Liability Release Waiver

I hereby agree to completely read and sign in agreement with this Liability Waiver, Zero Tolerance Policy, & 24 Hour Access Agreement form with Exceed Performance LLC. In consideration of my use of the exercise equipment and facilities provided by Exceed Performance LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustaining by me, or my guest(s) in, on, or about the premises, during an Exceed Performance ran event, in or outside of staffed hours, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest(s), and I hereby fully and forever release and discharge the claims, demands, damages, rights of actions, or causes of action, present or future, whether the same be known or unknown anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I expressly agree to indemnify and hold Exceed Performance LLC harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me and my guest(s). I agree to be solely responsible for the safety and well being of my guest(s) and myself. I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death. I understand and agree that the company is not responsible for any personal property that is lost, stolen, or damaged while in, or about the premises. I understand and agree that the company is not responsible for any illness and sickness(including Covid-19) that is sustained by my guest(s) and myself while in, or about the premises. I understand and agree that, in the case of any emergency, my given emergency contact will be contacted to inform them of my welfare. The emergency contact information will not be used for any other purpose. Each member signing this waiver will have their own unique access code to the facility, usable 24/7 unless otherwise notified. This 24 hour access is a privilege that can be revoked at any time. Members will have to be in compliance with the standard terms & conditions in addition to the new terms laid out below in this form. Management will generally give advance notice if the facility will be closed off to 24 hour access, but management reserves the right to close the facility without notice. I acknowledge that I have been given 24 hour access to this facility by Exceed Performance LLC. I acknowledge that Exceed Performance LLC is not liable for any harm, injury, or damages that occur to me. I acknowledge the risks of being in the facility during unstaffed hours and hold no one liable but myself for anything that should transpire. Members must be fully aware that they may not have any help or supervision except during staffed, operating hours. If any damages, conditions, or injuries occur during unstaffed hours, there likely will be no one present to provide assistance or call emergency services. I understand that only active members of Exceed Performance LLC can enter the premises with the 24 hour access. I understand that if I allow a nonmember into the facility, I will be liable for anything that happens to them and anything they do. I understand the repercussions if I do not abide by these guidelines.Sexual harassment will not be tolerated. This will invoke a termination of your membership immediately. Violence or physical altercations will not be tolerated. This will invoke a termination of your membership immediately. Exercising discrimination or prejudice towards another individual(s) will not be tolerated. This will invoke a termination of your membership immediately. Weapons or firearms will not be allowed on our premises. This will invoke a termination of your membership immediately. Drugs and any other illegal substances will not be allowed on our premises. This will invoke a termination of your membership immediately. Intentional damage of equipment and property will not be tolerated. This will invoke termination of your membership immediately and compensation will be sought. Intentionally choosing to not listen to any rules applied verbally or written on this property will result in being removed from the facility. Forgetting to lock the door on the way in or out during non-staffed hours can result in termination. Joining as a member or visiting on a day pass with the intention of “poaching” members to be coached by you can result in termination. Joining as a member or visiting on a day pass with the intention of anything other than just coming to exercise can result in termination.Members must enter their own access code to enter the facility. I acknowledge that if I am the last individual leaving the property of Exceed Performance LLC at 2060 S Euclid St Suite K, Anaheim,CA 92802 that I will do the following stated. I will close all entry doors accordingly to prevent any theft or suspicious activity to occur. I will turn down the volume of the ipad on my way out. I will turn off all light switches available to help lower electricity usage. I will also turn off all available fans to prevent any possible damages to the fan. I will close the Bay Door if I am the last individual out at the end of the business day. 

I hereby agree to completely read and sign in agreement with this 24 Hour Access Agreement & Liability Release form with Exceed Performance LLC.
Each member signing this waiver will have their own unique access code to the facility, usable 24/7 unless otherwise notified. This 24 hour access is a privilege that can be revoked at any time. Members will have to be in compliance with the standard terms & conditions in addition to the new terms laid out below in this form. Management will generally give advance notice if the facility will be closed off to 24 hour access, but management reserves the right to close the facility without notice.

Liability Release

I acknowledge that I have been given 24 hour access to this facility by Exceed Performance LLC. I acknowledge that Exceed Performance LLC is not liable for any harm, injury, or damages that occur to me. I acknowledge the risks of being in the facility during unstaffed hours and hold no one liable but myself for anything that should transpire. Members must be fully aware that they may not have any help or supervision except during staffed, operating hours. If any damages, conditions, or injuries occur during unstaffed hours, there likely will be no one present to provide assistance or call emergency services. I understand that only active members of Exceed Performance LLC can enter the premises with the 24 hour access. I understand that if I allow a nonmember into the facility, I will be liable for anything that happens to them and anything they do. I understand the repercussions if I do not abide by these guidelines.

Terms & Conditions

(check boxes below once you have read it)

Members must enter their own access code to enter the facility.
Members must never share their access code to another individual.
Members must never bring anyone into the facility who isn’t a current active member.
Members must maintain a high standard of cleanliness and put all equipment away correctly, without fail.
Members must operate equipment correctly and safely. Do not use equipment you do not know how to operate.
Members must FULLY close and lock the front entrance door on the way in/out of the facility to disallow tailgating.
Members must not let anyone who does not have an access code, i.e. anyone that cannot get past the door without assistance. DO NOT under any circumstances, let in any individual who attempts to open the door without using their access code. Referrals, guests, and friends who would like to come to the facility must inquire during operating hours. 
Members cannot open any other entrances/exits to the facility besides the main entrance.
Members must report any missing or damaged equipment. This is so management can fix or replace the equipment as soon as possible. This also prevents damaged equipment from potentially causing other members harm.
Members must report any suspicious or uninvited individuals. There is a consistent population of transients nearby; members must understand that this presence exists and they must be vigilant during unstaffed hours.
Energy drink purchases must be noted and recorded down on the order sheet on the reception desk counter. Billing will occur on the same or next business day.
Penalties and Consequences

(check boxes below once you have read it)

Consequences can include immediate termination of my membership, 24 hour privileges, and/or incurred fees.
Failure to record a drink/merch purchase will result in getting charged for the item(s) taken, in addition to a $10 fine.
 I understand that I will be charged a $100 fine if I decide to allow in another individual(tailgating) without notifying any staff at Exceed Performance LLC.
 I acknowledge that I will be charged for any missing or damaged equipment at retail prices without notice.
Legal action may be taken if damages and losses to Exceed Performance are intentional and/or considerable.

I acknowledge that I have been given 24 hour access to this facility by Exceed Performance LLC. I acknowledge that Exceed Performance LLC is not liable for any harm, injury, or damages that occur to me or anyone I may allow in, with or without permission of management. I acknowledge the risks of being in the facility during unstaffed hours and hold no one liable but myself for anything that should transpire. I understand that only active members of Exceed Performance LLC have the means and permissions needed to enter the premises during non-operating hours. I understand that if I bring a nonmember into the facility, I will be liable for anything that happens to them and anything they do. I understand the repercussions if I do not abide by these guidelines. I have read and fully understood the above, and I accept the terms.

 

All rules mentioned herein will apply to all members and guests alike.
The Facility

All references to ‘Exceed Performance’ refer to the company(Exceed Performance LLC), the facility, the management, the staff, and representatives. Exceed Performance’s facilities include the strength training floor and associated equipment, equipment on showcase, the water dispenser, and the restrooms.
Membership
Members of Exceed Performance are bound, as a condition of membership, to the rules set out below.

All memberships are non-transferable and non-refundable.

All members must be 18 years old or older and have proper identification on hand at all times.

Individuals between the age of 13 and 18 may be allowed membership if they are accompanied by or given written permission by a legal guardian who is at least 21 years old.

All members are expected to be respectful and courteous.

Exceed Performance is a private facility and its management reserves the right to refuse access to the facility to any individual without cause.

Management reserves the right to revoke an individual’s membership to the facility at any time, without cause, and without refund.

All individuals must check in at the front desk when entering the facility during staffed hours.

Entry and access to the training floor will only be allowed to members with an up-to-date membership. Unpaid, expired, or out-of-date memberships will not be allowed entry.

In the event of a breach of any rules and regulations at the premises, Exceed Performance reserves the right of admission and reserves the right to require any member or guest to leave the premises.
Payment
Upon the receipt of payment, the membership will be initiated.
Standard memberships will be a recurring monthly charge.
Membership fees will be debited from the given bank/debit card/credit card info on or around the initiation date each month.It is the member’s responsibility to ensure funds are available for membership fees at the time of each billing cycle.
Management reserves the right to deny membership privileges if dues are not collected.
Exceed Performance is not responsible for any fees incurred by an individual’s financial institution when attempting to collect dues.
Members will be able to cancel their membership by contacting management at any time and not be billed for future billing cycles. *Except when under contract for a specified length of time.
Cubbies
Cubbies are available in the lobby for members to store their belongings.
Medium to large sized bags should be kept in or near the cubbies, not on the training floor.
Management reserves the right to require individuals to move their belongings to either the cubby area or another space where said belongings will not present a tripping hazard.
Cubbies may not be used overnight; the storage space is only intended to allow for a place to keep larger items while individuals are training.
Exceed Performance cannot be held liable for any loss or theft of personal belongings that are left inside the cubbies or anywhere in the premises.
Hours of Operation
Management reserves the right to have the facility be temporarily made partially or completely inoperable to allow for necessary work or maintenance. Advanced notice may be given.
Management reserves the right to vary the operating hours of the facility. Advanced notice may be given.
Members and guests must adhere to the operating hours and plan to arrive/leave accordingly.
Management reserves the right to vacate the premises of individuals at closing time and bar entry prior to opening time if they do not have 24 hour access.
Members with 24 hour access will always have access. Notice may be given if otherwise.
Guests
Day pass, week pass, and visitor’s pass customers are considered temporary members or guests.
Day passes, week passes, and visitor’s passes are non-transferable and non-refundable.
Guests are obligated to follow the same rules, policies, and procedures as all other members at the facility.
The day pass begins at the time of purchase or scheduled and ends at midnight of that purchased day or intended day.

DAY PASSES ARE NOT 24 HOUR PASSES.

DAY PASSES DO NOT ROLL OVER INTO THE NEXT DAY.
Management reserves the right to end either of these temporary memberships prematurely if the guest is not compliant with the rules, policies, and procedures of the facility.
Nonmembers who are participating in an Exceed Performance event are considered as guests and are still subject to the same policies as any other individual.
Safety & Hygiene
Upon beginning a membership at Exceed Performance, the new member will go through a brief onboarding process that will explain the different pieces of equipment and how to use them safely.
It is the individual’s responsibility to learn how to use equipment properly before attempting to use said piece of equipment. Staff and management will always be available to assist and educate members on the usage of the equipment.
Injuries and damages caused by misuse of the facility’s equipment will be the responsibility of the member or guest(s). Members must use clips/collars to secure the plates when using a barbell. The bar catchers/safeties on the racks should be set to the correct height to protect the user in the case of a catastrophic failure when lifting.
Members are required to be conscious of their surroundings to ensure their own safety and the safety of others.
Members are liable for any injuries and damages caused to themselves and other individuals while they are on the premises.Members are advised to not come to the premises if they have reason to believe they are ill. Members who are clearly ill and present at the facility will be asked to leave.
Members are required to wipe down equipment after usage.
Masks may be worn on the premises to prevent spread of Covid-19 and other diseases.
Members and guest(s) are responsible for cleaning and picking up after themselves.
Management and staff reserve the right to require individuals to dispose of their trash and waste properly. Refusal to comply may result in having their membership revoked.
Members and guest(s) may not bring in any pets/animals without first receiving permission.
Members are advised to socially distance themselves from other individuals as much as reasonably possible due to prevent the spread of Covid-19 and other diseases.
Members may take a towel at the front counter to wipe themselves. These towels are not for wiping equipment. Towels must be returned to the hamper once they are done being used. There is a $5 charge for lost towels.
Management reserves the right to require members to leave the premises or to sanitize themselves if their hygiene is deemed to be below par and is distracting to other members.
Equipment
Members are advised to ask staff or management for help if they are unsure how to use a piece of equipment or what its purpose is.
Management reserves the right to remove members from certain pieces of equipment and direct them to a more appropriate piece of equipment for the member’s intended usage.
Members should only use the powerlifting competition equipment(combo racks, squat/power/deadlift bars) for the sport specific exercises: squat, bench press, and deadlift. The squat bars will be only used for squatting. The deadlift bars will only be used for deadlifting. Power bars will only be used for squatting, benching, deadlifting, and related accessory movements. Members should inquire with management if they are unsure.
Members will only use the weightlifting competition equipment(weightlifting bars, bumpers) for the purpose of the weightlifting specific exercises and related accessories.
Plates may be laid out on the lifting areas if they are in use; they would otherwise be left on the plate trees or plate caddies in their correct slots.
Members are only allowed to deadlift with iron plates on the powerlifting specific platforms.
Members are only allowed to drop bumper plates on the stall matted area and deadlift specific platforms.
Members are required to clean up their equipment after usage.
Members are discouraged from intentionally slamming weights.
Members cannot, at any time, drop iron weights from any height. Iron weights must be lowered with a reasonable amount of control.
Members cannot, at any time, throw dumbbells onto the floor.
Management reserves the right to ask a member to leave or have their membership revoked due to misuse of the equipment.
Members cannot, at any time, take the equipment out of their respective areas, unless advised or permissed to do so by management.
Members are required to compensate, based on market value, Exceed Performance for any damage caused to any of the equipment or facilities. Membership will be revoked otherwise.
Training Floor
Members may bring snacks and food items so long as they are consumed quickly and don’t pose as spillage/trip hazards or distractions(strong odors).
Members are required to keep liquid containers sealed when not in use.
All personal belongings must be organized and placed in a way to remove any trip hazard.
Members are advised to socially distance while on the training floor due to Covid-19.
Members are discouraged from screaming or yelling unnecessarily.
Members must always return items and equipment to their correct places after usage.
Management reserves the right to remove individuals,and potentially revoke their membership, from the training floor due to poor conduct.
Media
Management reserves the right to require individuals who are being disruptive with their photography or videography to discontinue their activities or to find a way to continue while not being disruptive.
Management will be publishing photos, and video of the facility to Exceed Performance’s various social media accounts and website.
All members must recognize that photography and videography will be conducted by both Exceed Performance and other members.
Members must recognize that they potentially may be photographed or videoed, either intentionally or unintentionally.
Any individual whose image or likeness that can be seen on official Exceed Performance media may ask to have their image or likeness removed from the material.
Lawful Use
No individual may copy, reproduce, republish, or otherwise use Exceed Performance’s content and likeness in any way except for noncommercial, personal uses. To use Exceed Performance and its facilities in any way for commercial purposes would require express permission from management.
All usage of Exceed Performance’s facilities and associated services will be for completely lawful purposes, and do not infringe or restrict the use or enjoyment of said facilities and services by any third party.