Gym Agreement for Guests and Members

  • Scotts Valley Gym 365, LLC
    a Wyoming Limited Liability Company
    105 Whispering Pines Drive, Scotts Valley, CA 95066
    (831) 439-9400

    SV GYM Membership. A SV GYM Membership (“Membership”) entitles the Member, and only the Member, to access and use of the SV GYM facility and twenty-four (24) hours every day, three hundred and sixty-five (365) days per year, except during periods of required closures, repair or remodeling.

    Member Representation. Member warrants SV GYM:

    1. Member has not been convicted of a violent crime and has no mental illness;
    2. Member is in good physical condition, has no medical reasons, limitations, impairment or disabilities that might impair their safe use of the SV GYM’s facility and equipment;
    3. Should the physical or medical condition of Member change, the Member will immediately cease use of the Gym’s facility and equipment.

    Age Limitation. Memberships are available for persons over the age of eighteen (18) years. A limited Membership (“Limited Membership”) is available for persons under the age of eighteen (18) years but older than fourteen (14) years at the same cost as alike Membership provided to adults but Limited Members must be accompanied at all times by an adult Member.

    Use Unsupervised. The SV GYM is not regularly staffed with personnel and use of the SV GYM is unsupervised and no services, training or classes are included in a Membership. SV GYM does not monitor or manage Member’s workouts. Member agrees not to use any equipment or perform any exercises in the SV GYM unless the Member is fully knowledgeable or has been properly trained on the equipment and Member assumes all risk associated with the use of SV GYM equipment and Member’s exercises In order to avoid injury, members are encouraged by SV GYM to use a professional Personal Trainer to provide instruction on the proper and safe use of equipment and exercises.

    Personal Trainers. A personal trainer is any person that provides a Member with instruction and training on the use of SV GYM equipment or exercises performed in the SV GYM. Any, and all, Personal Trainers used by Members must secure permission, in advance, from the SV GYM, to provide instruction and training in the SV GYM. Members shall bear any and all cost associated with the use of a personal trainer. Use of a personal trainer that hasn’t been approved by the SV GYM is a material breach of this Agreement and cause for immediate termination of the Membership.

    Pre-Approved Personal Trainers. SV GYM maintains a list of independent contractors that have been pre-approved by SV GYM as personal trainers that may be used without prior notice to the SV GYM. The list is available to the Member upon request.

    Training Policy. A 24-hour Cancelation notice must be given prior to your scheduled appointment, or you will be charged for that session. All Trainings are Non-Refundable and Non-Transferable except special considerations may apply (ex. pregnancy, getting called into the service) . Training and services expire after 90 days unless otherwise specified. Scotts Valley Gym is not responsible for any purchases, or agreements made with an independent contractor who uses our facility to conduct their business or services.

    Assumption of Risk. Serious injury, even death, can result from inappropriate exercise or improper use of exercise equipment. The risk of injury or death from Member’s activities at SV GYM is significant. Although rules adopted by the SV GYM, proper training, the design of the equipment, and Member discipline may reduce the risk, the risk of serious injury does exist. With full knowledge and understanding of these risks, Member, KNOWINGLY AND WITHOUT COERCION OF ANY KIND, ASSUMES ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH THE USE THE SV GYM, THE EQUIPMENT THEREIN, AND EXERCISES MEMBER PERFORMS.

    Video and Electronic Monitoring. Use by Members is monitored by video cameras and other electronic devices for security, Rule compliance, and marketing purposes. Member consents to the use of these devices for any lawful purpose, including but not limited to promotional or marketing activities without the Member’s agreement.

    SV GYM Rules. SV GYM has adopted rules for the health, safety, welfare, and enjoyment of all members of the SV GYM (“Rules”). The SV GYM may change the Rules at any time by providing the Member with a written copy of the Rules as changed or posted in the Gym. The undersigned Member acknowledges receipt of a copy of the current Rules, a copy of which is attached to this Membership Agreement and is incorporated herein. The undersigned Member warrants that he/she has read and understood the Rules and agrees to all times comply with the current Rules, and the Rules as they may be from time to time changed by the SV GYM.

    Violation of SV GYM Rules. Any Member who violates SV Gym Rules or breaches this Agreement, notwithstanding anything in this Agreement to the contrary, additional fees will be imposed by SV GYM, cancellation of the Membership, or both.

    Natural Disasters, Epidemics, Covid-19. Special Rules and SV GYM Hours may be adopted by the SV GYM, without notice, in order to comply with Government rules, regulations, or guidelines during Natural Disasters (i.e. epidemics - Covid-19, fire, flood, windstorms). Members agree to comply with the special Rules and SV GYM hours required.

    Attorney’s Fees. Should legal proceedings be commenced to interpret or enforce this Membership Agreement, the prevailing party in such proceeding shall be entitled to reasonable attorney’s fees in addition to such other relief as may be just and proper.

    Release and Hold Harmless. By this Membership Agreement, Member is releasing and holding harmless the SV GYM, its officers, members, agents and/or employees harmless from any and all liability that might arise by virtue of Member using the facilities and equipment of SV GYM, whether the liability arises from the negligence of the Member or otherwise, to the fullest extent provided by the law.

    MEMBER has read and understands that this Membership Agreement contains a RELEASE OF LIABILITY and that member is ASSUMING ALL RISKS associated with the use of SV GYM facilities and equipment, and freely and voluntarily, without coercion of any kind from any person, agrees to be bound by the terms and conditions of this Membership Agreement.

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If you have any questions, please do not hesitate to send us a message.

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