Business Policies
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY
AGREEMENT
DECLARATIONS: This Agreement is entered into between Konga Fitness ("Trainer")
and the undersigned ("Client" The provision of personal training services by Trainer to Client, and Client's use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises
or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer's affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), or other areas, locker rooms, sidewalks, parking lots, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavour.
You agree that you are voluntarily participating in the aforementioned activities 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, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer's af liates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer's af liates, employees, agents, representatives, successors, and assigns.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or
retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer's or anyone else's negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify
and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver,
assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer.
You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer's negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
MEDIA RELEASE CONSENT
1. I, consent to the use by Konga Fitness-Martial Arts-Therapy and those acting with Konga Fitness-Martial Arts-Therapy the absolute and irrevocable right and unrestricted permission to use, re-use, display, distribute, transmit, publish, re-publish, copy, either in whole or in part, either digitally, in print, or in any other medium now or hereafter known, for any purpose whatsoever and without restriction, photographs taken of me, or in which I may be included; to alter the same without restriction; and to
copyright the same. I understand and agree that Konga Fitness-Martial Arts-Therapy may or may not use my name, working name in conjunction with the photographs.
2. I, hereby waive any right to inspect or approve the nished photographs, advertising, copy or printed matter that may be used in conjunction with the photographs.
3. I, release and discharge Konga Fitness-Martial Arts-Therapy and those acting under their authority from any liability, all claims and demands arising out of or in connection with the use of the photographs, concerning any blurring, distortion or alteration, whether intentional or otherwise, that may occur or be produced in connection with the photographs.
4. This agreement constitutes the sole, complete and exclusive agreement between Konga Fitness-Martial Arts-Therapy and me, and I am not relying on any other representation whether oral or written. No modi cation of this agreement shall be of any effect unless it is made in writing and signed by all of the parties to the agreement.
5. I understand that I am not receiving any nancial compensation for the photographs taken of me at Konga Fitness-Martial Arts-Therapy.
6. I represent that I am over the age of eighteen years and that I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.
SURVEILLANCE POLICY
Video Cameras are installed at designated spots. The purpose of video surveillance is to ensure the protections of rights, property and safety of Konga Fitness-Martial Arts-Therapy, its employees, members and others.
MERCHANDISE RETURN POLICY
At Konga Fitness, we prioritize the health and safety of our customers. Due to hygiene considerations, ALL items are FINAL SALE.
Including but not limited to: GI’s, boxing gloves, shin pads, clothing (hoodies, shorts, t-shirts), mouth guards, hand wraps, etc.
However, we understand that there may be instances where an exchange is necessary. Exchanges can be accommodated upon request. Items must be returned in their original condition, unused, with all tags attached. We reserve the right to refuse exchanges that do not meet the criteria.