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- Flexx Fitness and any of its employees, owners, agents, representatives, or assignees, reserve the right in its sole discretion to refuse entry, or to remove Participant(s), including his/her Guest (hereinafter used interchangeably as “Guest” or “Participant”) from Flexx Fitness property (the “Facility”) or from participation in any activity organized by Flexx Fitness outside the Facility, including but not limited to guided instruction in the outdoors (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by Flexx Fitness shall be in its sole discretion.
- Flexx Fitness shall not be responsible for the safekeeping, loss, theft, or damage of any
Participant’s property or the property of any Guest of Participant that is brought into the Facility or
brought on any Outside Activity.
- Participant shall comply with and observe all rules and regulations of Flexx Fitness and the
terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
- Should Participant or his/her Guests damage or break any of Flexx Fitness equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such
equipment or property.
- Flexx Fitness is authorized by the Participant to use, store, or transfer, as Flexx Fitness may consider necessary, the Participant’s personal likeness, for any and all purposes in connection with the Facility and services provided by Flexx Fitness and/or for the purpose of promoting, improving, and furthering the interest of Flexx Fitness. Participant acknowledges this may include posting their photos and/or names online, and/or in publications, and/or marketing materials.
- Any delay or failure by Flexx Fitness to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any or such right or remedy.
- The terms and conditions herein (as amended from time to time) constitute the entire agreement between Participant and Flexx Fitness (other than Flexx Fitness Membership Agreement if Participant is a Member) regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings, arrangements, written or oral, between the Participant and Flexx Fitness in relation to such matters.
- In the event of an emergency, Flexx Fitness is authorized to notify the person(s) listed under Participant’s emergency contact information.