- DISCLAIMER OF LIABILITY. Sovereign Strength Society, LLC DBA Sovereign Strength Society urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance at any Society facility. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Sovereign Strength Society, its officers, agents, employees, instructors or assigns. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the rest room, sidewalk, parking lot, lobby area, or any other part or item in or around the Sovereign Strength Society facility.
- RULES AND REGULATIONS. MEMBER AGREES TO FOLLOW SOCIETY RULES AS PROMULGATED FROM TIME-TO-TIME. Violation of these rules may be the cause for suspension or cancellation of membership.
- SEVERABILITY. Should any section, paragraph, clause, phrase, or provision of this contract be determined invalid or held unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of this contract as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.
- NOTICE. ANY HOLDER OF THIS CONSUMER CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
- JURISDICTION. To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the County of Berkeley, State of South Carolina and to the application of South Carolina law.
- ENTIRE AGREEMENT. The Member and Sovereign Strength Society, LLC DBA Sovereign Strength Society acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
- CANCELLABILITY AND TRANSFERABILITY. This membership is not transferable or cancellable except as otherwise provided herein. This Agreement will bind and inure to the benefit of Sovereign Strength Society, LLC DBA Sovereign Strength Society’s permitted successors and assigns.
- CUSTOMER’S RIGHT TO CANCEL. You may cancel this contract by sending notice of your wish to cancel prior to first scheduled use of the Society facility. After first use of Society facility customer waives their right to cancel membership and will not be refunded any membership fees. Requests for cancellation must be sent via email or certified mail to the address listed herein. Within 30 days of receipt of this notice, the seller shall return any payments made and any note or other evidence of indebtedness.
9._DURATION. The member’s initial term shall not be for a period of more than 4 weeks. Members may renew membership for additional 4-week periods, notwithstanding any other provisions herein. After the initial term of your membership, Sovereign Strength Society, LLC DBA Sovereign Strength Society reserves the right to increase your membership cost prior to membership renewal.
- NOTICES. Except as otherwise provided herein, all notices shall be sent via email to:
Sovereign Strength Society, LLC,
DBA Sovereign Strength Society
[email protected]
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
SOVEREIGN STRENGTH SOCIETY, LLC DBA SOVEREIGN STRENGTH SOCIETY
Upon purchase of membership and forever thereafter, you (Purchaser of membership, each member and all guests) agree that if you engage in any physical exercise or activity, use any Sovereign Strength Society facility, hereinafter referred to as “Society facility”, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the rest room, sidewalk, parking lot, lobby/hall area, or any other part or item in or around the Society facilities. You agree to assume the risk of your participation in any activity, class, program, instruction, or Sovereign Strength Society sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the Society facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Sovereign Strength Society and its owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of Sovereign Strength Society, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Sovereign Strength Society’s improper maintenance of any exercise equipment or facilities, (c) Sovereign Strength Society’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the Society facility or any portion of the premises for any reason, including Sovereign Strength Society’s negligent inspection or maintenance of its facility. By acceptance and payment of membership, you hereby agree to indemnify and hold harmless the Society facilities from any loss, liability, damage, or cost Sovereign Strength Society may incur due to your presence at the Society facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that the Society facilities are designed to and does offer a service to its members encompassing the entire fitness spectrum. The Society facilities are not in the business of selling, leasing or otherwise placing into the stream of commerce weight lifting equipment, exercise equipment, or other such products, and the use of any such items is incidental to the service provided by Sovereign Strength Society. YOU ACKNOWLEDGE THAT YOU 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. YOU ARE AWARE AND AGREE THAT BY ACCEPTANCE AND PAYMENT OF MEMBERSHIP THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST SOVEREIGN STREGTH SOCIETY FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.