Terms of Service & Liability Waiver

This Terms of Service Agreement (the "Agreement") is entered into between the undersigned ("User") and Geaux Reaux, LLC d/b/a ErgoFit (“ErgoFit"), collectively referred to as the "Parties."

1. Acceptance of Terms

By accessing or using the Service, the User agrees to be bound by these terms and conditions. If the User does not agree to these terms, they should not use the Service.

2. Use of Service

The User agrees to use the Service in accordance with all applicable laws and regulations. ErgoFit reserves the right to modify, suspend, or terminate the Service for any reason without notice.

3. User Accounts

Users may be required to create an account to access certain features of the Service. The User is responsible for maintaining the confidentiality of their account information and agrees to notify ErgoFit of any unauthorized use of their account.

4. Content

The User is solely responsible for the content they submit or display on the Service. ErgoFit reserves the right to remove or modify any content that violates these terms or is deemed inappropriate.

5. Intellectual Property

All content and materials available on the Service are the property of ErgoFit and are protected by intellectual property laws. The User may not reproduce, distribute, or create derivative works without ErgoFit's express written consent.

6. Limitation of Liability

ErgoFit shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Service.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana.

8. Termination

ErgoFit may terminate or suspend the User's access to the Service at its sole discretion, without notice.

9. Studio Policies

User agrees to the following ErgoFit policies.

Lost Articles: ErgoFit is not responsible for lost or stolen items. Unclaimed lost and found items will be donated to charity.
Smoking, Food and Drink: No smoking is allowed anywhere in ErgoFit. Food or drink is allowed in workout areas only if it's in a non-breakable, enclosed container.
Children: User must be 16 years or older unless supervised by a parent or legal guardian. Guests/Visitors under 16 must be supervised by a parent or legal guardian.
Conduct: ErgoFit prioritizes the health, safety, and well-being of all users and staff. Unacceptable behavior such as threats, harassment, or illegal activities will result in User termination.
Damages: User is responsible for any damages to ErgoFit property caused by willful or negligent actions of the member, their guests, or dependent children.
Rules and/or Regulations: User must follow ErgoFit rules and regulations. Failure to comply or misuse of equipment may result in membership termination. ErgoFit reserves the right to add, change, or remove rules, conditions, opening and closing hours, and services.
Waiver, Release and Assumption of Risk: By signing this agreement, the User acknowledges voluntary participation in activities with associated risks. The User must be in good physical health and notify ErgoFit in writing if unable to participate. In consideration, the User agrees to indemnify and hold ErgoFit harmless from any claims of injuries or damages, even after membership termination.
Photo, Image & Likeness: the User allows ErgoFit to use their photo, image, and likeness at no cost for social media, blogs, or website postings. ErgoFit may also use the User’s photo, image, and likeness for print advertising, brochures, flyers, or promotional material, provided it's not for commercial gain or sale. To revoke this right, the User must provide written notice, allowing ErgoFit 30 business days to stop the use of such photos.

10. Changes to the Terms of Service Agreement

ErgoFit reserves the right to update or modify the Terms of Service Agreement at any time without prior notice. The Member's continued use of ErgoFit's service after such changes constitutes acceptance of the updated terms.

11. Contact Information

For questions or concerns regarding this Agreement, please contact ErgoFit at info@goergofit.com

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.

Release: 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.

Indemnification: 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.