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TERMS

Bezz: shall include, but is not limited to employees, officers, owners, members, managers, trainers,
sponsors, heirs, executors, administrators, successors, agents, representatives and assigns.

You/Member: is the undersigned individual, member, participant, observer/spectator, heirs, executors, administrators, successors, agents, representatives and assigns who in and/or is using Bezz’s facility and/or services.

Facility: 6033 N. Sheridan, Chicago, Illinois or any other facility owned, leased and/or operated by Bezz including, but not limited to alternate locations such as the beach, park or other areas where a session, program or event is be held.

Services: shall include, but are not limited to all services provided by Bezz to you including usage of any premises, facilities, equipment, and activities including, but not limited to activities of any nature, classes, programs of any kind, sessions, training, events provided by or sponsored by Bezz for which you are a member, participant, observer/spectator or otherwise.

Sessions: shall include any personal training or classes or programs – individual or group.

USE OF FACILITY AND SERVICES

You agree to use the facility and services in an appropriate and acceptable manner so as not to disrupt, interfere, injury, damage, and/or inhibit the use and enjoyment of another member’s or Bezz’s use of the facility and services. You understand that the facility is monitored by cameras and you relinquish and waive your rights to privacy when using the facility and services. You understand that by using the facility and services, you are required to download an app to access the facility and services. Bezz cannot guarantee that the app and your usage of the same is secure. Bezz makes no representations or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, completeness of any information on Bezz’s facility, services and/or app. As stated, and agreed to you below, under no circumstances, shall Bezz be liable for any loss, injury, and/or damage sustained by you as the result of or relating to your usage of Bezz’s facilities, services, website and/or app. Under no circumstances, shall you allow a third-party access to the facility or services by the usage of your app or permitted use and access. Should you allow such use and access by a third party, you agree to be subject to liability and indemnify Bezz as stated and agreed to by you herein. Further, you may be subject to Bezz terminating your Membership and sessions without a refund or any form of compensation. You must be 21 years or older. If you are under 21 years of age, written consent from a parent is required prior to any use, a parent must accompany at all times, while, in the facility and/or using Bezz’s facility and/or services. If not accompanied by a parent, you will be denied access to the services and/or facilities. You are prohibited from bringing weapons of any kind or nature, alcohol or drugs into Bezz facility and/or services, programs or events. All mobile devices must be on vibrate or silent so as not to disturb other members. No calls shall be accepted or made (unless due to an emergency) while in Bezz’s facility and/or while in sessions or programs. You agree, that should Bezz determine that your use of the facility and/or services and/or membership are contrary to the foregoing, that you may be asked to vacate the facility and/or cease from using the facility and services at that time, temporarily and/or forever and that you agree to forfeit any funds that were prepaid for the usage of the facility and services.

PAYMENT POLICY

CLUB MEMBERSHIP: For your use of the Facility, you will be required to subscribe to a yearly membership which shall not include the costs and expenses for events, sessions, programs and training for which a separate fee is required as stated herein or as provided and notified by Bezz. Please note that yearly Membership automatically renews until cancelled in writing by you fourteen (14) days prior to the expiration of Membership period. We will notify you if the price of a Membership increases and, if required, seek your consent to continue to be charged. You will be charged no more than 24 hours prior to the start of the Membership Period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Membership, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method. This may result in a change to the start of your next year Membership period, may change the date on which you are billed for each period, and will affect your access to the facility and services. We reserve the right to cancel all of your Memberships of any kind if we are unable to successfully charge your payment method to renew your Membership. No refunds are provided. If a refund request is denied, you agree not to hold Bezz liable for said denial either in whole or part and in accordance to your release in this Agreement. Membership is not assignable, transferrable and cannot be sold or conveyed to a third party. You agree to be responsible for all processing and services fees related to credit card payments. If you have a trial period or complimentary voucher, you agree to sign this Agreement and abide by its terms.

SESSIONS MEMBERSHIP: For your use of Bezz’s services, you will be required to subscribe to individual and/or group sessions on per session manner or in form of a package, and as selected by you which shall not include the costs and expenses for events, programs and use of the facilities outside of these sessions for which a separate fee is required as stated herein or as provided and notified by Bezz. Please note that Bezz has the right to determine if the session is appropriate for you, in both skill level and/or capacity of the session and, thus, can deny you access to that session or class for which you will not be permitted to subscribe to and/or be charged. Please note that all packages will be billed automatically for renewal unless you cancelled in writing seven (7) days prior to the last session in the paid package. We will notify you if the price of a session or package increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the new package. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the renewal package, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method. This may result in a change to the start of your next year Membership period, may change the date on which you are billed for each period, and will affect your access to the facility and services including any pre-scheduled session. We reserve the right to cancel your package and all of your Memberships of any kind, if we are unable to successfully charge your payment method to renew your package or sessions. If you decide to unsubscribe from a package before we start charging your payment method, cancel the package at least seven (7) days before the start of the new package. If refund is denied, you agree not to hold Bezz liable for said denial either in whole or part and in accordance to your release in this Agreement. Sessions are not assignable, transferrable and cannot be sold or conveyed to a third party. You agree to be responsible for all processing and services fees related to credit card payments. If you have a trial period or complimentary voucher, you agree to sign this Agreement and abide by its terms.
CANCELLATION: Twenty-four (24) hours cancellation notice, by phone is required for rescheduling or canceling any and all individual/group sessions or services. Any and all cancellations with less than twenty-four (24) hour’s notice will result in forfeiture of a paid session without refund or compensation. If a trainer or class teacher must cancel a session, he/she will do so by phone within least twenty-four (24) hours notice of the scheduled session. Failure to do so by the trainer will result in you receiving a complimentary session. This complimentary session must be used within sixty (60) days of the date of the canceled session. After sixty (60) days, the offer of a complimentary session will expire and no refund will be provided. No refunds or exchanges are provided for any sessions or packages.

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND
INDEMNITY PROVISIONS

You expressly agree that this Agreement including the release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Bezz offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Bezz is not in the business of selling weightlifting equipment, exercise equipment or other such products to the public, and the use of such items is incidental to the service provided by Bezz. You acknowledge and agree that Bezz does not place such items into the stream of commerce.

NO ASSIGNMENT. You hereby warrants, acknowledges, and agrees that you represents and warrants that there has been no assignment, transfer, conveyance, or lien of any of your rights, interest, distributions, membership, sessions, claims, demands, obligations, or causes of actions referred to in this Agreement, other than a possible agreement with his, her, or its legal counsel regarding attorney’s fees.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including sessions, or enter our premises or use any facility or equipment on our premises for any purpose, participate in any activities with us outside of our facility, you do so at your own risk and assume the risk of any and all injury and/or damage of any kind or nature including death you may suffer, whether while engaging in physical exercise or not. This includes injury and/or damage of any kind or nature and/or death sustained while and/or resulting from using any premises or facility or services whether provided to you by Bezz or otherwise, including injuries and/or damages of any kind and death arising out of the negligence of Bezz, whether active or passive. Your assumption of risk includes, but is not limited to your use of any exercise equipment (mechanical or otherwise), being a recipient of Bezz’s services, sports fields, participation in sessions, programs or activities held or sponsored by Bezz or use of or presence in other areas, locker rooms, sidewalks, parking lots, stairs, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, sessions, program, services relating to Bezz, its facility and services. You agree that you are voluntarily participating in the aforementioned facility, services and membership(s) and assume all risk of injury and damage of any kind or nature, death, or loss to you or your property that might result including, but without limitation to any loss or theft of any personal property whether arising out of the negligence of Bezz or otherwise. You understand and acknowledge that the foregoing may expose you to the danger that resulted injury both physical and mental of any kind or nature. This danger is one that ordinarily accompanies the foregoing and is contemplated in this Agreement and any other Agreement executed by Bezz and you. You had actual knowledge of this danger, understand and appreciate the nature and extent of the risk, and voluntarily subject yourself to this danger by participating in Bezz’s services, facility and, Membership(s) and all activities relating to them including, but not limited to the use of its facilities and/or services involving Bezz and you. You acknowledge and agree that, prior to engaging in the foregoing, you have consulted with your physician and/or physical and occupational therapist who have not provided any restrictions. If any restrictions were placed upon you, you acknowledge and agree that said restrictions were provided to Bezz, in writing and Bezz acknowledged said restrictions. However, said acknowledgment by Bezz of said restrictions does not, in any way, relieve you of your obligations and your agreement of assumption of risk, release, waiver and indemnification herein.
INDEMNIFICATION. By execution of this Agreement, you hereby agree to indemnify and hold harmless Bezz from any liability, claims, demands, damages, costs, expenses based on, related to, or arising out of your usage of Bezz’s facility, services, programs, activities of any nature relating to Bezz and you.

RELEASE. This waiver and release of liability forever discharge, release, remise, acquit, and agree to forever hold harmless Bezz from any and all past, present and future claims, demands, liabilities, suits, debts, liens, contracts, agreements, promises, damages, obligations, losses, costs, expenses, actions and causes of action, of every kind or nature whatsoever, known or unknown, suspected or unsuspected, foreseen or unforeseen, fixed or contingent, in law or equity, whether statutory or at common law, which you or your heirs, executors, trustees, successors and assigns ever had, now have, or hereafter can, shall, or may have based upon, arising from, in connection with, incidental to or related to the this Agreement, use of Bezz’s facility, services, sessions, programs, activities of any nature, it being the intention of you to fully and finally release Bezz.

ACKNOWLEDGMENTS. You acknowledge that you have carefully read this Agreement and fully understand that its contents, in its entirety. You are aware and agree that by executing this waiver and release, you are giving up your right to bring any and all claims, causes of action against Bezz including, but not limited to its affiliates, officers, members, managers, employees, trainers, agents, representatives, successors, and assigns of any nature whether known or unknown, foreseeable or unforeseeable including, but not limited to Bezz, or for any defective product and/or equipment used while receiving personal training from Bezz, attending and participating in any of Bezz’s services and/or sessions, using the facility unsupervised, participation in any program and activity of any kind or nature. You have read and voluntarily signed this Agreement which includes ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNIFICATION and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

KNOWLEDGE, CAPACITY AND AUTHORITY. You represent that you understand the contents of this Agreement, in its entirety, and that you signed it knowingly and voluntarily, and understand that after executing it you cannot proceed against Bezz on account of the matters referred to herein. You represent and warrants that you have the authority and legal and mental capacity to sign this Agreement and are 21 years of age or older.

PLEASE NOTE THAT ANY INDIVIDUAL UNDER THE AGE OF 21 YEARS OLD WILL NOT BE PERMITTED TO USE BEZZ’S FACILITY OR SERVICES OR BE IN BEZZ’S FACILITY WITHOUT BEING ACCOMPANIED BY HIS/HER PARENT. BEZZ HAS THE RIGHT TO REQUEST PHOTO ID TO CONFIRM AGE AND MAY DENY ACCESS IF BEZZ KNOWS OR SUSPECTS ANY INDIVIDUAL IS UNDER THE AGE OF 21 YEARS AND IS NOT ACCOMPANIED BY A PARENT.