Terms and Conditions

CONSENT, WAIVER & RELEASE OF LIABILITY FORM
This form is an important legal document. It explains the risks you are assuming by beginning/participating in an exercise program. It is critical that you read and understand it completely.

 

I, with full knowledge and understanding that participation in the physical activities, fitness training services, and nutrition counseling offered by SenRei Fitness, LLC (DBA Inner Element Fitness), its subsidiaries or any of its affiliated companies (hereinafter “SENREI”), involves increased risk of personal injury to me and/or my child/ward. Such personal injury may result from my own action or inaction and/or the action or inaction of others. I understand that SENREI’s exercise classes might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and in rare instances, death. Therefore, I assume all responsibility for any of the physical changes that could occur through my participation and/or my child’s/ward’s participation in any SENREI fitness program. I understand that as a result of my and/or my child/ward participation in an exercise program, I and/or my child/ward could suffer an injury or physical disorder that could result in becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I understand that I and/or my child/ward should consult a physician prior to beginning any activity program, including SENREI’s exercise classes. I recognize that it is my responsibility to notify my and/or my child’s/ward’s instructor of any serious illness or injury before every class. I and/or my child/ward will not perform any postures to the extent of strain or pain. I also give full permission for any person connected with SENREI to administer first aid and/or CPR deemed necessary to me and/or my child/ward. In case of serious illness or injury, I give permission to call for medical and or surgical care for myself and/or my child/ward, and to transport me and/or my child/ward to a medical facility deemed necessary.

I hereby grant permission to SENREI, and its employees, agents, representatives, licensees and assigns the right to photograph and/or video me and/or my child/ward, and use my and/or my child’s/ward’s image, likeness, voice, appearance and depiction. I hereby grant permission to SENREI to edit, crop, or retouch such photographs and/or videos, and waive any right to inspect the final photographs and/or videos. I hereby consent to and permit photographs/video of me and/or my child/ward to be used by SENREI for purposes including but not limited to exhibition, publicity, advertising, and promotional materials and in any medium, including print and electronic without reservation or limitation. I understand that SENREI may use such photographs/video with or without associating names thereto. I further waive any claim for compensation of any kind for SENREI’s use or publication of photographs and/or videos of me and/or my child/ward.

I, ON MY OWN BEHALF, AND ON BEHALF OF MY CHILD/WARD, AGREE TO WAIVE, RELEASE, DISCHARGE AND HOLD HARMLESS SENREI AND ITS RESPECTIVE OWNERS, OPERATORS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, VENDORS, CONTRACTORS, AND VOLUNTEERS (“RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, INJURIES, ACCIDENTS, ILLNESSES, CLAIMS, DEMANDS, DAMAGES RIGHTS, OR CAUSES OF ACTION, PRESENT OR FUTURE, ARISING OUT OF, OR IN CONNECTION WITH: MY AND/OR MY CHILD’S/WARD’S USE OR PRESENCE ON THE PREMISES; (B) PARTICIPATION IN ANY OF SENREI’S CLASSES OR EXERCISE PROGRAMS; (C) USE OF OR PUBLICATION OF PHOTOGRAPHS/VIDEOS OF ME AND/OR MY CHILD/WARD BY SENREI (INCLUDING, BUT NOT LIMITED TO, INVASION OF PRIVACY, DEFAMATION, FALSE LIGHT OR MISAPPROPRIATION OF NAME, LIKENESS OR IMAGE); (D) USE OF THE FACILITIES, EQUIPMENT, SERVICES, OR PROGRAMS, AND (E) MY AND/OR MY CHILD’S/WARD’S PARTICIPATION IN WORKSHOPS OR ACTIVITIES WITHIN OR OUTSIDE OF SENREI’S LOCATIONS RESULTING FROM IN WHOLE OR IN PART BY A PRE-EXISTING DEFECT, THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF THE RELEASED PARTIES.
ACKNOWLEDGEMENT AND UNDERSTANDING: I ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, I HAVE CAREFULLY AND THOROUGHLY READ, FULLY UNDERSTAND, AND VOLUNTARILY ACCEPT AND AGREE TO TIS TERMS, INCLUDING UNDERSTANDING THAT IT’S A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KING AGAINST ANY OF THE RELEASED PARTIES FOR ANY REASON WHATSOEVER. IF ANY ATTEMPT FOR SUCH CLAIM IS MADE, I AGREE TO FULLY INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS AGAINST ANY AND ALL CLAIMS BROUGHT BY ANYONE AGAINST THE RELEASED PARTIES RELATED TO ANY SUCH INJURIES, HARM, OR DAMAGES.
TO BE COMPLETED BY CLIENTS AGE 18 AND OVER – BY SIGNING/AGREEING BELOW, I ACKNOWLEDGE I’VE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER & RELEASE OF LIABILITY.  I FURTHER ACKNOWLEDGE THAT I AM SIGNING ON BEHALF OF MINOR CLIENTS UNDER THE AGE OF 18 AND THAT THIS IS LEGALLY BINDING UPON THEM AS WELL.

CANCELLATION AND REFUND NOTICE
(1) NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES
(2) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
4057 RILEY FUZZEL ROAD, SUITE 1050, SPRING, TEXAS 77386
(3) IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
a. CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
4057 RILEY FUZZEL ROAD, SUITE 1050, SPRING, TEXAS 77386; AND
b. FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.
(4) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
4057 RILEY FUZZEL ROAD, SUITE 1050, SPRING, TEXAS 77386
(5) Should the Member permanently move their residence more than 15 miles from Inner Element’s main location, payment on this agreement will be suspended once acceptable written verification (cancellation request form) of the move is received by Inner Element. The Member shall remain liable for all installment payments prior to the date of move.