GameFit Guest Waiver Agreement

Gamefit GUEST WAIVER AGREEMENT

GameFit HQ Guest Waiver Agreement

1. Acknowledgment & Assumption of Risk. Member acknowledges that the services purchased hereunder include participation in strenuous physical activities, including, but not limited to, high intensity interval training, weight training, stationary bicycling, various aerobic conditioning machinery and possible various nutritional programs offered by GameFit HQ (the “Physical Activities”). Member acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries and any other illness, soreness, or injury however caused occurring during or after Member's participation in the Physical Activities. Member further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, overexertion of Member, slip and fall by Member, or an unknown health problem of Member. Member agrees to assume all risk and responsibility involved with Member’s participation in the Physical Activities. Member affirms that Member is in good physical condition and does not suffer from any disability that would prevent or limit participation in physical activities. Member acknowledges participation will be physically and mentally challenging, and Member agrees that it is the responsibility of Member to seek competent medical or other professional advice, regarding any concerns or questions involved with the ability of Member to take part in the Physical Activities. By signing this Membership Contract, Member asserts that Member can participate in the Physical Activities. Member agrees to assume all risk and responsibility for Member’s exceeding his or her physical limits.

2. Limitation of Liability & Full Release. Member fully releases GameFit HQ (as used herein, “GameFit HQ” means GameFit, LLC, its affiliates, owners, employees, authorized agents and independent contractors) (the "Releasees") from any and all liability, claims, demands or other actions that Member may have for injuries, disability or death or other damages of any kind, including but not limited to, direct, special, incidental, indirect, punitive or consequential damages, whether arising in tort, contract, or breach of warranty, arising out of participation in the services, including, but not limited to, the Physical Activities, during the Initial Term or any renewal term, even if caused by the negligence or fault of any of the Releasees.

3. Air Compression Therapy. Units must be checked out with a GameFit HQ employee. Users must remain in one of the designated Recovery Recliners during use.

4. Health Questionnaire Not Medical Advice. Member acknowledges that GameFit HQ does not diagnose health problems, does not provide medical advice nor a substitute for medical attention and GameFit HQ has advised Member to discuss the appropriateness of the services with Member’s doctor. The GameFit HQ Health Questionnaire (or any similar questionnaire or assessment), if given to the Member, is nothing more than guidance for deciding Member’s goals. The fact that GameFit HQ agrees to provide the services to the Member based on such a questionnaire or assessment and Member’s representations is not a medical judgement that Member is medically, physically, or mentally able to receive the services. The services should not replace any dietary restrictions or medical recommendations from Member’s doctor. If a Member has a history of heart disease, he or she should consult a physician before joining GameFit HQ services.

5. Policies: Appointment Cancelation Policies. 24-hour cancelation policy for all Personal Training appointments. Inside the 24-hour cancelation window, credits / payments will be deducted. 4-hour cancelation policy for all Tanning and Recovery appointments. Inside the 4-hour cancelation window, credits / payments will be deducted. Guest Policy. All guests must register with a GameFit HQ staff member. GameFit HQ members are prohibited from allowing GameFit HQ access of any kind to an unregistered guest. Failure to comply with this policy will result in an automatic Guest Fee charge of $15 to the card or account on file. The second offense will result in termination of your GameFit HQ contract without refund. One-day pass: $15. Oneweek pass: $30 Video/Camera Policy. We support photos/videos, but any filming that interferes with or disrupts another member’s workout will not be tolerated. Please use common sense and be respectful. Any professional filming or photoshoots must be approved by GameFit HQ staff. Share your pictures and videos with us on Instagram and Facebook @gamefithq! Theft Policy. GameFit HQ is under 24-hour surveillance. If you suspect you have lost, misplaced, or had an item of your belongings stolen, please report to a GameFit HQ employee immediately. We will do our best to help you, but GameFit HQ IS NOT responsible for any lost, misplaced, or stolen items. Violation of Policy. Failure to comply with any GameFit HQ policy may result in termination of membership without refund.

6. Posing Room Rules.

1. Be respectful and timely when others are waiting to use the room.

2. Do not leave the Posing Room without proper gym attire.

3. Do not bring any weights or equipment into the Posing Room. Do not remove anything from the Posing Room.

7. GameFit HQ Commandments.

1. Behave with kindness, honor, and respect.

2. Throw away all trash and clean up after yourself.

3. Sanitize equipment after use.

4. Re-rack all weights and put away all equipment.

5. Do not drop weights. Use bumper plates for deadlifting and ground-based power lifting exercises.

6. Do not lean on the dumbbell weight rack. Always stand 3 feet clear of the rack.

7. Personal audio must be contained to headphones.

8. No personal training is allowed unless approved by GameFit HQ management.

9. Follow the camera / video policy.

10. Shirts and shorts must always be worn, unless in the Posing Room or private rooms.

11. Do not take gym equipment into private rooms.

12. Gym bags must be placed tucked away from aisles and common areas.

13. If you do not know how to use a machine, ask the staff for assistance.

14. ALWAYS scan in before entering. All guests must be checked in by a GameFit HQ employee and provided a guest pass.

15. Do not allow entry to any visitor for any reason.

16. No vaping or tobacco products of any kind.

8. Agreement To Arbitrate. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND GAMEFIT HQ (“GAMEFIT HQ” AS USED HEREIN MEANS GAMEFIT HQ, ITS AFFILIATES, OWNERS, EMPLOYEES AND AGENTS), YOU AND GAMEFIT HQ CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR GAMEFIT HQ CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND GAMEFIT HQ ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND GAMEFIT HQ. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY GAMEFIT HQ IN WRITING INFO@GAMEFITNT.COM WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS MEMBERSHIP CONTRACT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH GAMEFIT HQ BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT IF GAMEFIT HQ IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.

9. No Refunds or Assignment by Member. No refunds will be made for services purchased except as specifically provided in this Membership Contract. Member may not sell, assign, or transfer this Membership Contract and any such attempt will be void. This Membership Contract is fully assignable by GameFit HQ.

10. Enforceability. The parties agree that if any provision or portion of this Membership Contract is declared void and unenforceable, such provision or portion of a provision will be deemed severed from this Membership Contract, which will otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision will be reduced, narrowed and/or the like, and so enforced. Other Terms Unless otherwise provided, the enrollment fee, and any processing fee, are non-refundable. Neither is a prepaid sum for services; they merely entitle you to buy services by paying dues and other applicable charges.

11. Additional Terms. All information and material of a personal or private nature that is acquired directly or indirectly from a Member including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by GameFit HQ to the Member by regular mail within thirty days after the expiration of this Membership Contract or after the expiration for any reason of the service to be rendered by GameFit HQ. Member shall not be required to pay more than fifty dollars or ten percent of the total contract price, whichever is the lesser amount, prior to the date on which the facility or service that is the subject of the Membership Contract is available for use by the Member.

12. Governing Law. This Membership Contract will be governed and enforced in accordance with Ohio law.

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Communication Opt-in

By checking this box, you consent to receive communications from GameFit HQ at the phone number you provided in your membership application and contract. This may include calls, telemarketing, SMS (text messages), voicemail, and similar messages using automated technology, including automated dialing systems and pre-recorded voices. These communications may pertain to your account and offers from GameFit HQ. You understand that providing this consent is not a requirement for purchasing any products or services, and you confirm that the contact information you provided is accurate. You can opt out at any time. Standard message and data rates may apply. Message frequency may vary. For help, text HELP; to stop messages, text STOP.