Online Waiver of Liability Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While this type of injury is relatively rare, it can occur due to a number of factors, including(but not limited to) genetic predisposition or dehydration, that may be beyond the control of my trainer. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with CTOWN Strength & Conditioning , CTOWN CrossFit West or CTOWN CrossFit hereafter “CTOWN”, either at the 1678 Leonard Ave, Cleveland, OH or 4435 West 220th Street, Fairview Park, OH or other locations. I, the undersigned acknowledge that I have no physical impairments or illnesses that I know of that will endanger myself or others. Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at or presented by CTOWN , I, the undersigned hereby release , Inc. and CTOWN , their directors, principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with CTOWN to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child. Indemnification: The participant recognizes that there is risk involved in the types of activities offered by CTOWN . Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless , Inc. and CTOWN , their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by CTOWN . All provisions of this agreement apply and are in force not only for me and any minor children under my custody or case, but additionally any pets which I may bring to the premises or to any CTOWN sponsored or organized activity that may take place on or off CTOWN premises. Photo/Video Release: I hereby grant CTOWN permission to use my photograph/video image in any and all publications for , Inc. or CTOWN , including web site entries, without payment or any other consideration in perpetuity. I hereby authorize CTOWN to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. I hereby hold harmless and release and forever discharge CTOWN from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of my estate which may have or may have by reason of this authorization. I am competent to contract in my own name. I have read this release, and I fully understand the contents, meaning, and impact of this release. I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by electronically signing this form I am waiving valuable legal rights. Terms and Conditions of Billing Cancellation and Other Policies: Under Ohio law you may have the right to cancel this agreement within 3 business days of acceptance. Cancellations within that time will be fully refunded. Cancellations after that time are subject to the below policies and procedures. Membership fees are non-refundable once charged.
All memberships are non-cancellable during the term. Cancellation of any auto-refill punch card must be done with at least 2 punches left on the card.
Cancellation of any auto-renewing memberships must be done at least 15 days prior to renewal date (end of current term).
All Cancellation requests must be made via email to: larry@trainctown.com. Members who have been issued key fobs are required to return key fobs and then submit a membership termination request via email in accordance with the above timelines.
We will notify if your credit card transaction fails due to out-dated billing information. You have 48 hours to log in to the member website, update your information and submit your payment online. If your information is not updated within 48 hours, you will receive a second email, your membership will be suspended and there will be a $20 re-activation fee.
Punch Card Policies: A no show to a scheduled/reserved class results in a deducted punch, unless you remove yourself from the class at least two hours prior online, by phone or by email. Additional One-to-One Cancellation and Other Policies:
Students must coordinate schedules with each other and with coach, classes are not split between different times for different group members on the same One-to-One membership.
Missing and/or no-showing for a scheduled class still deducts a punch from your card.
Cancellations or re-schedules must be requested at least 24 hours in advance.
Not all students are required at each class, but all students are always debited for the class. CTOWN Athletes understand the following: Athletes are required to reserve class times online prior to each workout using ctown.zenplanner.com Athletes are required to "Sign-in" to each workout upon arrival at CTOWN. Athletes understand that if no online reservation is made, a scheduled class may be cancelled by CTOWN without notice or that upon arrival a class may be deemed as FULL by the instructor. Athletes acknowledge that a reserved class that is "no showed" by the athlete still deducts a class for your monthly/weekly or punch card allotment. Athletes acknowledge and accept that the CTOWN schedule is subject to change based on instructor availability and athlete demand. Every effort will be made to keep the schedule as regular as possible. Holidays, special events, weather and/or other matters beyond our control may necessitate changes to the schedule at times. This agreement in-part or in it's entirety may be modified from time to time. If so, CTOWN will communicate the new agreement to all members via email. Your acceptance of this agreement as of this date is prospective and inclusive of any and all future changes to the agreement. At least 7 days notice will be given in advance of any significant and material changes to this agreement taking effect. Authorization to charge credit card: By signing this agreement and completing this online transaction I authorize CTOWN Strength & Conditioning, LLC to charge my credit card monthly and/or as otherwise indicated in my membership options in accordance to the terms stated in this agreement. I understand that this authority will remain in effect until I provide fifteen (15) day written notification to terminate the authorization and return all property of CTOWN. | 