a. Medical Recommendations. Member should consult with his or her physician or have a physical examination before using any of the Club’s facilities or enrolling in any of the Club’s classes, especially if Member is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.
b. Orientation. Member is strongly encouraged to request and take advantage of the free initial orientation (including bike fitting) and ongoing support available to ensure the proper and safe use of all of the Club’s equipment.
c. Member Conduct. Member shall not use any Club facility, service or equipment in such a way as to endanger the health or safety of Member or others. Member shall be responsible for any property damage or personal injury caused by Member or his or her guests. Member agrees not to violate any laws while in a Club.
d. Activity Risk. Any strenuous athletic or physical activity involves certain risks. Member and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Club facilities. The Club cannot guarantee that any facility or equipment is free of risk. Member agrees to use care in the use of Club facilities, equipment and services and to protect against accidents by other members.
e. Medical Disclaimer. Member has been informed and acknowledges that the Club makes no claims as to medical or fitness results that can or may be obtained through use of the Club’s facilities, equipment or services. The Club has neither suggested nor will suggest any medical treatment to Member. Only licensed medical professionals are qualified to give medical advice.
f. Member’s Health Warranty. Member represents that: (i) there are no medical or physical conditions that would preclude his or her use of the Club’s facilities; (ii) he or she has not been instructed by any physician not to use Club; and (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
g. Member Release and Indemnity. By checking the box to signify agreement with the Terms and Conditions Agreement and/or by attending classes or otherwise participating in Club activities, Member hereby acknowledges and agrees that there are inherent risks in indoor cycling and exercise and in using the equipment associated with the Club’s classes or instruction. Member assumes full responsibility for his or her use of the Club’s facilities and shall indemnify Steel Wheels, LLC and its shareholders, affiliates, agents and employees against any and all liability arising out of the use of the facilities. Additionally, Member and his or her guests shall hold the Club harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of Club and membership activities.
h. Prevailing Party. In the event Member commences an action against the Club or its shareholders, affiliates, agents or employees and fails to obtain judgment or partial judgment in Member’s favor, Member shall be liable to the Club for all costs and expenses associated with Club’s defense of the action or any claims on which Member did not prevail, including attorney’s fees and costs.
i. Costs of Collection. Member agrees to pay all costs plus reasonable attorney’s and collection fees in connection with Club’s (or Club’s designee’s) collection of any amounts owed by Member.
j. Loss of Property. Member is urged not to bring valuables onto Club premises and to keep valuables with him or her at all times. The Club shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).