I, understand that participation with Black and Queer Fitness includes physical exercises. As is the case with any physical activity, I accept that the risk of injury (even serious injury) is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, modify or stop the activity and seek immediate assistance from the instructor.

The exercises involved with Black and Queer Fitness are not recommended and is not safe for those with certain medical conditions. I acknowledge and affirm that I am competent to decide whether or not to participate in group or private classes and I will make an informed choice before doing so. I hereby agree to the following:

1. I am fully aware of the risks and hazards involved in exercising with Black and Queer Fitness
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in group or private classes and/or seminars.
3. I represent and warrant that I am physically fit and I have no medical conditions(s) that would prevent my full participation in group or private classes and/or seminars offered by Black and Queer Fitness.
4. I will update Black and Queer Fitness as to any changes in my medical condition.
5. In consideration for being permitted to participate in group or private classes and/or seminars, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of my participation. Further, I understand there are significant risks involved in all aspects of exercise in general that may result in serious bodily or psychological injury, permanent disability, paralysis, or death. I also understand that there is a risk of incurring some injuries that may not become apparent until some time after training, which may also result in permanent disability or death, and I:
a. Willingly and voluntarily expose myself to the risks above;
b. Assume all responsibility for any losses, costs, and damages that may be incurred as a result of my membership/training. In further consideration, I knowingly, voluntarily and expressly waive any claim I may have against Black and Queer Fitness, its owners, instructors, seminar representatives, independent contractors, employees, volunteers, and representatives, for any injury or damages that I may sustain as a result of my participation.
6. I will not engage in any inappropriate conduct that could result in injury to myself or others.

7. MEMBER RISK. Member and Member’s guests shall hold Black and Queer Fitness, LLC harmless from any illness, loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred as a result of the use of a Black and Queer Fitness facility or partnering facilities including Harlem Kettlebell Club and Studio 16 and any other membership activities, except such Damages which result from the willful misconduct or gross negligence of Black and Queer Fitness, LLC, its affiliates, agents or employees.

7.1 Member’s Health Warranty. Member and Buyer represent that Member is in good health and has no disability, impairment, injury, disease, known or obvious symptoms of or risk factors for a highly communicable disease (i.e. COVID-19), or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of a Black and Queer Fitness facility or partnering facilities including Harlem Kettlebell Club and Studio 16 (All Locations) and shall indemnify Black and Queer Fitness, its affiliates, agents and employees, against any and all Damages arising out of Members use of the facilities except as otherwise set forth in these Terms and Conditions. Physical examinations by Member’s physician are recommended for members before commencing any exercise program, and especially for Members who are at risk, including but not limited to elderly or pregnant Members, or Members unaccustomed to physical exertion, or who have physical limitations, respiratory ailments or impairments, a history of high blood pressure, heart problems or other chronic illnesses, or members who have a history of heart disease.

7.2. Medical Disclaimer. Black and Queer Fitness has been informed and acknowledges that Black and Queer Fitness has made no claims as to medical results that can or may be obtained through use of any  facilities that Black and Queer Fitness provides services, including Harlem Kettlebell Club and Studio 16 9 All locations) and cannot and does not warrant that such facility is free from communicable diseases. Black and Queer Fitness has neither suggested, nor will it suggest any medical treatment to Members. Only licensed medical professionals are qualified to give medical advice. Member is instructed not to act on the advice given by any Black and Queer Fitness employee unless such advice has been verified by Member’s licensed professional physician. Member represents that there is no medical or physical conditions or known symptoms or risk factors that would preclude the use of Black and Queer Fitness or it's partnering facilities and each Member further represents that he or she has not been instructed by any physician not to use Black and Queer Fitness facility or any similar facility.

GENERAL PROVISIONS

8. Group Exercise Policies. Each class is limited to a set number of participants and social distancing policies that may apply. Members should not enter a class late or leave a class early without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled class time. If Member is just starting a group fitness program or has an injury, prenatal or problem that may prevent full participation, please discuss this with the group fitness instructor at least five (5) minutes before class. Proper clothing and footwear must be worn in all group fitness classes. Black and Queer Fitness reserves the right to change the group fitness schedule at any time including the addition or the deletion of classes, as well as changes in instructors, class times and length of classes and move a class outside of the gym for health and safety reasons. Black and Queer Fitness reserves the right to change group fitness policies when necessary and require advanced reservations for heavily attended classes. Reservations may be released within five (5) minutes prior to the scheduled class time and Member may enter on a walk-in basis provided there are openings in the class. Member’s attending a class shall, in addition to the Terms and Conditions, follow any rules promulgated by such class’ instructors.

8.1 Change In Facilities and Operating Hours. As a result of repair, maintenance or special occasions, or due to health and safety concerns, Black and Queer Fitness may be required to restrict the use or temporarily close one or more of Black and Queer Fitness facilities and partnering facilities or halt or modify a Black and Queer Fitness activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above- mentioned occurs. Black and Queer Fitness hours of operation may be modified from time to time without prior notice to Member. Black and Queer Fitness reserves the right to change the facility from time to time, to eliminate some facilities and services, to add others, to add, modify and/or eliminate programs, activities, classes or equipment at Black and Queer Fitness sole discretion.

9. I understand that by submitting this document, I agree to indemnify Black and Queer Fitness and the above parties from any liability for injury or death caused to any other person, as well as damage to the property, however cause by me.

10. I understand that this release shall be binding upon me, my heirs, executors, administrators and successors.
11. I agree that this agreement shall be governed by the laws of New York State and if any conflict arises between me and Black and Queer Fitness, I will attempt mediation before submitting my dispute to binding arbitration.

I have read the above release and waiver of liability and fully understand its contents and voluntarily agree to all the terms and conditions.