1: Member Representations:  The member represents that he/she is in good physical condition and has no medical reason or impairment that might prevent the member from his/her intended use of the facilities.  If member has any concerns or health/medical issues, member represents that he/she will consult with member’s physician before utilizing our facilities.  If member is aware of any physical limitations which might prevent member from using all of Relentless Fitness & Nutrition’s facilities and equipment, member agrees that his/her membership is limited accordingly, yet is still financially obligated to pay the full membership fee. 

2: Assumption of Risk:  Using any facility of Relentless Fitness & Nutrition involves the risk of possible injury to you or your guest, whether member or someone else causes it.  Specific risks vary from one activity to another and the risks can range from minor injury to catastrophic injury, including death.  Exercise may cause physical or emotional injuries depending on member’s physical condition and mental state.  Member acknowledges that no representative of Relentless Fitness & Nutrition has performed any type of medical or physical evaluation on member.  Therefore, Relentless Fitness & Nutrition makes no representations or recommendations on member’s ability to a) perform certain types of exercise, b) utilize the facilities equipment, c) or safely exercise for any period or duration.  As a result, member acknowledges that he/she assumes any risk in utilizing Relentless Fitness & Nutrition’s facility.      

3: Acknowledgement and Release of Liability:  Member acknowledges and understands that Relentless Fitness & Nutrition does not manufacture any of the fitness and or other equipment at its facility and does in fact purchase and/or lease the equipment from other places/companies.  Member agrees to assume the related risk in the use of any equipment of the facilities, even if the equipment is later determined to be defective.  In consideration of our permission to you to participate in the activities at our facilities member voluntarily accepts the above-stated risks and agrees that Relentless Fitness & Nutrition, it’s officers, directors, employees, volunteers, agents, and independent contractors will not be liable for any injury, including without limitation, personal bodily and/or bodily and /or mental injury, economic loss or damage to member, member’s family members, guests, relatives, or unborn children resulting from utilization of our facilities, whether related to exercise or not. I acknowledge and fully assume the risk of any illness or death including those related to COVID-19 arising from my being on the premises and participating in the activities or being in contact with others on premises and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE OR HOLD LIABLE (on behalf of myself and any minor children or guests I bring with me on the premises) Relentless Fitness and Nutrition, LLC, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in any of the activities.

4: Parental Consent:  If the member is a minor child, a parent or legal guardian is required to execute this agreement on behalf of the minor.  The parent/legal guardian agrees to all provisions in this membership agreement, including the provisions related to the Assumption of Risk and Acknowledgement and Release of Liability.  As a minor’s parent/legal guardian, you hereby agree to defend Relentless Fitness & Nutrition to the fullest extent permitted by law for any claim brought by the minor child (or his/her representatives and attorneys) against Relentless Fitness & Nutrition.  Additionally, as a parent/legal guardian of any minor member, you promise and agree to pay any financial obligation that your minor child does not pay for any reason. 

5: Assignment:  This agreement shall NOT be assignable by the member and is personal only to the member.  This agreement shall be assignable by Relentless Fitness & Nutrition in its sole discretion and does not require the consent of any member.  Relentless Fitness & Nutrition shall provide notice to all members if such an assignment occurs. 

6: Dispute Resolution:  The agreement shall be construed in accordance with the laws of the State of Missouri.  The parties consent to the venue of the Circuit Court of St. Charles County regarding any disputes hereunder and waive their rights to a jury trial.  If any action at law is brought to enforce or interpret the provisions of this assignment, the prevailing party shall be entitled to recover reasonable attorney’s fees and all other costs and expenses of litigation from the other party.  These amounts may be set by the court in trial of such action or may be enforced in a separate action brought for that purpose, and which amounts shall be in addition to any other relief which may be awarded.