ADULT NON-MEMBER PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, WAIVER OF LIABILITY & INDEMNIFICATION
This Adult Non-Member Participation Agreement (“Agreement”) is entered into by and between the undersigned individual (“Participant”) and Fitness Lounge LLC, Fitness Lounge One LLC, Fitness Lounge Two LLC, and Fitness Lounge Three LLC, including all of their respective owners, officers, directors, members, managers, shareholders, employees, independent contractors, personal trainers, physical therapists, chiropractors, agents, affiliates, successors, and assigns (collectively, the “Fitness Lounge Entities”).
By accessing or using any Fitness Lounge facility as a non-member, and by submitting this form online, Participant agrees to the following terms:
DEFINITIONS
1.1 Facilities
“Facilities” means all Fitness Lounge locations, including any current or future locations operated by the Fitness Lounge Entities, including but not limited to:
30-77 Steinway Street, Astoria, NY 11103
25-79 31st Street, Astoria, NY 11102
1695 First Avenue, New York, NY 10128
291 3rd Ave., New York, NY 10010
together with all equipment, fixtures, workout areas, common spaces, entrances, and surrounding premises.
1.2 Participant
“Participant” means the adult individual who is not a member of any Fitness Lounge location but is entering and using the Facilities for training or related fitness activity.
1.3 Independent Contractor Providers
Personal trainers, physical therapists, chiropractors, massage therapists, coaches, and any other health or wellness professionals operating within the Facilities who are not employees of the Fitness Lounge Entities.
NATURE OF ACTIVITIES & VOLUNTARY PARTICIPATION
Participant understands that activities may include strength training, cardiovascular exercise, mobility work, athletic conditioning, and use of free weights, resistance machines, cardio equipment, and related fitness tools.
Participant voluntarily chooses to participate and is not required to do so by any Fitness Lounge Entity.
HEALTH STATUS & MEDICAL CLEARANCE
Participant represents that they are physically capable of participating in exercise and have no condition making participation unsafe.
Participant acknowledges that consultation with a physician prior to engaging in exercise is recommended.
Participant agrees to disclose any relevant medical conditions to their Independent Contractor Provider.
RULES, REGULATIONS & CONDUCT
Participant agrees to follow all posted and verbal facility rules including access control, swipe-in procedures, guest policies, attire requirements, cleanliness, and etiquette.
Management reserves the right to suspend or terminate access for violations or unsafe conduct.
Fitness Lounge Entities are not responsible for lost, stolen, or damaged personal property.
ASSUMPTION OF RISK
Participant understands that physical training and facility use involve inherent risks including serious bodily injury, permanent disability, or death.
Risks include but are not limited to:
• Muscle or joint injuries
• Sprains, strains, fractures, dislocations
• Dizziness, dehydration, fainting
• Heart attack, stroke, or cardiovascular events
• Worsening of pre-existing conditions
• Impact with equipment or other participants
• Equipment malfunction or misuse
• Slips, trips, and falls
• Exposure to contagious illnesses
Participant voluntarily assumes all risks, known and unknown, whether arising from negligence or otherwise.
WAIVER & RELEASE OF LIABILITY
To the fullest extent permitted by New York law, Participant releases, waives, and forever discharges all Fitness Lounge Entities from any claims arising out of or related to:
• Use of the Facilities
• Participation in training or programs
• Equipment use
• Acts or omissions of Independent Contractor Providers or others
Including claims based on ordinary negligence.
Participant understands they are giving up the right to sue.
INDEPENDENT CONTRACTORS
Participant acknowledges that all trainers and health professionals are independent contractors, not employees.
Fitness Lounge Entities are not responsible for their conduct or services.
Participant agrees not to pursue claims against Fitness Lounge for contractor actions.
INDEMNIFICATION
Participant agrees to defend, indemnify, and hold harmless the Fitness Lounge Entities from any claims, damages, or legal costs arising from Participant’s conduct or facility use.
EMERGENCY MEDICAL AUTHORIZATION
Participant authorizes Fitness Lounge to obtain emergency medical treatment if necessary and agrees to assume full financial responsibility for such care.
VIDEO SURVEILLANCE & LIKENESS
Participant consents to video monitoring in common areas and understands images may be used for security or promotional purposes.
GOVERNING LAW, ARBITRATION & NO CLASS ACTION
This Agreement is governed by New York law.
All disputes shall be resolved by binding arbitration in New York County or Queens County.
Participant waives the right to jury trial and any class or collective action.
CONTINUING EFFECT
This Agreement applies to all current and future visits to any Fitness Lounge location unless revoked in writing.
ELECTRONIC ACCEPTANCE
Participant agrees that digital signatures, checkbox acceptance, and online submission constitute legally binding execution of this Agreement.
ENTIRE AGREEMENT
This Agreement represents the full understanding between Participant and the Fitness Lounge Entities regarding participation and liability.
