Disclaimer and Waiver of Liability

By using this gym, Senergy Fitness Windward, you acknowledge and agree to the following terms and conditions:

Assumption of Risk:

Participation in fitness activities, including but not limited to weightlifting, CrossFit, and other exercise programs, involves inherent risks, including but not limited to physical injury, illness, and property damage. By engaging in any activities at our facility, you voluntarily assume all risks associated with these activities.

The undersigned, agrees that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of Senergy Fitness Windward.

Medical Clearance:

It is your responsibility to consult with a physician before beginning any exercise program, particularly if you have any pre-existing medical conditions, are taking medications, or have any concerns about your physical health. The facility is not responsible for any health problems that may result from your participation in activities.

Personal Responsibility:

You are responsible for ensuring that you use the equipment and facilities safely and as intended. You agree to follow all instructions and guidelines provided by the staff and to seek assistance if you are unsure how to use any equipment properly. You agree to notify the staff immediately if you notice any equipment that is malfunctioning or poses a safety risk.

Waiver of Liability:

By using our facilities, you waive any and all claims against the gym, its owners, employees, and agents for any injury, illness, death, or property damage that may occur as a result of your participation in activities at the facility, whether caused by negligence or otherwise.

Emergency Medical Treatment:

In the event of an emergency, you authorize the facility’s staff to obtain medical treatment for you and agree to be responsible for any costs associated with such treatment.

Use of Facilities:

You agree to abide by all rules and guidelines established by the facility, including those related to the use of equipment, class participation, hygiene, and safety.The facility reserves the right to revoke membership or deny access to any individual who fails to comply with these rules and guidelines.

Personal Belongings:

The facility is not responsible for lost, stolen, or damaged personal belongings. You are encouraged to secure your valuables in designated areas.

Changes to Terms:

The facility reserves the right to modify these terms and conditions at any time. Changes will be communicated to members, and continued use of the facility constitutes acceptance of the revised terms.

Photo/ Video Release

Participants involved in any activities offered by Senergy Fitness Windward may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Senergy Fitness Windward website or in any editorial, promotional or advertising material produced and/or published by Senergy Fitness Windward.

Risk Release:

In consideration of the above mentioned risks and hazards and in consideration of the fact that the undersigned is willingly and voluntarily participating in the activities offered by Senergy Fitness Windward , The undersigned hereby release Senergy Fitness Windward , their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon The undersigned, The undersigned successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, The undersigned agree that the remainder of the agreement shall remain in full legal force and effect. If The undersigned is signing on behalf of a minor child, The undersigned also give full permission for any person connected with Senergy Fitness Windward to administer first aid deemed necessary, and in case of serious illness or injury, The undersigned give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.

Indemnification:

The participant recognizes that there is risk involved in the types of activities offered by Senergy Fitness Windward . Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, The undersigned agrees to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Senergy Fitness Windward , their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Senergy Fitness Windward , at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by Senergy Fitness Windward .

Arbitration:

Any dispute, controversy or claim, involving more than one thousand dollars ($1000.00), arising out of or relating in any way to this agreement or your relationship with Senergy Fitness Windward , including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this agreement, shall be exclusively resolved by binding arbitration before the American Arbitration Association (AAA), or, should AAA arbitration be unavailable, pursuant to the GA Arbitration Act.