Family Athlete / Trainee Waiver Release & Training Agreement

This Agreement is meant to convey your rights and responsibilities as a user of our gym. This agreement is meant to explain the

inherent risks involved with exercise, the steps required to begin training, the program price structure, and the cancellation policy.

1) Risks involved with physical activity

● Our classes are designed to improve your personal fitness by providing group instruction by a qualified

Trainer. By signing this agreement you understand that there may be health risks associated with

activities using physical exertion in a class or program/session.

● The health risks include, but are not limited to, transient dizziness, fainting, nausea, muscle cramping,

musculoskeletal injury, sprains and strains, heart attack, stroke or sudden death. If you experience any of

these or any other symptoms while exercising, please discontinue the activity, notify the trainer, and

consult a physician. While numerous steps will be taken to lessen the possibility of any negative

consequences from occurring you understand and accept that risks associated with any exercise program

cannot be eliminated.

2) Acknowledgement & Waiver form.

● You agree you have reviewed and agree to our Waiver & Acknowledgement form.

● These steps are necessary to help reduce risks associated with starting a new exercise program. All

information contained with the Acknowledgement and Waiver form and Payment form is personal

information and will be held within the strictest confidence. This information will not be shared with any

other outside parties without your expressed written consent.

Cancellation and Renewals

Month to Month accounts continue until canceled. There is no termination fee. In consideration of the additional discounts annual

prepaids are not refundable. Accounts are billed on the first of each month. Cancellations must be via email at

[email protected], on the last Friday, before the 1st of the month, by 5 pm. Ask for a Receipt of Cancellation Notice. It is the

only acceptable proof that you canceled. Once an account is billed for the month on the 1st or thereafter it is not refundable.. If you

cancel your account and are found to be in the gym in the following month(s), we will reactivate your account, charge you for months

you have attended, and charge you without notice. You agree that should you cancel leaving an unpaid balance that you will be billed

until the account is paid in full. You also agree that if you continue to attend after the end of the month you cancel that attendance is

deemed a renewal and that your month to month billing will be reactivated.

3 Day Right of Rescission/Cancellation

I understand that I may revoke this agreement for 3 business days after signing. To revoke, deliver a letter of rescission to 270 N. Dixie

Drive, Vandalia, OH 45377 and please ask for a receipt of cancellation form from the Manager on Duty or send a letter of rescission

via email at [email protected]. Call the gym 937-529-9072 between the hours of 11 a-7 p with any problems rescinding and

we will be more than happy to help. We do not accept voicemails or emails as notice of rescission. We have no problem letting you

out of this agreement if you have second thoughts, but it needs to be done in writing.

By signing below, you acknowledge you have read and fully understand this agreement. You agree I have answered your

questions satisfactorily. By signing this waiver, you are signifying that you understand and accept these risks, are willing to follow all

personal training rules, and will always follow the instructions of your Trainer. Your signature or the signature of a parent or adult

guardian also signifies that you are agreeing to waive any claim for injury against Will Ashcraft, Mike Baker, MPower Gym LLC,

MPower Sports Performance LLC, Ashcraft’s Academy of Martial Arts and Fitness LLC, its agents, employee’s subcontractors or

substitutes that may result from your or your minor child’s participation in any activity in our gym or any programs we offer at 270

N. Dixie Drive, Vandalia, Ohio, Vandalia Recreation Center, Vandalia Sports Complex, or any other location. I understand that I

am giving up my right to sue, except as to losses caused by willful misconduct.

I have read this entire agreement and understand that I will be held fully responsible for its terms and charges.

Definitions and Notes:

Individual: An adult or child purchasing a single account

Dual: Available to couples in a relationship and living together, a parent and child, spouses, or two siblings under 18. Adult

siblings or other adult family users not living with parents must purchase individual accounts.

Family: Parent/Children, spouses, adult children 21 and under living with parents. All users must be related and live in the same

household and be eligible to be claimed on your federal tax return as a dependent. This discount is for adults supporting other

family users. Three adult siblings sharing an apartment does not qualify for a family, nor does adult relatives that are

self-supporting living in the same household as other family users.

Open Gym Use: Classes take precedence over the individual use of weights, ring, mats, turf and boxing equipment for those not

actively participating in the classes. Check the posted public schedule of classes and open gym to ensure your access to

equipment. Private classes like Pacifico Power are not included in account.

Credit Card Authorization

➔ A Credit/Debit/ACH Charge Authorization Agreement form MUST be on file. MPower Gym LLC. accepts Visa, MasterCard,

American Express, or Discover charge cards, debit cards or ACH automatic checking or savings account payments

➔ We offer discounts to Military/Police/Fire/EMS/College Students/Chamber users.

I hereby authorize MPower Gym LLC, MPower Academy, MPower Sports Performance LLC to charge monthly by

credit/debit card/bank account payment for account/training. I authorize both Credit and Debit card charges of the above account

numbers. Charges are authorized at the beginning of each month in advance of the upcoming month. Notice to discontinue this

authorization must be submitted via email to [email protected]. Cancellation of Authorization Notices must be received

two business days before the beginning of the month. We do not accept cancellations over the phone, you must communicate

directly with Mike Baker, Will Ashcraft via email.. I understand that if I cancel owing a balance that MPower will continue charging

my account until the balance is paid. I understand that if I cancel my account but continue to come to the gym after the cancellation

month that MPower will reactivate my account and bill me for all months attended and going forward until canceled again.