In exchange for participation in products organized by Oak Fitness Club (“Oak Fitness Club”), of 9436 Civic Center Dr. Suite 145, Beverly Hills, California, 90210 and/or use of the property, facilities and services of Oak Fitness Club, I agree for myself and (if applicable) for the members of my family, to the following:
1. In exchange for being allowed to participate in the services, facility and programs of Oak Fitness Club, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Oak Fitness Club and its officers, agents, employees, representatives, executors, contractors and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with my participation in any activities, programs or services of Oak Fitness Club or the use of any equipment at various sites, including home, provided by and/or recommended by Oak Fitness Club.
2. I have been informed of, understand and am aware that all exercise including strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, under- stand and am aware that fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I have had a physical examination and have been given my physician’s permission to participate or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment.. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members.
4. I understand that Oak Fitness Club is providing and maintaining an exercise/fitness program for me does not constitute an acknowledgment, representation or indication of my physiological well-being or a medical opinion relating thereto.
5. I understand that except in certain cases, all instructors are independent contractors that are not employees of Oak Fitness Club and in no way represent Oak Fitness Club.
6. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Oak Fitness Club, or the employees, representatives or agents of Oak Fitness Club.
7. I agree to indemnify and defend Oak Fitness Club against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Oak Fitness Club.
8. I agree to pay for all damages to the facilities of Oak Fitness Club caused by my or my family’s negligent, reckless, or willful actions.
9. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.
10. Service at Oak Fitness Club is available for individuals aged 14 years or older. You must, however, be at least 18 years of age to enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 14 years of age, you must present this Agreement to your parent or legal guardian, and he or she must initial to enter into this Agreement on your behalf. By initialing, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur.
Payment Policies and 24-Hour Cancellation
1. I understand that in the case of monthly subscription program is chosen, those associated program fees are on a month-to-month basis and are to be paid in advance of the upcoming month by automatic deduction. Each bill cycle is based on a calendar month from that date to the following date of the next month.. These fees will be charged on the same day of every month moving forward and will continue until such time as program is canceled. I agree to provide notice of termination of any such program by filling out a termination form with the club. I agree to provide at least 3 business days notice before the billing date for the termination of the monthly service. In the event I terminate within 3 days of the billing date, I agree to pay that monthly fee and understand that the automatic billing will be terminated for the following bill cycle and moving forward.
2. I understand that all service packages including but not limited to class packs, personal training, personal pilates and fitness challenges must be paid in full in advance and are non refundable, non transferable and expire 6 months after purchase. In the event of a series purchase, I agree to complete all of the lessons purchased in that series within 6 months of the purchase. I understand and agree that all series and services that I have pre-purchased will expire 6 months from the date of purchase after which time the value of that service will not be refunded and any remaining lessons will not be available to use.
3. I agree to attend all private sessions or group classes that I book. I agree to give at least 24 hours notice if I need to make a change to that private session or class.
4. I understand and agree to the 24-hour cancelation policy. The 24-hour cancellation policy states that any private appointment or group class booked, must be cancelled 24 hours in advance or I will forfeit that session of the package or be charged the value of that service to my card. I understand that any appointment, service or class that I sign up for but do not attend or have not arrived to the class on time will result in the deduction of that class from the series OR the value of that service to be charged on my card.
5. I understand that all purchases are final, non refundable and nontransferable after the purchase is made. However you, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to Oak Fitness Club, 9346 Civic Center Drive | Suite 145 | Beverly Hills | CA | 90210, attention Manager. Also, you may cancel this agreement if you become disabled or die, and also if you move more than 25 miles from the facility. I have read, understand and agree to all Oak Fitness Club general facility, private/class instruction and payment policies.
I agree to and understand to everything I have read in this document.