The following are the terms of an agreement (“Terms of Use”) between you (the user) and GetTrained, Inc. doing business as SPLITFIT (“SPLITFIT” or “us” or “we”). By clicking “I Agree” and/or by accessing SPLITFIT’s website located at www.SPLITFIT.com (the “Website”) or SPLITFIT’s mobile application (the “App”), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our Website or App. Agreeing to these Terms of Use means that you agree to important provisions restricting users, such as limits on our liability and mandatory waivers of rights to a jury trial and of class action remedies (including without limitation the provisions set forth in ALL CAPS below).

We reserve the right to revise and update these Terms of Use and any other information contained on the Website or App at any time, without prior notice to users. Your continued use of the Website and App after such changes constitutes your acceptance of and agreement to these changes.

In addition to these Terms of Use, please review our Privacy Policy, which outlines our practices handling Personal Information you provide to us. Our Privacy Policy is incorporated by reference herein and is available on our website www.SPLITFIT.com

Types of Users

Our Website and App allows users a convenient way to subscribe for personal training services in select geographic markets. Our services likewise allow gyms and fitness facilities to make personal training sessions more widely available.

By consenting to these Terms of Use and using our Website and App, you represent that you are at least 18 years of age; that you have attained the age of majority in the province, state, or country in which you reside; and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, and representations set forth in these Terms of Use.

If you are using or establishing a user account on behalf of a company, entity, or organization (a “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with full power and authority to bind such organization to these Terms of Use; and that the Subscribing Organization does agree to be bound by these terms.

Use of Our Sites

SPLITFIT grants you non-exclusive, non-transferable, limited permission to access and display our Website and App, subject to your continued compliance with these Terms of Use. The right to use our Website and App is personal to you; and you agree not to sell, lease, or otherwise transfer any right to use our Website or App nor shall you permit any such transfer to occur, either directly, indirectly or contingently, by agreement or operation of law. The use authorized under this agreement is non-commercial in nature. All other use of our Website and App is prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any research, reports, resources, or other materials or information (including but not limited to all software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), you access on or through our Website or App (the “Content”).

By accessing, viewing, and using the Website or App, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound by them.

Accessing the Website and App

We reserve the right to withdraw or amend the Website and App, and any service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, to users, including registered users.

You are responsible for:

  • All activity occurring under your user account.
  • Making (and paying for) all arrangements necessary for you to have access to the Website or online features of the App.
  • Ensuring that all persons who access the Website or App through your internet connection are aware of these Terms of Use and comply with them. 

To access the Website or App or resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or App that all information you provide on our Website or App is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Website or App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information.

We have the right to reject or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Your Responsibilities:

You understand and acknowledge that you may only use the Website and App for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of or ability to engage in real time activities through the Website or App, or which, as determined by us, may harm SPLITFIT or users of the Website or App or expose them to liability. 

Additionally, you agree not to:

  • Use the Website or App in any manner that could disable, overburden, damage, or impair the Website or App, including use of any device, software or routine that interferes with the proper working of the Website or App.
  • Use any manual process, robot, spider or automatic device, process or means to access the Website for any unauthorized purpose, including monitoring or copying any of the material on the Website or App.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website is stored, or any server,computer or database connected to the Website or App.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Website of App. 

Pricing Terms

Our subscribing gyms and fitness facilities have agreed that the price for an individual personal training session (“Session Fee”) will be the price displayed on the Website or App. All prices posted on the Website or App are subject to change without notice. The price charged as a Session Fee will be the price in effect at the time the order is placed and will be set out in your order confirmation email, push notification, and/or text message. Subject to availability, you may elect to split the Session Fee by participating in a pooled training session with up to two other App users. Participants who elect to participate in a pooled session will pay only their portion of the Session Fee according to the fee structure indicated on the App. The user is responsible for all sales, use and excise taxes, and any other similar taxes.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any session bookings arising from such occurrences.

Payment Terms and Fees

When you schedule a session with a personal trainer through SPLITFIT App, you will pay all amounts due at that time directly to SPLITFIT via the mobile payment processing service selected by SPLITFIT.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of a scheduling request. We use Stripe to process mobile payments for all purchases. You represent and warrant that (i) the debit or credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or debit card issuer, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

You may obtain a full refund for any personal training session booked if cancelled a full 12 hours or more prior to the scheduled session. For any cancellation or nonattendance with less than 12 hours’ prior notice, no refunds will be provided. (SPLITFIT, however, retains sole discretion to grant full or partial refunds or credits due to the client’s extenuating circumstances or to correct any errors made by SPLITFIT.)

The Participating Facility is responsible for compensating the personal trainer and is prohibited from charging additional fees for the use of their facility during the scheduled training session, unless the additional fee is accepted at your discretion and is for services beyond the personal training session. For example, Participating Facilities may charge clients for supplemental access to pool or spa facilities not normally associated with the scheduled personal training session.

Monitoring and Enforcement; Termination

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement,for any use by you of the Website or App.
  • Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. SPLITFIT will have no liability for any harm or damages suffered by you or any third party in connection with or as a result of our investigations or those conducted by our service providers or by law enforcement.

Intellectual Property Rights

The entire content, features and functionality of the Website and App are owned by SPLITFIT. SPLITFIT and its affiliates, licensors or other providers of such material are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Removing or altering the copyright notice on any content or on the Website or App is prohibited.

The term “SPLITFIT” and all related names, logos, product and service names, designs and slogans are trademarks of SPLITFIT or its affiliates or licensors. You must not use such marks without the prior written permission of SPLITFIT. All other names, logos, product and service names, designs and slogans on the Website or App are the trademarks of their respective owners.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair, consistent with law, and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Websites

The Website and App may provide links or references to third party websites, resources and content not related to SPLITFIT. We make no representations, warranties, or other commitments or endorsements whatsoever about any third party websites or resources that may be referenced, accessible from, or linked to our Website or App. In addition, we are not a party to or responsible for any transactions you may enter into with third parties (other use of our Website or App to subscribe for personal training sessions consistent with ordinary use), even if you learn of such parties from our Website or App. It is up to you to take precautions to protect yourself from viruses, worms, and other potentially destructive programs, and to protect your Personal Information.

Geographic Restrictions

GetTrained, Inc. is headquartered in the Commonwealth of Massachusetts in the United States. We provide this Website and App for use only by persons located in the United States. We make no claims that the Website, App or any of its content is accessible or appropriate outside of the United States. Access to the Website or App may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Trial and Beta Services

SPLITFIT may, in its sole discretion, offer trial services or beta services from time to time. Any trial or beta services is provided “AS IS” with no warranties of any kind. SPLITFIT may discontinue any trial or beta services at any time, with our without notice and without any further obligations to you. SPLITFIT will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While SPLITFIT has endeavored to create a secure and reliable Website and App, please be advised that the confidentiality of any communication or material transmitted to or from our Website or App over the Internet cannot be guaranteed. Accordingly, SPLITFIT is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website or App, or for the consequences of any reliance on such information.

WE WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL WHICH INFECTS ANY COMPUTER EQUIPMENT, COMPUTER PROGRAM, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR BY DOWNLOADING ANY MATERIAL POSTED ON THE WEBSITE OR APP, OR ON ANY WEBSITE LINKED TO IT.

Disclaimer of Warranties

SPLITFIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

YOUR USE OF THE WEBSITE AND APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPLITFIT NOR ANY PERSON ASSOCIATED WITH SPLITFIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER SPLITFIT NOR ANYONE ASSOCIATED WITH SPLTIFIT REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

IN NO EVENT WILL SPLITFIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE APP, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Arbitration; No Class Actions

YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, AND INSTEAD AGREE THAT EITHER YOU OR WE CAN REQUIRE ARBITRATION OF ANY DISPUTES ARISING FROM THESE TERMS OF USE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE OR THE APP, INCLUDING WITHOUT LIMITATION DISPUTES OVER THE SCOPE, INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION CLAUSE. THE PARTIES AGREE TO CONDUCT THE ARBITRATION IN BOSTON, MASSACHUSETTS, BEFORE A SINGLE ARBITRATOR, AND AGREE THAT THE ARBITRATION WILL OTHERWISE BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

ANY CLAIMS FILED BY THE PARTIES IN ARBITRATION MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

Limitation on Time to Bring Claims

ANY CAUSE OF ACTION OR CLAIM YOU OR WE MAY HAVE AGAINST ONE ANOTHER WHICH ARISES OUT OF OR RELATES TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GETTRAINED, INC., ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO ANY USE OF THE CONTENT ON THE WEBSITE OR APP, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR APP.

Governing Law and Your Consent to Jurisdiction

All matters relating to the Website, App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

BY YOUR USE OF THE WEBSITE OR APP, YOU CONSENT TO PERSONAL JURISDICTION OF ALL FEDERAL OR STATE COURTS LOCATED WITHIN SUFFOLK COUNTY IN THE COMMONWEALTH OF MASSACHUSETTS. WE ALSO RETAIN THE RIGHT (AT OUR OPTION) TO BRING ANY SUIT, ACTION OR PROCEEDING AGAINST YOU IN COURTS LOCATED IN YOUR PLACE OF RESIDENCE. YOU HEREBY WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS. THIS CONSENT TO JURISDICTION IN EACH CASE IS SUBJECT TO THE RIGHT OF EITHER PARTY TO DEMAND ARBITRATION OF THE MATTER, AS PROVIDED ABOVE.

Miscellaneous

These Terms of Use in combination with GetTrained’s Privacy Policy represent the entire agreement between you and GetTrained with respect to your use of the Website and App, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website and App. No waiver by GetTrained of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GetTrained to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The heading referenced herein are for convenience only. They do not constitute a part of these Terms of Use and will not be deemed to limit or affect any provisions hereof.

RELEASE, ACKNOWLEDGMENT OF RISK AND WAIVER LIABILITY FOR BODYSCAPES FITNESS:

In utilizing said guest privileges, including but not limited to the use of Bodyscapes Fitness facilities and equipment, attendance in aerobic classes, or partici­pation in other exercise courses, I do so at my own risk and voluntarily assume full responsibility for any injury or accident that may occur to me on or about Bodyscapes Fitness premises. I hereby fully and forever release and discharge Bodyscapes Fitness and all associated businesses, its owners, employees and agents from any and all claims, demands, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from, arising out of or incident to my use or intended use of Bodyscapes Fitness services, facilities or equipment.

RELEASE, ACKNOWLEDGMENT OF RISK AND WAIVER LIABILITY FOR BEACON HILL ATHLETIC CLUB:

In consideration of the opportunity to use BHAC facilities and equipment and participate in classes, activities and programs conducted by BHAC, I agree that if I engage in any physical exercise or activity, or use any amenity on the BHAC premises or off premises including any event sponsored by BHAC, I do so entirely at my own risk and assume all risks of injury, illness, or death. I expressly agree to release and discharge BHAC, and all affiliates, employees, agents, representatives, successors or assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring legal action against BHAC for personal injury or property damage.

I understand, recognize and acknowledge that certain activities conducted or taking place in BHAC facilities are potentially hazardous. I also acknowledge that it is my responsibility to follow instructions for any activity or use of the equipment, and to seek help from the staff if I have any questions. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: (a) use of all amenities and equipment in the BHAC facility and my participation in any activity, program, personal training or instruction on my own or together with anyone else; (b) the sudden and unforeseen malfunctioning of any equipment; (c) BHAC instructions, training, supervision or dietary recommendations; and (d) slipping and/or falling while in or around the BHAC premises, including adjacent sidewalks and parking areas. (BHAC is not responsible for the loss or theft of personal articles.)

LIABILITY WAIVER FOR CROSSFIT COOLIDGE CORNER: 

I understand that this exercise program may include exercises to improve muscular strength, endurance, and flexibility, improve body composition and improve cardiovascular endurance. The Crossfit prescription is constantly varied, high intensity, functional movement. I understand that response to exercise may be varied and unpredictable. There is a risk that muscle sprains, joint injury, and pain may occur as well as abnormalities in blood pressure, heart rate and rarely heart attack. I understand that the benefits of regular exercise may include improvements in cardiovascular function, muscle strength, endurance, flexibility, and body composition. I have read and fully understand the information above. In addition any information obtained will be kept confidential. I acknowledge that I have voluntarily chosen to participate in a program of progressive physical exercise, that I have been informed of the strenuous nature of the program and the potential for unusual, but possible, physiological results including, but not limited to abnormal blood pressure, rhabdomyolosis, fainting, heart attack or death. I hereby certify that I know of no medical problems that would increase my risk of illness or injury as a result of participation in a fitness program designed by CFCC. I understand that questions about CFCC exercise procedures and recommendations are encouraged and welcome. I willingly engage in all activities of CFCC and acknowledge and agree to accept any and all risks associated with my participation in CFCC programs and/or classes. By signing this document, with my full understanding of the above information, I accept all risks for my health and well-being. In utilizing membership privileges, including but not limited to the use of CFCC facilities and equipment, attendance in classes, or participation in personal training sessions, Member recognizes and acknowledges that there is a known significant risk of injury, the occurrence of a medical issue or death. Member acts at his/her own risk and voluntarily assumes full responsibility for any injury, medical condition or accident that may occur to him/her on or about the CFCC.

LIABILITY WAIVER FOR COMMONWEALTH SPORTS CLUB: 

I agree that I am voluntarily participating in activities and use of the facilities and premises (including the parking lot) and assume all risk of injury, illness, damage or loss to me or my property that may result in any loss or theft of any personal property. I further agree that I shall hold this club, its members, directors, employer’s representatives and agents harmless from any and all loss, claims, injury, damage or liability sustained by me.

LIABILITY WAIVER FOR BURN Fitness Studio Back Bay: FXD, LLC DBA BURN FITNESS STUDIOS WAIVER AND RELEASE AND ASSUMPTION OF RISK AGREEMENT

In consideration of me being permitted to participate in any way in the FXD, LLC DBA BURN FITNESS STUDIOS sponsored Activities, I agree:

  • I understand the nature of FXD, LLC DBA BURN FITNESS STUDIOS activities and believe I am qualified to participate in such Activity. I further acknowledge that I am aware the activity will be conducted in facilities open to the public during the Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. If individuals are under the age of majority, a parent or legal guardian must sign this waiver.
  • I FULLY UNDERSTAND that: (a) FXD, LLC DBA BURN FITNESS STUDIOS Activities 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 inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks 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 incurred as a result of my Participation in the Activity.
  • I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS FXD, LLC DBA BURN FITNESS STUDIOS, their respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity 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 negligence of the “Releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, or anyone on my 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 costs that may incur as the result of any such claim.
  • I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY 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 THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. INFORMED CONSENT AGREEMENT: IMPORTANT - Please read carefully and acknowledge by signing below.
  • DESCRIPTION OF THE EXERCISE PROGRAM AND POTENTIAL RISKS: I understand and do hereby consent to participate in a fitness training program that will include stretching and cardiovascular exercises. I have been informed and understand that physical exercise has been associated with certain risks, including but not limited to occasional minor injuries (e.g. pulled muscles, muscle soreness, musculo-skeletal strains and sprain, bruises) to infrequent serious injury (e.g., heart attack, stroke or other cardiovascular accidents, muscle tears) to the very rare catastrophic incident (e.g.,death, paralysis). I acknowledge that regardless of the care taken, that he or she cannot guarantee my personal safety.
  • PARTICIPANT RESPONSIBILITIES: I understand it is my responsibility to 1) fully disclose any health issues (including diabetes, heart problems, seizures, and asthma) or medications that are relevant to participation in a strenuous exercise program; 2) inform the trainer if there are changes to my health, including injuries and sickness 3) inform the trainer if there are activities with which I do not feel comfortable; 4) cease exercise and report promptly any unusual feelings (e.g., chest discomfort, nausea, difficulty breathing, apparent injury) during the exercise program; and 5) clear my participation with my physician. 
  • PARTICIPANT ACKNOWLEDGEMENTS: In agreeing to this exercise program, I, the participant 1) acknowledge that my participation is completely voluntary; 2) understand the potential physical risks involved in the exercise program and believe that the potential benefits outweigh those risks; 3) give consent to certain physical touching that may be necessary to ensure proper technique and body alignment; 4) understand that the achievement of health or fitness goals cannot be guaranteed; 5) have been able to ask questions regarding any concerns I might have, and have had those questions answered to my satisfaction; 6) am in good physical condition, have no impairment which might prevent my participation in such activities, and have been advised to consult a physician prior to beginning this program; 7) have been advised to cease exercise immediately if I experience unusual discomfort and feel the need to stop. 
  • RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of FXD, LLC DBA BURN FITNESS STUDIOS, which may be posted at the Studio or issued orally, and which may be amended from time to time, at FXD, LLC DBA BURN FITNESS STUDIOS sole discretion.
  • VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. FXD, LLC DBA BURN FITNESS STUDIOS shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers or elsewhere in the Studio.

RELEASE, ACKNOWLEDGMENT OF RISK AND WAIVER LIABILITY FOR BOSTON SPORTS CLUBS MASSACHUSETTS:

In using the health and fitness club, you agree to comply with all of the rules and regulations of Town Sports International, LLC (“Town Sports”) and the health clubs it owns and operates, which rules and regulations are posted on our website and/or are available at the club, and may change from time to time.

Medical Recommendations. You should consult with your physician or have a physical examination before using any fitness equipment or program, especially if you are elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems or other chronic illness.

Customer Conduct. Customers shall not use any Club’s facilities, services or equipment in a way as to endanger the health or safety of themselves or others. Customers shall be responsible for any property damage or personal injury caused by them, their family, or their guests. Customers agree not to violate any laws.

Orientation. Customers should seek instruction from Club personnel in the use of all equipment, including fitness machines, free-weights, and cardio-aerobic equipment, before using any Club’s facilities, services or equipment. If you fail to ask for instructions as to how to use the equipment, you assume the risk of injury associated with the misuse of such equipment.

Medical Disclaimer. Each customer acknowledges that the Clubs have made no claims as to medical results that can or may be obtained through use of the Clubs’ facilities, equipment or services. The Clubs do not have the training, authority or expertise to provide medical treatment or related advice to customers.

Activity Risk. Any strenuous athletic or physical activity involves certain risks. By acknowledging this agreement, you represent that you understand and you acknowledge that there are risks associated with the use of a health club and the use of fitness equipment and that free weights pose a risk of injury if not used correctly. We cannot guarantee that any facility or equipment is free of risk. You agree to use care in the use of the Clubs’ facilities, equipment and services and to protect against accidents by other customers.

Loss of Property. The Clubs shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities, or jewelry. In no event shall any Club’s liability for disappearance, loss, theft, or damage thereof exceed the lesser of the actual value or $100.

ASSUMPTION OF RISK FOR WAVE FITNESS SEAPORT BOSTON MA:

You agree that it is your sole responsibility to consult with your personal physician prior to commencing any exercise program and to follow such physician’s advice regarding your exercise program and any existing or potential health problems you may have.You agree to remain under medical supervision if your physician so advises.You understand that there is inherent risk of injury and other harmful effects in any exercise program, that the use of the facilities and equipment provided by the Club involves the risk of accidental injury to yourself and others and you agree to employ due care in your use of the facilities and equipment provided by the Club.If you are injured or have an adverse change in your health, you agree that it is your responsibility to notify the Club and obtain medical assistance.

It is expressly agreed that all use of the health club facilities shall be undertaken by a member or a guest at his or her sole risk, and the Club shall not be liable for any injuries or any damage to any member or guest, to be subject to any claim, demand, injury or damage whatsoever except those damages resulting from acts of active or passive negligence or misconduct on the part of the Club’s, its officers or agents.

LIABILITY WAIVER FOR One2One Bodyscapes:

Consent for BodyScapes Fitness Exercise Program

I understand that this exercise program may include exercises to improve muscular strength, endurance, and flexibility, improve body composition, and improve cardiovascular endurance. Exercises may include treadmill walking/jogging/running, bicycling, and/or other cardiovascular equipment, as well as resistance training, calisthenics, and flexibility exercises.

I understand that response to exercise may be varied and unpredictable. There is a risk that muscle sprains, joint injury, and pain may occur as well as abnormalities in blood pressure, heart rate and rarely heart attack.

I understand that the benefits of regular exercise may include improvements in cardiovascular function, muscle strength, endurance, flexibility, and body composition.

I have read and fully understand the information above. Any information obtained will be kept confidential.

Rules of Use

In utilizing one said One2One BodyScapes’ facilities and equipment or participation in other exercise courses, client recognizes and acknowledges that there is a known risk of injury. Client does so at his/her own risk and voluntarily assumes responsibility for any injury or accident that may occur to him/her on or about One2One BodyScapes’ premises. Client hereby fully and forever releases and discharges One2One BodyScapes and all associated businesses, its owners, employees and agents from any and all claims, demands, rights of action, or causes of action, present or future, whether the same be known, anticipated or unanticipated resulting from, arising out of or incident to members use or intended use of One2One BodyScapes’ services, facilities or equipment. Client shall use such facilities and equipment and participate in said activities in a responsible manner and in compliance with all One2OneBodyScapes’rules and regulations and will report any injuries and accidents that may occur to him/her in, on or about One2One BodyScapes’ premises immediately to BodyScapes Fitness’s management. One2One BodyScapes is not responsible for the loss of personal articles. Unsupervised exercise is prohibited. 

LIABILITY WAIVER FOR Level Up Wellness & Fitness Center (Waltham, MA):

As with any exercise program, there are health risks involved with massage therapy, or starting an exercise program. Including, but not limited to, serious bodily injury, heart attack, stroke and death. I acknowledge these risks, and confirm that I have been cleared by a health professional to participate in strenuous physical activity. I freely, and knowingly consent to participating in this exercise program. I hereby waive any right, claim or cause of action against Level Up Fitness and Wellness Center, it's owner, employees, facility or affiliates and release all from liability for any injury, cost, damage expense or claim which our studio, or anyone on our studios behalf might incur as a direct or indirect result of my participation in this program. Participant further agrees to strictly obey instructors and observe safety rules, and understands that any pictures, audio, or visual recordings taken of him/her, in connection with the service, can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time. I have read and understand this release and agreement and agree to its terms. I am not under the influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity where exercise would be contraindicated. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.)

LIABILITY WAIVER FOR Fierce by Choice 'Cross Garage' (Natick, MA):

It is strongly recommended to consult your physician before beginning any exercise program to ensure you are in good physical condition. You should be in good physical condition and be able to participate in exercise before you begin any physical activity with FIERCE By Choice LLC. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program. If you are unsure of your condition, please consult your physician.

FIERCE By Choice LLC is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in any exercise with FIERCE By Choice LLC, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge FIERCE By Choice LLC, from any and all claims or causes of action, known or unknown, arising out of FIERCE By Choice LLC negligence.

Terms and Conditions:

Please give 24 hours notice when cancelling Personal Training or massage appointments. Less than 24 hours notice may result in forfeit of that session. Note SPLITFIT'S cancellation policy is currently 12 hours. 

All fitness assignments, and nutrition consultations and advice are considered “Recommendations”. It is your choice to decide if these recommendations are right for you.

Please do not show up for training under the influence of drugs, alcohol, or illegal substances. You will not be trained and will be charged for that session.

Your trainer will use verbal and physical queues in order to teach and correct posture during exercise. We do this to ensure the highest level of safety during each exercise. If you are uncomfortable with any verbal or physical queues, please let your trainer know immediately.

You are responsible for monitoring your own condition throughout each workout. Should you experience any unusual symptoms, you will immediately stop the workout and inform your trainer.

Contact Us

All feedback, comments, requests for technical support and other communications relating to our Website or App and welcomed and should be addressed to: info@SPLITFIT.com or mailed to: SPLITFIT (a.k.a., GetTrained, Inc.), located at 1285 Beacon Street, Brookline, Massachusetts, 02446.

Last Updated: November 9, 2018

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