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WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in PHYSICAL FITNESS (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge KEYS TO INTENSITY, located at 810 N Main St Suite 101, Suite 102, Brigham City, Utah 84302, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors,
successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Keys to Intensity to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Keys to Intensity official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Keys to Intensity AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Keys to Intensity FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Keys to Intensity, its agents, and employees.
I agree that this Release shall be governed for all purposes by Utah law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and Keys to Intensity agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact: {contact_name} 

Contact Relationship {contact_relation} 

Contact Telephone {contact_phone}

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY
UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Participant's Name: {name}
Participant's Address: {address}

PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Parent / Guardian Name:
Relationship to Minor:

                                                    {sign_date}

Keys to Intensity, LLC
810 North Main St.
Suite 101, Suite 102
Brigham City, UT 84302
join@keystointensity.com

Keys to Intensity, LLC Gym Membership Contract

This Gym Membership Contract ("Contract") is entered into between the undersigned member
("Member") and Keys to Intensity, LLC, located at 810 North Main St. Brigham City UT, hereinafter
referred to as "The Gym."

1. Membership Details:
   1. Membership Definition: Membership is defined as an individual having the privilege to hold a monthly pass to The Gym predicated on successful monthly payments. Membership is maintained by making a monthly payment, aka “Membership fee.”
   2. Member Primary and Sole Location: 810 North Main St., Suites 101 & 102, Brigham City UT.
   3. Membership Fee: Membership fee is established as a month-to-month payment. The monthly membership fee for each Member is $25.00.  The monthly membership may be cancelled at any time, refer to section 1(h), Cancellation Policy.
   4. Discount: Members who are military personnel, students, or provide a valid discount code are eligible for a 20% discount on the monthly membership fee bringing the monthly membership fee to $20.00. No discount is offered for the daily membership fee.
   5. Facility and Equipment Access: The monthly membership fee provides the Member access to all exercise equipment, water fountains, lavatories, and kitchen/sink area. 
   6. Payment: Membership fee is to be received by the 1st day of each month. Monthly payments may be automatically withdrawn from the Member's provided payment method on the 1st day of each month. In the event that the membership fee is not received by the 5th day of the month the Member will lose access to the facility. Reinstatement of facility access will occur upon received monthly payment.
   7. Cancellation Policy: THE MEMBER MAY CANCEL THE MEMBERSHIP OR RED LIGHT
      THERAPY ACCESS AT ANY TIME BY NOTIFYING THE GYM IN WRITING (INTENT TO
      RESCIND) BY EMAIL OR BY MAIL TO THE FOLLOWING ADDRESSES.  REFER TO SECTION 1(i), REFUND POLICY, FOR EXPLANATION OF
      REFUND. 
      • EMAIL ADDRESS: join@keystointensity.com
      • Phone Number: 435-740-2768
      • MAILING ADDRESS: Keys to Intensity, LLC 810 North Main St., Suite 101 Brigham City, UT 84302
   8. Refund Policy: IF THE MEMBER SUBMITS AN INTENT TO RESCIND THE MEMBERSHIP (CANCELLATION) WITHIN 3 DAYS AFTER THE EXECUTION OF THE CONTRACT OR WITHIN 7 DAYS AFTER MAKING A PAYMENT, A FULL REFUND OF THE MONTHLY MEMBERSHIP FEE FOR THAT MONTH WILL BE ISSUED. IF A CANCELLATION OCCURS AFTER 7 DAYS FROM MAKING A PAYMENT, A PRORATED REFUND OF THE MEMBERSHIP FEE WILL BE EXECUTED BASED ON THE NUMBER OF DAYS REMAINING IN THAT MONTH SINCE THE INTENT TO RESCIND WAS RECEIVED.

   2. Access to the gym: 

                   a. Key Card: Member will be given an access key card when held up to the ID scanner                              outside the door the member will gain access. If the door does not shut behind you                                please pull the door shut. "If key card is lost, misplaced, or destroyed the member may                          obtain a new one for $15.00".

                   b. Phone using the Kisi App: Member can download the KISI app which will be                                             sent via email from KISI. Please refer to section C. 

                   c. KISI Tap to Unlock:

                      Tap to Unlock allows you to unlock doors by tapping your mobile device against the Kisi                        reader, without having to actively use the app.

                      If your organization has enabled Tap to Unlock with Two-factor Authentication, you                                need to unlock your mobile device before tapping it against the Kisi Reader.

   3. Membership Rules and Code of Conduct:

1. 1. 1. Respect: No sexual harassment or bullying of any kind is tolerated. Members are encouraged to uplift one another.
      2. Refusal of Service: The Gym reserves the right to refuse service to anyone.
      3. Hours of Operation: The Gym is open 24 hours a day, 7 days a week, except during repairs or updates to the facility in which you will be notified in advance.
      4. Security: The facility is unmanned and monitored via security cameras for the protection of Members and The Gym. Tailgating is not allowed, and Members should not share access codes. You will be given an access code and/or key card to gain access to the doors of the gym. We pride ourselves on being open 24/7 and abuse of the privileges above may limit gym hour access for everyone so please always be honest, aware of your surroundings, and report any
         suspicious activity to management.
      5. Safety: Use of exercise and spa equipment is inherently dangerous. The Member accepts full responsibility for use of the facility and of any accidents incurred during said use. The Gym will not be held liable for injuries sustained while using the facility (Refer to Waiver and Release of Liability). For the safety of all Members, Members are expected to clean equipment after use. Antiseptic wipes will be provided to clean equipment.
      6. Safety During Winter and Inclement Weather: Members are advised to be cautious during snowy or slick conditions, as The Gym is not liable for slips or falls.
      7. Children: All minors (under 18 years of age) must have a membership for access to The Gym and use of the facility; the parent or guardian of the minor must sign this contract giving consent on behalf the minor to use The Gym facility in accordance with this contract. Children under 16 must be accompanied by an adult at all times.
      8. Prohibited Substances: No alcohol or illicit drug use is allowed on the property. Smoking and vaping are not permitted within 20 feet of the building.
      9. Lost Items: The Gym is not liable for lost or stolen items on the premises or in the parking lot. A lost and found area is available. Please turn in any items that do not belong to you to the lost and found or management so it may be returned.
      10. Equipment Care: Intentional damage to equipment will result in responsibility for the cost of repair or replacement. Members are expected to clean equipment after use, refer to section 2 (e), Safety.
      11. Refusal of Service: The Gym reserves the right to refuse service to anyone.

   4.Termination of Membership: Any violation of the above rules may result in the termination of your gym membership and gym access, pending review by The Gym.

By signing below, the Member acknowledges and agrees to abide by the terms and conditions outlined in this Gym Membership Contract.

Please keep a copy of this contract for your records.

{sign_date}