Terms and Conditions

Membership Agreement:

Beginning on the date you agree to the following terms and conditions of Pure Training Studio, Inc., (hereinafter known as Pure), it is agreed by and between Pure and you, (individually, if you are the member, and/or as agent or guardian of the Member or responsible party) that you are purchasing a membership or services from Pure according to the terms and conditions of this Membership Agreement, as well as, the Membership Policies & Pure Training Studio, Inc. Rules (collectively termed “Agreement”). Pure may, in its sole discretion, modify the Membership Policies and any Pure Training Studio, Inc. Rule without notice at any time. All signs posted on the premises shall be considered a part of the Rules of Pure. This agreement shall continue on a month-to-month basis until canceled in accordance with Section 3 of this Agreement. If an “End Date” is specified in the Contract Term section above, this Agreement is non-cancelable by Buyer until said “End Date” occurs and written notice of Buyer’s intent to cancel is received by Pure 30-days prior to Buyer’s desired cancelation date, except as specified below and/or in Section 2 of this Agreement. Pure may cancel this agreement without cause at any time. This agreement will not automatically terminate due to Buyer’s lack of facility usage. You, the buyer, may cancel this Agreement at any time prior to midnight of the third business day of Pure after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice or send a fax, which states you, the buyer, are canceling this Agreement, or words of similar effect. Such notice shall be sent to Pure Training Studio, Inc., Post Office Box 427, Mariposa, California, 95338.

Credit/Debit EFT Authorization:

I authorize Pure Training Studio, Inc. to electronically deduct (EFT) my monthly dues, any past unpaid dues, and any other fees, taxes or charges on the 1st day of each month from the provided credit/debit card. The deductions may begin upon the execution of the agreement and shall continue until my membership is terminated, canceled, or I give Pure Training Studio, Inc. 30 days written notice to stop. I understand that if my EFT is returned for non-sufficient funds or any other reason, I will be subject to a $5 return fee as well as any late fees that may apply.

Cosigner/Guardian:

On behalf of my minor child and myself, or as a financial cosigner, I agree to the terms and conditions of this Agreement and the Assumption of Risk & Release of Liability clause below, and I promise to pay any financial obligation that the member does not pay for any reason. I understand that my obligation can only end if the member properly terminates the membership according to this Agreement.

Assumption of Risk and Release of Liability:

By agreeing to these terms and conditions, and in consideration of permission to use the facility of Pure Training Studio, Inc., I release and hold harmless Pure Training Studio, Inc., (Pure), and its officers, directors, agents and employees, from all claims and liability in any way arising from or related to my presence at or use of Pure’s facility or my participation in any Pure activity, now or at any time in the future, including any claim or liability arising from negligence of Pure or any other person. Without limiting the foregoing, I understand (1) that I may be injured due to negligence of Pure or others, including negligent advice, instruction, supervision, design, construction or maintenance, (2) that it is my own responsibility to monitor my medical condition and to ensure activities are safe for me, (3) that there may be no staffing on site while I utilize the Pure Facilities, and (4) that no employee of Pure is authorized to waive or amend this release. I freely accept and fully assume all risk that I can get hurt while participating in or observing activities at Pure, not only in the ways described above, but also in ways that are unknown and unexpected, and even if I follow the instructions or advice of Pure employees. Pure may offer safety instruction and equipment. Such actions shall not alter the fact that Pure has no duty to protect me. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability and express assumption of risk and indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up any right I may have to bring legal action or assert claim against Pure for its negligence, or for any defective products on its premises. I have voluntarily signed this waiver and release and I further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made to me.

Waiver of Liability, Indemnity Agreement, and Assumption of Risk (for Minors and Their Parents):

In consideration of permission to use, today and on all future dates, the property, facilities, and services of Pure Training Studio (hereafter referred to as Pure), the undersigned Participant and Parent(s) or Guardian(s), on behalf of their family, estate, heirs and assigns, do hereby release, waive, covenant not to sue and discharge Pure, its directors, officers, employees, volunteers, independent contractors, related organizations, and agents from liability from any and all claims arising from the ordinary negligence of Pure or any of the aforementioned parties. This agreement applies to 1) personal injury (including death) from accidents or illnesses arising from participation in Pure activities including, but not limited to, organized activities, classes, observation, and individual use of facilities, premises, or equipment; and to 2) any and all claims resulting from damage to, loss of, or theft of property.

Indemnification and Hold Harmless:

The Parent(s) or Guardian(s) also agree to HOLD HARMLESS AND INDEMNIFY Pure from all claims resulting from negligence, intentional torts, and inherent or other risks, and to reimburse them for any expenses incurred as a result of Participant’s involvement in Pure. The Parent(s) or Guardian(s) further agree to pay all costs and attorney’s fees incurred by Pure in investigating and defending a claim or suit if the claim is withdrawn, or to the extent a court or arbitration determines that Pure is not responsible for the injury or loss.

Assumption of Risks:

Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Pure has facilities for and provides for activities such as weight lifting, walking, jogging and running, aerobic activities, and spinning. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system.

The specific risks vary from one activity to another, but in each activity the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, broken bones, joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries including paralysis and death.

The Participant and Parent(s) or Guardian(s) have read the previous paragraphs and 1) know the nature of the activities at Pure, 2) understand the demands of those activities relative to the Participant’s physical condition and skill level, and 3) appreciate the types of injuries which may occur as a result of activities made possible by Pure. The Participant and Parent(s) or Guardian(s) herby assert that participation is voluntary and that the Participant and Parent(s) or Guardian(s) knowingly assume all such risks.

Severability and Venue:

The Participant and Parent(s) or Guardian(s) further expressly agree that this waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, the Participant and Parent(s) or Guardian(s) agree that if legal action is brought, it must be brought in the State of California.

Acknowledgement of Understanding:

The Participant and Parent(s) or Guardian(s) have read this waiver of liability, indemnification agreement, and assumption of risk and fully understand its terms. By agreeing to these terms and conditions, it is understood that Participant is giving up substantial rights, including the right to compensation for injury resulting from ordinary negligence. The Participant and Parent(s) or Guardian(s) acknowledge that they are entering into this agreement freely and voluntarily, and intend their agreement to be a complete and unconditional release of all liability to the greatest extent allowed by the State of California.

By agreeing to these terms and conditions as Parent or Guardian, I acknowledge that I am consenting to the Participant’s participation and acknowledge that I understand that any and all risks, including that of ordinary negligence, whether known or unknown, are expressly assumed by the Participant and the Parent or Guardian and all claims, whether known or unknown are expressly waived in advance. I additionally acknowledge that Participant and Parent or Guardian expressly assume all inherent risks of the activity.

Definition of Membership:

1.1 Nature of Membership. Your membership permits you to use Pure’s premises, facilities, equipment, and services (collectively called “Facilities”) as shown and limited by the membership “Type” and “Class” chosen by you, and further described below. Your membership is non-transferable by you unless you have received written authorization from Pure, which may require a transfer fee to be paid by the transferring member.