TERMS AND CONDITIONS
1. ASSUMPTION OF RISK
I acknowledge that participating in fitness activities involves inherent risks, including but not limited to physical injury, illness, or property damage. I voluntarily assume all risks associated with my participation in activities offered by Zenergy Fitness DBA SD Fit Pros, including, but not limited to any training sessions, group classes, personal training, nutritional guidance, vibration recovery sessions, light therapy sessions, trigger point, fascial work, yoga and Pilates and use of fitness facilities and equipment.
I understand that these risks may result from my own actions or inactions, the actions or inactions of others participating in the activities, the condition of the premises, equipment, or facilities, or the negligence of Zenergy Fitness DBA SD Fit Pros. I accept responsibility for all risks and consequences associated with my participation.
2. RELEASE OF LIABILITY
I hereby release, waive, discharge, and covenant not to sue Zenergy Fitness DBA SD Fit Pros, Garden Communities, La Jolla Crossroads & 360 Luxury Apartments, its owners, members, managers, employees, instructors, trainers, independent contractors, agents, and representatives (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any property belonging to me, while participating in any activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
3. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, arising out of or in connection with my participation in activities offered by Zenergy Fitness DBA SD Fit Pros.
4. MEDICAL CLEARANCE AND HEALTH REPRESENTATION
I certify that I am in good physical condition and have no medical conditions, impairments, or disabilities that would prevent my safe participation in fitness activities. I acknowledge that Zenergy Fitness DBA SD Fit Pros has recommended that I consult with a physician before beginning any exercise program, and I have either done so or chosen to proceed without medical consultation at my own risk.
I agree to immediately notify Zenergy Fitness DBA SD Fit Pros of any changes in my health status, medical conditions, medications, or physical limitations that may affect my ability to safely participate in fitness activities. I understand that Zenergy Fitness DBA SD Fit Pros is not a medical facility and cannot provide medical advice or treatment.
5. CONDUCT AND SAFETY RULES
I agree to follow all safety instructions, rules, and guidelines provided by Zenergy Fitness DBA SD Fit Pros staff, instructors, and trainers. I understand that failure to comply with safety protocols may result in immediate termination of my participation without refund. I will use all equipment and facilities in a safe and responsible manner and will not engage in any behavior that may endanger myself or others.
I understand that Zenergy Fitness DBA SD Fit Pros reserves the right to refuse service or terminate my participation for any violation of facility rules, disruptive behavior, or safety concerns.
6. PERSONAL PROPERTY
Zenergy Fitness DBA SD Fit Pros, Garden Communities, La Jolla Crossroads & 360 Luxury Apartments is not responsible for lost, stolen, damaged, or destroyed personal property, including but not limited to clothing, valuables, electronic devices, vehicles, or other belongings. I acknowledge that I am solely responsible for the security of my personal property while at Zenergy Fitness DBA SD Fit Pros, Garden Communities, La Jolla Crossroads & 360 Luxury Apartments facilities or participating in activities.
7. PRIVACY POLICY AND DATA USAGE
I understand that Zenergy Fitness DBA SD Fit Pros may collect, store, and process personal information including but not limited to my name, contact information, health data, fitness assessments, progress measurements, and participation records. I consent to the collection and use of this information for the purposes of providing fitness services, tracking my progress, improving services, and communicating with me about programs, classes, and promotions. I have read the privacy policy.
I understand that my personal information will be stored securely and will not be shared with third parties except as necessary to provide services (such as payment processing) or as required by law. I have the right to request access to, correction of, or deletion of my personal information at any time by contacting Zenergy Fitness DBA SD Fit Pros in writing.
8. PHOTOGRAPHIC AND VIDEO RELEASE
I grant Zenergy Fitness DBA SD Fit Pros permission to use photographs, videos, or digital images taken of me during activities for promotional, marketing, educational, or commercial purposes, including but not limited to websites, social media, print materials, advertisements, and presentations. I understand that I will not receive compensation for such use and waive any rights to royalties or other compensation arising from the use of these images.
If I do not wish to be photographed or filmed, I will notify Zenergy Fitness DBA SD Fit Pros in writing and will make reasonable efforts to avoid areas where photography or filming is taking place.
9. CANCELLATION AND REFUND POLICY
I understand that Zenergy Fitness DBA SD Fit Pros maintains specific policies regarding cancellations, no-shows, refunds, and membership terms. I agree to familiarize myself with these policies and comply with all requirements. Services, memberships, and packages are subject to the terms and conditions in effect at the time of purchase. All service sales are final.
10. SEVERABILITY
If any provision of this waiver is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
11. GOVERNING LAW AND JURISDICTION
This waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to this waiver shall be brought exclusively in the courts of San Diego County, California, and I hereby consent to the jurisdiction of such courts.
12. ACKNOWLEDGMENT OF UNDERSTANDING
I have carefully read this waiver and release of liability, fully understand its contents, and acknowledge that I am signing it freely and voluntarily. I understand that by signing this document, I am giving up substantial legal rights, including the right to sue the Released Parties. I acknowledge that no oral representations, statements, or inducements have been made apart from this written agreement.
I understand that this waiver is intended to be as broad and inclusive as permitted by law and that if any portion is held invalid, the remainder shall continue in full legal force and effect.