Release of Liability

Indemnification

Assumption of Risk

Gym Rules 

Buyer’s Notice and Right to Cancel 

I understand and expressly agree that my use of this Lifted Fitness facility involves the risk of injury to me or my guest whether it is caused by me or not. I understand that these risks are inherent in physical activity and my use of the facilities can range from minor injuries to major injuries, including death. In consideration of my participation in the activities and use of the facilities, exercise equipment, and services offered by Lifted Fitness, LLC and my guests, if applicable, I understand and voluntarily accept full responsibility on my behalf and on my guest’s behalf for the risk of injury or loss arising out of or related to my use or my guest’s use of the facilities including, without limitation, exercise equipment, and participation with other exercise programs or use of other services, equipment, and/or programs offered to members. I further agree that Lifted Fitness, LLC and their employees, managers, members, agents, and independent contractors of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn child, heirs or relatives resulting from the negligent conduction or omission of Lifted Fitness, LLC or anyone acting on their behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge Lifted Fitness, LLC from any and all claims, demands, injuries, damages, actions or causes of action related to my use or my guest’s use of the facility  (collectively, “Claims”) against Lifted Fitness, LLC or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless Lifted Fitness, LLC from and against any such Claims, including Claims made by my guests. I further understand and acknowledge that Lifted Fitness, LLC does not manufacture fitness or other equipment or products available in its facilities and therefore Lifted Fitness, LLC will not be held liable for defective equipment and or products. I understand that I am not obligated to sign this agreement and should not do so if I do not agree. I understand my right of cancellation and the billing and refund policies. I understand my release of liability, assumption or risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and ask questions related to my use of the facilities, exercise equipment and other equipment, as well as my participation in exercise programs or other services and/or programs offered to members. I agree to comply with Lifted Fitness, LLC’s membership policies and rules that may be communicated with me from time to time, whether in writing, electronically, through signage or verbally. Lifted Fitness, LLC, may, in its sole discretion, modify any policy or club rule at any time and from time to time with advance notice. LIfted Fitness, LLC reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership policy or rule.  

Membership Terms

Membership (plus applicable taxes) will be drafted from your account beginning on the effective date of membership. Membership minimum term is either 1 month, 6 months, or 12 months, determined by membership type. Membership will draft on the same date each month. If a different draft date is required, contact Lifted Fitness to adjust. Membership fees are due regardless of attendance to the facility.

All memberships (contracted and non-contracted) will be automatically renewed at the end of the membership term (1 month, 6 months, etc.) and drafted unless cancelled in person 30 days before the next withdrawal date. If renewed for next term without proper cancellation request, membership will renew for the same term as previously agreed. (i.e. six month contract will auto-renew as a six month contract if not given 30 day notice of cancellation and member will be entered into another contract).

Paid in full memberships will not be refunded for any reason.

Monthly memberships are considered paid in full and are not subject to refunds or pro-rated for any reason.

Daily passes and weekly passes are considered paid in full and are not subject to refunds or cancellations mid term.

Refunds will not be given under any circumstances, unless they have occurred in error on the part of Lifted Fitness.

Contracted Memberships

Contracted memberships will auto-renew at the end of the agreed upon term. If you have agreed to a contracted membership, you are financially responsible for the membership dues for the entire length of the contract. If you intend to cancel membership at the end of the term, 30 days notice must be given before the end of the contracted term, otherwise membership will auto-renew for the same length of time and you will be entered into a new contract.

Contracted memberships are not able to be canceled before the end of the contracted term for any reason. If the auto-drafted monthly payment is refused at any point (via stop-pay, expired card, new bank account, etc.) and cannot be collected, Lifted Fitness will attempt to draft the membership dues for the remainder of the contract length. Each attempt to draft will result in $3.50 fee. If the remainder of the membership dues still are unable to be collected, the remaining balance will be sent to Collections.

Membership Cancellations

Contracted memberships are not subject to cancellation within the agreed upon term for any reason. If you do not want to auto-renew your contracted membership, cancellation must be requested 30 days before the renewal date of the contract. If contact is not made before 30 days before end of term, the contracted will be continued for another term. Lifted Fitness is not responsible for reminding members about end of contract dates.

In order to cancel ANY membership -a contracted membership (at the end of the term) or non-contracted membership- Lifted Fitness must receive in-person notification and receive a signature on cancellation documents 30 days before the billing of the next month's membership. In-person notification must be given during staffed business hours. If cancellation request is not received 30 days before next auto-draft date, next membership fee is still owed and will be drafted. You will still have access to the facility until the final cancellation date. (I.E. if auto draft date= July 3rd. Cancellation requested on June 17th. July 3rd is still owed and will draft. Cancellation would be effective August 3rd and you will have access to facility until august 3rd).

Holds

Memberships are not subject to "holds" due to travel, vacation, illness, or any other circumstances. If you do not intend to use your membership for a specified or non-specified amount of time, you will need to cancel your membership and re-apply for a membership upon return. 30 day notice of cancellation still applies.

Banking

If you provide Lifted Fitness with a method of payment, you authorize us to charge any amounts you may owe including, but not limited to, any membership related obligations (including contracted memberships), retail transactions, and/or online purchases to any form of payment which you have provided.

If payment is declined for any reason (new or lost cc, new bank account info, etc.) and Lifted Fitness has to attempt to draft your membership again, you will be charged an additional $3.50 per attempt.

If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with the terms of this agreement (whether or not we have obtained a new expiration date).

If unable to obtain required information, your membership will be canceled until account information is updated and payment is collected.

In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us and a service fee will be applied for each instance we submit/re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or canceled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectible.

Fitness Disclaimer

Fitness and Exercise Disclaimer

All video tutorials, fitness programs, and/or nutritional information provided by Lifted Fitness is for educational purposes only. This information does not replace professional medical advice, diagnosis, or treatment. Do not disregard, avoid, or delay obtaining medical or health advice from your healthcare professional because of any programs, tutorials, and/or nutritional information you may have obtained from Lifted Fitness. The use of any information, programs, or exercises provided by Lifted Fitness is solely at your own risk.

You should understand that participating in any exercise or exercise program carries the possibility of physical injury. You should be in good physical condition and able to participate in the exercise. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself.

Injuries of all types can occur when participating in exercise, physical fitness and training programs, hence Lifted Fitness strongly encourages all members to obtain a comprehensive physical examination by a licensed physician PRIOR to undertaking any exercise or training demonstrated by Lifted Fitness and/or any videos, MP4s, MP3s, and exercise programs offered as part of your membership.

Lifted Fitness Policies

Membership

Membership is open to anyone 18 years of age or older. .

Those between the ages of 13 and 17 must be accompanied by an adult at the time of joining.

Any member under the age of 16 must have an adult guardian present with them at all times when using the facility.

Parents/Guardians must sign membership agreements and legal waivers for all minors to use the facility.

We do not provide child care services. Minors/children are not allowed to be left unattended while a parent or guardian is working out.

Minors under the age of 13 may not use the facility or be on the gym floor unless the minor is participating in a specified approved Youth Program associated with the facility.

Should a member and/or minor fail to follow any of the facility rules, Lifted Fitness reserves the right to revoke any permission for member and/or minor to access the facility or restrict or prohibit access to the facility at any time for any reason.

All liability waivers and membership agreements signed by parents/guardians on a family plan also apply to all minors on the family plan. Parents/guardians take complete responsibility for actions and safety of all minors on their joint membership.

Gym Use

Gym use is restricted to:

Members

Non-members who have paid a day or weekly fee

Non-member fitness class attendees are only allowed to use the classroom, lockers, and restrooms. If class attendees are interested in using the gym facilities outside of the classroom, they must sign all waivers and purchase a day or weekly pass.

Check In

Paying members will gain access to the front door during all open hours of the facility via 1) the GymMaster app using bluetooth or 2) a physical Fob purchased separately from membership at sign up. Members will be automatically checked in to the system when the app or Fob is used to gain access to the facility.

Fobs and apps are to be used by paying members only and are not to be shared with guests or other non-members. 24/7 surveillance cameras are present at the door. If members are caught sharing their Fob or app with others, a visitor day pass will be charged, along with a penalty of $25. Membership will also be subject to termination with no refund and no prorated return of any prepaid fees.

Membership Cancellation

All membership cancellations must be requested in person during staffed business hours. Cancellation process will not begin until cancellation form is signed.

Daily passes, weekly passes, and monthly memberships are considered Paid in Full and will not be refunded in any way if canceled before the end of the term.

Refer to your membership agreement (above) for cancellation fees specific to your membership type.

Note: The following sentence refers to the billing process and refund process. All memberships are required to give 30 days notice of cancellation.

It may take up to 7 business days for billing changes to take effect. If you give proper notice of cancellation and your membership is still drafted, it may be due to this billing process. Please contact LF if this occurs.

The following scenarios will be allowed to put their membership on hold for a maximum of 90 days without penalties, as long as the account is in good standing and at least 10 days notice is given before the next membership fee draft date.

Medical disability- must provide verification from physician stating that disability prevents use of facility

Active duty military transfer- must provide copy of transfer, deployment or extended assignment orders

Reasons other than those listed above may be evaluated on a case-by-case basis and may be approved or denied at our discretion.

Guest Policy

Guests are welcome, but must purchase a daily or weekly pass and sign a separate liability waiver than current member. You may NOT bring a guest without informing Rachelle/Lifted Fitness. Guests must be 18 years or older. If a guest is between the ages of 13 and 17, they must meet with the owner/operator of Lifted Fitness to gain approval.

Daily and weekly passes are available to non-members for the use of the gym for one day or one week, respectively. This fee is paid in full and non-refundable. This pass allows potential members to try the facility before committing to a membership.

Day/weekly pass guests must be 18 years of age or older. Individuals under the age of 18 may not purchase a pass, even with parental consent.

Guests will receive temporary access to the gym door for either one day or one week through the GymMaster application.

Gym Etiquette

Please respect the personal space of others, keep the equipment in the designated areas, and share the equipment when between sets.

Please wipe down all equipment when finished and return all weights and other items to their designated areas.

Time limit restrictions have not been set on equipment, but we ask that members be courteous with their usage of gym equipment so that we can ensure that all members have access to all equipment during their visit. If there is a conflict over use of equipment, please notify the owner/operator of Lifted Fitness as soon as possible.

Please follow instructions on any signage or posted rules, as they are posted to help ensure your health and safety.

If you have questions about the proper use of any gym equipment, please ask for guidance. We offer instructional classes for all gym members, so please take advantage of this service. If you are unsure how to use a machine, please ask for assistance. We want to make sure all members have the opportunity to confidently operate every piece of equipment in the gym without causing injury to members or damage to equipment.

Facilities are for private use of members only and not open to the public. No solicitation is allowed. This includes, but is not limited to: solicitation for profit, political purposes, use of petitions, distributing leaflets, advertising anywhere in the club facility other than designated areas, or leaving leaflets or papers in the facility.

Gym Attire

Clothing that may present health or safety hazards or damage to equipment are not allowed. This includes, but is not limited to:

Open toed shoes or sandals

Jeans or pants with prominent grommets/zippers

Members must wear a top for sanitary purposes. No bare chests are allowed. Acceptable tops include, but are not limited to:

Cropped tops

Sports bras

Stringers

Tank tops/racer back tops

Cut off tees

All water bottles/jugs are allowed. We ask that any spills be cleaned up as soon as possible. Please ask a team member for assistance if needed.

In order to avoid tripping hazards, personal belongings must be kept in lockers or in cubbies away from the gym floor.

Personal Belongings

Lockers and cubbies/storage cubes are provided for member use while at the facility. Lockers/storage cubes are available to all members and are used at the member's own risk.

Lockers do not have the ability to be locked. All valuables must be kept on your person or left outside of the facility. Lockers are to be used at members' own discretion. Lifted Fitness is not responsible for any lost or stolen items. Lockers are for member use while in the facility only. Personal items may not be left in a locker.

Lifted Fitness is not responsible for loss or damage to any personal belongings anywhere on the premises. This includes, but is not limited to, personal belongings and vehicles.

Prohibited Items/Activities

No alcohol, drugs, or smoking in the facility or on the premises.

No weapons of any kind are permitted in the facility or on the premises.

Please limit the consumption of food and beverages on the gym floor in order to keep a clean space. We have a designated kitchen and waiting area for consumption of food.

Surveillance

Every room in the facility, excluding restrooms, is monitored and recorded 24/7 via video surveillance.

Staffing

Lifted Fitness has limited staffed hours. All members must adhere to all policies and procedures at all times, whether staff are present or not. Violation of policies and procedures will face penalties and/or termination of membership. See "violation of policies and procedures".

If staff member assistance is required and staff is not present, member must either:

Send a text, email, or place a phone call to owner/operator. Information is posted in the facility.

If an emergency is taking place, members are required to call Emergency Services as soon as possible.

Owner/operator must be contacted after emergency scenario at earliest opportunity

Fitness Classes

Fitness classes are hosted by Lifted Fitness and its facility, but each class is instructed by an independent contractor. The class instructor is not employed by Lifted Fitness and is not directly associated with Lifted Fitness, LLC, or its owners.

Every class attendee MUST sign Lifted Fitness' liability waiver in order to attend any fitness class that occurs in the facility, as well as any other waiver the instructor requires.

Class attendees are not required to be members of Lifted Fitness in order to attend class, but non-member class attendees may NOT use the gym facilities other than the classroom, locker/waiting areas, and restrooms. If a non-member gym attendee uses the gym facility in any other capacity, they may be banned from entering the facility in any capacity in the future.

Each instructor may have his or own policies and procedures, as well as separate waivers and/or agreements. All policies, both those of the instructor and Lifted Fitness, must be adhered to at all times.

Discrimination and Harassment

We do not tolerate discrimination or harassment of any person on its premises on the basis of race, national origin, ancestry, color, creed, relation, sex, sexual orientation, gender, gender identity, age, disability, or any other basis protected by law. All members have access to restroom facilities that correspond to their self-reported gender identity to the extent permitted by law.

We do not tolerate verbal or physical harassment of any member or team member for any reason. If any member experiences harassment, it should be reported to the owner as soon as possible.

Miscellaneous

Towels are not provided. Carrying a workout towel is recommended.

Violation of Policies or Rules

If any member or guest violates any policy or rule, Lifted Fitness reserves the right to ask the member to stop or leave. Violation may also cause termination of membership and/or other agreements.

Damage to equipment

Damage due to horseplay/negligence

Any questions related to the policies should be directed to Rachelle Cheatham, owner and operator of Lifted Fitness, LLC. Lifted Fitness reserves the right to modify any policy or rule at any time at its discretion, with or without prior notice.

Any questions related to the policies should be directed to Rachelle Cheatham, owner and operator of Lifted Fitness, LLC. Lifted Fitness reserves the right to modify any policy or rule at any time at its discretion, with or without prior notice.

If policies are not adhered to, Lifted Fitness reserves the right to terminate membership at its discretion.  

Personal Training Information and Policies 

1. Commitment: 

   2. All personal training clients- in-person or hybrid clients are committed to a 3 month minimum contract with the trainer. 

      1. Hybrid clients: this 3 month minimum does NOT include the first 4 in-person introductory sessions for hybrid clients. The 3 month contract begins when the first 4 weeks of the hybrid program has begun (program weeks 1-12). 

      2. In-person clients: 3 month contract begins on the first day of training. Assessment sessions/consultations are not included in 3 month contract.  

   3. By purchasing sessions, the client is making a commitment to his/her health. Clients should follow the program and instructions of the trainer to the best of their ability to maximize their results and better achieve their goals. Trainer will show the client how to work their muscles correctly and encourage him/her to go to his/her safe limit, but the client is the only one who can make sure he/she works out consistently, eats properly, gets plenty of sleep, and lives a healthy lifestyle. 

   4. Goals will be assessed and adjusted frequently .Client’s ultimate results are determined by their commitment to the program and lifestyle change both inside and outside of the training facility.

2. Specifics: Trainer and client shall agree upon the program frequency, duration, location and time of personal training sessions at the rate and location agreed upon.

   2. Client must sign waiver/release of liability, PAR-Q questionnaire, and health history questionnaire prior to any training services.  

   3. Client is responsible for informing trainer of any changes to their physical or mental health and/or medications as soon as they are made aware. 

3. Length of Sessions: Sessions will last approximately 60 minutes, including the warm-up and cool-down portion. Trainer and client may agree to vary the length of sessions, adhering to agreed upon rate. 

4. Punctuality: Client shall be dressed and ready to train at agreed upon time. Failure to be prepared to train may result in a shortened workout or a possible cancellation of the session if client is more than fifteen (15) minutes late. If a client anticipates running late, he/she should contact the trainer as soon as possible. 

   2. Client agrees to pay entirely for a particular time slot, not a particular number of minutes trained. (i.e. if time agreed upon is 12-1 pm and client arrives 10 minutes late, client will only receive services for the remainder of the time slot- 50 minutes- but will be responsible for the entire hour's payment)

5. Attire: client must wear comfortable workout attire including, but not limited to, t-shirts, shorts, tights, sweats, and/or tracksuits. Athletic shoes must be supportive and functional. No open toed shoes or sandals permitted. 

6. Stopping exercises: Client may refuse or stop any exercise for any reason. It is the client’s responsibility to notify the trainer of any discomfort or pain arising from or during exercise, as well as any and all other known limitations the client has so that trainer may accommodate the client and substitute another exercise to work that particular muscle group.

7. Payment: All one-on-one in-person and hybrid client session payments must be made in advance of sessions, at a minimum of one week in advance. All personal training services, including group classes, are billed separately from all other services and are not included with gym membership.

   2. In order to receive small group discount and reserve spot, small group clients will pay in advance, four weeks at a time. 

      1. Small group class is billed every 4 weeks and class fee adjusted in four week increments based on attendance at that time. 

      2. Clients may join small group classes after start date, but rate is locked in based on number in attendance at start of each four week increment. 

         1. Late enrolled clients will pay pro-rated amount for weeks remaining in the billing cycle, but will pay rate associated with class attendance before enrollment. (Example: 2 clients in small group at beginning of program, each client pays group rate for 2 attendees for first four weeks. Third client joins week two, but will pay rate based on 2 person attendance for the remaining 3 weeks. After  four weeks, class attendance would be reassessed at 3, so all clients would pay the group rate for 3 attendees for the following four weeks, etc.)

   3.  Hourly rate applies for any in-person services, including initial consultation. 

a. Payment is currently accepted via cash, Paypal, Cashapp, Credit/Debit card, and ACH. Credit/Debit and ACH will be charged processing fees. 

b. See services/rates tab on website for rate details. 

8. Cancellation of Individual Sessions: A 72 hour cancellation notice is required for rescheduling or canceling any and all sessions for both one-on-one in-person clients and hybrid clients. Separate policies apply to small group clients. 

   1. Refunds will not be given, but pre-paid sessions may be rescheduled at an agreed upon time between client and trainer. If the pre-paid session cannot be rescheduled within a reasonable amount of time, left to the discretion of trainer, the client will forfeit the fee for the aforementioned training session.  

   2. Any session cancellation with less than 72 hours notice will result in a complete forfeiture of the session with no option to reschedule. If the trainer must cancel a session, she will do so with at least 72 hours notice or the client will not be charged for the missed session. 

   3. If client wishes to cancel all sessions for any week (due to vacation, work travel, etc.) then client is required to give one week advanced notice in order to avoid being charged. 

      1. If client does not give one week’s notice for the cancellation of an entire week’s sessions, then client is responsible for half of the entire weekly fee. 

         1. This policy will also be applied if client cancels more than one session per any one calendar week for reasons other than illness or emergencies. 

         2. Note: the above policy is implemented so that if  a client must cancel several sessions, the trainer will have adequate time to arrange her schedule in order to meet business goals. 

   4. Small group training cancellations are non-refundable and/or transferable. 

      1. Small group clients have paid to reserve their spot in the small group class, regardless of attendance. 

         1. Small group clients have committed to the small group training program/services at specific times/dates, which will be unable to be rescheduled on an individual basis, regardless of reason. 

         2. Refer to full cancellation/refunds section below in regards to cancellation of any pre-paid sessions. 

9. Cancellations/Refunds:

   1. Refunds will not be given for any reason.

   2. If for any medical reason client is no longer able to complete pre-paid training sessions, client will receive a full refund for outstanding sessions.

   3. Partial or full refunds for any other reason are left to the discretion of trainer. 

10. Relocation: Should client be unwilling or unable to complete sessions at the agreed upon location(s), trainer may cancel any and all remaining sessions.

11. "Hybrid" clients only: 

    1. Initial fee of $150 includes: 

       1. Four (4) one hour in-person sessions in order to assess and instruct

    2. All four in person session fees ($150) are due before the end of the first session.

    3. Monthly fee of $150 includes: 

       1. 4 week customized plan: 2 or 3 day/week program (appropriate to client)

       2. mandatory once/week 30 minute in-person OR virtual check-in

          1. client must adhere to mandatory check-ins or he/she will forfeit agreement and face possible termination 

    4. Client is responsible for communicating with trainer very thoroughly - including any discomfort or any health changes-  at each check-in so that trainer can adjust and/or modify program if needed. 

    5. Client is responsible for performing any and all exercises safely and properly, including properly using exercise equipment, in order to avoid any injury. Client is responsible for contacting trainer with any questions regarding proper safety before using equipment if unfamiliar. 

    6. Refunds will not be given to "hybrid" clients under any circumstances. Once the monthly fee has been paid and client has gained access to program, any monies exchanged will be final. 

    7. If "hybrid" client has been terminated or has chosen to no longer move forward with trainer, client will retain access to any previously purchased programs. 

    8. "Hybrid" client is responsible for completing customized program on their own time.

       1. Programs are created to provide sufficient workouts over a four week period. Programs are then updated based on client progression. 

       2. Subsequent programs may be purchased in four week increments. 

       3. The programs are rewritten/modified every four weeks. The four week time period is not flexible. The four week time table will remain the same, regardless of whether or not client has completed all sessions. (Example- started four week program on July 1st, but failed to execute week 3 due to life conflicts. The week will still "count" as week 3 and the following week will continue as week 4).