THIS MEMBERSHIP AGREEMENT (“Agreement”) is entered into by and between Community-Body-Mind, LLC (“CBM”) and
(“Member”), by and through Member or Member’s parent or legal guardian, if Member is a minor or
Member hereby acknowledges and agrees to pay CBM the full amount of CBM’s then current membership rates for Member’s
Membership Fee (“Membership Fee”), plus applicable gross receipts taxes, on or before the first day of each month. Member
understands that the Membership Fee is subject to change by CBM at any time. Any and all Membership Fees not paid by the fifth
day of each month will result in the automatic termination of Member’s membership in CBM. ______Initial
WAIVER OF LIABILITY AND RELEASE
MEMBER UNDERSTANDS AND IS FULLY AWARE THAT MEMBER WILL BE ENGAGING IN STRENUOUS
PHYSICAL EXERCISE AND THAT THE USE OF EXERCISE EQUIPMENT, WEIGHTS, FITNESS TRAINING AND
INSTRUCTION, AND THE CLUB FACILITIES INCLUDING, BUT NOT LIMITED TO, THE SHOWER AREA
(INDIVIDUALLY AND COLLECTIVELY “EQUIPMENT”), COULD CAUSE INJURY TO MEMBER. WITH THIS
KNOWLEDGE, MEMBER IS VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND USING THE
EQUIPMENT AND ASSUMES ALL RISKS OF INJURY THAT MIGHT OCCUR. MEMBER IS ALSO FULLY AWARE
THAT DURING MEMBER’S USE OF THE FACILITY, THERE MAY NOT ALWAYS BE CBM STAFF ON SITE AND
WITH THIS KNOWLEDGE MEMBER AGREES TO ASSUME ALL RISK INVOLVED IN USING THE FACILITIES IN A
COMPLETELY UNSUPERVISED SETTING.
MEMBER HEREBY WAIVES ANY CLAIMS OR RIGHTS THAT MEMBER HAS OR MAY HAVE AGAINST CBM AND
ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUCCESSOR AND ASSIGNS
FOR ANY INJURIES OR DAMAGE SUSTAINED AS A RESULT OF THESE ACTIVITIES OR USE OF EQUIPMENT
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS. FURTHER, MEMBER HEREBY WAIVES,
RELEASES, AND FOREVER DISCHARGES AND AGREES TO INDEMNIFY AND HOLD CBM HARMLESS OF AND
FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, CONTRACTS, EXPENSES, CAUSES OF ACTION, LAWSUITS,
DAMAGES AND LIABILITIES, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR
EQUITY, THAT MEMBER HAS OR MAY HAVE, ARISING FROM OR IN ANY WAY RELATED TO MEMBER’S USE
OF ANY OF CBM’S FACILITIES AND EQUIPMENT. ______ Initial
MEMBER HAS CAREFULLY READ THIS WAIVER OF LIABILITY AND RELEASE, AND REPRESENTS THAT
MEMBER IS PHYSICALLY FIT FOR ANY TYPE OF PHYSICAL ACTIVITY IN WHICH MEMBER WILL ENGAGE
AND THAT MEMBER IS NOT AWARE OF ANY REASON WHY MEMBER CANNOT OR SHOULD NOT
PARTICIPATE IN ANY OF THE PHYSICAL ACTIVITIES IN WHICH MEMBER ENGAGES OR USE THE
EQUIPMENT MEMBER CHOOSES TO USE. MEMBER UNDERSTANDS THAT IT IS ALWAYS ADVISABLE TO
CONSULT A PHYSICIAN PRIOR TO ENGAGING IN ANY TYPE OF PHYSICAL EXERCISE PROGRAM AND
MEMBER HEREBY REPRESENTS THAT THERE ARE NO MEDICAL OR HEALTH ISSUES OR LIMITATIONS THAT
PREVENT OR OTHERWISE LIMIT MEMBER FROM PARTICIPATING IN ANY ACTIVITY IN WHICH MEMBER
WILL ENGAGE. MEMBER UNDERSTANDS THAT IT IS MEMBER’S RESPONSIBILITY TO REGULATE THE
ACTIVITIES IN WHICH MEMBER PARTICIPATES AND TO REGULATE THE SCOPE AND INTENSITY OF
MEMBER’S PARTICIPATION IN ANY ACTIVITY SO THAT MEMBER IS NOT OVERTAXED AND MEMBER
AGREES TO DO SO.
General Terms and Conditions
Member hereby acknowledges and understands that photographs and/or videotaped recordings may be taken of the CBM facilities and
its members including Member. Such photographs may and will be used by CBM in advertising and marketing its programs and
facilities using all forms of media including, but not limited to, the internet and social media. Member hereby grants CBM the right to
use Member’s images and photos in any advertising and marketing of CBM’s programs or facilities. Member further understand that
said photos and images are the sole and exclusive property of CBM.
In the event of an emergency or non-emergency situation requiring medical treatment for an injury or illness sustained by Member,
Member hereby grants CBM permission for any and all medical and/or dental attention to be administered to Member until such time
as Member or Member’s authorized representative is capable of making said decisions. This permission includes, but is not limited to,
the administration of first aid and the use of an ambulance and/or other emergency transportation. Member hereby acknowledges and
understands Member will be responsible for all fees and costs incurred in providing medical and/or dental attention to Member and
Member will indemnify and/or reimburse CBM for any costs incurred by CBM regarding same. MEMBER AGREES TO
INDEMNIFY AND HOLD CBM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, CONTRACTS,
EXPENSES, CAUSES OF ACTION, LAWSUITS, DAMAGES AND LIABILITIES OF EVERY KIND AND NATURE,
KNOWN OR UNKNOWN, IN LAW OR EQUITY, THAT MEMBER HAS OR MAY HAVE, ARISING FROM OR IN ANY
WAY RELATED TO CBM RENDERING OR ADMINISTERING ANY MEDICAL, DENTAL, OR OTHER SUCH AID, TO
MEMBER, PROVIDED THAT THIS WAIVER OF LIABILITY AND RELEASE DOES NOT APPLY TO ANY ACTS OF
GROSS NEGLIGENCE OF CBM OR INTENTIONAL, WILLFUL OR WANTON MISCONDUCT BY CBM. ______ Initial
Member understands that Member is expected and required to follow any and all current rules and regulations then in effect
established by CBM, as they may be changed from time to time. CBM reserves the right to add and/or amend the rules and
regulations that govern membership. Member further understands that Member’s membership with CBM may be revoked at anytime,
without refund, for any violation of CBM’s rules and regulations, no matter how minor.
Member agrees that in the event Member damages any Equipment due to violations of CBM’s rules and regulations or due to my
misuse of the Equipment, Member is responsible for the costs incurred by CBM for repairing and/or replacing said Equipment.
Member shall pay CBM’s reasonable costs and expenses, including attorney’s fees, incurred by CBM in enforcing any portion or
provision of this Agreement, regardless of whether litigation is commenced or not.
To the extent Member is under the age of eighteen years old, Member shall only be provided with access to the facility during those
hours when CBM has staff available on-site.
Member understands, acknowledges, and agrees that CBM does not employ any personal trainers. While there may be personal
trainers present within the facility from time to time as a result of such persons renting floor space and the ability to use CBM’s
equipment, any and all such personal trainers are not employed or contracted by CBM to provide personal training services on behalf
of CBM or its Members. TO THE EXTENT THAT MEMBER SHOULD ENGAGE THE SERVICES OF ANY PERSONAL
TRAINER AUTHORIZED TO USE THE FITNESS SPACE, ANY AND ALL SERVICES, OBLIGATIONS,
RESPONSIBILITIES, AND LIABILITIES ARISING FROM THAT PERSONAL TRAINER ARE SOLELY BETWEEN
MEMBER AND THE PERSONAL TRAINER AND CBM SHALL NOT HAVE ANY LAIBILITY RESULTING FROM
THAT ENGAGEMENT, WITH MEMBER HEREBY EXPRESSLY WAIVING AND RELEASING CBM FROM ANY AND
ALL SUCH CLAIMS.
This Agreement shall be governed, interpreted, construed and regulated by the laws of the State of New Mexico and jurisdiction and
venue shall lie solely and exclusively with the Second Judicial District Court, County of Bernalillo, State of New Mexico.
Member understands and agrees that this Agreement contains the entire agreement between Member and CBM and supersedes any
and all prior agreements, arrangements, or understandings, whether written or oral, between them relating to the subject matter hereof
and that no oral understandings, statements, promises or inducements contrary to the provisions set forth in this Agreement exist. This
Agreement may not be modified or amended except by written agreement, duly executed by Member and CBM.