January 19, 2021
December 2, 2020
PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE, AND INDEMNIFICATION, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER.
ASSUMPTION OF RISK. I understand that there are dangers, hazards and risks ("Risks") of injury or damage ("Injuries") in the use of premises, facilities, equipment, services, activities or products ("Use of Life Time Premises and Services") of Life Time, Inc., its subsidiaries and affiliates, and all of their employees, contracts, officers, directors, agents, representatives, sponsors, volunteers and any other entity or person acting for them, and all of their successors and assigns (collectively, "Life Time"). Risks may include, but are not limited to, slips, trips, collisions, falls, and loss of footing or balance including "slip and falls" and falls from rock climbing structures or fitness equipment; drowning; equipment failure, malfunction or misuse; property theft, loss or damage, including from lockers or vehicles; and other accidents or incidents. Injuries may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries and damages. I understand that Risks and Injuries in the Use of Life Time Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE of LIFE TIME, me, any additional guests including my spouse/partner or children/wards ("Additional Guests"), Life Time members including any sponsoring member ("Members"), and/or other persons including other guests or vendors ("Others"). I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION. On behalf of myself and my spouse/partner, children/wards, Additional Guests, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Life Time from, covenant and agree not to sue Life Time for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Claims") for any injuries to me and any Additional Guests in the Use of Life Time Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF LIFE TIME, me, Additional Guests, Members and/or Others and, if in Canada, any breach by Life Time of the Occupiers’ Liability Act (Ontario)(collectively, "Negligence Claims").
If I, on my own behalf or on behalf of another (including an estate), assert a Negligence Claim against Life Time and/or breach my agreement not to sue Life Time, I will pay all reasonable fees (including attorneys? fees), costs and expenses incurred by Life Time ("Life Time’s Fees and Costs") to defend (1) the Negligence Claims and (2) all other Claims based on the same facts as the Negligence Claim(s). I also agree to defend, indemnify and hold Life Time harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claims) asserted against Life Time by any other person arising out of, resulting from, or caused by the Use of Life Time Premises and Services by me or my Additional Guests. My agreement to defend Li Time means that I will pay all of Life Time’s Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold Life Time harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by Life Time to resolve the Claim.
ELECTRONIC COMMUNICATIONS. I expressly consent to receive electronic messages from Life Time, including messages to advertise or promote products or services ("Marketing Messages") and messages related to my transactions or relationship with Life Time, including membership, purchase of products or services, or amendments to this Guest Usage Agreement ("Transactional Messages").
LIKENESS AND IMAGE RELEASE. I understand that Life Time may take photographs, audio or video recordings, or testimonial accounts that may contain the name, image, voice, likeness or account of me Guest Usage Agreement or my Minor Members (collectively "Images") during the Use of Life Time Premises and Services. I hereby irrevocably consent to and grant Life Time the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Life Time’s use of the Images for commercial and promotional use, including on corporate or employee social media. Life Time may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Life Time.
ACCURACY OF PERSONAL INFORMATION. I represent and warrant that I am 18 years of age or older and that all the information that I provide to Life Time is current, accurate, complete, and truthful, including but not limited to, all initial and updated registration or membership information, including the legal name, street address, email address, and telephone number related to me or anyone on my account.
GUEST PASS TERMS. Pass good for up to 3 consecutive days at select Life Time locations. Primary guest must be at least 18 years old. Guest registration, tour with an Account Manager and photo ID required. Limit 1 pass per individual, couple, family living in the same residence per 6 month period. Pass subject to club policies, may be limited to non-peak usage and may exclude the use of the outdoor pools. Pass is non-transferrable and has no cash value.
ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
a) Mandatory Binding Individual Arbitration. Except as expressly provided below, Life Time and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
b) Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
c) Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
d) Claims Not Subject to Arbitration. There are only three exceptions to this Arbitration Agreement:
e) Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
f) Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
g) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
SEVERABILITY. I agree that this Guest Usage Agreement, is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part of this Guest Usage Agreement unenforceable, invalid or void, that part alone shall be severed from this Guest Usage Agreement, and the entire remainder of the Guest Usage Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by applicable law.