RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Group Fitness Classes. Personal Training, and Open Gym organized by Just Peachy Fitness LLC of 1400-A W Wade Hampton Blvd, Greer SC and/or use of the property, facilities and agree for myself and (if applicable) for the services of Just Peachy Fitness LLC.
I, {name}, agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Just Peachy Fitness LLC or the employees, representatives or agents of Just Peachy Fitness LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Just Peachy Fitness LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Just Peachy Fitness LLC whether caused by the fault of myself, my family. Just Peachy Fitness LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Just Peachy Fitness LLC against all claims, causes of action damages. judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Just Peachy Fitness LLC.
4. FEES. I agree to pay for all damages to the facilities of Just Peachy Fitness LLC caused by any negligent, reckless, or willful actions by me or my family. I agree to the recurring monthly payment as listed with my membership and credit packs.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under South Carolina law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Just Peachy Fitness LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them. explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against a particular party based upon their status as the drafter of a specified term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
24-Hour Access
Upon my 24-hour access grant, I agree that I will not share my bar code or membership ID with anyone or let anyone in the building during my time in the studio (alone or otherwise). I understand that my 24-hour access will be revoked and non-refunded upon the breaking of this agreement. I understand that in order to use the 24-hour access facility, I must enter my unique 4-6 digit code, not only for the 24-hour access system, but to provide data for Just Peachy Fitness LLC.
I understand that I am responsible and assume all risk with working out during staffed and non-staffed hours. I am responsible for turning off all fans, lights, and music if I am the last to leave during 24-hour access.
PARKING
Please note that Palmetto State Barbell's designated parking spaces are from our front doors to the fourth column (stripped paint on the side of said column). You are responsible for ensuring that you do not park further from that column. Palmetto State Barbell is not responsible for any cars towed past the fourth column from our front doors. However, our back lot (yard in front of the bay door) is open to our members to use at any time. Please refrain from parking in front of the church's doors.
Photography & Videography / Recording
Just Peachy Fitness LLC has the right to take any pictures they need/want to. They also have the right to use those pictures for marketing and promotional materials . By signing this agreement, you waive your rights to those photos. You can request copies of the photos for your keeping, but Just Peachy Fitness LLC can use them as they see fit.
Members have freedom to take photos and videos of themselves during their workouts at Just Peachy Fitness LLC. Members must refrain from recording or taking photos of other members without explicit permission from said members. Please try to keep the videos and photos focused on you and your workouts and avoid including other members in them without their permission. You may use Tripods and equipment to prop up your camera/phone as long as it is not in the direct way of other members.
Chalk & Baby Powder
No prohibited use of baby powder or chalk, but please refrain from applying baby powder inside the gym. During non-staffed hours, use the ACCESS DOOR and the outdoor area around it to apply baby powder.
Harassment Policy
At Palmetto State Barbell, we have a strict no-tolerance policy for harassment. We are an inclusive space, focused on strength. We will not tolerate harassment of any kind towards anyone. We have the right to terminate your membership upon any word of harassment.
DROP IN TERMS
Acknowledgement of Purchase
Through the purchase of PAYG, Day Passes, or Drop-in, I agree to participate voluntarily in a program of physical exercise, including, but not limited to, strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of Just Peachy Fitness LLC, their authorized agents, employees, contractors, and trainers. I agree that I am in complete control of my body and the equipment I use while in the Just Peachy Fitness LLC Facility.
I understand that this is a single purchase and that it does not recur automatically. This Day Pass is valid until the EOD of the scheuled appointment date.