Terms of Service
Liability Release for Geaux Reaux LLC, d/b/a ErgoFit
This is a liability release. By affirmatively agreeing to it, you are waiving certain legal rights and are completely releasing potential claims. Please read it carefully.
Express assumption of risk:
I, the undersigned, am aware 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, sprains, and other injuries. 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 risk to which I am exposing myself and hereby accept full responsibility for any death, injury, or other damages that may result from participation in any activity or class while at or under the direction of Geaux Reaux LLC, d/b/a ErgoFit.
In consideration of the above-mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Geaux Reaux LLC, d/b/a ErgoFit, I, the undersigned, hereby release Geaux Reaux LLC, d/b/a ErgoFit, as well as its principals, agents, employees, and volunteers, or anyone acting on its behalf, 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 me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.
If I am signing on behalf of a minor child, I give full permission for any person connected with Geaux Reaux LLC, d/b/a ErgoFit to administer first aid deemed necessary, and in case of serious illness or injury, I 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 well-being of the child.
I, the undersigned, recognize that there are significant risks involved in the activities offered by Geaux Reaux LLC, d/b/a ErgoFit. I therefore accept all financial responsibility for any injury that I may cause either to myself or to any other participant due to my negligence. Should Geaux Reaux LLC, d/b/a ErgoFit, as well as its principals, agents, employees, and volunteers, or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Geaux Reaux LLC, d/b/a ErgoFit, its 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 negligence and/or intentional act(s) or omission(s) while participating in activities offered by Geaux Reaux LLC, d/b/a ErgoFit, at the main building or abroad. This includes, but is not limited, to parks, recreational areas, playgrounds, areas adjacent to the main building, public property, and/or any area selected for training by Geaux Reaux LLC, d/b/a ErgoFit. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction, excluding any choice of law rules that may direct the application of laws of another jurisdiction. I have read and understood the foregoing assumption of risk and release of liability and I understand that by signing this Agreement, I am obligated to indemnify the parties named for any liability, including, but not limited to, the injury or death of any person and damage to property belonging to me or others caused by my negligence and/or intentional act(s) or omission(s). I understand that by signing this form I am waiving valuable legal rights.
Photo, Image & Likeness:
I, the undersigned, hereby grant Geaux Reaux, LLC d/b/a ErgoFit the right at no cost to use my photo, image and likeness in any social media posting, including but not limited to Facebook or Instagram, as well as any blog, or website posting. I further grant the right to Geaux Reaux, LLC d/b/a ErgoFit at no cost to use Member’s photo, image and likeness in any print advertising, brochures, flyers, promotional product or medium as long as such use is not for commercial gain or sale of such good or medium. If Member wishes to revoke this right to any photo, image or likeness that is being used, it must provide such notice in writing and allow Geaux Reaux, LLC d/b/a ErgoFit thirty (30) business days to remove, delete, cancel or otherwise stop the use of such Member photo, image or likeness.
Membership Agreement for Geaux Reaux LLC, d/b/a ErgoFit
Both parties agree as follows:
For 3-month contracts, the minimum membership term is 3 months. After the initial term, membership will default to month-to-month and automatically renew each month. The Member’s credit card will be charged once per month. All fees and schedules are subject to change without notice. There are no refunds for membership fees.
I understand that agreeing to the 3-month contract requires an initial 3 month commitment.
For 12-month contracts, the minimum membership term is 12 months. After the initial term, membership will default to month-to-month and automatically renew each month. The Member’s credit card will be charged once per month. All fees and schedules are subject to change without notice. There are no refunds for membership fees.
I understand that agreeing to the 12-month contract requires an initial 12 month commitment.
Members may put their monthly membership on freeze, in one calendar month increments, for up to three calendar months per year. Notice of hold must be given to Geaux Reaux, LLC d/b/a ErgoFit over the telephone or by emailing firstname.lastname@example.org prior to the first day of the month to be frozen. Members will not be billed for membership during the hold period. Billing will resume automatically upon the end of freeze. The current membership agreement will be extended by the number of months held.
Pre-Paid or Session Membership Agreements:
All payments for pre-paid membership will be non-refundable. Geaux Reaux LLC, d/b/a ErgoFit reserves the right to refund payment in special circumstances to include military deployment for U.S. armed forces service members, and for members who have become seriously impaired and/or injured (physician’s note required.)
Late Payment / Declined Credit Card Fees:
A late payment/declined credit card fee of $15 will be charged on any payment past due. Membership fees must be paid on or before the member's billing date.
Cancellation of Membership by Client:
Members may cancel memberships by notifying Geaux Reaux LLC, d/b/a ErgoFit of their wish to cancel at least 30 days prior to the effective date of cancellation. Members can access the cancellation form at www.goergofit.com/cancellation or by emailing email@example.com.
I have read and understand the cancellation policy above.
No open toed shoes or sandals are allowed in the training area during class times.
Geaux Reaux LLC, d/b/a ErgoFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
Smoking, Food and Drink:
No smoking is allowed in any part of the facility. Food or drink may be taken into workout areas if it is in a non-breakable, enclosed container.
Members must be 16 years of age or older unless supervised by a parent or legal guardian at all times. Guests/Visitors under the age of 16 must be supervised by a parent or legal guardian at all times.
Geaux Reaux LLC, d/b/a ErgoFit is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Geaux Reaux LLC, d/b/a ErgoFit has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any client engaging in unacceptable behavior.
Members shall pay for any damages to Geaux Reaux LLC, d/b/a ErgoFit property which result from the willful or negligent conduct of Member, Member’s guest or dependent children.
Rules and/or Regulations:
Members who do not observe Geaux Reaux LLC, d/b/a ErgoFit rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of Geaux Reaux LLC, d/b/a ErgoFit’s rules or regulations. Not all rules and regulations are listed in this agreement. Geaux Reaux LLC, d/b/a ErgoFit reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Geaux Reaux LLC, d/b/a ErgoFit.
Waiver, Release and Assumption of Risk:
By Signing this agreement, the member (hereinafter referred to as Member) understands and agrees that he/she is voluntarily participating in physical activities which may expose Member to some level of risk or injury, and Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.
Member represents that he/she is in good physical health, and that Member shall notify Geaux Reaux LLC, d/b/a ErgoFit in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of Geaux Reaux LLC, d/b/a ErgoFit allowing Member to participate in physical activity, Member agrees to indemnify and hold Geaux Reaux LLC, d/b/a ErgoFit harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney fees) from any and all claims of negligence, demands, rights, or causes of action of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any know or unknown, foreseen or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of Geaux Reaux LLC, d/b/a ErgoFit.
The provision of the Paragraph shall continue to full force and effect even after the termination of Member’s membership with Geaux Reaux LLC, d/b/a ErgoFit.
This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.
Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
By signing this membership agreement, I am agreeing to all of the terms and conditions above.