MEMBER WAIVER AND RELEASE OF LIABILITY

This Waiver and Release of Liability (the “Agreement”) is entered into by the undersigned member (“Member”) in favor of Raised Fitness (the “Facility”), its owners, partners, employees, contractors, and agents (collectively, the “Releasees”).

ASSUMPTION OF RISK

The Member acknowledges that participation in physical exercise, use of fitness equipment, and access to the Facility involves inherent risks, including but not limited to:

  • Muscle strains, sprains, and injuries;

  • Equipment malfunction or improper use;

  • Slips, falls, or other accidents;

  • Serious injury, illness, or death.

The Member voluntarily assumes all risks associated with use of the Facility, whether supervised or unsupervised.

24/7 ACCESS & UNSUPERVISED USE

The Member acknowledges that the Facility operates on a 24-hour, 7-day basis and may not be staffed or monitored at all times.

The Member agrees that:

  • They may be using the Facility without supervision or assistance;

  • Emergency response may be delayed in the absence of staff;

  • It is their responsibility to exercise safely and within their personal limits.

The Member expressly assumes all risks related to unsupervised use of the Facility.

CELL PHONE REQUIREMENT

The Member acknowledges that the Facility may be unstaffed and unmonitored at times and agrees to keep a charged and readily accessible cell phone on their person at all times while on the premises.

The Member understands that maintaining access to a personal communication device is essential for contacting emergency services in the event of an injury, medical issue, or other emergency. Failure to do so is at the Member’s own risk.

RELEASE OF LIABILITY

To the fullest extent permitted by law, the Member hereby releases, waives, and discharges the Releasees from any and all liability, claims, demands, or causes of action arising out of or related to:

  • Injury, illness, or death;

  • Loss or damage to personal property;

  • Use or misuse of equipment;

  • Presence in or use of the Facility;

whether caused by negligence or otherwise, except in cases of gross negligence or willful misconduct.

EQUIPMENT USE

The Member agrees to:

  • Use all equipment properly and only for its intended purpose;

  • Follow posted rules and guidelines;

  • Immediately report any damaged or malfunctioning equipment;

  • Not use equipment they are unfamiliar with or untrained to use.

HEALTH DECLARATION

The Member represents that they are physically capable of participating in exercise activities and have no condition that would prevent safe participation.

The Member acknowledges that they are responsible for consulting a physician prior to engaging in exercise if necessary.

VIDEO SURVEILLANCE

The Member acknowledges and agrees that:

  • The Facility is equipped with video surveillance systems for safety and security purposes;

  • The Member may be recorded while on the premises;

  • Such recordings may be used for security, incident review, or legal purposes.

By signing this Agreement, the Member consents to such recording and use.

PERSONAL PROPERTY

The Member acknowledges that:

  • The Facility is not responsible for lost, stolen, or damaged personal property;

  • It is the Member’s responsibility to secure their belongings.

ACCESS & LIABILITY FOR UNAUTHORIZED USE

The Member acknowledges that access to the Facility is granted solely to the Member and is non-transferable.

The Member agrees not to permit, allow, or facilitate access to the Facility by any unauthorized individual, including but not limited to:

  • Sharing access credentials, key fobs, or entry codes;

  • Allowing tailgating or entry by non-members;

  • Admitting guests without prior authorization.

Any breach may result in suspension or termination of access without refund.

The Member further acknowledges that they may be held responsible for any damages, injuries, losses, or claims resulting from unauthorized access granted by them.

The Facility reserves the right to monitor access logs and video recordings to investigate suspected violations.

AGE REQUIREMENTS

Access to the Facility is subject to the following age restrictions:

  • 18 years and older: Full access;

  • 16–17 years: Permitted with signed parent or legal guardian consent;

  • 13–15 years: Must be accompanied by a parent or legal guardian at all times;

  • Under 13 years: Not permitted.

INDEMNIFICATION

The Member agrees to indemnify and hold harmless the Releasees from any claims, damages, losses, or costs arising from:

  • The Member’s use of the Facility;

  • Breach of this Agreement;

  • Improper or unsafe conduct.

INSURANCE ACKNOWLEDGMENT

The Member acknowledges that:

  • The Facility maintains liability insurance;

  • Such insurance does not eliminate or reduce the risks associated with use of the Facility;

  • The Member’s assumption of risk and this waiver remain fully binding.

ACKNOWLEDGMENT

The Member confirms that:

  • They have read and understood this Agreement;

  • They are voluntarily agreeing to its terms;

  • They understand that they are waiving certain legal rights.