ACCIDENT WAIVER AND RELEASE OF LIABILITY
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH FITSTOP, both in location & when completing programs at home, including by way of example and not limitation, any risk that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I CERTIFY THAT I AM PHYSICALLY FIT, COMPLY WITH PUBLIC HEALTH ORDER REQUIREMENTS AND ENTER FITSTOP, OR COMPLETE FITSTOP PROGRAMS AT HOME, AT MY OWN RISK. YOU ACKNOWLEDGE THAT YOU WILL ABIDE BY ANY FURTHER RULES OR REGULATIONS AS DIRECTED BY THE RELEVANT GOVERNMENT AUTHORITIES AND FITSTOP TO ENSURE THE SAFETY OF THE STAFF MEMBERS AND OTHER FITSTOP MEMBERS AND GYM USERS. WHILE WE AIM TO MINIMISE RISKS ASSOCIATED WITH COVID-19, ACCESS TO FITSTOP IS ENTIRELY AT YOUR OWN RISK AND FITSTOP DO NOT AND CANNOT GUARANTEE THAT FITSTOP AND LOCATIONS WILL BE (OR WILL REMAIN) FREE FROM COVID-19.
I also grant Fitstop permission to use my likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I understand that the training may involve weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to, and it is my right to refuse such participance at any time during training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give Fitstop and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding I am responsible for any expenses incurred.
I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against FITSTOP, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as “the Releasees”). I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by FITSTOP, both in location & when completing programs at home, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care. I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, personal injury to, any third party, resulting from my participation in any program, activity or service provided by Releasees.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with FITSTOP to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
MEMBERSHIP TERMS & CONDITIONS
Membership fees are always debited on a weekly basis and there are two different Memberships;
1. Fitstop Group Training (standard)
2. Membership Foundation Membership - which is priced lower than the standard membership.
Pay Per Use
Fitstop also offers “pay per use” sessions in which a person can pay to train at a Fitstop club for a single session. “Pay per use” sessions are available for active members and non-members and can be used at any Fitstop club. To purchase a “pay per use” session, you must sign up to the Fitstop App and select the “pay per use” session on the date and at the Fitstop club you wish to attend. You will be required to make payment of your “pay per use” session at the time of booking. If you are not an active member of Fitstop, you will be required to agree to and sign Fitstop’s waiver before being able to purchase your “pay per use” session, which is also done via the Fitstop App. A “pay per use” session may only be redeemed on the date and at the location as selected at the time of booking on the Fitstop App. Once purchased, a “pay per use” session cannot be refunded or changed. Active members are able to purchase a “pay per use” session to attend an alternative Fitstop club than their “home” club. Please note that the fee for a “pay per use” session will be in addition to an active member’s membership fees.
Active members can refer another person to become a Fitstop member. If an active member refers someone else who becomes an active member, both parties will receive a free week, with the next billing being free. for the newly active member who was referred, they will receive their free week on their second billing week; they will be charged for the first billing week to ensure they become an active member.
Membership fees are debited on a weekly basis as a non-negotiable, across the network and all locations are required to use Stripe as the direct debit company. The billing date will be based on when the member initially signs up, or when the member suspends (which will change their debit cycle date).
Under 18 Membership
The minimum age for a person to join or train at Fitstop is 16 years of age and must have the approval of their parent/guardian by way of the Fitstop App waiver being signed by the parent/guardian, granting permission for the under 18 to train. This is the same sign up process as normal, via the Fitstop App.
The Waiver outlines
Release of liability Terms and Conditions - Suspensions, Cancellations and Kiddie ZoneSignature field for the member and/or the for the Parent or Guardian to sign if the member is under the age of 18
Once a cancellation request has been submitted the membership will remain active until the week following the 4th debited payment. You must have an ‘Active’ status for a cancellation to be applied i.e not on a suspension and not in arrears. Cancellation requests must be submitted in the Fitstop App. If for instance, a member is on suspension and then requests to cancel, you would remove the suspension (reactivate the skipped payments) and then process the cancellation request. A medical Cancellation would be where a medical certificate is provided outlining that the member can no longer participate in physical exercise indefinitely which would result in an immediate cancellation. We do not backdate cancellations. If a medical certificate is provided outlining that the member can no longer participate in physical activity the membership will be terminated effective immediately.
Transferring to another Location
You are able to transfer your membership to another location within the Fitstop App. Currently, this is an instant transfer to the other location. The transfer process has to be approved by the location you are transferring from, before the transfer occurs.
A membership can be suspended for a minimum period of 2 weeks and a maximum of 6 weeks in total per calendar year (Jan-Dec), suspensions require at least 7 days’ notice in writing. You must have an ‘Active’ status for a suspension to be applied i.e not within a notice period of cancellation and not in arrears. Suspension requests must be submitted in the Fitstop App. Once a suspension is accepted, you will go into suspension. Once you unsuspend from the app, you will be billed for the amount of days you used in your billing cycle (7 days), e.g. if you are normally billed on a Monday, and you are billed on a Wednesday, you will be billed for the 2 days used in the app. A medical suspension is as per the medical certificate duration provided and does not deduct from the approved 6 weeks per calendar year. We do not backdate suspensions.