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Accident, Liability, Terms, CC Authorization and Cancellation Waiver
Accident, Liability, Terms, CC Authorization and Cancellation Waiver
DualCore Fitness LLC, the trainer on hand (referred to herein as the “trainer”) and the undersigned client
(referred to herein as the “client”) on the other hand, hereby agree to the following terms regarding
liability during the above session or class, and all future sessions and/or classes.
PHYSICAL CONDITION OF CLIENT
The client represents, warrants, and agrees that the client is in good physical condition and that the
client has no disability, impairment, or ailment that will prevent the client from engaging in active or
passive exercise or that should be detrimental to the client’s health, safety, comfort, or physical
condition should the client engage in active or passive exercise. The client acknowledges that the trainer
has neither made claims as to medical results nor suggested medical treatment to the client. The client
acknowledges that the trainer recommended that the client consult a physician prior to beginning this
exercise program. The client understands that it is the client’s responsibility to inform the trainer of any
pain experienced before, during or after participating in the exercise program so that the exercise may
be immediately terminated.
ACKNOWLEDGEMENT AND CONSENT TO VIDEO AND AUDIO SURVEILLANCE IN THE STUDIO:
DualCore Wishes to provide added security and quality controls to its employees, clients, customers and
visitors. To achieve these objectives, we utilize video cameras, audio recording devices and surveillance
equipment as a means to increase security, deter crime, improper conduct, ensure quality control of our
classes, supplement teacher evaluations, and monitor some areas of our facilities. All people that enter
property of DualCore may be subject to surveillance, audio recording and videotaping. Some recordings
may be used for social media in order to promote the studio.
WAIVER AND INDEMNIFICATION
Client is familiar with and recognizes the danger and risk of injury to person and or property which may
result from the use of the trainer’s facilities, including without limitation, injury from slipping and falling,
excess fatigue or stress, muscle strain, or any other unforeseen cause. With full knowledge and
understanding of such risks, client agrees to use the facilities and the trainer’s services rendered to the
client at his or her own risk and PERSONALLY ASSUMES THE RISK for any harm, injury, or damage that
may occur as a result from use of the trainer’s facilities. Client hereby fully and forever RELEASES,
RELINQUISHES, ACQUITS, AND DISCHARGES
DualCore Fitness LLC and the Trainer on hand, from any and all claims, demands, actions, causes of
action and rights (whether known, unknown, contingent, accrued, inchoate, or otherwise) which client
may have against trainer’s passive or active negligence. Client expressly warrants and represents and
does hereby state and represent that no promise or agreement which is not herein expressed has been
made to him, her in executing this Release and Waiver of Liability and that the client is not relying upon
any statement or any representation of the Released Parties.
USING THIS FACILITY OWNED BY DUALCORE FITNESS LLC, INVOLVES THE RISK OF INJURY TO YOU OR
YOUR GUEST, WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY
TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS
CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE
ACTIVITIES OFFERED BY DUALCORE FITNESS LLC, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS
RISK AND RELEASE DUALCORE FITNESS AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES,
VOLUNTEERS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE RELEASEES), FROM ALL
LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY,
ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES,
RESULTING FROM YOUR USE OF DUALCORE FITNESS LLC, INCLUDING ANY INJURY RELATING TO THE
ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON
THE RELEASEES; BEHALF OR ANYONE USING DUALCORE FITNESS FACILITIES, WHETHER RELATED TO
EXERCISE OR NOT. YOU ACKNOWLEDGE THAT THE PRIVATE TRAINING SERVICES DESCRIBED IN THIS
ADDENDUM INCLUDE PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING BUT NOT
LIMITED TO, WEIGHT TRAINING, STATIONARY BICYCLING, VARIOUS AEROBIC CONDITIONING
MACHINERY AND VARIOUS FUNCTIONAL TRAINING PROGRAMS OFFERED BY DUALCORE FITNESS LLC
(THE PHYSICAL ACTIVITIES). YOU ACKNOWLEDGE THAT THESE PHYSICAL ACTIVITIES INVOLVE THE
INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, HEART
ATTACKS, MUSCLE STRAINS, RHABDOMYOLYSIS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT
PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND OTHER ILLNESS, SORENESS, OR INJURY,
HOWEVER CAUSED, OCCURRING DURING OR AFTER YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES.
YOU FURTHER ACKNOWLEDGE THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED
BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED
EQUIPMENT, YOUR OWN OVER-EXERTION, A SLIP AND FALL BY YOU, OR AN UNKNOWN HEALTH
PROBLEM. YOU ARE ADVISED TO CONSULT WITH A PHYSICIAN BEFORE SIGNING UP FOR PRIVATE
TRAINING SERVICES. BY SIGNING BELOW, YOU AFFIRM THAT YOU ARE IN GOOD PHYSICAL CONDITION,
AND THAT YOU DO NOT SUFFER FROM ANY DISABILITY THAT WOULD OR COULD PREVENT OR LIMIT
YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES. IN CONSIDERATION OF YOUR BEING ABLE TO
PARTICIPATE IN DUALCORE FITNESS LLC ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS'
FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY,
WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER WRONGFUL ACTS
OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY RELEASEES FROM
ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS; FEES, AND ANY OTHER COSTS
INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY
DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF RELEASEES WERE NEGLIGENT. YOU
UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER
EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE
THAT THE RELEASEES AND DUALCORE FITNESS ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT
BE HELD LIABLE FOR DEFECTIVE PRODUCTS. BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE THAT
YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT DUALCORE
FITNESS LLC.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND
THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND
INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW.
PRIVATE TRAINING and GROUP CLASS ADDENDUM, TERMS AND CONDITIONS:
PRIVATE TRAINING
1. Each private training session will last 60 minutes.
2. This Addendum will expire when you use all of your sessions, or 6 month(s). Any sessions not used
following the expiration of this Addendum will be lost and no refund issued.
3. All private training sessions are non-transferrable and non-assignable.
4. Private training sessions not cancelled at least 12 hours before their scheduled start-time shall be
deemed forfeited. Late arrival for sessions will result in forfeiture of any missed session times.
5. Privates not booked more than 12 hours in advance may not be honored. Our system will allow the booking but it is not considered confirmed unless we confirm it, or it was before 12 hours in advance.
6. YOU, THE MEMBER OR PAYOR, ACKNOWLEDGE THAT YOU HAVE CHOSEN TO PREPAY FOR ALL OF THE
PRIVATE TRAINING SESSIONS. AS A PREPAID CLIENT, YOU OWN ALL OF YOUR SESSIONS AS OF THE DATE
OF PURCHASE.
GROUP CLASSES MEMBERSHIPS:
1. Each Group class will be 50 minutes
2. There is an initial 3 month agreement, the agreement will then go month to month unless canceled.
Can not cancel within the first 3 months.
3. Must give 14 day written cancellation request to cancel after the 3 month original contract is up. (via
email to contact@dualcorefitness.com). Can not cancel a frozen account.
4. FREEZES:
1. **Complimentary Freeze Days**: You will receive 14 FREE days of freeze per calendar year. These days will reset every January 1st. If your freeze extends beyond 14 days, the following charges will apply:
2. **Extended Freeze Charges**: After the initial 14 free days, any additional freeze time will be charged at $25 per freeze and per month, paid in advance, for a maximum of 2 months.
3. **Account Cancellation Notice**: You cannot give a two-week notice to cancel an account while it is frozen.
4. **Advance Written Notice**: A written notice is required in advance to freeze your account.
5. **Freeze Duration Policy**You're required to give an end date to your freeze. Your account will automatically unfreeze at that time.
**Exceptions**: If you provide a doctor's note via email, we can freeze your account free of charge for a duration determined based on the specific situation.
5. No Refunds after the 5th day of entering contract.
6. We don't allow late entry to class, if late you will have to forfeit the class, unlimited members will
have a fee (this is for safety reasons). Fee will be sent via invoice, The fee must be paid the day that it is
issued. After 3 days and each day thereafter, there will be an additional fee added to your invoice. If the
invoice isn’t paid before your next class, it could result in an escalation due to the late payment, or a
decline to attend class, with another fee. Your account may be suspended or other actions may have to
occur.
7. If you have to cancel your workout, you must do so 12 hours in advance, to allow others to book. Late
cancels result in a forfeit of the class, unlimited members will have a fee. Fee will be sent via invoice. The
fee must be paid the day that it is issued. After 3 days and each day thereafter, there will be an
additional fee added to your invoice. If the invoice isn’t paid before your next class, it could result in an
escalation due to the late payment, or a decline to attend class, with another fee. Your account may be
suspended or other actions may have to occur..
8. You can upgrade or downgrade at any time. It is your responsibility to do this on your own at least 24
hours before your original plan is due for payment, in order to guarantee the plan will get canceled
before your new plan begins. There are no refunds.
9. All Credits/Memberships are non-transferrable and non-assignable
10. I agree to recurring payments for memberships
11. GRIP SOCKS ARE MANDATORY FOR GROUP CLASSES
12. YOU, THE MEMBER OR PAYOR, ACKNOWLEDGE THAT YOU HAVE CHOSEN TO PREPAY FOR THE
MEMBERSHIP. AS A PREPAID CLIENT, YOU OWN ALL OF YOUR SESSIONS AS OF THE DATE OF PURCHASE.
Class PACKAGES:
1. Available for 3 months
2. Can not Freeze a package
3. credits expire at the 3 months
VIRTUAL TRAINING ADDENDUM, TERMS AND CONDITIONS:
VIRTUAL TRAINING
1. From time to time, as DualCore, a trainer, and a client jointly and mutually agree, virtual training
sessions may be provided by DulaCore and the trainer to the specified client, whereby the client may
utilize the equipment, facilities, and premises of DualCore under the instruction of a trainer via live,
online, virtual instruction.
2. Each virtual training session is subject to each of the foregoing and following provisions of this waiver,
including those applicable to private training and group sessions.
3. Each virtual training session will last 60 minutes.
4. In addition to the “ACKNOWLEDGEMENT AND CONSENT TO VIDEO AND AUDIO SURVEILLANCE IN THE
STUDIO” agreed to and stated above, the client hereby expressly acknowledges and consents that all
virtual training sessions will be recorded, for safety, liability, and quality assurance reasons, in addition
to those reasons stated above.
5. In addition to the “WAIVER AND INDEMNIFICATION” agreed to and stated above, the client hereby
expressly consents that the client will be held liable for and shall indemnify DualCore and/or the trainer
for any and all damage to the property, equipment, facilities, or premises of DualCore that arise from or
result from a virtual training session.
6. In addition to the “WAIVER AND INDEMNIFICATION” agreed to and stated above, the client hereby
expressly consents that neither DualCore nor the trainer are liable for any injuries to the client that
occur during the client’s virtual training session.
7. This Addendum will expire when you use all of your sessions, or 6 month(s). Any sessions not used
following the expiration of this Addendum will be lost and no refund issued.
8. All virtual training sessions are non-transferrable and non-assignable.
9. Virtual training sessions not cancelled at least 12 hours before their scheduled start-time shall be
deemed forfeited. Late arrival for sessions will result in forfeiture of any missed session times.
10. YOU, THE MEMBER OR PAYOR, ACKNOWLEDGE THAT YOU HAVE CHOSEN TO PREPAY FOR ALL OF
THE VIRTUAL TRAINING SESSIONS. AS A PREPAID CLIENT, YOU OWN ALL OF YOUR SESSIONS AS OF THE
DATE OF PURCHASE.
Buyer's Rights
1. RESCISSION RIGHTS. YOU, THE BUYER, MAY RESCIND THIS ADDENDUM AT ANY TIME PRIOR TO
MIDNIGHT OF THE FIFTH (5TH) BUSINESS DAY AFTER THE DATE OF THIS ADDENDUM WITH DUALCORE
FITNESS LLC, EXCLUDING SUNDAYS AND HOLIDAYS. TO RESCIND THIS ADDENDUM, MAIL OR DELIVER A
SIGNED AND DATED NOTICE, WHICH STATES THAT YOU, THE BUYER, ARE RESCINDING THIS ADDENDUM,
OR WORDS TO SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO: DUALCORE FITNESS LLC, 4666 York
Blvd, Los Angeles, CA 90041
2. CANCELLATION RIGHTS. After expiration of the 5TH business-day rescission period, you may cancel
this Addendum only if you qualify as follows:
(a) You Are Disabled or You Die. If, by reason of death or disability, you are unable to receive all services
for which you contracted, then you or your estate may cancel this Addendum without penalty and
receive a pro rate refund, where applicable, for any prepaid sums. A disability means a condition
which precludes you from physically using the facilities, and your disability must be verified by a
physician. DualCore Fitness LLc shall retain the value for services already provided prior to your death or
the onset of disability.
(b) You Move. If you move more than 30 miles from DualCore Fitness LLCs Location, then you may
cancel this Addendum without penalty and receive a pro rata refund, where applicable, for any prepaid
sums. DualCore Fitness LLC may charge a one-time; of $100.
(c) DualCore Fitness LLC Closes
3. REFUNDS. Prepaid members who properly rescind or cancel under the above rights, will be issued a
refund for any prepaid sums, less the value of any services received (including the processing fee).
4. NOTICE. All notices sent pursuant to this Addendum shall be sent via certified mail, or delivered,
DualCore Fitness LLC, 4666 York Blvd, Los Angeles, CA 90041
GENERAL PROVISIONS:
1. Group Sessions and Private training sessions not cancelled at least 12 hours before their scheduled
start-time shall be deemed forfeited. Late arrival for sessions will result in forfeiture of any missed
session times.
2. There are no refunds on group classes or private sessions purchased unless those who properly
rescind or cancel under the above rights. (cancellation rights)
3. NO WARRANTIES. Individual results from group classes or private training services may vary. DualCore
Fitness makes no express or implied warranties concerning the level of success you may experience as a
result of using group classes or private training services. Any testimonials, advertisements or examples
provided are not intended to represent or guarantee that you will achieve the same or similar results.
Each individual's fitness success depends on numerous factors, including genetics, diet, motivation and
actions outside of the studio.
4. Governing Law. This Addendum shall be interpreted under the laws of the State of California. Any
litigation under this Addendum shall be filed and adjudicated resolved in the courts of the State of
California.
5. Limitation of Liability. Unless controlling legal authority requires otherwise, any award by a court or
arbitrator is limited to actual compensatory damages. Specifically, neither a court nor an arbitrator can
award either party any indirect, special, incidental or consequential damages, even if one party told the
other party that they might suffer these damages.
Credit Card Authorization
Packages:
- You are agreeing to pay for your Packages today and in the future with the CC that is on your account
for your packages and retail items at DualCore Fitness LLC
- You expressly authorize DualCore Fitness LLC, or its authorized billing services provider, to draft your
account for any dues, fees or charges.
Memberships:
- You may cancel this authorization at any time (after the initial 3 months) by contacting us via email
(contact@dualcorefitness.com). This authorization will remain in effect until cancelled.
- As a Recurring dues member, you are agreeing to pay for your DualCore Fitness LLC membership on a
recurring dues basis
- Your Recurring dues membership is for a term of 3 months, then you have a month - to - month
membership. You are able to cancel at any time after the first 3 months with a 2 week notice.
- Your recurring dues billing will begin on the day you purchase your package and will continue the same
day each month thereafter until you have canceled according to this agreement
- You expressly authorize DualCore Fitness LLC, or its authorized billing services provider, to draft your
account each month for any dues, fees or charges.
This section is included here to confirm that each participant or parent / guardian agrees to electronic
signatures AND any other terms that you include here to supplement the content of your document.
The sample content provided is displayed only as a sample. DualCore Fitness has no responsibility for
the use of this content. You may use this content, but do so at your own risk. Please consult directly with
your legal counsel for assistance with your document content and electronic signature authorization.
Electronic Signature Agreement
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally
binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my
electronic signature is not legally binding or enforceable. By electronically signing and submitting this
agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2)
voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My
signature applies to all pages of this contract. I understand that I will receive a Portable Document
Format (PDF) version of this agreement after it is signed at the email address I have provided. To view
the PDF document, I understand that I will need software that enables me to receive and access PDF
files such as Adobe Reader software or other software capable of reading a PDF file. In order to print
and retain a hard copy of this agreement, I understand that I will also need a printer connected to my
computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic
version, I must contact the party that requires my signature on this agreement directly.
Parent/Guardian Authorization
This is for when a parent or guardian signing on behalf of a minor. It is designed to affirm that the
parent or guardian is of the appropriate age to sign this document and is in fact the legal parent or
guardian of the minor for whom they are signing. You may use this content, but do so at your own risk.
Please consult directly with your legal counsel for assistance with your document content and parent /
guardian authorization.
A parent or legal guardian must sign this agreement on behalf of any minor participant under the age of
18. By electronically signing this agreement, I represent that I have the authority to sign and enter into
this agreement on behalf of the minor(s) listed on the account.
ADDITIONAL PREGNANCY:
This waiver and release clearly sets forth that participant understands that the program may increase
the risk of injury to her or her unborn child and that her physician was consulted prior to attending the
program. It also states that participant agrees to indemnify the fitness club and its representatives for
any injuries or accidents suffered while attending the program. It is imperative that this release and
waiver be set out in writing rather than by oral agreement. A written Fitness Program Release and
Waiver (For Pregnant Women) will prove invaluable if the participant suffers an accident or injury while
attending any group or private training with DualCore Fitness LLC.
You agree that you have provided the following information in our pregnancy waiver separately or in an
email before your first visit to DualCore Fitness LLC.
DualCore Fitness LLC
Date:_______________
Your name:___________________________________________________________________
Emergency Contact (name and phone number):______________________________________ **
Complete the information below as it applies to you. If you are pregnant or less than 8 weeks
postpartum, please talk with your doctor about the fitness class you are enrolled in.
Please provide a note from your doctor to your fitness instructor BEFORE beginning your exercise class.
PREGNANT ______ (Physician’s note is required to participate.) How many weeks? ____________ Due
Date _____________ Physician’s name ______________________________ Phone
_________________________
Where do you plan to deliver?____________________________________________________ Did you
exercise regularly before you became pregnant? Yes ________ No ________ If yes, what did you do?
________________________________________________________
POST PARTUM ______ (Physician’s note is required if you are less than 8 weeks post partum.) How
many weeks? ___________ Type of delivery? Vaginal __________ C-section ___________ Any
complications with your pregnancy or delivery? Yes ________ No ________ If yes, please explain.
_________________________________________________________ Did you exercise while you were
pregnant? Yes ________ No ________ If yes, what did you do?
________________________________________________________
WAIVER, RELEASE AND INDEMNITY AGREEMENT 1. I understand that participation in any exercise
program, while pregnant or immediately following a pregnancy, may increase the risk of injury to myself
and, if applicable, to my unborn child. I represent to DualCore Fitness LLC that I have consulted with my
physician regarding my participation. My physician has informed me of the risks that I may encounter
and has given me permission to participate in this pre/post-natal exercise program. I understand that I
would not be accepted in this program if participation was against my physician’s orders. 2. I understand
that the level of my participation in the exercise program and which exercises to perform must be
determined by me, in consultation with my physician, and that DualCore Fitness and the instructor are
not responsible for the intensity of my participation. 3. I understand that the instructor is not a
physician, nurse, or emergency medical technician, and that the instructor and DualCore Fitness LLC, by
making the exercise program available, are not undertaking any responsibility regarding my medical
condition(s). If my medical condition should change (e.g. pain, bleeding, discharge or cramps), I will
discontinue the exercise program and will immediately consult with my physician about continuing or
resuming participation in this or any exercise program. 4. I hereby personally assume any and all risks
associated with participating in this exercise program. 5. I hereby release, indemnify and hold harmless
DualCore Fitness LLC, its respective directors, officers, parents, subsidiaries, affiliates, agents and the
instructors of the exercise program I have chosen to attend, from any and all claims, demands, personal
injuries, costs, or expense, (including attorney’s fees) arising from or relating in any way to my or my
child’s participation in the pre/post-natal exercise program. 6. Should a provision of this agreement or
portion thereof be found invalid or void as against public policy by any court of competent jurisdiction,
the remainder of this agreement shall nonetheless remain in full force and effect. 7. I acknowledge that I
have read and understand this Waiver, Release and Indemnity Agreement and have been given the
opportunity to ask any questions and have received and understand all of the information which was
provided. I have signed this Waiver, Release and Indemnity Agreement.
Participant’s Signature ______________________________ Date _______________
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