FITNESS LOUNGE – GUEST WAIVER & RELEASE OF LIABILITY
(For Guests of Members or Guests Issued a Pass by Management)
This Guest Access Waiver and Release of Liability (“Agreement”) is entered into by the undersigned individual (“Guest”) and Fitness Lounge LLC, Fitness Lounge One LLC, Fitness Lounge Two LLC, Fitness Lounge Three LLC, and all affiliated entities, owners, managers, officers, employees, independent contractors, and agents (collectively, “Fitness Lounge”).
1. GUEST STATUS & ACCESS CONDITIONS
Guest may enter the Fitness Lounge facilities only as:
• A guest of an active member (“Hosted Guest”), OR
• A guest issued a temporary pass by Fitness Lounge Management
Guest acknowledges and agrees:
• All guests are subject to all rules, policies, and codes of conduct applicable to members
• Hosted Guests may remain on the premises only while the host member is physically present inside the facility
• If the host member exits the facility for any reason, the Guest must immediately leave
• Fitness Lounge may require government-issued identification
• Entry may be limited to staffed hours unless expressly approved by Management
Fitness Lounge reserves the right to deny or revoke guest access at any time for any reason.
2. ASSUMPTION OF RISK
Guest understands that use of a fitness facility involves inherent and unforeseeable risks, including but not limited to:
• Slips, trips, and falls
• Equipment malfunction or misuse
• Overexertion, heart issues, strains, fractures, or death
• Exposure to viruses, bacteria, or other communicable conditions
• Actions of other members, guests, or independent contractors
Guest voluntarily assumes all risks, known and unknown, even if arising from the negligence of Fitness Lounge or others.
3. FULL WAIVER & RELEASE OF LIABILITY
To the fullest extent permitted by New York law, Guest hereby:
Releases, waives, discharges, and agrees not to sue Fitness Lounge from any and all claims, demands, injuries, damages, losses, or causes of action of any kind — whether known or unknown — arising from:
• Use of the facility
• Participation in exercise or training
• Presence on the premises
• Acts or omissions of other guests, members, trainers, or staff
• Equipment use or failure
This includes claims arising from ordinary negligence of Fitness Lounge.
4. INDEPENDENT CONTRACTOR NOTICE
Guest acknowledges that:
All personal trainers, therapists, instructors, and health professionals operating within Fitness Lounge are independent contractors, not employees or agents of Fitness Lounge.
Fitness Lounge is not responsible for their actions, advice, or services.
5. RULES, CONDUCT & ZERO-TOLERANCE POLICY
Guest agrees to follow all Fitness Lounge rules and policies.
Fitness Lounge enforces a strict zero-tolerance policy for:
• Harassment
• Inappropriate behavior
• Aggression
• Disruption of operations
Violations may result in immediate removal and permanent ban without refund.
6. MINOR GUESTS
Minors are permitted only when:
• Actively training with a verified independent contractor
• Proper minor waiver and parental/guardian consent forms are completed
Fitness Lounge may refuse minor entry at its discretion.
7. PERSONAL PROPERTY
Guest understands that Fitness Lounge is not responsible for lost, stolen, or damaged personal property.
Lockers and storage areas are used at Guest’s own risk.
8. VIDEO SURVEILLANCE & MEDIA CONSENT
Guest acknowledges that:
• Common areas are monitored by security cameras for safety
• Guest may appear in facility photos or videos used for operations or marketing
Guest grants Fitness Lounge permission to use such images without compensation.
9. PASS TERMS — NON-REFUNDABLE & NON-TRANSFERABLE
All guest passes:
• Are non-refundable
• Are non-transferable
• May be revoked at any time
10. ARBITRATION & CLASS ACTION WAIVER
Any dispute arising from this Agreement or facility use shall be resolved by binding arbitration in New York County or Queens County, New York.
Guest waives the right to participate in any class action or collective lawsuit.
11. HEALTH REPRESENTATION
Guest affirms that:
• They are physically capable of participating in exercise
• They have no condition that would make participation unsafe without medical clearance
• They assume full responsibility for their health
12. EMERGENCY MEDICAL CONSENT
Guest authorizes Fitness Lounge to seek emergency medical treatment if necessary and agrees to be financially responsible for any such treatment.
13. ELECTRONIC SIGNATURE & WEBSITE ACCEPTANCE
Guest agrees that:
• Electronic signatures
• Digital forms
• Checkbox acceptance
constitute legally binding execution of this Agreement.
14. GOVERNING LAW & SEVERABILITY
This Agreement shall be governed by the laws of the State of New York.
If any provision is found unenforceable, the remainder shall remain in full force and effect.
15. ENTIRE AGREEMENT
This Agreement constitutes the full understanding between Guest and Fitness Lounge regarding guest access and liability.
