PLEASE READ CAREFULLY. THIS WAIVER, RELEASE AND ARBITRATION AGREEMENT CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION.
Assumption of Risk; Waiver; Release: I acknowledge that I have many choices regarding health and fitness facilities. By signing this Waiver, Release and Arbitration Agreement (this “Agreement”), I indicate my understanding and expressly agree that my use of this or any other Planet Fitness facility involves the inherent risk of injury to me whether caused by me or others. I understand that these risks can range from minor injuries/illness to major injuries/illness, including, without limitation, infectious disease and death. I understand that it is not possible to prevent against the presence of infectious diseases. I acknowledge that my use of a Planet Fitness facility and any equipment or service in a Planet Fitness facility is entirely voluntary. I acknowledge that use of a Planet Fitness facility and any equipment or service in a Planet Fitness facility is not the only option available to me to engage in physical activity, exercise, or otherwise; however, I voluntarily elect to use a Planet Fitness facility.
In consideration of my participation in the activities and use of the facilities and premises, including, without limitation, the exercise equipment, classes, programs, instruction, locker room, massage beds/chairs, parking lot, and sidewalks at a Planet Fitness location, I understand and voluntarily assume and accept the known and unknown risks associated with my activities and use of any Planet Fitness facility and agree that I WILL NOT SUE Planet Fitness Franchising LLC, its parents, subsidiaries, affiliates, and franchisees, and any of its or their respective officers, directors, employees, members, agents and/or independent contractors (collectively, “Planet Fitness”) and RELEASE Planet Fitness from liability for any claims or demands of any kind for any injury, including, without limitation, personal, bodily, or mental injury or illness, including infectious disease and death, economic loss, or any damage to me, my spouse, domestic partner, guests, born or unborn child(ren) or relatives, resulting directly or indirectly from the active or passive negligence of Planet Fitness, anyone on Planet Fitness’ behalf, or any member or guest, arising out of or relating to my participation in the activities or use of the facilities and premises. I further agree that Planet Fitness shall not be held liable for any possible defects in the premises where the Planet Fitness facility is located, and therefore RELEASE Planet Fitness from any claims of negligence relating to the condition and/or maintenance of the premises, including, without limitation, security, slipping and falling while in the facility or on the facility’s premises. I further understand and acknowledge that Planet Fitness does not manufacture fitness or other equipment in its facilities, but purchases and/or leases equipment and therefore I RELEASE Planet Fitness from any and all liability relating to the condition of the equipment, including, without limitation, any claims of negligence regarding the maintenance of that equipment. I understand and agree that any equipment in Planet Fitness facilities is “as is”, and that Planet Fitness disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. This Agreement applies to my use of this Planet Fitness facility as well as any other Planet Fitness facility I visit in the future in connection with High School Summer Pass™. This section of the Agreement does not apply to my visits to any Planet Fitness facility located in Louisiana, Montana, Virginia, Wisconsin, Puerto Rico, or where prohibited by applicable law, but I agree that the remainder of this Agreement applies to my use of all Planet Fitness facilities regardless of where they are located to the fullest extent allowed by law.
In connection with my use of Planet Fitness facilities, equipment, and services, I also understand and agree that Planet Fitness may collect my personal data, such as my first and last name and email. I will keep my information updated at all times. I acknowledge and agree that Planet Fitness may process my personal data as described in its Privacy Policy (https://www.planetfitness.com/privacy-policy) and State Privacy Rights notice (https://www.planetfitness.com/ privacy-policy/your-privacy-rights) or as otherwise disclosed to me, including to provide, operate, analyze, and improve Planet Fitness facilities, equipment, and services; to communicate with me; and for marketing and advertising, including sharing with third party partners. I recognize that I may have certain rights with respect to my personal data, which are described in the above notices, including the right to opt-out. To exercise my rights I can email Planet Fitness at [email protected] or call 844-880-8170.
Mandatory Arbitration; Class Action Waiver; Waiver of Jury Trial: I agree that, in the event of any dispute, controversy, or claim arising out of or relating to High School Summer Pass™, your use of or access to Planet Fitness facilities, and/or this Agreement, including the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable, to the extent permitted by applicable law SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), PURSUANT TO THE THEN-CURRENT CONSUMER ARBITRATION RULES,EXCEPT THAT YOU AND PLANET FITNESS MAY ASSERT CLAIMS OR SEEK RELIEF IN SMALL CLAIMS COURT IF SUCH CLAIMS QUALIFY AND REMAIN IN SMALL CLAIMS COURT. The AAA’s Consumer Arbitration Rules are available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf or by calling the AAA at 1-800-778-7879. The AAA provides a form Demand for Arbitration available at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER I NOR PLANET FITNESS MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. I UNDERSTAND THAT BY AGREEING TO ARBITRATION I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PLANET FITNESS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and PLANET FITNESS are instead electing to have all disputes resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Choice of Law; Severability: This Agreement shall be governed, interpreted and enforced by and under the laws of the state or territory where the Planet Fitness facility is located where the dispute arises. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the unenforceable provision or provisions will be given effect to the greatest extent possible, and the remaining provisions shall remain in full force and effect.
□ I certify that I am over the age of 18 (or the applicable age of majority in my state) OR ■ □ I am under the age of 18 (or the applicable age of majority in my state) (requires parent/guardian co-signer)
□ I HAVE READ THIS WAIVER, RELEASE AND ARBITRATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, ■ UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
□ By checking this box, I agree that this Agreement may be executed by electronic signature, which shall be deemed the ■ equivalent of my manual signature. I will receive this record by email, or may obtain a hard copy in club upon request. I may withdraw consent for electronic signature and update my contact information in club. I may also update my contact information online by logging into my account via the website or mobile app. Hardware or software requirements for access include a computer or mobile device capable of accessing email as well as email software to access electronic documents.
□ I consent to be bound to the Agreement terms set forth above
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TBD Signed: ________________________________ Date:_____________________________________ Parent/Guardian Authorization: I represent and warrant that: (1) I have read this Waiver, Release and Arbitration Agreement, fully understand its terms, understand that I and the minor who is identified and signed above (the “Minor”) have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement; (2) I am 18 years of age or older; (3) I am the parent/legal guardian of the Minor ; (4) I am authorized to sign this form on the Minor’s behalf; and (5) I consent and agree to all of the foregoing on behalf of myself and the Minor. I agree that this Agreement may be executed by electronic signature, which shall be deemed the equivalent of my manual signature. I hereby agree to be bound, on my own behalf and on behalf of the Minor, by the terms set forth above.
