Terms and Conditions

In further consideration and as a condition for your participation in activities and use of the facilities sponsored by or under the control of TFR, you acknowledge and agree to the following:

(1) You understand the nature of and acknowledge that TFR is offering you the opportunity to participate in challenging strenuous physical activities, including but not limited to, CrossFit training, cross exercises, aerobics dance, weight training, stationary bicycling, yoga, various aerobic conditioning machines and various nutritional programs. You affirm that you are in good physical condition, do not suffer from any disability that would prevent or limit participation in any physical activities, and that you have been examined by or declined the opportunity to be examined by a licensed physician to determine your fitness and ability to participate in strenuous physical activity. You acknowledge that participation will be physically and mentally challenging, and you agree that it is your responsibility to seek competent medical or other professional advice regarding any concerns involved with your ability to take part in physical activities associated with or sponsored by TFR. You further agree and warrant that you will immediately discontinue further participation in activities if at any time you believe such activities or conditions to be unsafe or harmful to you. You acknowledge and understand that this agreement to participate in activities, your use, or selection of exercise programs, methods and types of equipment shall be your

(2) You warrant and acknowledge that you understand the nature of TFR's activities and believe you are sufficiently fit physically, mentally, and emotionally, capable, and otherwise qualified to participate in the activities. You further

acknowledge that you are aware the activities will be conducted on closed and open air facilities or premises that are open to the public during such activities. You further agree and warrant that if at any time you believe the activities, facilities, or premises to be unsafe or detrimental to you that you will immediately discontinue and cease further participation in the activity. 

(3) YOU FULLY UNDERSTAND, ACKNOWLEDGE, AND AGREE that (a) TFR's activities involve risks and dangers of SERIOUS BODILY INJURY, SICKNESS AND DISEASE, INCLUDING PERMANENT DISABILITY, PARALYSIS AND

DEATH (""Risks""); (b) that these Risks may be caused by your actions or inactions, the actions or inactions of others, as well as the condition in which the activities take place, and conditions then existing on the premises where the activities are taking place, the actions or in actions of any other third party, or THE NEGLIGENCE OF A RELEASED PERSON OR ENTITY; (c) there may be other risks and social and economic losses either not known to you or not readily foreseeable at this time, and YOU FULLY ACCEPT AND ASSUME SUCH RISKS AND ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, AND DAMAGES incurred as a result of your participation in the activities.

(4) YOU FULLY UNDERSTAND, ACKNOWLEDGE, AND AGREE that in connection with my participation in any classes, training sessions or any activity associated with TFR I consent to the use of my photograph or other likeness in the promotional and other materials of TFR without payment or other consideration made to me.

(5) YOU HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY, AND SAVE AND HOLD HARMLESS Total Fitness Revolution, LLC, its respective owners, shareholders, managers, administrators, directors, agents, officer, volunteers, employees, other participants, sponsors, advertisers, and, where applicable, owners and lessors of premises where the activities take place (each considered one of the releasees) from all liability, claims, demands, losses, or damages you have or may have attributable to, caused, or alleged to be caused in whole or in part, by any person for any reasons or otherwise arising out of the relationship you have with TFR, your usage of the equipment, facilities and premises controlled, leased to, or owned by TFR, and/or your participation in any activities sponsored by TFR, including negligent rescue operations. You further agree that if, despite this release, you, or anyone on your behalf makes a claim against any of the aforementioned released persons or entities, YOU WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PERSONS OR ENTITITES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS OF LIABILITY, DAMAGE OR COSTS THAT MAY BE INCURRED AS A RESULT OF ANY SUCH CLAIM.

RECEIPT OF CONTRACT

By signing these documents, you acknowledge that you have read, understood and agreed to all terms, fees, and

waivers it contains and that you have received a signed copy of this Agreement at the time of your execution of this

POLICIES AND RULES

You agree to comply with the Policies and Rules of TFR, attached hereto and incorporated herein by reference.

TFR RULES AND REGULATIONS

Congratulations and welcome to Total Fitness Revolution! We would like to thank you for choosing TFR as your fitness

facility. We are the one and only fitness campus here in Smyrna and we are continually striving to bring a total fitness experience by improving health, wellness and the overall quality of life, for a stronger, happier more fit community. To help ensure a safe and enjoyable fitness experience, we have established the following rules and regulations that we require everyone to follow. Please note that from time to time we may find it necessary to amend or add to these rules and regulations. Rules and regulations may also be orally communicated to you or contained on signs posted in the club. Please review and familiarize yourself with them. Please contact your club manager if you have any questions.

All members are required to use TFR online software and sign up for all classes prior to attending. Members and guests must check-in at the front desk upon entering the club. Members must show their membership cards to the front desk worker. Members may not loan their membership cards to anyone. Members must be in good standing (that is, paid to date) to use the club. A fee may be charged to replace membership cards.

Members are invited to bring guests to the club for an introductory visit and for the purpose of introducing them as potential members.

Subject to the club manager's approval, members may bring as many guests as they desire. However, members may bring no more than three guests at any one time and the same person may not visit the club as a guest of any member more than twice in a 90-day period.

Guests must be 15 years of age or older. Guests must be accompanied by an instructor during their workout and must comply with the rules and regulations of the club. WE RESERVE THE RIGHT TO CHARGE GUEST FEES FOR OUT OF TOWN GUESTS AND FOR OTHER GUESTS WE MAY ADMIT WHO ARE NOT INTERESTED IN JOINING. We reserve the right to discontinue guest privileges, in whole or in part, for the general benefit of the club.

MEMBERSHIP AGE RESTRICTIONS

Family or other membership plans may be available for minors (under 18 years old). We may require members under 18 years of age to be accompanied by an adult member at all times while on the TFR campus. Minors are not permitted in the club unless they are members or unless they are restricted to the nursery.

We reserve the right to deny use of the club to any person whose attire we do not consider to be appropriate in connection with the public image of the club and our rules and regulations. No profane language or slogans on any attire in the club is permitted.

Athletic shoes are required in exercise areas. No ragged clothing, cut-off or cut-down shorts or pants, half-shirts, curlers, swimsuits or sandals are allowed in the gym area. No personal effects such as jackets or gym bags are permitted in the general gym area. If you wish to carry beverages with you during your workout, you must use a covered plastic container.

Members may be required to wipe equipment upholstery clean after use as a courtesy to other members.

Shower shoes or sandals are recommended in all wet areas: no other type of footwear is permitted.

Lockers are available for daily use only by members and guests. We recommend that members and guests do not bring valuables into the club and that each member purchases a combination lock or padlock to secure their locker while using the club facilities. DO NOT LEAVE VALUABLES UNPROTECTED. WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN ARTICLES. Pursuant to your membership contract, you have waived any right to sue the club for lost or stolen articles. Due to the limited number of lockers available, we cannot allow locks to be left on overnight. When this occurs, the locks may be removed and any personal articles in the locker may be placed in the lost and found. We accept no responsibility for articles left behind. Club personnel are not allowed to accept personal belongings.

No hair dyeing or bleaching permitted in the locker room or the wet areas. No glass containers are permitted.

Child care may be available in accordance with the terms of your membership. An additional fee may be charged. Length of stay is limited to two hours. Parents or guardians must remain in the club at all times and children will be released only to the parent or guardian who accompanied the child to the nursery. We do not feed or change children. Child care hours, permitted ages and the associated fees have been stated your member contract. We may deny a child's admittance due to a child's illness, misbehavior or any other reason that

You agree that if you engage in any physical exercise, class or activity, or use any club equipment or facility on the premises, you do so at your own risk. You agree that you are voluntarily participating in activities and use of the facilities and premises (including the parking lot) and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree to release and discharge us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of our negligence. You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability. You are waiving any right that you may have to bring a legal action to assert a claim against us for our negligence.

Members must use the equipment only in the manner intended by the manufacturer and authorized by the club. Please follow all instructions and posed signs carefully. We reserve the right to limit your use of any equipment or facilities to ensure the equitable use of the equipment and facilities by all members and guests. Members shall not move or modify the equipment in any manner whatsoever. No free weight or loose equipment shall be used in connection with any mechanical equipment or in any manner for which the equipment was not originally intended. If you believe any piece of equipment is malfunctioning, please notify club management immediately.

Members and guests may not bring in their own equipment. DO NOT USE the equipment if you are taking any medication that causes drowsiness or have any medical condition which makes such use inappropriate.

Members and guests are subject to the control and guidance of the club's staff and must follow their instructions while in the club.

Members and guests agree to conduct themselves in a quiet and well-mannered fashion when in or about the club and not cause any disturbances or interfere with the safe use or enjoyment of the club by other members and guests. Members or guests shall not conduct, purchase or subscribe to any commercial business or activity on club premises or solicit other members or guests for any reason without the club's prior written consent. Under no circumstances shall members or guests interfere with the club's conduct of its business. Any complaints (other than those of an emergency nature or requiring immediate attention by the club's personnel) shall be made directly to the business.

Please check with the club for the days and hours of operation. Days and hours of operation may be changed at the club's discretion.

In the interest of providing a healthy and safe environment for our members and guests, all of our clubs adhere to a NO SMOKING/NO GUM CHEWING policy. The use of any type of tobacco products, including smokeless tobacco, within the club is prohibited.

Food is permitted only in designated areas and not inside the locker room or in any exercise areas. You may carry beverages in covered plastic containers only during your workout; no glass containers are permitted in the club. Please properly dispose of all drinking containers and refuse in the trash receptacles.

Do not drink alcoholic beverages before using the club facilities.

MEMBER'S RESPONSIBILITY AS TO USE OF THE CLUB

You should consult with your physician before using our services and facilities. You understand and acknowledge that we have no expertise in diagnosing, examining or treating any medical condition. You agree you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such a condition poses a direct threat to the health or safety of yourself and others and agree you will use the facilities in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of these medical conditions exists and, if so, whether such condition poses a direct threat to the health or safety of yourself or others. The Club reserves the right, however, to make the final determination in this regard.

ADDITIONAL RULES AND REGULATIONS

We reserve the right to amend or alter these rules and regulations at any time in our sole discretion. All amendments to these rules and

regulations are effective immediately. In accordance with your membership contract and these rules, we may revoke or suspend your membership if you fail to follow the rules and regulations or for any reasons of nuisance, disturbance, moral turpitude or fraud.

If you have any questions, please feel free to consult any member of our staff for assistance. We look forward to helping you by

improving your health, wellness and the overall quality of life.

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