Member Provisions
By using the Body First Facility, becoming a member of Body First and/or participating in any in-person programs with Body First you agree adhere to the following member provisions.
MEMBER/PARTICIPANT/GUEST HEALTH WARRANTY
By using the Body First Facility, becoming a member of Body First and/or participating in any Body First Programs you warrant and represent that the you or any family member or guest entitled to use the facilities of the Body First Facility under the terms of membership or program, have no disability, impairment, or ailment preventing you or them from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. You acknowledge and agree that: 1) Body First LLC will rely on the foregoing warranty in issuing the Membership or offering services or programs; 2) Body First LLC shall have no obligation to perform a fitness assessment or similar testing to determine the Member/Participant/Guest’s physical condition; 3) if any fitness assessment or similar testing is performed by the Body First LLC, it is solely for the purpose of providing comparative data with which the Member/Participant/Guest can track progress in a program and is not for diagnostic purposes. 4) Body First LLC shall not be subject to any claim, demand, or injury whatsoever on account of the Body First’s evaluation or interpretation of such fitness assessment or similar testing. 5) Body First LLC shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member, participant and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
Each member/participant/guest of Body First shall be liable for any property damage (beyond normal wear and tear of equipment and facility) and/or personal injury caused by their own actions (or member’s family or guest) at Body First. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Body First Facilities, or participation in, activities operated, arranged or sponsored by Body First LLC either on or off of the Body First LLC‘s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and Body First LLC shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge the Body First LLC, its successors and assigns, as well as its officers, agents, and employees from all such claims, demands, actions, or causes of action.
Body First will provide an equipped exercise facility, including indoor courts, a fitness training area, a cardio area, and a free weight training area. Equipment, machines, or areas of the center may be unavailable during a period of repair and maintenance, or K-State Tennis competitions, fitness workshops, special events, programs or private parties, or by Management’s schedule for these events. To keep the facility in the best possible condition, portions of the Body First Wellness and Recreation Center may be unavailable at times for repairs and renovations. Body First reserves the right to close for inclement weather, repairs, holidays, other unexpected circumstances. There will be no adjustment in dues at these times.
Management has the right to suspend and/or terminate facility priveleges for any member/participant/or guest for non-payment of dues, fees, delinquent, or for harassment or other behavior adverse to the enjoyment of Body First by other members, participants, guests, and/or staff for any reason deemed sufficient in the sole discretion of Management.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to The virus that causes COVID-19 is spreading from person-to-person. People are thought to be most contagious when they are symptomatic (the sickest). (1). [1]As a result, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing a mask, and have, in many locations, prohibited the congregation of groups of people.
Body First (“Body First”) has put in place preventative measures to reduce the spread of COVID-19; however, Body First LLC cannot guarantee that you or your child(ren)will not become infected with COVID-19. Further, visiting Body First Wellness and Recreation Center; receiving Body First services, including but not limited to massage therapy, personal training, and tennis lessons; or utilizing the Body First Fitness areas and equipment could increase your risk and your child(ren)’s risk of contracting COVID-19.
By agreeing, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or my child(ren) may be exposed too.
[1] Content source: National Center for Immunization and Respiratory Diseases (NCIRD), Division of Viral Diseases, Center for Disease Control and Prevention; Coronavirus Disease 2019 (COVID-19); Frequently asked Questions; https://www.cdc.gov/coronavirus/2019-ncov/faq.html (Page last reviewed: May 29, 2020)
Body First Facility Policies and Rules has been established to ensure maximum enjoyment and usage of the facilities by all its members and guests The Policies and Rules are subject to change without notice and interpretation by Body First Management.
Policies