Membership Terms

MEMBERSHIP CONTRACT

1. HEALTH: ASSUMPTION OF RISK. Santa Fe Spa urges you (“Member”) to obtain a physical examination from a medical doctor before using any exercise equipment or weights, or participating in any exercise class or other fitness training. Member’s participation in classes, use of weights and exercise equipment, and use of Santa Fe Spa’s facilities and premises shall be at Member’s sole risk. Member acknowledges that physical exercise, fitness training and use of weights or exercise equipment can be dangerous and involve risks of injury, including without limitation abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendinitis, cartilage tears, bursitis, back pain, bruising of soft tissue and joint damage. Exercise beyond Member’s physical limits and accidents involving use of the facilities, exercise equipment or weights, or improper use of exercise equipment or weights, may result in serious injury or even death. Member understands and agrees that Member’s selection and use of the facilities, exercise programs and classes, methods of exercising and types of equipment shall be Member’s sole responsibility.
2. ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Fit, Inc. dba Santa Fe Spa ("the Spa") has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, attending the Spa could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Spa and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Spa may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Spa employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Spa or participation in the Spa programming (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless the Spa, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Spa, its employees, agents, and representatives, whether a COVID- 19 infection occurs before, during, or after participation in any Spa program.
3. RELEASE OF LIABILITY. Member releases Santa Fe Spa and its officers, owners, agents, employees, successors and assigns (“Santa Fe Spa Parties”) from all claims and liability for any loss or injury to Member of any kind whatsoever related to Member’s use of the services, equipment, facilities and premises of Santa Fe Spa, regardless of whether such loss or injury is caused by any negligence on the part of any of the Santa Fe Spa Parties. Member agrees not to institute, or participate in, any lawsuit, arbitration or other legal proceeding against any Santa Fe Spa Parties for any loss or injury to Member related to Member’s use of the services, equipment, facilities and premises of Santa Fe Spa. Further, Member agrees to indemnify the Santa Fe Spa Parties from all lawsuits, claims, or demands that may be brought against any of them in connection with Member’s use of the services, equipment, facilities and premises of Santa Fe Spa, including reasonable attorneys’ fees and costs.
4. LOST, STOLEN OR DAMAGED PROPERTY. Santa Fe Spa is not responsible, or liable, for the disappearance, loss or theft of, or damage to, personal property, including without limitation, keys, money, cellular phones and other electronic devices, clothing, jewelry or vehicles, occurring in the facilities or on the premises, including the parking area, locker rooms and lockers. Lockers are available for Member’s use, but Member must provide his or her own lock. Santa Fe Spa is not responsible for any thefts from lockers or vehicles, whether locked or unlocked.
5. AGREEMENT TO REVIEW AND ABIDE BY RULES, POLICIES, CAUTIONS AND INSTRUCTIONS. Member agrees that Member has reviewed, or will review, the Rules and Regulations of Santa Fe Spa, which are incorporated herein by reference, and that Member will abide by such Rules and Regulations and by such other and further rules, regulations and policies that may be adopted from time to time by Santa Fe Spa (“Rules and Regulations”). Member agrees to comply with the Rules and Regulations and the cautions and instructions that may be stated on signs in the facilities or on equipment, or stated verbally by floor instructors, staff or class instructors. Member acknowledges that the failure to follow rules, regulations, cautions and instructions may result in a serious injury to Member or other persons. All interpretations of the Rules and Regulations and managerial decisions by Santa Fe Spa’s management will be final.
6. PROHIBITED ACTIVITIES. Alcohol, illegal drugs (including steroids), and smoking are prohibited within the facilities or on the premises. Member agrees not to use the facilities or engage in any activity at the facilities while under the influence of drugs, alcohol, or any medication that may impair Member’s ability to operate the equipment or engage in physical activity safely. No guns or other weapons of any kind are allowed within the facilities. No photography, videotaping, filming or audio recording is permitted within the facilities, or on the premises, whether by camera, cellular phone or other electronic devise, without the express written consent of Santa Fe Spa’s management. Santa Fe Spa reserves the right, in its sole discretion, to limit or regulate food or beverages in various areas of the facilities.
7. MEDIA USE IN GYM. Photos and videos may not be taken inside our workout facility without FIT Inc. written permission. Distribution of photos taken within our workout facility for print or on the internet; including social media, websites, or any other online posting is strictly prohibited without FIT permission. FIT Inc. reserves the right to discontinue membership for violation of our media use Terms of Agreement.
8. MEMBERSHIP MAY NOT BE ASSIGNED. Member understands and agrees that Member’s membership, this contract and the rights conferred on Member, are personal to Member and cannot be assigned or transferred to anyone or used by any person other than Member.
9. TIME OF PAYMENT. Membership fees shall be paid in advance, for the entire term, at the time of purchasing the membership or any extension or renewal of the membership. Member shall have no carry-over privileges or right to use the facilities after the term of Member’s membership ends regardless of individual circumstances, with no exception.
10. FAILURE TO USE MEMBERSHIP. Member will not be entitled to reimbursement or receive any refund for any fee paid to use the Santa Fe Spa’s facilities if Member fails to use the facilities, or is unable to use the facilities, for any reason whatsoever, regardless of individual circumstances.
11. REVOCATION OF MEMBERSHIP. Member’s membership and right to use Santa Fe Spa’s facilities may be revoked at any time and for any reason, including if Santa Fe Spa determines that Member acted in a manner contrary to the best interests of Santa Fe Spa or the safety of Member or other members or that Member violated the terms of this Membership Contract or the Rules and Regulations. Santa Fe Spa also reserves the right to require Member to leave for the day, if Santa Fe Spa determines that Member poses a health or safety risk or is disturbing or appears likely to disturb other members or Santa Fe Spa’s personnel.
12. SERVICES AND AVAILABLE EQUIPMENT MAY BE MODIFIED. Santa Fe Spa reserves the right to adjust class schedules and add, eliminate, modify or cancel classes and other services, and to add, move, repair, modify or eliminate equipment, at the sole discretion of Santa Fe Spa’s management. Absolutely no time credit or refunds will be allowed as a result of such actions.
13. MEMBER ORIENTATION. Member agrees not to use any of Santa Fe Spa’s facilities, services or equipment in a manner that endangers the health or safety of Member or others. Santa Fe Spa offers Member a free orientation to instruct Member on the proper use of services and equipment. Member is responsible for arranging the time and date for this orientation.
14. PHOTOS. Member agrees to allow Santa Fe Spa to take and record photographic images of Member in the public areas of the facilities and grants Santa Fe Spa the right to use Member’s photographic likeness for identification purposes and for promotional purposes, including without limitation online usage and marketing materials.
15. SURVEILLANCE. Santa Fe Spa reserves the right to install surveillance cameras in the public areas of the facilities.
16. GOVERNING LAW; DISPUTES. This contract and Member’s membership shall be governing by the laws of New Mexico. Any claims or disputes related to this contract, the enforceability of this contract or any provision thereof, Member’s membership or Member’s use of the facilities, including without any limitation any claims for personal injury or property damage, whether based on contract law or tort law (i.e., negligence), shall be resolved by binding arbitration conducted in accordance with this contract and the New Mexico Arbitration Act, as it may be amended. The arbitration shall be conducted in Santa Fe, New Mexico by a mutually acceptable arbitrator, who shall be an attorney licensed in the State of New Mexico. If the parties fail to reach agreement on an arbitrator within ten (10) days after one party delivers a demand for arbitration to the other party, either party may file a motion with the First Judicial District Court requesting that the Court appoint an arbitrator. The parties waive any right to recover consequential or punitive damages. Except for attorneys’ fees and costs, the arbitrator will have no authority to award any damages other than the prevailing party’s actual, direct damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this contract. The non-prevailing party in any such arbitration, or in any litigation, shall reimburse the prevailing party for its reasonable attorneys’ fees and costs.
17. RENEWALS OR EXTENSIONS. If Member extends or renews his or her membership, all agreements, releases and waivers are in this contract shall apply to such membership regardless of the membership term.
18. RIGHT TO REFUSE SERVICE. Santa Fe Spa reserves the right to refuse service to anyone.
19. MISCONDUCT. Santa Fe Spa will not tolerate misconduct of any nature (verbal or physical) and reserves the right to revoke a Member’s membership immediately for such misconduct.
20. GIFT CERTIFICATES. Gift certificates expire (1) one year after purchase date. Gift certificates are nontransferable and are subject to all applicable rules, policies and regulations of Santa Fe Spa.
21. ADDITIONAL DOCUMENTS. If requested by Santa Fe Spa, Member agrees to sign a hard copy of this Membership Contract and such other documents as may be required by Santa Fe Spa to evidence Member’s agreement to be bound by the terms of this Membership Contract and the Rules and Regulations.
22. SEVERABILITY. If any term of this Membership Contract is found to be invalid or unenforceable, the remainder of this Membership Contract shall not be affected, and shall continue in full force and effect.