ACKNOWLEDGEMENTS AND WAIVER & RELEASE OF LIABILITY

Impact Ultra Fitness, LLC & Milwaukee Fitness Collective ("IUF")

Member/Client (hereinafter "Client"). Client agrees, in addition to the terms and conditions of their written agreement with Impact Ultra Fitness, LLC to be bound by the following Terms and Conditions of Service. 

Client acknowledges that seeking a doctor’s approval before beginning any health/fitness/nutrition program is good practice. The purpose of Impact Ultra Fitness, LLC & the Milwaukee Fitness Collective is to provide fitness passports for various levels of athletes/individuals. Clients acknowledge that the following was explained to me and agrees as follows:

1. Acknowledges that the Milwaukee Fitness Collective or any staff members employed at each partner clubs are not physicians and are not trained in any way to provide medical diagnosis, medical treatment, or any other type of medical advice.

2. Acknowledges that coaching/training is another tool for teaching athletes/individuals about themselves, but that the clubs do not guarantee neither good nor bad will occur nor guarantees the training advice given by club staff and/or instructors will produce good nor bad results.

3. Acknowledges that the undersigned has been told if they feel tired, feel pain or feel out of the ordinary in any way either related to your training, or otherwise, that the undersigned should contact a physician immediately.

4. Acknowledges that boot camps, aerobic classes, martial arts, self-defense, boxing, krav maga, muay thai, kick boxing, running, kung-fu, weight training, obstacle courses, and any other related sports are an extreme test of one's mental and physical limits and carry with it potential for damage or loss of property, serious injury and death. That the undersigned assumes the risks of participating in these types of events/activities including the elements of a natural environment, that they are fit, and they have a regular medical physician they can contact regarding any medical problems that they might develop.

WAIVER AND RELEASE OF LIABILITY. Please read this carefully and be aware that, in electronically signing, you will be waiving and releasing all claims for injuries, including death, that you might sustain arising out of the use of the clubs or participation in the Milwaukee Fitness Collective programs and/or exercise classes.
 
I, the undersigned, by electronically signing the Milwaukee Fitness Collective Passport Purchase form, do hereby acknowledge and agree to release Impact Ultra Fitness, LLC ("IUF") and all Milwaukee Fitness Collective owners, agents, employees and representatives from any and all claims for injuries that may arise out of or are associated with my use of the IUF facilities or participation in Milwaukee Fitness Collective programs and/or exercise classes.
 
I am aware that there are risks associated with the use of the Milwaukee Fitness Collective facilities and agree and understand that I am assuming the risks associated with the use of the IUF facilities and all equipment contained therein, and participation in IUF fitness programs and/or exercise classes including the risk of injury and death.

 

I HEREBY RELEASE, WAIVE AND RELINQUISH ANY AND ALL CLAIMS THAT I MAY HAVE AGAINST IMPACT ULTRA FITNESS, LLC & MILWAUKEE FITNESS COLLECTIVE AND ITS DIRECTORS, OFFICERS, OWNERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES AS A RESULT OF MY USE OF THE IUF FACILITIES OR MY PARTICIPATION IN MILWAUKEE FITNESS COLLECTIVE PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING ANY CLAIMS FOR NEGLIGENCE, BUT NOT INCLUDING CLAIMS FOR ANY INTENTIONAL OR RECKLESS ACTS. I DO HEREBY FULLY RELEASE AND DISCHARGE IMPACT ULTRA FITNESS & MILWAUKEE FITNESS COLLECTIVE AND ITS DIRECTORS, OFFICERS, OWNERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM ANY AND ALL CLAIMS FROM INJURIES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE IUF FACILITIES OR PARTICIPATION IN IUF FITNESS PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING DEATH, DAMAGE OR LOSS WHICH I MAY HAVE OR WHICH MAY ACCRUE TO ME ON ACCOUNT OF MY USE OF THE IUF FACILITIES OR PARTICIPATION IN IUF FITNESS PROGRAMS AND/OR EXERCISE CLASSES, INCLUDING ALL CLAIMS FOR NEGLIGENCE ON THE PART OF IMPACT ULTRA FITNESS, LLC & MILWAUKEE FITNESS COLLECTIVE IN CONNECTION THEREWITH BUT NOT INCLUDING CLAIMS FOR ANY INTENTIONAL OR RECKLESS ACTS.

I have read and fully understand the aforementioned Waiver and Release of Liability. I have considered that, if this Waiver and Release of Liability was not as broad as it is, the cost for my use of the IUF facilities or participation in IUF fitness programs and/or exercise classes would be considerably higher, and as I do not wish to pay a considerably higher cost, I waive the right to bargain for different terms for this Waiver and Release of Liability.

 

TERMS & CONDITIONS OF SERVICE

Impact Ultra Fitness, LLC & Milwaukee Fitness Collective ("IUF")

By electronically signing the Impact Ultra Fitness, LLC & Milwaukee Fitness Collective Passport Purchase form you agree to the the terms and conditions of our service. And acknowledge and agree that any future purchase of our services would be based on your acknowledged agreement to these terms and conditions.

SALES & MEMBERSHIP POLICY. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your passport dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase the passport dues by the amount of such increase. If you have requested the privilege of paying the passport dues by preauthorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this Agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, Mind Body Online, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $5.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this Agreement.

NOTICE. ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED. PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS
You may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive, but may involve financial risks to you. Read this notice carefully before making a decision. Wisconsin State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes.
 
Any and all of Milwaukee Fitness Collective services which are or are not paid-in-full, not limited to, but include Passports are non-refundable.
 
FREEZES. Passport freezes are not allowed. Once the Passport is picked up from the designated location, the expiration date can't be extended beyond 30 days.
 
TRANSFERS. Passports may not be transferred to anyone.
 
ELECTRONIC FUNDS TRANSFER (EFT). Passport services can be paid in full or through electronic funds transfer (EFT) via checking/savings debit card or credit card.