1. ASSUMPTION OF RISK
I understand that participation in fitness activities, strength training, cardiovascular exercise, functional training, group fitness classes, and use of any equipment at 4 Seasons Fitness, LLC (“Club”) involves inherent and significant risks. These risks include, but are not limited to:
- Muscle strains and tears
- Broken bones
- Heart attack or stroke
- Permanent disability
- Paralysis
- Death
I acknowledge that these risks may arise from my own actions or inactions, the actions of others, the condition of the premises, or the use or misuse of equipment.
I knowingly and voluntarily assume all inherent risks associated with my use of the Club and its facilities, whether known or unknown, obvious or hidden, to the fullest extent permitted under Montana law.
I further acknowledge that the Club operates at times without staff present, and I assume all risks associated with exercising without supervision.
2. MEMBERSHIP ELIGIBILITY
For insurance, safety, and liability reasons, 4 Seasons Fitness is an adults-only facility. All members and guests must be 18 years of age or older to enter or use the gym. Individuals under the age of 18 are not permitted in the facility under any circumstances.
Exception: Individuals under the age of 18 may access the facility only while participating in a scheduled one-on-one personal training session with an approved 4 Seasons Fitness personal trainer. The trainer must provide direct, continuous supervision of the minor for the entire duration of the session. Minors are not permitted to use the facility before or after the scheduled session or without the trainer present.
These policies apply regardless of parental consent, presence, or supervision, unless the minor is participating in a scheduled one-on-one session with an approved trainer as described above.
These policies are in place to promote the safety of all members and to comply with our insurance and liability requirements. We appreciate your understanding and cooperation.
3. RELEASE OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF MONTANA, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE 4 SEASONS FITNESS LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, LANDLORDS, AND AFFILIATES (“RELEASED PARTIES”) FROM ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE RESULTING FROM MY USE OF THE FACILITY, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
4. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of:
- My use of the facility
- My violation of Club Rules
- My negligent or wrongful conduct
To the extent permitted under Montana law.
5. HEALTH WARRANTY
I represent that:
- I am physically capable of participating in exercise activities.
- I have no medical condition that would make participation unsafe.
- I understand 4 Seasons Fitness recommends consulting a physician prior to beginning any exercise program.
I agree to immediately stop exercising and seek assistance if I experience dizziness, chest pain, severe discomfort, or other concerning symptoms.
I agree that this Waiver and Release of Liability shall apply to each visit, including future visits, regardless of any date of issuance or expiration date on the Guest or Permanent membership card, and regardless of the date that this form is signed below. I understand and acknowledge there is risk involved in being in and around fitness facilities, including, but not limited to, utilizing equipment or participating in any exercise or fitness activity. In consideration for being allowed to utilize 4 Seasons Fitness, I agree I will assume the risk and full responsibility for any and all injuries, losses, death, costs, or other damages, that might occur to me and/or to my family while on the premises of fitness facilities or participating in any off-site programs or activities; and to the maximum extent allowed by law, I agree to waive and release any and all claims, suits, or related causes of action against 4 Seasons Fitness, for negligence, injury, loss, death, costs, or other damages to me, my heirs or assigns, while on the premises of the fitness facilities or participating in any off-site program or activity. I further agree I will indemnify, defend and hold 4 Seasons Fitness harmless, to the maximum extent allowed by law, from negligence, injury, loss, death, costs, or other damages to me, my heirs or assigns, or third parties for claims, suits, or related causes of action asserted against 4 Seasons Fitness arising from my conduct and/or my family’s conduct while on the premises of fitness facilities or participating in any off-site program or activity and this waiver and release shall bind the members of my family and my spouse or partner, if I am alive, as well as my estate, family, heirs, administrators, personal representatives or assigns if I am deceased, and shall be deemed as a “Release, Waiver, Discharge and Covenant” not to sue 4 Seasons Fitness. If any term of this waiver and release shall be found illegal, unenforceable or in conflict with any applicable law, the validity of the remaining portions shall not be affected thereby.
6. CLUB RULES & POLICIES
I agree to comply with all posted rules and policies, including but not limited to:
- Completion of a Pre-Activity Questionnaire (PAQ).
- Providing medical clearance if deemed moderate/high risk.
- Proper use of equipment.
- Wearing appropriate athletic attire and closed-toe shoes.
- Wiping down equipment and returning weights after use.
- No weapons, illegal drugs, alcohol, smoking, or vaping.
- No harassment, discrimination, aggressive behavior, or abusive language.
- No unauthorized personal training.
- No sharing of access codes or permitting unauthorized entry.
- Compliance with all safety procedures and emergency protocols.
Violation of policies may result in suspension or termination of membership.
7. ACCESS & SECURITY
- Membership payments must remain current for access privileges.
- Members may not share access codes.
- Unauthorized entry may result in fines or termination of membership.
- Facility hours: 5:00 AM – 10:00 PM.
- The facility may be monitored by security systems.
8. PERSONAL PROPERTY
The Club is not responsible for lost, stolen, or damaged personal property. Lockers are provided for convenience only. Members use lockers at their own risk.
9. PERSONAL TRAINING
Only authorized 4 Seasons Fitness trainers may provide training services within the facility. Unauthorized training may result in suspension or termination of membership.
10. COVID-19 ACKNOWLEDGMENT
I understand that COVID-19 is contagious and that exposure may occur despite reasonable precautions. I voluntarily assume all risks related to potential exposure, illness, permanent disability, or death associated with entering the facility.
11. GOVERNING LAW & VENUE
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Montana.
Any legal action arising from this Agreement shall be filed exclusively in a court of competent jurisdiction within the State of Montana.
12. SEVERABILITY
If any portion of this Agreement is held invalid under Montana law, the remaining provisions shall remain in full force and effect.
13. ELECTRONIC SIGNATURE CONSENT
I acknowledge that this Agreement may be executed electronically and that my electronic signature is legally binding under:
- Montana Uniform Electronic Transactions Act (Title 30, Chapter 18, MCA)
- Federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
By signing electronically, I:
- Consent to conduct this transaction electronically.
- Confirm I can access and retain a copy of this Agreement.
- Agree my electronic signature is legally equivalent to a handwritten signature.
14. ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that:
- I have carefully read this entire Agreement.
- I understand that I am waiving substantial legal rights.
- I am signing up voluntarily.
- I have had the opportunity to ask questions.
I understand that 4 Seasons Fitness LLC is relying on this Agreement in granting me membership.
MEMBER SIGNATURE
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