PLEASE READ THIS AGREEMENT CAREFULLY
About this Agreement: (the “Agreement”). The Member is referred to as “you” or “the Member” and MacFit360 Fitness & Performance Ltd. is referred to
As “us”, “we”or”MacFit360”. This Agreement is legally enforceable. Please read everything carefully.
- Our Responsibilities:
By accepting this Agreement, subject to the terms set out in this Agreement, we accept you as a member of our health, Fitness and wellness facility. You will have the right during the term to use the facilities and services which you have purchased during our posted hours of operation. “Facility” includes your Home Club named above and any other MacFit360 location that you are entitled to access under your permitted reciprocity rights. Note that some facilities and services are only available during hours that the Facility is staffed. Please ask our staff for details.
- Your Membership Privileges:
East Memberships: Access to your MacFit360 East Club, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes) d) change room facilities, and showers (showers may be restricted to staffed hours).
West Memberships: Access to your MacFit360 West Club, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes), d) change room facilities, sauna, recovery room and showers (showers may be restricted to staffed hours).
Passport Memberships: Access to both East & West MacFit360 Locations, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes), d) change room facilities, sauna, recovery room and showers (showers may be restricted to staffed hours).
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.
You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes.
You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability.
You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer, instructor and/ MACFIT360 FITNESS & PERFORMANCE LTD, MACFIT360 PERSONAL TRAINING STUDIO LTD. for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
Furthermore, you understand that all MacFit360 services are non-refundable and nontransferable and have noted the expiration period for such services. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
Membership is only for persons over the age of 16. Anyone under 16 is not permitted to membership but eligible for personal training. We also offer Student Rate and Senior Citizen Rate in-house but proof of identification is required.
Rules and Regulations:
Our Rules may be posted in the Facility and are available at https://www.macfit360.com/macfit360-faq/ . They may change from time to time. The Rules are for your benefit and protection and must be complied with by all Members. We reserve the right to cancel or suspend your membership, without refund, if you a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others.
We do not allow any business activity or solicitation at the Facility. In particular solicitation of any business competitive with our business (including personal trainer services) is strictly prohibited. You agree to pay us any revenues received by you if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).
Reservation of Rights:
We reserve the right to refuse or cancel any membership without cause. We reserve the right at any time to change our hours of operation, and to change the cost of, add, modify and/or eliminate any program, equipment, activity or class of service. We will use our reasonable best efforts to maintain the existing services and facilities at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand.