I am at least 18 years of age, or I am the parent or legal guardian of a person under the age of 18, and wish to acknowledge my assumption of risk and waiver of other rights associated with my, or my minor child’s, use of and participation in the facilities, equipment and programs offered by AAL Fitness, LLC d/b/a Verti-GO ("Verti-GO"). 

Verti-GO’s direct and indirect subsidiaries and affiliates, and all of their employees, contractors, officers, directors, agents, representatives, sponsors, volunteers and any other entity or person acting for them, and all of their successors and assigns, are collectively referred to and covered by this Membership Agreement as "Verti-GO." In consideration of using Verti-GO facilities, including but not limited to the Use of Verti-GO’s Premises and Services by me, any of my minor children or wards who may be member(s) ("Minor Member(s)"), or any of my guests ("Guests"), I hereby agree to all of the terms and conditions in this Waiver of Liability Agreement (“Waiver Agreement”), including the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, and HEALTH AND SAFETY provisions below. By providing an e-mail address, I expressly consent to receiving both membership-related and commercial e-mail messages regarding various Verti-GO products and services.

B. ASSUMPTION OF RISK

I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Verti-GO’s premises, facilities, equipment, services, activities or products, whether available through Base Dues or a separate fee.

Use of Premises and Services. I understand that use of Verti-GO’s premises, facilities, equipment, services, activities or products ("Use of Verti-GO’s Premises and Services") can include but is not limited to (1) use of equipment or other collocated fitness equipment, restrooms, kids’ play areas, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of personal training services and group fitness classes and (3) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by Verti-GO on or off its premises.

Risks. I understand that the dangers, hazards, and risks of injury or damage in the Use of Verti-GO’s Premises and Services ("Risks") may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls" and falls from climbing structures or fitness equipment; (2) equipment failure, malfunction, or misuse; (3) property theft, loss or damage, including from waiting areas or vehicles; and (4) other accidents or incidents that may result in injury or damage to me, Minor Member(s) or Guest(s).

Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages ("Injuries") to me, Minor Member(s) or Guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, rhabdomyolysis, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen or damaged property; and (9) any other disability, impairment, incapacity, injury or damage.

I understand that Risks and Injuries in the Use of Verti-GO Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the ORDINARY NEGLIGENCE OF VERTI-GO, me, Minor Member(s), Guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

C. WAIVER OF LIABILITY

On behalf of myself and my spouse/partner, children/Minor Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Verti-GO from, covenant and agree not to sue Verti-GO for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Claims") for any Injuries to me, Minor Member(s) or Guest(s) in the Use of Verti-GO Premises and Services which arise out of, result from, or are caused by any Ordinary NEGLIGENCE OF VERTI-GO, me, any Minor Member(s), any Guest(s), and/or any other person (collectively, "Negligence Claims").

Negligence Claims. I understand that Negligence Claims include but are not limited to Verti-GO's (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of Use of Verti-GO’s Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep Verti-GO premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent provision of services; and (6) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; or (7) other negligent act(s) or omission(s).

Verti-GO’s Fees and Costs. I specifically agree that, if I (on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against Verti-GO and/or breach my agreement not to sue Verti-GO, I will pay all reasonable fees (including attorneys' fees), costs and expenses incurred by Verti-GO ("Verti-GO's Fees and Costs") to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).

D. DEFENSE AND INDEMNIFICATION

On behalf of myself and my spouse/partner, children/Minor Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I agree to defend, indemnify and hold Verti-GO harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against Verti-GO by any other person (including but not limited to any Minor Member(s), any Guest(s), any other Verti-GO member or guest, any family member who is not a Verti-GO member, or any other person or entity) arising out of, resulting from, caused by the Use of Verti-GO Premises and Services by me, Minor Member(s) or Guest(s). My agreement to defend Verti-GO means that I will pay all of Verti-GO's Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold Verti-GO harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by Verti-GO to resolve the Claim.

E. HEALTH AND SAFETY

I represent that I, or the Minor Member(s) I am signing on behalf of, am healthy enough to engage safely in the Use of Verti-GO Premises and Services, and that I have had the opportunity to talk to a doctor prior to Use of Verti-GO Premises and Services, which Verti-GO strongly recommends. I acknowledge that Verti-GO does not and will not provide medical advice. I agree to remove myself, Minor Member(s) and Guest(s) from Use of Verti-GO Premises and Services if I observe any hazardous, unsafe, dangerous or defective condition, if any of them is incapable of engaging in such Use of Verti-GO Premises and Services safely, or if required or instructed to do so by Verti-GO. I consent to emergency care by Verti-GO for me, Minor Member(s) or Guest(s). I acknowledge that I am responsible for my own conduct, health and safety and that of Minor Member(s) and Guests(s), and that Verti-GO is not responsible for any medical expenses incurred by me, Minor Member(s) or Guest(s), in connection with the Use of Verti-GO Premises and Services.

F. PARENT OR GUARDIAN AGREEMENT

If I am the parent or legal guardian of a Minor Member(s), I acknowledge and represent to Verti-GO that I have the right and authority to make decisions concerning the care, custody and control of each of the Minor Member(s), including but not limited to the right and authority to execute this Waiver Agreement on the Minor Member(s)'s behalf. By signing this Waiver Agreement, I am binding each of the Minor Member(s) to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION and HEALTH AND SAFETY provisions.

G. MEMBERSHIP POLICIES; MEMBERSHIP TERMINATION OR SUSPENSION BY VERTI-GO

I understand that Verti-GO retains complete control over all matters affecting or relating to its members and memberships, including but not limited to membership levels and types, access, prices, dues, fees, premises, facilities, equipment, services, products, programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities or benefits, all of which are subject to change at any time without notice. Although I am not a member, I will comply, and ensure that Minor Member(s) and Guest(s) comply, with Verti-GO's policies, procedures, rules, and regulations ("Membership Policies"), whether set forth on paper, verbally, in signage, or online at www.vertigoathletics.com or other Verti-GO website(s). Verti-GO may change, modify or otherwise alter any Membership Policies at any time without notice. I understand that Verti-GO may in its sole discretion terminate or suspend my participation at or in Verti-GO facilities or programs, including but not limited to applicable guest privileges, for any reason, including but not limited to any conduct by me, Minor Member(s) or Guest(s) that violates any Membership Policies or that Verti-GO determines to be improper, inappropriate, or contrary to its best interests.

H. ELECTRONIC COMMUNICATIONS

I expressly consent to receive electronic messages from Verti-GO, including messages with the primary purpose to advertise or promote products or services and messages with the primary purpose related to my transactions or relationship with Verti-GO, including membership, purchase of products or services, or amendments to this Waiver Agreement.

I. SEVERABILITY

I agree that this Waiver Agreement, including specifically the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY and PARENT OR GUARDIAN AGREEMENT provisions, is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part of this Waiver Agreement unenforceable, invalid or void, that part alone shall be severed from this Waiver Agreement, and the entire remainder of the Waiver Agreement, including any partially enforceable provision(s), shall be fully binding and enforceable to the maximum extent permitted by applicable law.

J. OTHER PROVISIONS

I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Waiver Agreement. This Waiver Agreement may be amended at any time by Verti-GO upon such notice, if any, as may be required by law. If Verti-GO fails to enforce any right in this Waiver Agreement for any reason, Verti-GO does not waive its right to enforce it later.                                                                   

K. PUBLICATION RELEASE STATEMENT                                                        

I grant to Verti-GO, its representatives and employees the right to take photographs/video of me, my child and my property in connection with Verti-GO Athletics. I authorize Verti-GO, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Verti-GO may use such photographs and/or testimony of me or my child with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.  I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

I HAVE READ, UNDERSTOOD, RECEIVED A COPY OF, AND AGREE TO ALL TERMS AND CONDITIONS OF THIS WAIVER AGREEMENT, INCLUDING SPECIFICALLY THE ASSUMPTION OF RISK, WAIVER OF LIABILITY AND DEFENSE AND INDEMNIFICATION PROVISIONS UNDER WHICH I AM RELINQUISHING LEGAL RIGHTS.

L. PAYMENT AUTHORIZATION

In consideration for Verti-GO allowing my credit card to be used as a payment method for the products and services available at Verti-GO premises (including any Verti-GO websites), I certify that I am the cardholder of the credit card on file with Verti-GO that I expressly provided to Verti-GO or its agents and I authorize each of the members listed that are part of this membership to use my credit card at any time as a payment method for the products and services, in any amount, that I purchase at a Verti-GO premise. I agree to pay and specifically authorize Verti-GO or its agents on its behalf to charge my credit card for all transactions in which I have authorized to do so use my credit card as the payment method for products and services purchased at any Verti-GO premise.

M. SERVICES, FACILITIES, RULES, AND HOURS OF ACCESS

Verti-GO is generally open as indicated on its website(s), including www.vertigoathletics.com, except for certain holidays and in the event of any repair or maintenance. Verti-GO offers a variety of amenities and services as a benefit of membership including exercise equipment, free weights, restrooms, and group fitness classes. Verti-GO also offers additional programming, services and amenities that are available for an additional fee including but not limited to personal training, group training and camps. Verti-GO reserves the right to make changes to the type or quantity of classes or equipment offered or temporarily take facilities out of operation for reasonable repairs, modifications, substitutions, or improvements, or alter the hours in which it operates. I acknowledge that I have received the rules for Verti-GO premises, either verbally, or as may be listed at www.vertigoathletics.com or via signage at any Verti-GO premise.

N. Buyer’s Agreement

I agree to and accept all terms and conditions in my Waiver Agreement with Verti-GO, including the voluntary termination provisions above. I acknowledge that I have received a copy of my Waiver Agreement, whether in person or by printing or saving an electronic copy.  The Buyer is responsible for any and all switching of payments and contract types when done on their own.

NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT.