CrossFit Symmetry Membership & Release of Liability Agreement

EXPRESS WAIVER AND RELEASE OF LIABILITY

Client is aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to, injuries and/or death caused by the negligence of the Client, training partner(s), instructor(s) or other person, defective or improperly used equipment, over-exertion by Client, slip and fall by Client, strains or sprains by Client or an unknown health problem of Client. Client expressly agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging and Client agrees that it is the responsibility of the Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in physical activities. Client agrees to assume all risk and responsibilities for exceeding his/her physical limits.

Client, on behalf of Client, his or her heirs, assigns and next of kin, waives and releases CrossFit Symmetry, JLB Fitness, LLC, its owners, employees, directors, officers, shareholders, members, agents, and independent contractors, from any and all liability, claims and/or causes of action of any kind that Client may have for injuries or damages of all and any kind, including, but not limited to, the personal training, nutritional programs, social activities and the physical activities provided by or on behalf of CrossFit Symmetry, JLB Fitness, LLC.

CrossFit Symmetry’s Training Services: The Agreement is for coaching services over a specific period during which the Client is eligible to partake in any and all activities in accordance with their membership package.

Photography Release: Client agrees Client may be photographed or videotaped on the premises of CrossFit Symmetry or at an organized CrossFit Symmetry event. Client consents to the use of these photographs and/or videos without compensation by CrossFit Symmetry, JLB Fitness, LLC on the website of CrossFit Symmetry or in any editorial, promotional and/or advertising material produced and/or published by CrossFit Symmetry.

Refunds: No refunds shall be made for services purchased, except as specifically provided in the Agreement.

Payment & Billing: (1) Payment in full will be required before the start of the first class. (2) Payment by credit card, check or EFT is accepted. The date the Agreement is signed shall be the billing date for the Client.

Client’s Default: Client shall be deemed in default of this Agreement upon failure to comply with any of the terms and conditions of this agreement, including but not limited to, the obligation to make payment as and when due. Upon default, CrossFit Symmetry, JLB Fitness, LLC shall have all rights and remedies available including termination of this Agreement and institution of action for all applicable damages. If CrossFit Symmetry delays or refrains from exercising any rights under this Agreement, CrossFit Symmetry does not waive, nor will CrossFit Symmetry lose those rights. If CrossFit Symmetry accepts late or partial payments from the buyer, CrossFit Symmetry does not waive the right to receive full and timely payments and other charges under this Agreement.

Successors and Assigns: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, administrators, executors, representatives, successors, and assigns of Client.

Enforceability and Governing Law: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in effect. The Agreement shall be governed and enforced in accordance with the laws of the State of Ohio. In the event any dispute arises out of this Agreement, CrossFit Symmetry, JLB Fitness, LLC and Client agree that the venue for such action shall exclusively be Clermont County, Ohio.

CrossFit Symmetry Kids Class

6 Week Program - 1 class per week

$200/child for 6-week program

15% off for each additional child from same household

Payment Schedule

Payments will be due prior to the first scheduled class designated by CrossFit Symmetry and processed on the same day as received. This agreement is binding for the contract length marked above.

EFT Request and Authorization: Client hereby authorizes CrossFit Symmetry, JLB Fitness, LLC and its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by CrossFit Symmetry, JLB Fitness, LLC for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit Symmetry, JLB Fitness, LLC under the terms and conditions of this agreement.

Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receives prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees and not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by CrossFit Symmetry, JLB Fitness, LLC. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. CrossFit Symmetry, JLB Fitness, LLC or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur: re-submit unpaid EFT draft-ten dollars; unpaid EFT draft (after re-submittal)- fifteen dollars; unpaid credit card debit-fifteen dollars; unpaid customer check-fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee- fifteen dollars.