MORFIT GYM GENERAL LIABILITY WAIVER AND TERMS AND CONDITIONS
MorFIT Gym and its subsidiaries welcomes you to our website or services, including Morfitgym.com and MorFIT Gym facility located at 12171 Darnestown Road, Gaithersburg, Maryland 20878 (collectively, “Services“). “You” or “User” includes any regular or occasional user of the MorFIT Gym Services, Morfitgym.com website, a Client or a Participant.
2. How this Agreement Works
By visiting, accessing, or using any part of our Services, you expressly accept, agree, and consent to the terms and conditions of this Agreement. Subject to your compliance with these terms, you may access and use the Services. Your continued use of the Services after any modification to the Services or update to this Agreement, constitutes your conclusive acceptance of such change. If you do not agree to these terms and conditions of use, you must not use any portion of the Services and your sole remedy is to discontinue your use of the Services.
Additional Terms. To the extent MorFIT provides you notice of different or additional terms or practices, those additional terms will govern your use of the Services.
Updates. MorFIT may modify this Agreement at any time. Such modification will become effective immediately upon either posting of the modified agreement or MorFIT’s notification of users. You may locate the most current version of this Agreement at morfitgym.com/termsandconditions
3. Use of Service
A) Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of MorFIT facilities. As such, you acknowledge that MorFIT did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the Services. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities. B) Liability for Property: MorFIT is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around MorFIT’s premises including, but not limited to, a vehicle or its contents, parking lot premises including bike rack, the equipment or cardio rooms, or any property left in a locker. If you or your guest cause any damage to MorFIT’s facilities, you are liable to MorFIT for its cost of repair or replacement of damaged goods. C) Entire Agreement & Enforcement: You acknowledge that neither MorFIT, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement or applicable rider. This document and any applicable rider contains the entire agreement between you and MorFIT and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If MorFIT does not enforce any right in this agreement for any reason, MorFIT does not waive its right to enforce it later. This agreement and all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and agree that such copies will be given the same legal effect as the original signed agreement.
Modification and Termination. MorFIT operates the Services in its sole and complete discretion. MorFIT may modify the Services at any time for any reason, including changes to features, content, functionality, or software. MorFIT may suspend all or any portion of the Services, including for periodic maintenance, equipment malfunctions or causes beyond MorFIT’s control. MorFIT may also terminate the Services in entirety. MorFIT is not liable for any such modification, suspension, or termination of the Services.
A) General. Your membership permits you to use MorFIT premises, facilities, equipment and services. Your membership is subject to all current company policies, rules and limitations including, but not limited to, transferability rules and guest privilege rules. Your membership gives you no rights in MorFIT, its management, property or operation. MorFIT may assign or transfer your membership in its sole discretion. MorFIT can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at the home club, unless otherwise noted. B) Group Fitness Instruction. MorFIT offers group fitness instruction at pre-scheduled times but available on a “first come first served” basis if classes are not filled. These classes are strictly instructional and not intended as personal training. All MorFIT members are required to pay an annual club maintenance fee on top of their normal membership rate of $44.99 per year. All members of MorFIT and guests are required to sign the MorFIT liability waiver prior to participation in group fitness classes, small group training, large group training, or any other group activity in the facility.
Monthly membership dues based on a primary member plus certain other individuals that may be added to the membership in accordance with MorFIT’s policies. Membership offers, levels, dues, fees, benefits, services and amenities may vary and are subject to change at any time. Joining fee applies to all new memberships. State taxes and other restrictions may apply. Cannot be combined with other discounts or offers. Primary member must be at least 18 years old unless accompanied by a parent or legal guardian. Must be at least 12 years old to use the facility and workout equipment. Members under the age of 15 must remain under the supervision of a parent or legal guardian or provide written consent by said parent or guardian and signed liability waiver to train with a MorFIT certified Personal Trainer as a minor. Photo ID required of all MorFIT members to use MorFIT Services at sign up as well as a photo on file for facility access. All members are required to scan individual membership barcodes at every visit and maintain an active membership agreement for facility access. MorFIT reserves the right to deny access to any member or guest who fails to meet the requirements upheld in the terms and conditions of this Agreement.
5. Rules & Regulations.
You agree to follow MorFIT’ membership policies and club rules. MorFIT may, in its sole discretion, modify the policies and any club rule without notice at any time. Club rules vary by location and all signs posted in a club or on the premises or verbal communication shall be considered a part of the rules of MorFIT. MorFIT reserves the right to refund the pro-rated cost of unused services and terminate your membership immediately for violation of any membership policy or club rule.
Termination of Use. MorFIT may block, restrict, disable, suspend, or terminate your access to or use of all or any parts of the Services without prior notice or liability to you.
Inappropriate Use. You will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content that, in MorFIT’s judgment:
Is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper; Is hateful toward an individual or group of individuals on the basis of gender, sexual orientation, race, ethnicity, age, disability, or religion;
Violates any contract or agreement you have with MorFIT, including your Member Usage Agreement and General Terms Agreement (these agreements only apply to MorFIT Members);
Includes personal or identifying information about another person without that person’s affirmative consent;
Is false, fraudulent, misleading, or deceptive;
Constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; or
May interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of the Services, including User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
6. Facilities & Services.
MorFIT reserves the right at any time to delete, discontinue, repair or replace the equipment. MorFIT also reserves the right to make changes to the type or quantity of equipment or services offered and to alter the hours of operation in MorFIT discretion. You acknowledge that the equipment and services in the facilities are available subject to demand and are offered on a “first come first serve basis.” MorFIT regularly closes on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, etc. and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your home club is permanently closed, moved or sold, MorFIT reserves the right to assign and transfer your membership to another club within 5 miles of your home club in accordance with the buyer’s rights under state law.
7. Dues, Fees, Charges & Taxes.
A) Payment Authorization. You have full control over the payment authorization and can stop it anytime by notifying MorFIT as set forth on the front page of this agreement or by notifying your bank, or credit card company to stop. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify MorFIT within 60 days of a claimed error on your bank statement or credit card statement. If you claim your monthly dues were not stopped when you told MorFIT, you must have written proof or MorFIT will not reimburse you for any deductions which you claim should not have been deducted. B) Charges & Taxes: MorFIT has the right to add to your prepaid dues or to your monthly dues any tax imposed by the government. MorFIT also has the right to add any utility charges or surcharges to your prepaid dues and monthly dues.
8. Cancellation Rights (Buyer’s Rights).
As a buyer, you have the following rights MorFIT will: (A) Refund you the pro rata cost of any unused services, within 15 days after request therefore, if: (1) You are unable to receive benefits from MorFIT by reason of death or disability. MorFIT may require that the disability be confirmed by an examination of a physician agreeable to you and MorFIT; provided, however, that this subparagraph shall not operate to prevent you from proving the disability in a judicial proceeding; or (2) MorFIT relocates your home club more than 5 miles from its present location, or the services provided by MorFIT are materially impaired. (B) Refund you the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $2,000. Provided, however, MorFIT may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $ 250. (C) Refund you the pro rata cost of any unused services within 15 days after your home club ceases operation. II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I (A) or (B) or (C) of this section, you or your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
8. Limitation of Liability.
Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court 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.
9. Notice of Consumer Rights.
Our business registration with the State’s Consumer Protection Division. We have posted a bond with the Consumer Protection Division in the amount of $200,000. If the club is closed for a month or more, you are entitled to your choice of either an extension of the agreement or a prorated refund. If the closing is not the fault of the business, we are entitled to choose either the extension or refund. You have the right to cancel this agreement within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the agreement.
10. Copyright and Trademarks.
All content hosted on the Services is copyrighted under the law as collective work and/or compilation. MorFIT holds and owns the copyright, and all other proprietary and intellectual property rights and title, to the collective work, including the pages, graphics, design, text, sound recordings, images, materials, and content of the Services, some of which may be trademarked. You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from the content of the Services, including any information, products, or services, without MorFIT’s express written consent. The Services are solely for your personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, you may download information concerning MorFIT services or membership from the Services solely for your personal non-commercial use, including information concerning membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts.
11. Health and Wellness Information.
The Services contain information about health, wellness, and fitness issues. Such information does not represent medical diagnosis, treatment, or care and should not be used in place of consultation with or advice from your healthcare professionals. You should consult your physician or healthcare professional before beginning or altering your personal exercise, diet, or nutritional supplement program. Any health information you receive may be viewed by other users of the Services.
12. Electronic Communications.
When you use the Services, you communicate electronically with MorFIT. You expressly consent to receipt of electronic communications from MorFIT through posts on the Services and via the email you provided when setting up a user account. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications MorFIT provides according to this paragraph satisfy any legal requirement for written communication.
13. User Content
Your Content. You retain all rights, responsibility, and ownership of your content. You may only post User Content that you created or have permission to use. MorFIT is not responsible for any User Content posted on the Services, nor does it control the content made available by users. MorFIT makes no representations or warranties concerning efforts to review or monitor User Content, including the extent to which it may be considered or construed as personal, private, inappropriate, inaccurate, offensive, profane, misleading or otherwise objectionable. While MorFIT does not pre-approve or pre-screen User Content, MorFIT may disable, remove, or delete any User Content. MorFIT is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such User Content.
License to User Content. By posting, including on discussion boards or forums, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting“) any messages, text, files, images, video, photos, sounds, or other materials on or through the Services (“User Content“), you grant MorFIT an irrevocable, perpetual, fully paid, non-exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content on the Services. MorFIT does not need any further approval for its uses of your User Content.
14. Third Party Content, Services, Applications, and Tools
15. Accuracy of Personal Information
You represent and warrant that all information provided to MorFIT through the Services is current, accurate, complete and truthful, including all initial or updated registration or membership information, such as the legal name, street address, email address, telephone number, and financial transaction account information related to you or anyone on your membership. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to MorFIT through the Services for payment of membership dues, Club Tab, or other transaction. It is your responsibility to notify MorFIT of any change in your address or phone number.
16. Your Warranty and Indemnification Obligations
ASSUMPTION OF RISK AND WAIVER OF LIABILITY. THERE ARE RISKS INHERENT IN ACCESSING AND USING THE SERVICES, INCLUDING LOSS, THEFT, BREACH, MISUSE, OR UNAUTHORIZED USE OF PERSONAL INFORMATION. YOU EXPRESSLY ASSUME THESE RISKS, WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK, AND WAIVE ANY AND ALL CLAIMS AGAINST MORFIT, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, RELATED TO SUCH ACCESS OR USE (INCLUDING CLAIMS ON BEHALF OF MINORS ON YOUR MEMBERSHIP) FOR ANY DAMAGE, LOSS, OR INJURY OF ANY KIND SUSTAINED BY YOU OR ANY PERSON ON YOUR MEMBERSHIP CAUSED AS A RESULT OF MORFIT’S NEGLIGENCE. THIS DOES NOT WAIVE CLAIMS RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR RECKLESS DISREGARD, UNLESS PROHIBITED BY APPLICABLE PRIVACY LAW.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MORFIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS MORFIT AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT OR THE USER CONTENT I MAKE AVAILABLE VIA THE SERVICES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
17. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
Mandatory Binding Individual Arbitration. Except as expressly provided below, MorFIT and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”). Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
- Small Claims. Either party may bring individual Claims in small claims court.
- Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.
- Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. The arbitration hearing will be held at the ADR Provider’s location that is closest to the claimant’s primary residence, unless the claimant primarily resides outside the State of Maryland (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in this Agreement to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement will remain in full force and effect. MorFIT’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute a waiver of its right to do so later.
YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS USE AGREEMENT.
Barne Fitness LLC DBA MorFIT Gym (MorFIT) and you agree that by signing this agreement and or using our services, you purchased a membership or services and agree to all the terms in this agreement. The terms “you” and “MorFIT” include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds all these included persons and entities.