Agreement required at Membership/Class Sign-up:
TERMS AND CONDITIONS​

NOTICE TO CONSUMER: You shall be entitled to a copy of this contract at the time that you sign it, should you request a copy of same.

LEGAL GUARDIAN: Any Client who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such Client hereunder and shall be bound by all terms and conditions of this Agreement.

RULES AND REGULATIONS: Client acknowledges the existence of and the need for rules and regulations governing use of Burley’s Gym’s equipment and facilities and participation in programs and services (the “Rules and Regulations”). Client agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Burley’s Gym reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Burley’s Gym may cancel Client’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Burley’s Gym in its sole discretion, and Client will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation.

POSTING OF PETITIONS, NOTICES, ETC: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Burley’s Gym’s facility, unless such a document is first submitted and approved by the management of Burley’s Gym.

LIABILITY FOR PERSONAL PROPERTY: Burley’s Gym shall not be liable to Client or any of Client’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Burley’s Gym’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Client shall be liable to Burley’s Gym for any damage to Burley’s Gym’s facilities or any equipment, furniture or fixture located thereon caused by Client or any Client’s guests or invitees.

PAYMENT DEFAULT: If Client fails to pay the membership fee(s) under this Agreement, Burley’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Client’s membership and to require Client to immediately pay any and all past due balances. Suspension or cancellation shall not relieve Client from the obligation to pay any unpaid balances.

HEALTH REPRESENTATIONS AND AGREEMENTS: Client represents and warrants to Burley’s Gym that Client is in good physical condition and has no medical reason or impairment that could prevent Client from his or her intended use of the facilities of Burley’s Gym’s. Client acknowledges that Burley’s Gym has not provided Client any medical advice before Client became a member of Burley’s Gym and cannot give Client any such advice after Client joins Burley’s Gym, whether related to Client’s physical condition and ability to use the facilities and services of Burley’s Gym or otherwise. Client acknowledges and agrees that Client will discuss any health or medical concerns with Client’s physician or other health professional before becoming a member of Burley’s Gym.

WAIVER OF LIABILITY: ASSUMPTION OF RISK: Client acknowledges that the use of any Burley’s Gym’s equipment, services and programs involves an inherent risk of personal injury to Client and Client’s guests and invitees. Client voluntarily agrees to assume all risks of personal injury to Client, Client’s spouse, children, unborn children, other family members, guests or invitees and waives any and all claims or actions that Client may have against Burley’s Gym and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury (and no such person shall be liable to Client, Client’s spouse, children, unborn children, other family members, guest or invitees for any such personal injury), including without limitation (i) injuries arising from use of any exercise equipment and machines, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, turf areas, basketball court, or other areas of Burley’s Gym, (iii) injuries or medical disorders and resulting from exercising at Burley’s Gym including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within Burley’s Gym’s facility, Client acknowledges that (x) Burley’s Gym does not manufacture any of the fitness or other equipment at its facility; accordingly, neither Burley’s Gym nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Client shall indemnify Burley’s Gym and their respective officer, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburses any such Indemnified Party as and when incurred for any losses which such Indemnified party may suffer, sustain or become subject to, as a result of, in connections with relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. Should any Client have suffered an injury or have a health condition that requires physician supervision or approval for exercise, a doctors note will be required prior to becoming a member or continuing a membership with Burley’s Gym. The provisions of this paragraph shall survive the termination of this Agreement and Client’s membership.

PHOTO RELEASE: Client herby authorizes Burley’s Gym the right to take, edit, copy, exhibit, publish and make use of any and all pictures or video taken of Client to be used in and/or for legally promotional materials including, but not limited to, flyers, posters, brochures, advertisements, and submissions to social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless Client otherwise revokes said authorization in writing.