Terms and Conditions

As ""us"", ""we"" or ""MacFit360"". This Agreement is legally enforceable. Please read everything carefully.

1. Our Responsibilities:

By accepting this Agreement, subject to the terms set out in this Agreement, we accept you as a member of our health, Fitness, and wellness facility. You will have the right during the term to use the facilities and services which you have purchased during our posted hours of operation. ""Facility"" includes your Home Club named above and any other MacFit360 location that you are entitled to access under your permitted reciprocity rights. Note that some facilities and services are only available during hours that the Facility is staffed. Please ask our staff for details.

1. Your Membership Privileges:

East Memberships: Access to your MacFit360 East Club, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes) d) change room facilities, and showers (showers may be restricted to staffed hours).

West Memberships: Access to your MacFit360 West Club, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes), d) change room facilities, sauna, recovery room and showers (showers may be restricted to staffed hours).

Passport Memberships: Access to both East & West MacFit360 Locations, including use of a) cardiovascular equipment, b) non-restricted strength training equipment, c) regularly scheduled group fitness classes (excluding specialty group fitness classes), d) change room facilities, sauna, recovery room and showers (showers may be restricted to staffed hours).

Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.

You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes.

You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability.

You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer, instructor and/ MACFIT360 FITNESS & PERFORMANCE LTD, for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

Furthermore, you understand that all MacFit360 services are non-refundable and nontransferable and have noted the expiration period for such services. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.

Membership is only for persons over the age of 16. Anyone under 16 is not permitted to membership but eligible for personal training. We also offer Student Rate and Senior Citizen Rate in-house, but proof of identification is required.

MacFit360 welcomes all WEST & Passport membership holders to enjoy recreational swims at the WEST location. Please note that access for recreational swim is subject to posted hours. Swimming is at your own risk as no lifeguard is on duty. At times, the pool may not be available to membership holders. Sorry for any inconvenience caused.

Rules and Regulations:

Our Rules may be posted in the Facility and are available at https://www.macfit360.com/macfit360-faq/ . They may change from time to time. The Rules are for your benefit and protection and must be complied with by all Members. We reserve the right to cancel or suspend your membership, without refund, if you a) fail to follow our Rules or breach the terms of this Agreement, b) cause a nuisance or disturbance, c) commit any illegal or immoral acts, or d) if we feel that your actions may endanger yourself or others.

We do not allow any business activity or solicitation at the Facility. In particular solicitation of any business competitive with our business (including personal trainer services) is strictly prohibited. You agree to pay us any revenues received by you if you violate this policy (plus any legal fees and court costs we may incur to enforce such policy).

Reservation of Rights:

We reserve the right to refuse or cancel any membership without cause. We reserve the right at any time to change our hours of operation, and to change the cost of, add, modify and/or eliminate any program, equipment, activity, or class of service. We will use our reasonable best efforts to maintain the existing services and facilities at the Facility substantially as of the date of this Agreement. Classes and equipment are available based on sufficient demand.

Privacy Policy: You acknowledge that you have had an opportunity to review the MacFit360 Privacy Policy or that it has been made Available to you.
MACFIT360 FITNESS & PERFORMANCE LTD.
BLACK MARLINS SWIM CLUB LTD.

WAIVER & LIABILITY RELEASE FORM

Physical exercise can be strenuous and dangerous and may in certain circumstances subject the participant to risk of serious injury. We strongly urge you to obtain a physical examination from a medical doctor (or relevant specialist Doctor) before using any exercise equipment or participating in any exercise activity. You declare that you are in good physical condition and have no disease, injury, impairment, physical impediment or illness that prevents your ability to undertake the use of equipment or activities of whatever nature at MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD.

You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility, and you should consult a medical doctor prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and the use of these facilities and premises and assume all risks of injury, illness, or death.
You further acknowledge that this release and waiver of liability shall include but not be limited to, injuries, losses and damages arising from equipment malfunction, slip and fall in and about the premises (which shall also include exterior and parking areas), participation in personal training sessions, classes, instruction, activities, services, interaction with other guests and any other risks not named herein arising out of any cause whatsoever including negligence, breach of contract, breach of statutory duty or other purported duty of care.

By the execution of this agreement, you accept and assume full responsibility for any and all injuries, damages, and losses of any type, which may occur to you, and you hereby fully and forever release and discharge MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD., its insurers, employees, officers, directors, trainers, instructors, independent contractors, representatives, agents and associates, from any and all claims, demands, damages, rights of action, or causes of action, losses, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of said facilities.
You expressly agree to release, indemnify, and hold MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD. harmless against any and all claims (of whatever nature), demands, damages, rights of action, or causes of action, that may arise from injuries, losses or damages sustained by you.

MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD. are not responsible for any loss of your personal property. You acknowledge that you have a non-delegate duty to safeguard your personal property brought on to the premises (which includes exterior and parking areas). You further acknowledge that you have carefully read this waiver, release, and fully understand that it is a release of liability. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, illegal, or unenforceable the validity, legality and enforce-ability of the remaining provisions shall not in any way be invalidated or rendered unenforceable and the remainder of this release from liability shall remain in full force and effect. Furthermore, you understand that all MacFit360 / Black Marlins Swim Club services are non-refundable and nontransferable and have noted the expiration period for such services. This agreement shall be governed and construed in accordance with the Laws of the Commonwealth of the Bahamas.

By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD.
Assumption of Risk and medical consent and media release.

BLACK MARLINS SWIM CLUB shall mean: MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD. and shall include its directors, coaches, and employees and volunteers.

UNDERSIGNED shall be the father and/or mother , or the guardian of the PARTICIPANT or the PARTICIPANT if eighteen years or order, SITE shall Be MacFit360 Fitness & Performance west facility. The UNDERSIGNED understands that there are certain risks associated with swimming and activities at a pool and that in the course of taking swimming ACTIVITIES under the directions of MacFit360 OR BLACK MARLINS SWIM CLUB accidents may occur.
In consideration of the right to participate in swimming lessons / coaching / training and related activities, the UNDERSIGNED hereby assumes all the risks in any way associated with the swimming lessons / coaching / training and related activities. The UNDERSIGNED hereby assumes all the risks in any way associated with the swimming lessons / coaching / training and related activities at the site pool and hereby undertakes to hold and holds MACFIT360 FITNESS & PERFORMANCE LTD. / BLACK MARLINS SWIM CLUB LTD. and the site harmless from any and all liability, actions, causes of actions, debts, claims and demands of every kind and nature whatsoever, which may arise or arises from or in connection with the MacFit360 / BLACK MARLINS SWIM CLUB swimming programs, the use of the site pool and related activities.
As a PARTICIPANT I will not swim alone at the site. The terms hereof shall serve to release MacFit360 / BLACK MARLINS SWIM CLUB and the site from all liability and place the assumption of risk on the UNDERSIGNED, his and her heirs, executors, administrators, and members of UNDERSIGNED family. In the event of an emergency, every effort will be made by the personnel of MacFit360 / BLACK MARLINS SWIM CLUB to notify parents/guardians immediately.
Should emergency medical treatment be required for the PARTICIPANT while the PARTICIPANT is under the control, and direction of MacFit360 / BLACK MARLINS SWIM CLUB and, if consent is a requisite to any such treatment the UNDERSIGNED hereby grants to MacFit360 / BLACK MARLINS SWIM CLUB the right to give consent for such treatment for the PARTICIPANT on behalf of the UNDERSIGNED.
Said consent may be granted or withheld by MacFit360 / BLACK MARLINS SWIM CLUB at its sole discretion. The UNDERSIGNED hereby waives any claims which he or she may have against MacFit360 / BLACK MARLINS SWIM CLUB arising from the granting or withholding of aforesaid consent.
If emergency medical treatment is provided to the PARTICIPANT the UNDERSIGNED hereby guarantees payment of any and all costs and expenses incurred in the connection of the same. The UNDERSIGNED hereby grants MacFit360 the right to film, televise, photography, identify, and otherwise record the PARTICIPANT during swimming lessons for the promotion of MacFit360 / BLACK MARLINS SWIM CLUB.