CITY FITNESS – MAXWELL PLACE (HOBOKEN, NJ)
FACILITY VISIT AND GUEST TOUR WAIVER AND RELEASE
This Facility Visit and Guest Tour Waiver and Release (this “Waiver”) is governed by New Jersey law and is intended to be enforced to the fullest extent permitted under New Jersey law. This Waiver is for use with any invited guest, prospective member, or visitor who is touring, observing, or otherwise visiting a City Fitness facility (the “Club”) and who is not participating in any exercise activity, fitness class, or personal training session, and is not using any Club exercise equipment, during that visit (“Guest,” “you”).
1. Scope; Relationship to Membership Waiver
This Waiver applies only to your visit to the Club as a non-participating guest — for example, a facility tour, a membership consultation, an observation of a class, or a similar visit during which you do not use Club equipment or participate in any exercise activity. This Waiver does not authorize you to use Club equipment or participate in any class, personal training session, or other exercise activity. If, during your visit, you use any equipment or participate in any exercise activity, class, or training session, you must first execute the Club’s separate Waiver, Release and Assumption of Risk applicable to Club members and program participants, and that separate document, not this Waiver, will govern your assumption of risk and release with respect to that use or participation. This Waiver may only be signed by, and Club facility tours and visits are limited to, individuals eighteen (18) years of age or older.
2. Assumption of Risk – Facility Premises
You acknowledge that a fitness facility is an active, working environment that may include exercise equipment, free weights, mats, and other exercise-related fixtures; areas with foot traffic from members, staff, and other guests; locker rooms and shower facilities; and floor surfaces that may be wet or uneven in places. You voluntarily assume the ordinary risks associated with walking through, observing, and being present in such an environment during your visit, including the risk of slipping, tripping, or incidental contact with equipment, fixtures, or other individuals present at the Club.
3. Release of Liability – Ordinary Negligence Only
In consideration of the Club permitting you to visit and tour its facility, you release, discharge, and agree not to sue the Club and its affiliates, owners, members, agents, employees, and representatives for any claim, cause of action, damage, illness, injury, or death arising out of the ordinary negligence of the Club, to the extent such a release is permitted under New Jersey law, resulting from: (a) the condition of the Club’s premises as encountered during your visit; (b) incidental contact with equipment, fixtures, or other individuals while touring or observing the facility; and (c) guidance or direction provided by Club staff during your visit.
The Club is not responsible for any loss, damage, or disappearance of your personal property, except to the extent caused by the Club’s gross negligence or willful misconduct.
4. What This Waiver Does Not Cover
Consistent with New Jersey law, this Waiver does not release, and shall not be construed to release, the Club from liability for: (a) gross negligence, recklessness, or willful or wanton misconduct; or (b) any statutorily imposed duty, including applicable health and safety codes. This Waiver applies only to your visit as a non-participating guest as described in Section 1 above; it does not apply to, and does not release any claim arising from, your use of Club equipment or participation in any exercise activity, class, or training session, which is instead governed by the Club’s separate Waiver, Release and Assumption of Risk for members and program participants.
5. No Membership Created
Signing this Waiver does not enroll you as a member of the Club and does not obligate you to purchase a membership or any other service. This Waiver is executed solely in connection with your visit to the Club as an invited guest.
6. Severability
If a court finds any part of this Waiver to be against public policy or in violation of a New Jersey statute or legal precedent, only that portion will be deleted or modified to the minimum extent necessary, and the remainder of this Waiver will remain in full force and effect.
7. Photo and Video Waiver
You understand that the Club occasionally photographs or videotapes member events, fitness classes, and Club facilities (including outdoor locations), and you consent to the Club’s use of these images or video in any media, including print and social media and the City Fitness website, solely for promotional purposes, with no financial or other remuneration due to you. You may withdraw this consent at any time by written notice to the Club, which will apply prospectively to future use.
By signing below, you certify that you have read and understood this Waiver; that you assume the risks described in Section 2; that you release the Club as described in Section 3, to the extent permitted by New Jersey law; that you understand this Waiver applies only to your visit as a non-participating guest and does not permit you to use Club equipment or participate in any class or exercise activity without first executing the Club’s separate Waiver, Release and Assumption of Risk; and that you certify you are eighteen (18) years of age or older.
