Please postpone engaging in OTF classes if you feel unwell due to illness, such as a cold or fever.
IMPORTANT INFORMATION
If you’ve answered YES to one or more Physical Activity Readiness questions above, OTF recommends that BEFORE you participate in any OTF classes, you consult with your physician or healthcare provider to determine if it is safe for you to do so. If you’ve answered NO to all Physical Activity Readiness questions above, OTF shall operate under the impression that you have done so with full knowledge of your physical readiness and ability to participate in OTF classes, including any coach-led, heart rate based, high-intensity interval workouts which OTF provides. In the event your health status changes after you’ve consulted with your physician (or at any time during your OTF membership), so that your answer to any of the Physical Activity Readiness questions becomes YES, please notify a staff member of the Studio (and any other OTF studios at which you sign up for a workout or purchase class sessions) before participation in any OTF classes.
To promote your safety when participating in OTF classes, please carefully review and abide by the following guidelines: (i) ensure you are comfortable with the fitness equipment located within the Studio; (ii) adjust your intensity levels as needed according to your rate of perceived exertion or by paying attention to your heart rate zones on OTbeat monitors when utilized; and (iii) always follow the coach’s instructions and use modifications provided by the coach as needed.
Assumption of Risk, Release, Waiver of Liability, and Indemnification: We urge you and all clients to obtain a physical examination from a physician prior to initiating any exercise program. OTF classes are not designed for individuals with known heart disease with or without functional impairment. The information we provide to you does not constitute medical advice. The term “class” as used herein refers to any in studio, outdoor, online, or other fitness class or physical activity provided by us or any other OTF studio. You acknowledge and agree that: (1) it is your responsibility to disclose any medical condition or medication that could limit or prevent you from performing physical activity or any medical symptoms or issues that arise during any class; (2) we may require you to provide written physician approval before you may use any of our equipment and/or participate in any class; and (3) you may discontinue participation in class at any time. Further, you understand and agree that (a) there is a risk of injury associated with participation in any physical activity; (b) there exists the possibility for certain negative conditions occurring during or following physical activity; (c) prior to beginning any online class provided by us, you are solely responsible for creating and maintaining a safe and open area around you clear of any potential hazards; and (d) your registration for classes is limited to your individual participation only. By signing this agreement, you acknowledge and voluntarily accept these risks and responsibilities which include risk of injury to your person or property resulting from participation in any class or services provided by us or another OTF studio and agree to be responsible and liable for participation by another individual who may gain access to class through you including, without limitation, injury or damage to such individual’s person or property. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, OTF Franchisor, LLC, (the “Franchisor”), the Franchisor Parties (defined herein), any other OTF studio, any owner of any other OTF studio you may visit, and any of our or their respective affiliates, successors, assigns, agents, representatives, and employees, from liability for any injury, claim, cause of action, suit, demand, and damages (including, without limitation, personal, bodily, or mental injury, property damage, economic loss, consequential damages, and punitive damages), arising from or related to: (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your presence on or near the premises of any OTF studio; (3) your participation in any OTF class (whether in studio, outdoors, online or otherwise) or use of any equipment at any OTF studio; and/or (4) any negligence on our part (including our employees) or on the part of any employee at any other OTF studio. You further expressly agree that this Assumption of Risk, Release, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as permitted by law and, if you are signing this Release in California, that you are aware of Section 1542 of the California Civil Code, and that you expressly agree to waive the protections, rights, and benefits you may have under Section 1542 relating to this Assumption of Risk, Release, Waiver of Liability, and Indemnification. Section 1542 states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You expressly agree that if any portion of this Assumption of Risk, Release, Waiver of Liability, and Indemnification is held invalid, the balance shall be valid and continue in full legal force and effect. These provisions are binding on you, your estate, family, heirs, administrators, personal representatives, and assigns.
Use of Personal Information, Image, Likeness, and/or Voice: We may photograph, record on audio or video, or otherwise record OTF classes or member use of the Studio. In exchange for your use of the Studio or your participation in any OTF class (whether in studio, outdoors, online or otherwise), you understand, acknowledge, and agree that you may be photographed, recorded on audio or video, or otherwise recorded and hereby agree and consent for all purposes to the sale, reproduction, and/or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, any OTF studio, the Franchisor (defined herein), the Franchisor Parties (defined herein), and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art, and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your likeness and/or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, and graphics, and hereby waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. You further agree that the Studio, any other OTF studio, the Franchisor (defined herein), and/or the Franchisor Parties (defined herein), may use any information gathered in this form or through your use of the Studio or participation in any OTF class, provided the information does not personally identify you or provide facts that could lead to your identification, for any purpose, including without limitation research, product and program improvements, and statistical purposes. You agree to hold harmless and indemnify the Studio, any other OTF studio, the Franchisor (defined herein), and the Franchisor Parties (defined herein), from and against any and all liability, damage, loss, and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.
Authorization for Phone Calls and Text Messages: By providing your phone number above and signing below, you consent to and authorize the Studio, the Franchisor, the Franchisor Parties (defined herein), and/or their agents to call or send you text messages to the number you provide regarding (1) class reminders, waitlists, account balances, and/or transactions, and (2) OTF promotions or advertising. You acknowledge that these calls or text messages may be sent via auto dialer, and that standard message and data rates may apply. You are not required to authorize calls or text messages to become an OTF member, and you may opt-out at any time by request if called or by replying “STOP” in response to a message.
You acknowledge and agree that neither the Franchisor, nor any of Franchisor’s past, present, or future subsidiaries, successors, assigns, or affiliates including Ultimate Fitness Group, LLC, or their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, investors, attorneys, employees, or representatives (collectively, the “Franchisor Parties”), is a party to this agreement. You understand and agree that the Franchisor Parties are not responsible for any acts or omissions related in any way to this agreement, the goods or services provided to you hereunder, or for any act or omission by us or any other OTF studio or any employee, agent, or representative of any OTF studio.
I have read, understand, and agree to comply in full with the terms and conditions stated above and in the Rules and Policies document for Studio and agree that the information I have provided above may be shared with other OTF studios that I may visit, the Franchisor, and the Franchisor Parties. I acknowledge that I have received a copy of this Release and the Rules and Polices document and have had sufficient time to read them.