Your Personal Gym Facility / Business is referred to as: Owner
Release of Liability BSF/TOA is NOT responsible for any injuries or malpractice that may occur under Owner operation. By signing this contract Owner waives the right to hold Be STRONGER Fitness, INC responsible for potential damages or injuries. For the duration of this agreement Owner agrees to have professional liability insurance while utilizing TOA’s programming. Owner agrees to uphold the highest standard of training and professionalism while under this agreement.
Termination This agreement can be terminated by Be STRONGER Fitness, INC for any reason.
Miscellaneous: The total liability of Be STRONGER Fitness, Inc under this Agreement and in respect of the provision of services provided to Owner including liability for the acts or omissions of its employees, agents, and subcontractors), whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall in no circumstances exceed the amount charged to Owner by Be STRONGER Fitness, Inc. under and in connection with this Agreement.
This Agreement shall be governed by and construed according to the laws of the State of California. The invalidity or unenforceability of any one or more provisions of this Agreement will not affect any other provision. Any legal action with respect to this Agreement may be brought in the courts of the State of California, with venue in the County of El Dorado, or in the United States District Court in California, with venue in the County of El Dorado, as Be STRONGER Fitness, Inc may elect. Owner submits to each such jurisdiction and waives any and all objections which it may have as to jurisdiction or venue in either of the above courts.
This Agreement shall be interpreted neutrally between the parties regardless of which party drafted or caused to be drafted this Agreement. Landlord and Tenant have each read this Agreement, and on advice of counsel, or following the opportunity to obtain such advice and the decision to proceed without it, they have freely and voluntarily entered into this Agreement with a full understanding of all terms set forth herein.
In the event either party shall bring any action or legal proceeding, or otherwise incur any legal fees, for an alleged breach of any provision of this Agreement, to terminate this Agreement or to otherwise enforce, protect or establish any term or covenant of this Agreement or right of either party, the prevailing or party not in violation of this Agreement shall be entitled to recover, reasonable attorneys' fees and court costs from the other.
Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor.
This agreement is considered signed at time of purchase.