Terms and Conditions

MEMBER HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of GEAR under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical
condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1)GEAR will rely on the foregoing warranty in issuing the Membership; 2) GEAR shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by GEAR Fitness, it is solely for the purpose of providing comparative data with which the Member can
track progress in a program and is not for diagnostic purposes. 4) GEAR shall not be subject to any claim, demand, or injury whatsoever on account of GEAR’S evaluation or interpretation of such fitness assessment or similar testing. 5) GEAR shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.

LIABILITY AND WAIVER OF LIABILITY. Each member of GEAR shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or
any other person) at GEAR or any activity or function operated, arranged or sponsored by GEAR. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of GEAR and equipment, or participation in GEAR activities operated, arranged or sponsored by GEAR either on or off of GEAR’S premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and GEAR shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge GEAR, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.