ARTEMIS CF LLC
d/b/a ARTEMIS ATHLETICS FACILITY
139 Bay Area Blvd
Webster, TX 77598
(575) 640-4472
WAIVER OF LIABILITY
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY PROGRAM WITH YOUR PHYSICIAN. THE PROTOCOLS OF THIS PROGRAM WILL INVOLVE YOU IN RELATIVELY HIGH INTENSITY WORKOUTS OR INTENSE BODYWORK AND IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING:
ACKNOWLEDGEMENT OF DANGER: I will be participating in physical training sessions (1-on-1, semi private, group training, and/or 24 hours open gym access) and/or nutrition coaching at ARTEMIS CF LLC, D/B/A ATHLETICS FACILITY (collectively known as “Services”). I am fully aware that these Services are of a nature and kind that are extremely strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems, which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me.
ASSUMPTIONS OF RESPONSIBILITY: I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in any Services in this fitness facility and training program and accept full responsibility for any injury or death that may result from my participation.
ASSUMPTION OF RISK: I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in any Services offered by, or designed by, ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY. I understand there exists the possibility of adverse physical changes during participation in any and all Services. I fully understand that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
LIKENESS RELEASE: Use of picture(s)/film/likeness: I agree to allow ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors and volunteers to use the picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY of this in writing.
CLOSED-CIRCUIT VIDEO SURVEILLANCE: I recognize the need for closed-circuit video surveillance on and about Premises for security and productivity purposes. I recognize and agree that it is a condition of participation at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY that I freely execute and agree to this closed-circuit video surveillance, included being personally recorded pursuant to said closed-circuit video surveillance. I agree that ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors and volunteers may use any taping of my image, voice or appearance at any time pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations. I agree to indemnify and save harmless ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors, volunteers, its agents, successors, and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such recordings of me and their lawful and appropriate use. I further acknowledge that ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
CHILD OF PARTICIPANT: I willingly assume full responsibility for any and all risks that I am exposing my child/children to as a result of bringing him/her/them with me to this fitness facility and Services and accept full responsibility for any injury or death that may result to them from their presence and/or unauthorized/unsupervised action and activity.
I hereby certify that I know of no medical problems that would increase his/her/their risk of illness, injury, or death as a result of his/her/their presence in the fitness facility. I willingly assume full responsibility of supervision of my child/children during my entire time at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY
With my full understanding of the above information, I agree to assume any and all risks to my child/children associated with my participation in any and all Services at this fitness facility.
SERVICE ANIMAL: I understand that only certified service animals are permitted at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY. A "certified service animal" is defined as the following: a hearing animal, guide animal, assistance animal, seizure alert animal, mobility animal, psychiatric service animal, or autism service animal.
Certified service animals must comply with all licensing, vaccination, behavior and conduct requirements. I understand that I am required to notify ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY prior to bringing my service animal with me to the fitness facility. I shall be strictly liable for any damage or injury to any person or property caused by such animal. I will indemnify, defend, and hold harmless ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors and volunteers for any damages, loss, expenses, attorneys' fees, costs, judgments or liability which might accrue as the case may be, because of the presence of such animal in the fitness facility, regardless of whether the animal's presence is permitted.
WAIVER: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Services made available by ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and with my full understanding of all of the above, I hereby waive, release, remise and discharge ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors and volunteers, of any and all liability, claims, demands, action or rights of actions, or damages of any kind related to, arising from, or in any way connected with, my participation in the offered Services at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY.
COVENANT NOT TO SUE: I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.
If a parent or guardians is signing on behalf of me as a minor child, he/she is giving permission to administer the necessary first aid, and in case of serious illness or injury, he/she is giving 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.
INDEMNIFICATION: I recognize there is risk involved in the types of Services offered at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY. Therefore, I accept financial responsibility for any injury or death that I, or the participant, may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur reasonable attorney’s fees or costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, and its owners, agents, officers, principals, employees, independent contractors and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or act or omission while participating in any and all Services offered at ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY.
HOLD HARMLESS: I further agree to indemnify, save and hold ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY harmless from any loss, liability, attorneys’ fees, damage, or costs that it may incur arising out of or related to my child/children being in the fitness facility whether caused by the negligence of ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY or otherwise.
GOVERNING LAW AND VENUE: This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Texas, Galveston County.
PARENTAL CONSENT: (if applicable) I, the undersigned parent or legal guardian of the minor child, have read the above and understood the foregoing assumption of risk, and release of liability, and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I have been provided an opportunity to ask an attorney questions regarding this form and any fitness related program, as well as questions for clarity. By signing, I am verifying that I have received adequate and sufficient answers to all of my questions.
ARTEMIS CF LLC
d/b/a ARTEMIS ATHLETICS FACILITY
139 Bay Area Blvd
Webster, TX 77598
(281) 957-3568
ARTEMISCF@PM.ME
Membership Agreement
Agreement made on the above listed "Date/Time of acceptance" between ARTEMIS CF LLC, D/B/A ARTEMIS ATHLETICS FACILITY, a limited liability company organized and existing under the laws of the state of Texas, with its principal office located at 139 Bay Area Blvd, Webster, TX, 77598, referred to herein as the Health Spa, and the above Named individual ("Name") of the above listed "Address" hereinafter called Client.
Whereas the above Named individual ("Name") desires to become a client of the Health Spa and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;
Whereas, the Health Spa provides physical training through private sessions, semi private sessions, and small group training. All services are intended to improve the health and wellness of Client;
Whereas, if the Client has a history of heart disease, they should consult a physician before joining; (do we need proof of this? Like a doctors note)
Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Membership Fees, Cancellation, and Hold
All Membership options are listed below. Membership use and services must be
paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership options and fees are as follows:
A. Small Group Classes
I. Group Unlimited - $155.00/month
II. Group 3 Classes/Week - $135.00/month
III. Punch-Card - 10 Classes - $130.00
IV. Punch-Card - 20 Classes - $240.00
V. Group Unlimited - 12 Month Pre-Payment - $ 1,674.00
VI. Group Unlimited + 24hr - 12 Month Pre-Payment - $ 1,780.00
B. 24 Hour Access*
I. Group Unlimited w/24-hour access - $165.00/month
II. 24-Hour Access Only - $110.00/month
*24-hour access is limited to those approved by Health Spa and is contingent
upon meeting Health Spa requirements for access.
III. Access to health spa is granted via keycard. Initial keycard is included in
membership. There will be a $10 replacement keycard fee. Keycard return is required before membership cancellation will be completed.
Services under this Agreement will begin on the date Client signs this Agreement.
This Agreement automatically renews on a one (1) month basis. Membership
payments will be processed on renewal dates. Client understands that upon
signing this Agreement, Client is not entitled to any refund of any part of the
membership dues unless otherwise provided for in this Agreement.
Client may cancel this Agreement at any time by providing written notice to Health
Spa via email at the email address listed above. Memberships require a seven (7)
day notice of cancellation unless otherwise provided for in this Agreement. Any
regular payments scheduled within the seven (7) day cancellation window will
process.
Health Spa may cancel this Agreement at any time for any reason.
Clients may hold an automatic payment one (1) time per calendar year for at least
thirty (30) days. All membership payment holds will start on the date of the next
billing cycle. To do this, Health Spa requires Client to send written notice at least
seven (7) days in advance Client’s next billing date. Written notice must be
submitted to the email address listed above. No other form of hold request will be
accepted. Failure to notify Health Spa of the hold seven (7) days in advance of the
Client’s next billing date will result in no hold and Client will be automatically
changed as set forth in this Agreement. At the end of Client’s hold, payments will
automatically begin again.
Client may not cancel a membership while on hold. If Client wishes to cancel a
membership while on hold, the hold will be ended and Client’s seven (7) day notice
requirement will begin as set forth in this Agreement.
Special arrangements, repairs, and maintenance may make it necessary for the
Health Spa to restrict use of or close. Fees will not be reduced or suspended during
the time when the facility is not available.
Health Spa reserves the right to increase membership rates by two-five percent (2-5%) annually with notice to Client.
2. Automatic Payment Authorization
Client authorizes the Health Spa to transfer electronic funds on a recurring basis
from checking, savings, or credit/debit card accounts for Client’s Membership dues.
This authorization is to remain effective until Client has elected to terminate this
Agreement in accordance with the termination provisions outlined above.
3. General Policies
The undersigned Client understands and agrees to the following general policies:
A. If Client anticipates being more than 10 minutes late to a group class, Client
must contact the on-duty trainer. If Client is more than 20 minutes late to a
group class, the on-duty trainer has a right to deny entry to the group class.
B. Other Service Fees
All services (such as private training and semi private training) outside of
group classes are subject to additional hourly rates, monthly rates, and/or
specialty fees.
C. Registration and Cancellations
Clients are asked to pre-register each time they plan to attend a group class
at the Health Spa through the Health Spa’s online client management software
Health Spa may deny Client access to group classes if Client does not pre-
register as required. The Health Spa may either close or operate at reduced
hours on holidays. Business hours, policies, and regulations are subject to
change without notice and can be found on the Health Spa’s website and/or
client management software.
If Client is unable to attend a group class for which they have pre-registered,
they are required to cancel that registration at least one (1) hour in advance of
that group class’s start time. Failure to cancel any group class registration
outside one (1) hour, or failure to appear at a group class for which Client
registered, will result in a $10.00 fee. These cancellation requirements are no
exception policies.
If Client is sick, or experiencing any symptoms of illness, Client must cancel any
upcoming appointment immediately. Health Spa requires Client to be symptom
free two (2) days before returning to any exercise program. If a Client comes to
an appointment with symptoms of an illness, they will be sent home and
charged.
D. Participation Agreement
To ensure Client’s goal(s) are met, it is important to establish specific
guidelines. Working with us at our Health Spa is a relationship that requires the
effort of both parties. Below is a list of responsibilities that you as a Client are
required to uphold. It is important to understand that both parties share
responsibility in the training program’s final outcome.
1. I recognize the importance of maintaining open communication with my
trainer(s) and that feedback is critical to my personalized program.
2. I understand that I may be asked to perform additional exercises on my
own.
3. I understand that ultimately that I am responsible for obtaining my goals
and that what I do outside of the Health Spa can affect my overall health
and fitness.
4. I know that I am worth the effort it will require to reach and maintain my
health and fitness goal(s).
5. I understand that I must arrive at each session with a positive mindset and
prepared to focus on his/her program.
4. Attire
Shoes and clean clothing are mandatory. No bathing suits, Proper footwear must
be worn.
5. Conduct
The Health Spa is committed to the health, safety, and welfare of each of its clients
and staff and will not tolerate unreasonable, threatening, obscene, harassing,
indecent, or illegal behavior. The Health Spa has the right to judge behavior and
respond accordingly. This right includes, but is not limited to, termination of
membership of any client engaging in unacceptable behavior.
6. Children
Clients must be 18 years of age or older. Minors under the age of 18 must be
supervised at all times.
7. Damages
Client shall pay for any damages to the Health Spa’s property which results from
the willful or negligent conduct of Client, Client’s guest, or dependent children.
8. Lost Articles
Health Spa assumes no responsibility for lost or stolen articles. Lost and found
articles not claimed will be donated to charity.
9. Assignment of Agreement
Health Spa reserves full authority to sell, assign or transfer its right to receive
payment from Client at its discretion. Health Spa DOES NOT GIVE REFUNDS.
10. Upon cancellation of this Agreement, Client may, by email, request the return of
any and all information and material of personal or private nature that has been
acquired by Health Spa. All physical information or material will be returned to
Client via regular mail within thirty (30) days after the cancellation of this
Agreement.
11. This Agreement contains the entire agreement between the parties and
supersedes any prior written or oral agreements between them concerning the
subject matter of this Agreement. The provisions of this may be waived, altered,
amended or repealed, in whole or in part, only upon the prior written consent of all
parties.
12. Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each
party shall select one arbitrator and both arbitrators shall then select a third. The
third arbitrator so selected shall arbitrate said dispute. The arbitration shall be
governed by the rules of the American Arbitration Association then in force and
effect. Proper venue and jurisdiction shall be the State of Texas, Galveston County.
13. Client has read, and fully agrees to the terms of this Agreement and
understands and agrees that by signing this Agreement Client has given up
considerable future legal rights. Client has signed this Agreement freely,
voluntarily, under no duress or threat of duress, without inducement, promise or
guarantee being communicated to him/her.
NOTICE TO PURCHASER:
DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
ARTEMIS ATHLETICS FACILITY
139 BAY AREA BLVD
WEBSTER, TX, 77598
(281) 957-3568
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
ARTEMIS ATHLETICS FACILITY
139 BAY AREA BLVD
WEBSTER, TX, 77598
(281) 957-3568
AND
FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
ARTEMIS ATHLETICS FACILITY
139 BAY AREA BLVD
WEBSTER, TX, 77598
(281) 957-3568
