Buckhannon Fitness Center (aka. BFC Fit) Waiver & Informed Consent
You have agreed to purchase a membership at the Buckhannon Fitness Center, LLC. a facility that allows members 12 years old and older access at any time. As such, you are aware that there will be no supervision or assistance. This gym does not have regular staffed hours. You are also aware that if you are injured, become unconscious, suffer a stroke, or heart attack, that there will likely be no one to respond to your emergency and this facility has no duty to aid you. Even though this facility is equipped with surveillance cameras, technology can unexpectedly fail and may not be being always viewed. Therefore, it is likely that should you require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner accompany you while at the Buckhannon Fitness Center, but it is entirely up to you.
Because physical exercise can be strenuous and subject to risk of serious injury, Buckhannon Fitness Center urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, visitor or participant) agree that if you engage in any physical exercise or activity or use any equipment that you are in adequate health to participate in the exercise regimen in which you are participating.
The use of any Buckhannon Fitness Center service or amenity on the premises or off premises including a sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of this facility and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all services, amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) any dietary recommendations and (d) your slipping and /or falling while in the club premises, including adjacent sidewalks and parking areas.
By entering your Personal Door Access Code, you acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the Buckhannon Fitness Center, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action. You agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Buckhannon Fitness Center for negligence, personal injury or property damage. Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed, and the remainder of this agreement will remain in full force. Members are allowed to bring in Guests. Members may be bring guests in with their Personal Door Access Code under the following conditions: (1) Members fully inform Guest of the Waiver, Informed Consent, and Rules of the Gym and the Guest accept the Buckhannon Fitness Centers Terms of Service. (2) Guest becomes registered (aka. creates an account) at www.wvfit.com (only needs done once per guest) (3) Member contacts The Buckhannon Fitness Center by text or phone call to 304-516-3623 prior to guest entrance to inform the Buckhannon Fitness Center of who is in the facility. (4) and payment is made online via member’s account or payment put in the payment box at the front of the gym. By bringing in a Guest, Members agree to take responsibility for the Guest’s actions, understanding that a Guest’s violation of the Buckhannon Fitness Center’s Terms of Service, may result in a termination of member’s guest privileges, or temporary of permanent revocation of membership, or payment of fines due to the guest’s violations.
I declare that I intend to use some or all the activities, facilities, programs, and services offered by Buckhannon Fitness Center facilities, and I understand that each person (myself included) has a different capacity for participating in such activities, facilities, programs, and services. I am aware that all activities, services, and programs offered are educational, recreational, or self-directed in nature. I assume full responsibility, during and after my participation, for my choices to use or apply, at my own risk, any portion of the information that I receive.
I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness and health (physical, mental, or emotional) and to the awareness, care, and skill with which I conduct myself in that activity or program. I acknowledge that my choice to participate in any activity, service, or program brings with it my assumption of those risks and results stemming from this choice and the fitness, health, awareness, care, and skill I possess and use.
I further understand that the activities, programs, and services offered are sometimes conducted by personnel who may not be licensed, certified, or registered instructors and/or professionals. I accept the fact that the skills and competencies of some employees and/or volunteers will vary according to their training and experience and that no claim is made to offer assessment or treatment of any mental or physical disease or condition by those who are not fully licensed, certified, or registered and herein employed to provide such professional services.
I recognize that by participating in activities, facilities, programs, and services offered, I may experience potential health risks such as transient light-headedness, fainting, abnormal blood pressure, chest discomfort, leg cramps, nausea, etc. and that I assume willfully those risks. I acknowledge my obligation to immediately inform the nearest supervising employee of any pain, discomfort, or fatigue, or any other symptoms that I may suffer during and immediately after my participation. I understand that I may stop or delay my participation in any activity or procedure if I so desire and that I may also be requested to stop and rest by a supervising employee who observes any symptoms of distress or abnormal response.
In connection with my membership to the Buckhannon Fitness Center and in consideration for my partnership I am aware and consent to the use of photographs, videos or other likeness of myself that may be used in the advertising, social media communications, publicity and other promotional materials of the Buckhannon Fitness Center without payment or other consideration made to me.
I understand that only I am authorized to use my Personal Door Access Code to enter the Buckhannon Fitness Center and letting someone inside by any manner is against the terms of membership. I also understand that I may levied a fine of $25 per incident per person. I further agree to have that fine deducted from any credit/debit card on file. If I do not have a credit/debit card on file, I agree to pay the fine prior to next months membership payment is due. I acknowledge that this fine does not waive the Buckhannon Fitness Center’s right to terminate membership for violation of terms of membership, should it choose to do so.
I understand that membership privileges may be suspended and/or revoked for the following: abuse of the facilities or equipment, non-compliance or disregard of staff instruction or membership rules, disruptive or undesirable behavior as may be determined by the facility staff, and/or failure to pay dues or fines. I understand membership rules may be changed at any time without notice and are made available to be viewed online at www.bfcfit.com
The rules of the Buckhannon Fitness Center include all rules accepted by industry standard to maintain the health, safety, comfort, and welfare of its members. The complete list rules no way be able to be comprehensive or exhaustive, however a list of most common gym rules can be found at www.wvfit.com. One rule is putting weights back in their correct location after use. In other words, do not leave weights on bars, machine or on the floor. I understand that by not putting my weights (plates and dumbbells) away in the correct location is against rules, and therefore against the terms of membership. I also understand that I may be levied a fine of $15 per incident per person. I further agree to have that fine deducted from any credit/debit card on file. If I do not have a credit/debit card on file, I agree to pay the fine prior to next month’s membership payment is due. I acknowledge that this fine does not waive the Buckhannon Fitness Center’s right to terminate membership for violation of terms of membership, should it choose to do so.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the Buckhannon Fitness Center, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action. You agree to voluntarily give up
or waive any right that you may otherwise have to bring a legal action against Buckhannon Fitness Center for negligence, personal injury or
property damage. Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement will remain in full force.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT, I HAVE READ AND UNDERSTOOD IT AND AGREE TO BE BOUND BY ITS TERMS.
Thank you for choosing to use our facilities, services, or programs. We appreciate your understanding and cooperation in maintaining both your and our safety and health by reading and agreeing to the above waiver and informed consent agreement as confirmed by entering your Personal Door Access Code.
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