TERMS
Waiver And Release:
IN CONSIDERATION OF the risk of injury that exists while participating in EQUIPMENT EXERCISE (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge PRESH FITNESS LLC, located at 3808 Spicewood Springs Rd, Ste 103, Austin, Texas 78759, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Presh Fitness LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Presh Fitness LLCAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Presh Fitness LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Presh Fitness LLC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Presh Fitness LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to Presh Fitness LLC alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Attendance And Punctuality:
There Is A 5-Minute Grace Period For All Scheduled Classes And Sessions. Any Arrivals After The 5-Minute Mark Will Be Considered Late And Will Result In Cancellation Of The Class/Session. We Kindly Ask All Participants To Be Punctual. Please Note That Doors Will Be Locked 5 Minutes After The Start Time And Will Not Be Reopened Until The End Of The Session To Minimize Interruptions. We Appreciate Your Understanding And Cooperation In Ensuring A Smooth Class Experience For Everyone
Our Doors Will Not Open Until 5 Minutes Prior To Class. Please Do Not Yank Or Bang On Our Doors Before This 5 Minute Timeframe.
No Shows Of 3 Occurrences With No Communication Will Result In Automatic Termination.
Do Not Text Message/Dm Our Coaches To Add You In Classes If You Missed This Deadline, As They Are Actively Working With Other Clients And Do Not Have The Bandwidth To Accept These Requests. You Will Need To Make Sure You Sign Up Before The Deadline. Please Do Not Text/Dm Our Coaches To Cancel Or Reschedule Your Class Bookings. You Will Need To Do This On Your Own. We Do Not Have The Bandwidth To Accept These Requests. The Online Booking System Exists For The Sole Purpose Of Allowing Clients To Schedule Classes Accordingly.
Refund Policy:
At Presh Fitness Studio, We Prioritize Providing Exceptional Services And Ensuring Customer Satisfaction. However, Please Note That All Purchases Made At Our Studio Are Non-Refundable. We Do Not Offer Refunds For Any Services, Including But Not Limited To Membership Fees, Classes, Personal Training Sessions, Or Other Products Sold.
We Strive To Deliver High-Quality Fitness Experiences And Products To Our Clients. If You Encounter Any Issues Or Have Concerns Regarding Our Services, We Encourage You To Reach Out To Our Team. We Will Do Our Utmost To Address Your Concerns And Provide Assistance Within Our Means.
Presh Fitness Studio Reserves The Right To Update Or Modify This Refund Policy At Its Discretion.
Scheduling Limits:
A Class Must Be Changed Or Canceled Prior To 12 Hours Before The Scheduled Class Time Or It Will Be Forfeited. Our Staff Will Not Accept Late Cancel Emails (Or Any Other Means Of Communications), In An Effort To Redeem Class Credit.
In The Event You Miss The 12 Hour Deadline, You May Send A Good Faith Email To Preshfitness.Info@Gmail.Com Letting Us Know You Won't Make It. This Will Prevent Your Appointment From Being Marked As 'no Show'. However, Please Be Aware You Will Still Lose The Credit Associated With The Booking. Please Note That We Will Not Accept Cancellation Notifications Via Any Other Means, Including Texts, Dms, Etc. Thank You For Your Understanding.
Late Canceling Or No Showing A Reservation Will Result In The Credit Being Forfeited And May Be Subject To A $20 Penalty. We Will Handle This On A Case-By-Case Basis, Meaning That If We Notice A Pattern Of No-Shows And Late Cancel Emails, We Reserve The Right To Initiate A Charge. It Is Advisable To Plan Ahead As Best As You Can To Avoid Any Inconvenience. Classes May Be Scheduled Up To 3 Hours Prior To The Start Of Class. Our Class Schedule Is Now Viewable Up To 14 Days In Advance.
Membership Policy:
We Kindly Request Any Membership Cancellation To Be Submitted Via Email Within 10 Days Before Your Next Billing Cycle. Requests Received Outside Of This Period Will Be Honored After Your Next Billing. Please Note That Your Booking Of Upcoming Services Is Your Agreement To This Policy.
After Membership Cancellation, There Is A 30-Day Window From Your Last Billing Date To Redeem Any Remaining Classes. Credits May Not Be Redeemed For Any Upcoming Classes After The 30 Day Window From Your Initial Cancellation. Once This Deadline Elapses, The Credit Within That Membership Will Be Forfeited And Cannot Be Redeemed.
Members Requesting A Downgrade Must Submit Their Request At Least 10 Days Prior To Their Next Billing Cycle. Any Class Credits Accrued From The Previous Membership Tier Will Be Forfeited Upon The Downgrade, Effective Immediately Upon The Next Billing Cycle For The Downgraded Membership.
General Membership Is A Requirement For All Personal Training And Partner Training Clients Working Directly With Our Trainers. General Memberships Will Be Canceled By Default After Last Personal Training Session.
In The Event Billing Fails, Please Update Billing Information To Restore Membership. If We Are Unable To Process Billing Successfully After 2 Attempts, Membership Will Be Considered Canceled. Any Scheduled Classes And Remaining Credits Are Forfeited If Membership Was Purchased At Promotional Value.
Liability Waiver Must Be Reviewed And Signed Before Your First Session Or Class.
Respect And Consideration Are Core Values At Presh Fitness Studio. Any Disrespectful Behavior Towards Our Coaches, Fellow Clients, Or Members Is Strictly Prohibited. Presh Fitness Studio And Its Coaches Retain The Right To Refuse Service And May Terminate The Membership Of Anyone Exhibiting Such Behavior.
We Reserve The Right To Revoke Membership At Any Time.
Class Pack And Promotions Policy
After The Validity Period Has Elapsed, Credits Associated With The Class Pack Will Expire And Become Unredeemable. It Is Essential To Utilize The Classes Within The Specified Validity Duration To Ensure Their Full Utilization And Value.
If You Cancel Your Membership Promotion Before Your First Billing, You Will Lose Any Remaining Classes In Membership Promotion. *This Applies To All Membership Promotions.* If Billing Is Unsuccessful After The First 30 Promotional Days, All Upcoming Classes Will Be Cancelled And Considered Forfeited.
The Trial Is Only Valid For New Clients Only That Have Never Visited The Studio And/Or Never Purchased Any Services Including Other Free Promotions. Any Existing Clients That Attempt To Utilize Our Free Trial Will Lose Access To Our Facility.
Presh Fitness Studio Code Of Conduct
Disrespectful or disruptive behavior towards our coaches, staff, or fellow members is strictly prohibited at Presh Fitness Studio. We foster a supportive and inclusive environment and expect all individuals to conduct themselves respectfully. Any instances of disrespectful behavior, including but not limited to verbal abuse, harassment, discriminatory behavior, or disruption of sessions, may result in immediate termination of services and access to our facilities. We prioritize a positive and safe experience for everyone involved in our community.
Presh Fitness Studio reserves the right to refuse service or access to our facilities to any individual displaying disrespectful or disruptive behavior, as outlined in our policy. We prioritize maintaining a welcoming and safe environment for all our members and staff.
Hygiene Clause: At Presh Fitness Studio, we prioritize maintaining a clean and comfortable environment for all our members. We believe that personal hygiene is crucial not only for your own well-being but also for the consideration of others sharing the studio space. We kindly ask that members refer to the following hygiene guidelines, including but not limited to: Ensuring cleanliness before participating in fitness classes, using the provided wipes, deodorant sprays, and body sprays in the restrooms if a shower is not feasible before the class. We want everyone to feel at ease during their workouts. Our commitment is to provide a positive and enjoyable atmosphere for everyone, and your cooperation is essential in achieving this goal.
Non-Discrimination Policy:
All Individuals Are Respected And Valued In Our Fitness Community. We Strictly Prohibit Any Discriminatory Behavior Based On Race, Religion, Ethnicity, Gender, Sexual Orientation, Age, Or Disability. Any Display Of Discriminatory Behavior Will Not Be Tolerated.
Any Individual Displaying Discriminatory Behavior Is Subject To Immediate Membership And Service Cancellation. Additionally, All Upcoming Appointments Will Be Canceled.
Communications Protocol:
For Group Class Scheduling, System Inquiries, Comments, Or Concerns Regarding Group Classes, We Kindly Request That All Group Class Communications Be Directed Via Email. Text Messages, Direct Messages On Social Media Platforms, Or Other Informal Channels Will Not Be Accepted For Facilitating Group Class Requests.
Photo Use Release Form:
I, Hereby Grant And Authorize Presh Fitness Llc The Right To Take, Edit, Alter, Copy, Exhibit, Publish, Distribute And Make Use Of Any And All Pictures Or Video Taken Of Me By Presh Fitness Llc To Be Used In And/Or For Legally Promotional Materials Including, But Not Limited To, Newsletters, Flyers, Posters, Brochures, Advertisements, Fundraising Letters, Annual Reports, Press Kits And Submissions To Journalists, Websites, Social Networking Sites And Other Print And Digital Communications, Without Payment Or Any Other Consideration. This Authorization Extends To All Languages, Media, Formats And Markets Now Known Or Hereafter Devised. This Authorization Shall Continue Indefinitely, Unless I Otherwise Revoke Said Authorization In Writing.
I Understand And Agree That These Materials Shall Become The Property Of Presh Fitness Llc And Will Not Be Returned.
I hereby hold harmless, and release PRESH FITNESS LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
I warrant that I am of the age of consent (18 years or older) and that I am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning and impact of this release.
Electronic Signature Consent*
By booking services at Presh Fitness Studio, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
This information is also available HERE.