Terms and Conditions

AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Underground Fitness LA and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Underground Fitness LA staff, you would be at physical risk participating in Underground Fitness LA's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Underground Fitness LA with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Underground Fitness LA's concerns and stating that Underground Fitness LA's concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Underground Fitness LA, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Underground Fitness LA's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Underground Fitness LA's Classes and Facilities, and should not be participating in any Classes.

In exchange for participation in the activity of group fitness organized by Underground Fitness LA, Gen Levy, Alisa Gonzalez, and Kelly Proctor, and/or use of the property, facilities and services of Underground Fitness LA, I agree for myself and (if applicable) for the members of my family, 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 Underground Fitness LA, or the employees, representatives or agents of Underground Fitness LA.

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 Underground Fitness LA for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Underground Fitness LA (whether rented or owned), whether caused by the fault of myself, my family, Underground Fitness LA, or other third parties. I understand that it is my responsibility to consult with health care professionals to ensure that I am of the required physical health to participate in these activities, and will provide that information to Underground Fitness LA, it's representatives, or employees, upon request. 

 

3. INDEMNIFICATION. (whether rented from a third party or owned) I agree to indemnify and defend Underground Fitness LA and it's representatives against all claims, causes of action, damages, judgements, 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 (whether rented from a third party or owned) of Underground Fitness LA. 

 

4. FEES. I agree to pay for all damages to the facilities of Underground Fitness LA (whether rented from a third party or owned) caused by any negligent, reckless, or willful actions by me or my family. 

 

5. APPLICABLE LAW. Any legal or equitable claim that may arise from the participation in the above shall be resolved under California 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 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 Underground Fitness LA has offered to refund any fees I have paid to use its facilities if I choose to not 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 specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code 1654 to this Agreement, as well as any other statute or common law principles of similar effect. 

 

8. ENFORCEABILITY. The invalidity of 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. 

 

9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not revolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

 

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 

10. EMERGENCY CONTACT. In case of an emergency, I will provide Underground Fitness LA and its representatives with contact information for an individual deemed as my emergency contact. 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.