Waiver of Liability for Hampstead Athletic Club Use

Agreement to Participate and Assumption of Risk: By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “classes” and “facilities”) of Hampstead Athletic Club (or “H.A.C.”) and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling, running, and exercise equipment in association with the classes and facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; to (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the H.A.C. staff, you would be at physical risk participating in Hampstead Athletic Club’s classes, you understand and agree that you may be denied access to the classes and facilities until you furnish Hampstead Athletic Club with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing H.A.C.’s concerns and stating that Hampstead Athletic Club’s concerns are unfounded.

In consideration of being allowed to participate in and access the classes and facilities, you hereby: (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the classes and facilities, (2) release, indemnify, and hold harmless Hampstead Athletic Club, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the classes or use of the facilities, and (3) represent that you (a.) have no medical or physical condition that would prevent you from properly using any of Hampstead Athletic Club’s classes and facilities, (b.) do not have a physical or mental condition that would put you in any physical or medical danger, and (c.) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using H.A.C.’s classes and facilities, and should not be participating in any classes.

Personal Responsibility: By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

Hampstead Athletic Club - Hold Harmless: In consideration of my use of the exercise equipment and facilities provided by the H.A.C., I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, independent contractors, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. I expressly agree to indemnify and hold Hampstead Athletic Club harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained.

Hampstead Community - Hold Harmless: I understand that some classes or events may be located outdoors or indoors throughout the Hampstead community. As I am desirous of using the Hampstead community including its streets, sidewalks, or possible Residential Amenities and will be supervised by H.A.C. staff, I agree to adhere to any and all Rules and Regulations that are posted at any Hampstead amenity location. I further agree to indemnify and hold harmless the Hampstead Residential and Commercial Associations, those Directors, those Members, their Employees, their Agents, the Developer, its Agents and its Employees from any and all claims, losses, suits, damages, judgments, expenses, costs and charges of every kind and nature, from any injury and damage to me resulting from the use of any of the Hampstead community amenities and property.

Personal Safety: I agree to be solely responsible for the safety and well being of myself. I understand that H.A.C. does not provide supervision, instruction, or assistance for the use of the facilities and equipment. I also understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.

Club Rules Compliance: I agree to comply with all rules imposed by the H.A.C. regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

Personal Property: I understand and agree that the H.A.C. is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and the Hampstead Athletic Club furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE, AND RELEASE the Hampstead Athletic Club, its officers, agents, contractors, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Hampstead Athletic Club gym, classes, programs, events and personal training sessions.

Hampstead Athletic Club : Membership Agreement

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Hampstead Athletic Club LLC., located at 5272 Hampstead High Street, Unit 100, Montgomery, AL 36116 (“Hampstead Athletic Club” or “H.A.C.”), and you the member. Please review this Agreement thoroughly as it is a legal contract between Hampstead Athletic Club and all members. By using the services offered at Hampstead Athletic Club, members are agreeing to the terms of this Agreement.

Hampstead Athletic Club is a boutique fitness gym offering a member-accessed gym facility at set times, as well as group fitness classes, programs, events, and personal training sessions. This Membership Agreement entitles members access to utilize the gym facilities/equipment, participate in group classes (with class package purchase), personal training (with training package purchase), in addition to the enjoyment of other amenities offered including but not limited to: lockers, changing rooms, and showers, unless noted otherwise.

RULES OF USE AND MEMBERSHIP

Hampstead Athletic Club is for use by adults only, specifically persons age 18 and older. No children are allowed inside the facility and no childcare is available. As a member of the gym, you understand that the facility functions as both a self-accessed gym via security controlled-member electronic cards, and as an instructor-led group class facility. You understand and acknowledge that there will not be staff available at all times, and agree to bide by ethics of common decency when staff is not on-site. Members may not bring in guests or non-members to the facility. Not all rules and regulations are listed in this Agreement. Hampstead Athletic Club reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by H.A.C.

CONDUCT AND DAMAGES: Hampstead Athletic Club is committed to the health, safety, and welfare of each member and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe H.A.C.’s rules and regulations or who abuse equipment in any fashion will be asked to leave. H.A.C. has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to H.A.C. property which results from the willful or negligent conduct of any member. Damage to or loss of your Membership Card(s) will result in a $25 Card Replacement Fee which will be billed
to your account.

PURCHASES & PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Monthly membership payments shall be paid on the calendar date which the membership became activated, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below. In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to the Hampstead Athletic Club via e-mail at: info@hampsteadathleticclub.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

PACKAGE PURCHASES: By purchasing a package from the H.A.C., you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. All members are required to keep a bank account or current credit card on file.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their H.A.C. account online. By placing a current card on file, the card holder and account holder gives permission to the Hampstead Athletic Club staff to charge the card for any auto-debit packages, freeze fees, and cancellation fees accrued in accordance with the H.A.C. cancellation policy detailed above.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize H.A.C. to, on a recurring basis, automatically charge the bank account or credit/debit card you specified, for the monthly payments on your unlimited auto-debit plan associated with your account on the billing due date. You understand and acknowledge that: (1) H.A.C. will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with freeze fees per the freeze policy or cancellation fees per the cancellation policy. H.A.C. may discontinue processing of recurring charges if it is unable to secure funds from your bank account or credit/debit card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the H.A.C. booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your bank account or credit/debit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via e-mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current bank account or credit/debit card on file with accurate billing information. H.A.C. can not be held responsible for errors in processing due to expired or inaccurate information.

BOOKING & CLASS CANCELLATION POLICIES

RESERVING CLASSES: Members are solely responsible for the booking and canceling of their classes. Members may reserve class spots online through their account or through the Mind Body app.

SIGN-IN: Members are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a member does not enter their classroom by this time, it is considered a no-show and H.A.C. reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

CANCELLATIONS: Reservations may be canceled without penalty by canceling up to 12 hours prior to the class start time. This may be done online via a member’s account. Once the class is canceled within this time, the class will be returned to the member’s account, and the member will not be charged the cancellation fee. Cancellations submitted via electronic mail (e-mail), Facebook Messenger, social media platforms, voice message, and text message are not valid and the member will be charged.

CLASS PACKAGES: If you do not cancel within the 12-hour window, a late-cancel fee of $15 will be charged to your account and the class will be returned. If you do not cancel and do not show up to your scheduled class, a no-show fee of $22 will be charged to your account and the class will be deducted from your package. If you do not have a working card on file, your class will be forfeited instead. If you book multiple classes, or waitlist multiple classes, you are solely responsible for canceling your classes within the bounds of the cancellation policy outlined above. H.A.C. can not be held responsible for accidental bookings by members, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a waitlist, YOU are solely responsible for managing your bookings and for canceling your classes within the bounds of the cancellation policy. The system will auto-populate members into a class from the waitlist as soon as other members with confirmed spots cancel, and class slots will be assigned as such. H.A.C. cannot move class slots for members in classes that are completely full with waitlists.

CANCELLATION OF AGREEMENT BY A MEMBER

NOTICE OF INTENT TO CANCEL: You, the member, may choose to cancel this Membership Agreement at any time prior to midnight of the third (3rd) business day after the origination date of this Agreement (excluding Sundays and holidays). To cancel this Membership Agreement, you must provide Hampstead Athletic Club with a notice of your intent to cancel. Notices must be signed, printed, and dated. Notices can be sent via e-mail at: info@hampsteadathleticclub.com from an e-mail address on file with the H.A.C., first-class mail, or delivered in person to Hampstead Athletic Club at: 5272 Hampstead High Street, Unit 100, Montgomery, AL 36116. Cancellation Notices must be received no less than thirty (30) days prior to the date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will then take affect the subsequent month. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.

MEMBERSHIP CARDS: Your H.A.C. Membership Cards must be returned before or upon the last day of your membership. Failure to return the security access cards will result in $25 fee per card being charged to your account.

CANCELLATION DUE TO DISABILITY, DEATH OR MOVE: This Membership Agreement may be canceled upon receipt of written notice via e-mail or a letter mailed first-class in the event of: (1) the death or disability of the member, and the member is unable to receive all of Hampstead Athletic Club’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from the H.A.C. The member shall provide proof of new residence.

OUTSTANDING PAYMENTS: If, at the time of receipt of your cancellation notice, you have outstanding payments owed to the H.A.C., these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and the H.A.C. reserves the right to pursue additional avenues or means to receive monies owed.

PHOTO AND VIDEO RELEASE

By signing this Agreement, you hereby grant Hampstead Athletic Club, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at H.A.C. and to use and publish these photos or videos in print and/or electronically. You agree that H.A.C. may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

PRIVACY POLICY

Hampstead Athletic Club respects your privacy and will not share, sell, or publish your email, contact information, or any of your personal information with any outside party.