Because physical exercise can be strenuous and subject to risk of serious injury, Functional Effect urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.  You (each member, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any club amenity or the premises or off premises including any Functional Effect sponsored event, you do so entirely at your own risk.

Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food changes.  You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness or death.  We are also no responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or failing while in the club, or on Functional Effect premises, including adjacent sidewalks and parking areas.

With your signature below, you grant Functional Effect and its licensees permission to publish your personal profile and/or testimonial and any accompany photographs in any media now know or hereafter invented (including online interactive products) without further cost, or any time or geographic limitation. You also authorize Functional Effect and its licensees to use your name, personal profile and/or testimonial, photo and/or right to use your likeness in/for advertisements and publicity efforts for Functional Effect, including promotions on the Internet.  At the same time, you recognize that Functional Effect is under no obligation to use or distribute the material.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.  You expressly agree to release and discharge Functional Effect, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims of cause of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Functional Effect for negligence, personal injury or property damage.

To the extent that statue or case law does not prohibit release for negligence, this release is also for negligence on the part of Functional Effect, its agents, and employees.

If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions served here from.

I also understand that upon purchasing any personal training sessions, I am making a legal commitment to complete the purchased sessions.  If I decide to continue my training after the first session, then I forfeit my rights to have the remaining sessions or membership refunded.  Each training session paid for must be used within a subsequent thirty day period or the remainder of the membership shall be considered to be forfeited and non-refundable.  In the event of a medical emergency, the membership will be frozen until a later date {up to a maximum of three months}.  Sessions may be frozen only with the written permission of the owner of Functional Effect.  All memberships are non-transferable.

  • Waiver & Release Form

  • Date Format: MM slash DD slash YYYY