APG FITNESS (EAST ANGLIA) Ltd. WAIVER OF LIABILITY

The Waiver of Liability Agreement (the "Agreement") is between APG Fitness (East Anglia) Ltd. (“APG Fitness”) and Ashley Allen , (the ''Client')(individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by APG Fitness and the Client that Client is receiving training services and/or utilising the APG Fitness facilities, for the benefit of the Client, from APG Fitness (East Anglia) Ltd. according to the terms of this Agreement.

RELEASE OF LIABILITY

CLIENT ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF APG FITNESS:

Client acknowledges that the APG Fitness training services used include participation in strenuous physical activities, including, but not limited to, running, weight training, biking, gymnastic movements, various aerobic conditioning, and various nutritional programs offered by APG Fitness (the "physical activities"). Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after Client's participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in APG Fitness physical activities. By signing this agreement, Client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

Client, on behalf of Client, his or her heirs, assignee(s) and next of kin, waives any claims against and releases APG Fitness (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability claims and/or causes of action that Client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in APG Fitness activities, including, but not limited to personal training, nutritional programs, and the physical activities.

ADDITIONAL RULES AND REGULATIONS

The minimum age requirement for membership is 16 years old. Clients ages 16 to 18 must have his/her waiver signed by a parent or legal guardian. All Clients must sign in with the front desk staff and must provide identification (Government issued ID card, Driver’s License, or Passport).

No smoking, drugs, weapons, tools, chewing tobacco, or loitering are allowed on the premises. Additionally, workout bags and glass containers are not allowed on the workout floor. APG Fitness is not responsible for personal property left on or stolen from its premises. Premises are defined as the areas in which services are provided as well as parking lots.

Clients with a service animal are required to check-in at the front desk and notify APG Fitness staff of any accommodation requests they may have. APG Fitness staff will make reasonable accommodations for the Client and service animal in accordance with the law.

APG Fitness reserves the right to refuse entry or membership to anyone that abuses APG Fitness equipment or fixtures, engages in fighting, loud or obnoxious behaviour, or disrespectful behaviour toward the APG Fitness staff, guests, or Clients (are all grounds for immediate suspension and/or termination). Clients agree to allow APG Fitness, its agents, officers, principals, employees and volunteers the use of any and all picture(s), film and/or likeness of Client for marketing, advertising, or teaching purposes. Client also acknowledges that there are security cameras on the premises and that Client may be filmed and recorded. APG Fitness may temporarily take facilities or equipment out of operation for reasonable repairs, modifications, substitutions, or improvements. APG Fitness reserves the right to make changes to the type or quantity of classes or equip- ment offered. APG Fitness reserves the right to modify class schedules or hours of operation during observed holidays.

By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges Client received a completed copy of this agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and APG Fitness. APG Fitness has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.

To cancel this agreement you, the client, may send written notice via email (info@apgfitness.co.uk) or by letter to 9b Regal Lane, Soham, Cambridgeshire CB7 5BA stating that you, the Client, are cancelling this agreement.

APG Fitness recommend a fundamental course before attending a class as the induction to the gym, this is your responsibility to arrange with a coach before attending any classes.

Physical Activity Readiness Questionnaire (PAR-Q)
Whilst physical activity is a cornerstone of a healthy lifestyle, it is subject to risk. In particular, if the answer to any of the following questions is ‘YES’, talk your doctor about those questions and follow their guidance.

APG FITNESS (EAST ANGLIA) Ltd. MEMBERSHIP AGREEMENT

The Membership Agreement (the "Agreement") is between APG Fitness (East Anglia) Ltd. (“APG Fitness”) and you. It is agreed by APG Fitness and you that any services received will be in accordance with this agreement.

1. Gym membership agreement services

1.1 The service being requested is for teaching and coaching, and use of the facilities, designed to develop your fitness and understanding of fitness.

1.2. The agreement is for coaching and online coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.

1.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

2. Your right to cancel

2.1. You may not terminate or cancel the agreement except as follows:

2.1.1. By giving at least 30 days notice at any point. Membership fees will not be refunded if you do not complete the full length of your current month's membership before cancellation.

2.1.2. If by reason of death or disability, you are unable to receive all APG Fitness services for which you are contracted, you and your estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).

3. Your right to hold

3.1. You are injured or sick, or are pregnant and/or have had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of You.

4. Your default

4.1. You shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, APG Fitness shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

4.2. If APG Fitness delays or refrains from exercising any rights under this agreement, APG Fitness does not waive, nor will APG Fitness lose those rights. If APG Fitness accepts late or partial payments from the buyer, APG Fitness does not waive the right to receive full and timely payments and other charges due under this agreement.

4.3. You agree that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns, and anyone claiming by or through you.

5. Enforceability

5.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, you specifically agree that all the terms and conditions are to be enforced and you specifically waive any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.

6. Legal fees

6.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgement.

7. Membership fees

7.1. Membership fees shall be fixed by APG Fitness and may be altered at any time. Members will be notified (via email or through another means of notification) of any changes in the fees prior to the date of the alteration.

7.2. On payment of membership fees, a member is entitled to use APG Fitness facilities with frequency of use relating to the membership type.

7.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the same date of each month or thereabouts depending on what day of the week the date falls on.

7.4. All membership applications, PAR-Q questionnaires and waivers must be completed prior to any physical activity starting.

7.5. APG Fitness reserves the right to reject an application for membership, or refuse admission, without giving any reason.

7.6. Membership fees are payable according to the membership type selected.

7.7. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 2.1.

8. Direct Debit and Recurring Card Payments

8.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between APG Fitness and the member and will automatically continue until APG Fitness is notified otherwise.

9. Use of the Facilities

9.1. A member is entitled to use APG Fitness’s facilities according to their membership providing always that APG Fitness may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of APG Fitness.

10. Social Activities

10.1. The centre reserves the right at any time, and without notice, to set aside facilities for seminars, exhibitions or other activities.

11. Fire Emergency plan

11.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exits which are clearly signed at the end of the gym and convene at the fire safety point.

11.2. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located in key risk areas within the gym should it be necessary to combat flames.

12. Medical Emergency plan

12.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.

12.2. Members with relevant training are encouraged to help and call for the ambulance service.

13. Lost property

13.1. All lost property found on the premises should be handed into the APG Fitness front desk or to a member of staff. APG does not accept any responsibility for left or lost items. Items will be stored for at least one month before possibly being donated to local charities

14. Liability and loss

14.1. The centre’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of APG Fitness, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.

14.2. The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at APG Fitness is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.

14.3. The gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of APG Fitness, its staff or agents.

14.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

14.5. Neither APG Fitness, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by APG Fitness) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

15. Termination of Membership

15.1. Cancellation notices must be received on or before the payment date of which your payment to APG Fitness is taken for expiry before the next payment would have been due. APG Fitness is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.

15.2. APG Fitness reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of APG Fitness rules or misuse of gym facilities, or for any other reason which APG Fitness may deem appropriate.

16. General

16.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of APG Fitness, the facilities and the convenience of members.

16.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.

16.3. APG Fitness reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on APG Fitness by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

17. Data Protection Act

17.1. APG Fitness abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition APG Fitness will use the records to notify you of leisure activities organised by APG Fitness. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

17.2 APG Fitness takes member privacy seriously and follows all GDPR guidelines.

18. Governing Law and Jurisdiction of the Courts

18.1. This agreement shall be governed by and construed with UK Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Courts of the United Kingdom.