WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to participate in any way in physical training, classes, personal training, open gym, or other activities and use of the facility at The Fort NWA, I hereby agree and acknowledge the following:

1. Assumption of Risk
   I understand that participation in fitness activities involves inherent risks, including but not limited to physical injury, illness, or death. I voluntarily assume all risks associated with my use of The Fort NWA's facilities, equipment, and services.

   I hereby release, waive, discharge, and covenant not to sue The Fort NWA, its owners, employees, instructors , and agents from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, or injury that may be sustained by me while participating in activities at The Fort NWA.

   I acknowledge that I am physically capable of participating in fitness activities and will immediately notify staff of any changes to my health status. I understand that The Fort NWA strongly recommends consulting with a physician before beginning any exercise program.

   I agree to follow all gym rules and policies, use equipment properly, and maintain respectful conduct toward staff and other members.

2. Extended Facility Access During Unstaffed Hours I understand and acknowledge that The Fort NWA may permit me to access and use the facility during hours when no staff, coaches, or trainers are present ("Unstaffed Hours"). In consideration of being granted this access, I expressly agree to the following:

   (a) Additional Assumption of Risk. I understand that during Unstaffed Hours there is no coach, trainer, or staff member on-site to supervise my training, correct my form, spot me during lifts, respond to injury, or provide emergency assistance. I voluntarily assume all additional risks associated with training without supervision, including but not limited to risks arising from improper exercise technique, equipment misuse, delayed medical response, and the absence of a spotter.

   (b) Emergency Response. I acknowledge that I am solely responsible for my own emergency response during Unstaffed Hours. In the event of injury, illness, or emergency, I agree to call 911 immediately and to follow the emergency procedures posted within the facility.

   (c) No Minors Permitted. I understand and agree that individuals under the age of 18 are NOT permitted in the facility during Unstaffed Hours under any circumstances, including when accompanied by a parent, guardian, or member. This restriction applies regardless of the minor's training experience or athletic ability. Violation of this rule will result in immediate termination of facility access.

   (d) Access Control. I agree that my access credentials (key fob, code, app credentials, or any other access method) are personal to me and non-transferable. I will not share my access credentials with any other person, allow another person to enter the facility using my credentials, or hold the door open to admit anyone else ("tailgating") during Unstaffed Hours. I understand that any unauthorized person on the premises during Unstaffed Hours as a result of my access is my personal responsibility.

   (e) Compliance with Posted Rules. I agree to follow all rules posted within the facility regarding Unstaffed Hours use, including but not limited to rules concerning equipment usage, cleanup, lock-up procedures, and prohibited activities.

   (f) Right to Revoke Access. I understand that The Fort NWA reserves the right to revoke or modify my Unstaffed Hours access at any time, with or without cause, and that violation of any of the above provisions may result in immediate termination of my membership without refund.

3. Waiver and Release
   I hereby waive, release, and discharge The Fort NWA, Creighton Peak Performance LLC, its owners, agents, employees, coaches, volunteers, and representatives from any and all liability, claims, demands, actions, or rights of action related to any injury or property damage that may occur while I (or my child) am on the premises, using equipment, or participating in any activity, whether supervised or unsupervised.

4. Medical Clearance and Responsibility
   I affirm that I (or my child) am physically fit to participate in physical training and have not been advised otherwise by a qualified medical professional. I am solely responsible for determining my (or my child’s) physical ability and health status before engaging in any activity.

5. Indemnification
   I agree to indemnify and hold harmless The Fort NWA, its employees, agents, and affiliates from any loss, liability, damage, or cost they may incur due to my (or my child’s) participation in activities at the facility.

6. Photo/Video Release
   I grant permission for The Fort NWA to use photographs or video footage taken during training sessions or classes for promotional purposes on websites, social media, and other materials.

7. Minor Participation If signing for a minor, I confirm that I am the legal parent or guardian and I consent to my child's participation. I agree to all terms of this waiver on their behalf. I further acknowledge and agree that minors are not permitted in the facility during Unstaffed Hours under any circumstances, as set forth in Section 2(c) above.

8. Payment Authorization

   I authorize The Fort NWA to charge my payment method for the membership type selected above. I understand that monthly memberships are billed on the same date each month and annual memberships are billed once per year. I acknowledge that membership fees are non-refundable.