
Terms & Conditions
FF Terms and Conditions
FELLOWSHIP FITNESS, INC. TERMS OF USE
-
Agreement. These Terms of Use (the “Agreement”) are a legally binding agreement between you and Fellowship Fitness, Inc. (“Fellowship Fitness”), regarding your use of Fellowship Fitness’ facilities, equipment, class offerings, and/or website and electronic services (collectively “Services”). By using the Services, you represent that you have read and understood this Agreement and agree to be bound by its terms. Fellowship Fitness reserves the right to change this Agreement at any time upon notice to you, to be given by the posting of a new version of this Agreement.
-
Privacy. You understand that Fellowship Fitness may take photographs and/or video on its premises for use in marketing and promotional material. You authorize Fellowship Fitness to use video or photographs including you for marketing and other promotional material.
-
Age Requirement. Persons must be at least 14 years old to use the Services. A parent or legal guardian must also sign this Agreement for any persons under 18 years old. By signing this Agreement, you are representing that you are at least 18 years old and qualified to enter this Agreement, or in the case of a parent or legal guardian, that the minor signing is at least 14 years old.
-
Registration. Registration for the use of Services must be booked through Fellowship Fitness’ electronic system. Walk-in registration is not offered or permitted.
-
Medical. Fellowship Fitness makes no representation whether its Services are safe for you or any medical conditions you may have. You are advised to consult with a medical professional before using the Services.
-
Equipment Use. At Fellowship Fitness, you may retrieve equipment from a storage area for use and return it to a storage area when you are done. You understand and agree that it is your sole responsibility to determine if you are capable of moving the equipment safely.
-
Instructors. Services offered include classes with instructors. Fellowship Fitness does not do background checks on instructors and does not warrant the qualifications or abilities of any instructor. It is your choice whether to use Services offered by any instructor.
-
Assumption of Risk. You understand that your, or the minor for whom you are responsible, use of Services includes risks that could result in physical or emotional injury or death. YOU ARE VOLUNTARILY USING OR PERMITTING THE MINOR TO USE THE SERVICES WITH FULL KNOWLEDGE OF THE INHERENT RISKS AND ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH.
-
Waiver. You, for yourself, the minor for whom you are responsible, and your heirs, successors, executors and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Fellowship Fitness, its directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees), of any kind or nature, foreseen or unforeseen, which are related to, arise out of, or are in any way connected with your, or the minor for whom you are responsible, use of Services whether such damage, loss, injury, paralysis, or death results from inherent risks, the ordinary negligence of Fellowship Fitness or from some other cause.
-
Revocation. Fellowship Fitness may revoke this Agreement and with it your permission to use Services at any time for your failure to follow any part of this Agreement, untruthful representations in this Agreement, or for any conduct which, in Fellowship Fitness’ sole discretion, is unsafe, inappropriate, or otherwise not in the best interest of Fellowship Fitness.
-
Choice of Law, Venue, and Arbitration. This Agreement shall be governed and construed under Montana law. Venue for any legal proceedings arising out of or relating to this Agreement or its breach shall be Lake County, Montana. Any controversy or claim arising out of or relating to this Agreement or its breach shall be settled by arbitration, and judgment on the arbitrator’s award may be entered in Lake County, Montana. Arbitration shall be conducted in Lake County, Montana, by a single arbitrator agreed upon by the parties.
-
No Waiver. Waiver of any benefit or requirement of any provision of this Agreement by a party shall not constitute a waiver of any other requirement or provision of this Agreement.