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GRAND MARAIS BARBELL, LLC

MEMBERSHIP AGREEMENT 

&

WAIVER AND RELEASE OF LIABILITY

Grand Marais Barbell, LLC, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as the “Company”), and the undersigned person (herein after referred to as “Client”), hereby agree to the terms and conditions set forth in this Membership Agreement & Waiver and Release of Liability (the “Agreement”). Client and Company, in consideration of mutual covenants hereinafter set forth, agree as follows.

SERVICES. In exchange for Client’s membership at the Company’s gym facility located at 192 Cedar Grove Lane, Grand Marais, Minnesota 55604 (the “Facility”); Client hereby agrees to the terms and conditions set for below.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS. Client hereby acknowledges that, notwithstanding precautions taken by Company, participating in weight lifting and physical fitness activities is inherently hazardous and involves a risk of accident, illness, injury, death, and property damage. Risks include, but are not limited to, falling, slipping, muscle or skeletal injuries, collisions, respiratory issues, strains, sprains, fractures, dislocations, heart attack, stroke, heat stress, or even death. Client is voluntarily participating in these activities and using equipment and machinery at the Facility provided by the Company with knowledge of the dangers involved. Client has either familiarized themselves with the risks associated with the use of the Facility or hereby voluntarily foregoes and waives the opportunity to do so. Client elects to make use of the Facility in spite of the risks, and expressly assumes the risks of all activities related to the Facility, whether or not described above. Client further assumes full responsibility for all such damages caused to others by Client’s conduct. Client acknowledges that Client alone is responsible for their own personal safety. 
WAIVER OF CLAIMS. Client hereby WAIVES ALL CLAIMS (except as expressly indicated in this paragraph) against Company, or any of their entities, contractors, agents, and/or employees, (the “Released Parties”) for any personal injury and/or death Client sustains, which claims arise out of or relate to Client’s use and enjoyment of the Facility. Client specifically RELEASES and DISCHARGES, in advance, the Released Parties from any and all liability that may arise out of any Released Party’s negligence in association with the Facility or its maintenance, or upkeep (including but not limited to negligent medical treatment) but Client does not by this Agreement waive, release or discharge any claims for harm caused by a Released Party’s intentional, reckless, or grossly negligent conduct. As to any claim released hereby, Client AGREES NOT TO SUE any of the Released Parties for such released claims. Cient agrees to be personally responsible for any costs, expenses or damages arising out of or related to such released claims.
MEMBERSHIP FEES. 
 4.1.Rates. Please refer to Company’s website and/or printed materials for current membership pricing. Company reserves the right to make discounted, free, and/or alternative fee arrangements.
 4.2.Changes to Membership Fees. Company may, from time to time, change or increase the prices of its memberships. For existing Clients, Company will provide sixty (60) days notices prior to the new rates taking effect to the Client. Notice may be in writing or posted at the Facility.
 4.3.Processing Fees. If Client wishes to pay any fees with a credit or debt card, standard payment card processing fees may be added to the fee (as well as any applicable sales tax).
 4.4.Maintenance and Repair Fees. If Client has intentionally or recklessly damaged equipment, Company reserves the right, in addition to terminating this Agreement, and after notifying Client, charge Client an additional fee for costs related to repairing or replacing equipment or the physical environment at the Facility, so damaged.
MEDICAL CONDITION AND TREATMENT.
 5.1.Client’s Responsibility. Prior to Client’s use of the Facility, Clients are encouraged to consult with a medical professional to confirm fitness for use of the Facility. Client hereby certifies that they are in good health and have no physical, medical, mental, or emotional impairments, conditions or concerns that might jeopardize or affect their safety, or the safety of others, related to their use of the Facility. If Client has a prescription for medications or is taking over the counter medications, Client understands that they should confirm with their medical provider whether the medications will impact their use of the Facility. Client understands that they should not use the Facility while under the influence of any medication that may impact their ability to safely participate. By signing below, Client acknowledges that prior to doing so they consulted, or had the opportunity to consult, their preferred medical provider to ensure safe use of the Facility by Client.
 5.2.Consent for Medical Treatment. If at any time while at the Facility, any medical attention is needed, and Client is unable to provide consent on their own behalf, Client consents to emergency medical treatment and grants Company full authority to take whatever actions it may consider necessary under the circumstances concerning Client’s health and safety. 
 5.3.No obligation to Provide Treatment. Client acknowledges and accepts that while Client provides consent to treatment, Company is under no obligation to perform or provide treatment. Company is not a medical provider. If any treatment is provided to Client it is provided strictly in Company’s capacity as a lay person or “Good Samaritan” until emergency or other treatment can be obtained for Client. Client expressly holds Company harmless if treatment is not given, is not timely, is incorrect, or otherwise unsuccessful.
RULES AND REGULATIONS. Client acknowledges that Client has received and read a copy of the Rules and Regulations, attached hereto and hereby incorporated into this Agreement, governing the use of the Facility, and Client agrees that Client will fully comply with these Rules and Regulations as the same may be amended from time to time. Failure to comply with any of these Rules and Regulations may result in the loss of individual privileges and membership. Any amendments to the Rules and Regulations will be provided to Client in writing, or posted at the Facility. 
Use of Likeness. I hereby authorize and consent to Company’s use of my voice, photograph and likeness subject to this Agreement without reservation or limitation. I hereby waive and release all claim may have to receive compensation for this use and property rights. 
RELATED ACKNOWLEDGMENTS. Client further acknowledges and represents that: (a) Client has read this Agreement; (b) Client understands this Agreement; (c) Client is participating in the use of the Facility voluntarily and is entering into this Agreement of their own free will, and (d) Client understands that by indicating their consent below they are giving up important legal rights that they might otherwise have.
TERMINATION AND SURVIVAL. Company reserves the right to terminate this Agreement at any time for violations of this Agreement, the Rules & Regulations, or other posted information. Company may opt to give warnings for violations but is under no obligation to provide warnings. Any warnings so given shall not act as a waiver of Company’s rights to terminate this Agreement for the same or similar conduct as that identified in the warning. Warnings shall be provided to Client in writing. Egregious conduct may result in immediate termination of the Agreement. Client expressly acknowledges Company’s termination rights and that refunds (full or partial) are not permitted for violations of the Agreement or Rules & Regulations. Company further reserves the right to terminate this Agreement for other business purposes and will provide Client with reasonable notice before doing so. All provisions of this Agreement which are by their nature intended to survive the expiration or termination of this Agreement will survive such expiration or termination.
ATTORNEY’S FEES. Should Company find it necessary to take legal action of any kind to enforce the terms of this Agreement, Company shall be entitled to reimbursement by Client of any and all costs of such legal action, including without limitation, reasonable attorney fees, costs, and disbursements.
ASSIGNMENT AND SUCCESSORS. Client may not assign any of its rights, interests, or obligations hereunder.
GOVERNING LAW AND JURISDICTION. This Agreement and all issues, disputes and matters arising out of it will be governed by and construed in accordance with the law of the State of Minnesota, exclusive of that body of law governing conflicts of laws. Any claims arising out of this Agreement shall be brought in State District Court within Cook County, State of Minnesota.
WAIVER AND SEVERABILITY.  No waiver of any provisions of this Agreement will be deemed a waiver of any other provisions, nor will any waiver constitute a continuing waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall remain in full force and effect and will in no way be affected, impaired or invalidated.
THIS IS A WAIVER & RELEASE OF LIABILITY AGREEMENT: PLEASE READ ALL OF THE ABOVE PARAGRAPHS BEFORE YOU SIGN BELOW TO INDICATE YOUR AGREEMENT.

Signature of Client: 

_______________________________________________ Date __________________________ 

Print Name of Client  

Phone Number   Email Address 

GRAND MARAIS BARBELL, LLC

RULES AND REGULATIONS

The following rules and regulations are intended to make Grand Marais Barbell, LLC’s fitness facility (the “Facility”) as safe, enjoyable, and pleasant as possible for all users. These rules and regulations are applicable to all users and may be changed from time to time by Grand Marais Barbell, LLC in order to provide for the safe, orderly, and enjoyable use of the facility, equipment, and services offered by Grand Marais Barbell, LLC. These Rules & Regulations also incorporate by reference into any posted information in the Facility.

Payment. Each user shall, before using the Facility, pay their monthly membership fee and any other fees imposed by Grand Marais Barbell, LLC, pursuant to the Membership Agreement and Waiver and Release of Liability. Monthly payments shall be due on the same date each month which corresponds with the date on which the user executed the Membership Agreement and Waiver and Release of Liability. 

Use. Only those individuals who have executed a Membership Agreement and Waiver and Release of Liability and paid their monthly membership fee may use the Facility, no guests are permitted. Users are expected to rack their weights and return equipment to its designated areas. After users have finished their workout, users are expected to wipe down and appropriately clean the equipment. Users shall exercise due care and shall avoid any exercise, training, or lifting which is beyond their physical ability. 

Minors. No individual under the age of eighteen (18) shall be permitted to enter upon or use any of the equipment at the Facility. NO EXCEPTIONS. 

Personal Conduct. Users agree to respect the personal space of other users, use appropriate language, and conduct themselves in an orderly and respectful manner. The Facility prohibits the use of inappropriate or disrespectful language, including but not limited to offensive or bigoted slurs. Any forms of harassment, disorderly conduct, or violence will not be tolerated. If a user experiences any of the above they should immediately report the incident to Carmen Skildum.

Access and Tailgating. Upon completion of the Membership Agreement and Waiver and Release of Liability, users will be presented with a personal access code to be used for that user ONLY. Tailgating, or the act of allowing someone, including authorized users, to enter the Facility without entering their access code is expressly prohibited

Food and Beverage. Beverages consumed during workouts must be in a non-glass container with a lid. Spills must be cleaned immediately. Food shall not be brought into the Facility for consumption.

Physical Training. Physical training offered at the Facility in both individual and group settings is conducted by both Lynx Fit staff and independent trainers. Independent trainers are not affiliated with Grand Marais Barbell, LLC. Users acknowledge that they are in adequate physical condition to participate in exercise despite any current medical conditions they may possess and agree to disclose necessary injuries or conditions with their physical trainer as is appropriate. Users assume the risk of physical injury from any advice, instruction, or action conducted during or as a result of a session with a physical trainer. Users agree that any discomfort, distress, or uncomfortable feelings will immediately be brought to the attention of the physical trainer. Trainers make recommendations, but users must take responsibility for making their own safety and fitness decisions. Users will not hold the Facility or its affiliates, agents, or any other entity or individual connected to them, either directly or indirectly, liable for any result from the sessions. Users assume all responsibility for their participation in physical training sessions.

Group Classes and Activities. Users assume all responsibility for their participation in group classes and/or activities. The Facility expressly reserves the right from time to time, and in its sole discretion, to initiate, permit, change, cancel or discontinue classes or group activities. Whenever possible, the Facility will attempt to give adequate notice to users if classes or group activities are scheduled, changed, canceled, or discontinued.

Clothing. Users must wear clean and appropriate athletic attire when making use of the Facility. Any conventional exercise attire is permissible. Clothing with offensive messages and clothing that may present health or safety hazards or may damage club equipment is not allowed. For example, open-toed shoes or sandals, jeans or pants with prominent grommets, and clothing with hateful, lewd, or offensive messaging are not allowed. Any user wishing to listen to their own music shall use headphones so as to not disturb other users. 

Facility Parking Lot. Users are responsible for their safety in the Facility’s parking lot. Users understand that the Facility never intended, nor designed its parking lot to be used as a storage facility and acknowledge that the Facility does not guarantee the security of the property being stored. Users agree to assume full responsibility for any risk of property damage while their vehicle is parked in the Facility’s parking lot.