Terms and Conditions
Agreement to Waive Claims and Release of Liability
The undersigned (herein referred to as “Client”), desiring to participate in Group Fitness Classes (including but not limited to TRX Suspension Training, Indoor Cycling and other group fitness classes and programs of exercise offered by BPM Fitness Inc. whether live in studio, live streaming or recorded archival video classes ) (herein referred to as “BPM”), in consideration of being accepted for participation in such classes and programs, does hereby agree and warrant as follows:
Client acknowledges that participation in the Group Fitness Classes and programs provided by BPM and the use of BPM’s equipment have inherent potential risks of injury or the development or exacerbation of medical conditions, including serious injury or medical conditions. 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. The extent of these risks is based on a participant’s medical history, current medical and health condition, existing fitness levels, skills, exercise experience and other conditions, whether known or unknown, which are outside of the control of BPM, its officers, Directors and employees. Client warrants and represents that client is physically and mentally capable of participating in rigorous classes and programs of exercise and does not have any injury, medical or mental condition that would make participation in BPM’s classes and programs inappropriate. If Client is presently being treated for any illness, injury or medical condition, Client warrants and represents that he or she has been cleared by Client’s treating physicians to participate in the classes and programs of rigorous exercise provided by BPM. Client fully assumes all responsibility for risks arising out of Client’s participation in BPM’s classes and programs and the use of BPM’s equipment and facilities.
Client further agrees that BPM, its officers, directors, owners, instructors and employees cannot and do not warrant or insure that such injuries, occurrences or exacerbation of medical conditions or risks will not occur under any standard of care which BPM and its instructors can exercise in structuring, coaching and monitoring its classes and programs. Client is therefore encouraged and agrees to evaluate the intensity, duration and specific exercises of the classes and programs in which client participates and to make such adjustments to Client’s participation, based on Client’s own judgment, to be consistent with Client’s fitness, medical condition, skills and experience. Client fully and exclusively assumes the responsibility to do so.
Client further acknowledges and agrees that the TRX Suspension Trainers, Indoor Cycles exercise bands and other equipment utilized by BPM in its programs are subject to wear and tear from use that can lead to mechanical breakdown or defects in such equipment that may or may not be visible upon inspection. BPM makes no warranty, insures against nor is responsible for defects that are not visible upon inspection of its equipment. Client agrees to bring signs of wear and tear, mechanical breakdown and defects in equipment to the attention of a BPM instructor before use.
COVID-19 is a virus which presents a serious risk of hospitalization and death if contracted. It is highly contagious and easily transmittable between persons and from surfaces on which the virus may sit. Notwithstanding BPM’s efforts to implement safety protocols and recommendations by the Center for Disease Control, United States Department of Health and the Pennsylvania Department of Health which are applicable and practicable for BPM’s operations, BPM cannot guarantee or insure that clients who participate in BPM’s studio classes will not be exposed to the COVID-19 virus. It is the client’s responsibility to take those personal protection measures recommended by the CDC and Federal and State Departments of Health to minimize their exposure to COVID-19. Therefore, as a term and condition of being permitted to participate in BPM’s studio classes, you represent and agree as follows:
You are not running a fever, suffering from a cough, chest restrictions, flu like symptoms or any other symptoms of COVID-19. If you develop any such symptoms, you will immediately advise BPM’s front desk staff and suspend your participation in studio classes until cleared by your doctor.
You have not tested positive for COVID-19 or for COVID-19 antibodies. If this changes, you will immediately advise BPM’s front desk staff.
You have not been in contact with any other person who has tested positive for COVID-19 or who has presented symptoms of the COVID-19 virus. If this changes, you will immediately advise BPM’s front desk staff.
You will strictly follow all safety procedures, protocols, rules and practices established by BPM concerning the COVID-19 virus.
Client, in consideration and as a term of participating in BPM’s Group Fitness Classes and programs, waives any and all claims for injuries or the development or exacerbation of medical conditions, including exposure to COVID-19, which occur during participation in BPM’s classes and programs and from the use of BPM’s equipment and facilities. Client releases BPM, its officers, directors and employees from any and all liability for any injuries or development or exacerbation of medical conditions, including COVID-19, caused by or arising out of participation in BPM’s classes and programs and use of BPM’s equipment and facilities, whether due to negligence by BPM, its officers, directors or employees or other cause. To the fullest extent permitted under Pennsylvania law, Client assumes the risk of all injuries and medical conditions, of whatever nature, including exposure to COVID-19, arising out of Client’s participation in BPM’s classes and programs and the use of BPM’s equipment and facilities. If any term of this Waiver and Release is determined to be invalid as a matter of law, the remaining portions shall continue in full force and effect and the terms determined to be invalid shall be modified as minimally required to conform to the requirements of law.
Client also acknowledges and agrees that photographs and videos containing Client may be taken by BPM during Client’s participation in classes and other programs. Client agrees that such photographs and videos and their content are owned exclusively by BPM and may be used by BPM for social media, publicity, branding and advertising purposes.
Client also acknowledges and agrees that by registering for classes or purchasing services, whether through BPM’s website, application or third party portals or applications such as Mindbody, Class Pass, an Zenrez, that client is providing BPM with client’s name, address and email address that BPM may use such information for purposes of communicating with client regarding BPM, its services, classes, and promotional offers.
This Agreement and waiver is a contract between you and BPM Inc. You have read, understand and agree to its terms as a condition of participating in BPM’s classes and programs, whether live in studio classes, live streaming or video archival classes. You understand that by executing this Agreement you are waiving rights that you would otherwise have under law.