Peak Performance Wellness Center, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
I, (hereafter referred to as “Client”) desire to use the facilities, equipment, activities and services (collectively referred to as “Services”) of PEAK PERFORMANCE WELLNESS CENTER, LLC (hereafter referred to as “PEAK”). In consideration for using PEAK facilities, equipment and services, Client agrees to the following terms and conditions. Any Client under the age of 18 years of age may not use the Services unless a parent or legal guardian has also signed this release form. Any Client under the age of16 years of age must be accompanied by a parent or legal guardian when using the Services of PEAK.
IN CONSIDERATION of being permitted to participate, in any way, in PEAK PERFORMANCE WELLNESS CENTER, LLC Services, I, on behalf of myself, for personal representatives, assigns, heirs, and next of kin, agree as follows:
1. I ACKNOWLEDGE, agree, and represent that I understand the nature of such activities and Services and that I am qualified, in good health, and in proper physical condition, including the absence of any skin conditions that may react to the Services provided by PEAK or its representatives, and have consulted with a physician who approves Client’s use of PEAK and its related Services, including without limitation, the infrared sauna and vitamin D bed.
Client’s with the following conditions are at high risk of injury and should not use the Services:
Infrared Sauna: Pregnant or nursing women; Hemophiliacs; Advanced symptomatic heart disease, unstable angina, or severe adrenal suppression; Taking prescription or over the counter medication (without physician’s writtenauthorization).
Vitamin D Bed: Pregnant or nursing women; Photosensitivity; Herpes Simplex; Lupus Erythematosoyus; Porphyria-severe; Vitiligo; Skin cancers; Never use without proper eye protection; Taking prescription or over the counter medication (without physician’s written authorization).
2. I understand that PEAK does not dispense medical advice or prescribe treatment, rather PEAK provides education and coaching to enhance my knowledge of health and fitness. I acknowledge that I should discuss any dietary changes, use of dietary supplements and fitness recommendations with my physician and that I should not discontinue any prescription medication without first consulting my physician. I acknowledge that any advice or coaching I receive is in no way intended to be construed as medical advice or care. I expressly assume the risks of lifestyle/health coaching.
3. I agree to follow all guidelines, instructions and tips posted throughout PEAK’s facilities regarding safety and or the use of Services.
4. I agree that before I use any of PEAK’s Services that I will examine the facilities and/or equipment and to determine whether it is in proper working order. In the event that I determine that anything relating to the facilities and/or equipment is unsafe, I will immediately advise and inform PEAK of the unsafe condition and I will not use the facility and/or equipment until such conditions are corrected and made safe for use by Client.
5. I further acknowledge that there are potentially dangerous conditions that are present at PEAK, including without limitation, extreme heat, and slippery surfaces and floors.
6. I FULLY UNDERSTAND THAT: (a) PEAK SERVICES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("Risks"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Service, the condition in which the Services takes place, the equipment used in the Service, the facilities, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur, as a result of my participation or that of the minor in the Service. PEAK does not endorse, nor shall PEAK be liable for, any instructors, tenants, or other individuals who utilize, contract with, or otherwise are present at, PEAK or PEAK facilities.
7. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE PEAK, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Services takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE ACTION, INACTION OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost, which may incur as the result of such claim.
8. I acknowledge that PEAK has the right to refuse service and the use of the facilities/Services to any person whose conduct is harassing, offensive, inappropriate or is an unreasonable disturbance to other clients, guests, vendors, employees, agents,and/or contractors, and that any such conduct shall result in the Client’s expulsion and termination of the use of PEAK and it related Services, without refund of moneys advanced for such use and services.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, AND AGREE THAT, IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE, IF PARTICIPANT UNDER AGE OF 18
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF PEAK SERVICES AND THE MINOR’S EXPERIENCE AND CAPABILITIES, AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH SERVICES. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, AND SAVE AND HOLD HARMLESS, EACH OF THE RELEASEES FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE ACTION, INACTION OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENT RESCUE OPERATION, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST, ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
PARTICIPANT & POLICY AGREEMENT
This Participant & Policy Agreement (“Agreement’) is entered into between Peak Performance Wellness Center, LLC (“Peak”) and the Participant(s) listed in the Peak Account. Participant Acknowledges and agrees:
The 1-1 session, small group training, class or membership (“Activity”) includes the items listed on the website and receipt.
Personal Training Packages, Boot Camp memberships, Infrared Sauna and Vitamin D bed memberships are valid for 1 month from the date of purchase and are subject to the Refund Policy below.
Refund must be requested in writing within 30 days of purchase.
I also understand that PEAK does enforce a cancellation policy for appointments. I must provide at least 24 hour notification of cancellation to get a full credit on all PEAK SERVICES. If I do not give 24 hour notice, fees will be collected for these services at full rate. I will receive a complete credit, if proper notice is provided.
Inclement Weather Policy:
In the event of inclement weather/hazardous conditions, Peak will follow the Stillwater Public School District closings. If S Stillwater Public Schools and or activities are closed or canceled, Peak will be closed. If inclement weather starts in the afternoon, the facility may close at the discretion of Management. All scheduled appointments will be rescheduled.
Additional Rules and Regulations:
1-1 appointments and boot camp sessions may only be used by the individual who purchased the membership or package.
All non-participants must stay out of the training area. No parents or non-participating children are permitted in the training area at any time.
Participants must behave at all times in an appropriate manner. Anyone who fails to display good sportsmanship or acts in any manner that Peak deems inappropriate will be removed from premises. Repeated unacceptable behavior may result in cancellation of membership and be banned from Peak facilities and events.
Peak reserves the right to cancel this Participant Agreement at any time with or without cause. If the Agreement is canceled without cause, the Participant will receive a prorated refund.
This Agreement is entered into and shall be interpreted under the laws of the State of Oklahoma without regard to its conflict of laws provisions. The provisions of the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT are incorporated into this Agreement by reference.
For the purposes of this Agreement, purchasers of packages are considered Participants but are only entitled to utilize the facilities for the package purchased.
Refund must be requested in writing within 30 days of purchase.