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Membership

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1 Month

Duration 1 month
Access Unlimited
Cost $45.00
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1 Week

Duration 1 week
Access Unlimited
Cost $20.00
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Day Pass, Good for 24hrs from time of purchase

Duration 2 days
Access Unlimited
Cost $10.00
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Month to Month

Duration Ongoing
Access Unlimited
Cost $45.00 / month
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Shower Pass, 1 time use

Duration 1 day
Access 1 sessions
Cost $5.00 / Session
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Year Paid in Full

Duration 1 year
Access Unlimited
Cost $420.00
Programs All Programs

Membership Documents

Waiver / liability release

Kilter Fitness and Community Health Policies & Procedures

Kilter Fitness and Community Health has established a variety of policies and procedures to ensure the members have both a fun and safe experience while using the facility during staffed and non-staffed hours.

It is recommended that our members review the following policies. If you have any questions regarding our policies and procedures, please don't hesitate to the contact the Kilter Fitness and Community Health at nevergiveup@kilterfitnessnh.com

Access to Kilter Fitness

A Kilter Fitness and Community Health ID is required to gain access into the Kilter Fitness, NO EXCEPTIONS. If you have lost your ID, please visit the facility during normal business hours at 20 Lake Street and you will be issued a new ID. Please bring a photo ID with you for membership verification. Use of another persons ID to gain access to the Kilter Fitness will result in immediate suspension of membership of the person sharing their ID.

Fitness Center Attire

Proper athletic attire must be worn while using the fitness centers.

Sneakers, socks, athletic pants/shorts, and t-shirts are considered appropriate attire.
Shirts should cover full chest, back and lower torso area (no sport bras only).
Bare feet, socks only or sandals are NOT permitted (except during certain group exercise classes).
During winter months and rainy days, please bring a dry pair of shoes. The facility attendant on duty may deny access to Fitness Center if you do not have a dry pair of shoes.

Group exercise class cancellations

Kilter Fitness offers as many group exercise classes as possible. There will be times when a group exercise instructor may not be able to instruct a class given personal, medical or environmental/inclement weather reasons. At these times, the instructor will make every attempt to find another instructor to serve as a substitute for that class. There may be times when you attend a class with a substitute instructor. At other times, however, an instructor may not be able to find a substitute and the class will be cancelled. In cases of cancellation, signs or notices will be posted in advance of the class. In addition, our social media sites (Facebook,Instagram) will post an announcement about the cancellations of classes. Please feel free to call, email or use Facebook Messenger Kilter Fitness the day of a class to check on availability.

Food and Beverages

Other than water bottles, electrolyte replacements and protein supplements, food and beverages are not allowed in Kilter Fitness

Fire Alarms

Whenever a fire alarm is sounded, immediate evacuation of the building is the appropriate response. If there is a fire alarm while you are using the facilities, you must immediately leave the center through the nearest exit door and remain outside until it has been announced by the Bristol Fire Department that it is safe to enter Kilter Fitness.

Guests/Visitors

Guest passes may be used so non-members may use Kilter Fitness.

Each Kilter Fitness membership includes 2 free one-day passes. The guest passes are associated with your account and can be used anytime. If you are unsure how many guest passes you have remaining, please ask a staff member at the front desk. Please note that guest passes may only be used while the member is present and must be set up in advance or during regular business hours.

Health and Safety

If you have the flu, a cold, or any other contagious illness, please do not train in Kilter Fitness. Using Kilter Fitness with a contagious illness puts you and all other members at risk. Illness causes an individual's system to become weaker and the likelihood for injury increases significantly when training under these conditions. Furthermore, given the nature of physical training, the transmission of contagious diseases occurs quite readily. Disinfectant wipes are available in for cleaning perspiration from the pads and benches. Please be courteous of fellow Kilter Fitness members and use the supplies provided in the areas that you use.

Injuries or Illness

Any member who incurs an injury or becomes dizzy/ill while using the centers should immediately contact a Kilter Fitness staff/ambassador for assistance. A first aid kit is kept at the front desk for minor injuries. In cases requiring more extensive first aid, Kilter Fitness staff/ambassador will contact the appropriate persons for assistance. It is important that Kilter Fitness staff be notified of any cases of injury or illness so that proper procedures can be initiated.

For injuries or illness that occurs after staffed hours, access 911 or initiate emergency procedures by activating one of the red panic buttons in Kilter Fitness. There are also emergency pendants and bracelets available to wear while in Kilter Fitness.

Lost and Found

Articles lost in either facility are kept in the front desk as you enter Kilter Fitness. Kilter Fitness is not responsible for any lost or stolen articles or for any items left at the front desk while you are at Kilter Fitness

Cardiovascular Equipment Usage Procedures

Cardio equipment is on a first come, first serve basis. In busy times, we ask that you please limit use to 30 minutes, while people are waiting. Our facility attendants can assist you if you have any questions or concerns. Please wipe down cardio equipment after use.

Weight Lifting Policies

For the courtesy of all Kilter Fitness members and for safety reasons, all lifters MUST re-rack their own dumbbells and weight plates after they have finished using them. Searching for sets of weights needed for your weight lifting program can be a hassle and this is easily avoided when all lifters re-rack their own weights. Furthermore, having weights spread throughout the facility poses obvious hazards. Continued failure to abide by this Kilter Fitness policy may lead to the suspension or termination of your membership.
Please do not slam or drop the weights.
All lifters MUST use a spotter for safety reasons. If you do not have a lifting partner, ask a Kilter Fitness staff member/ambassador to assist you. If you are a person who uses chalk when lifting, please keep it in a spill proof container.

Membership Revocations and Suspensions

Courtesy for other members, staff and the equipment in Kilter Fitness is expected and required. Loud, boisterous or abusive behavior or any form of harassment will not be tolerated.

See Kilter Fitness and Community Health Sexual Abuse and Molestation Policy

Inclement Weather

During times of inclement weather, Kilter Fitness will make every effort to remain staffed during posted business hours. There may be times, however, that a staff member is unable to fills these hours due to weather conditions (especially in the early morning) Please feel free to call, email or use Facebook Messenger during these times to check on staffing status.

Kilter Fitness and Community Health Sexual Abuse and Misconduct Prevention Policy

Kilter Fitness and Community Health prohibits and does not tolerate sexual abuse or misconduct in the workplace or during any organization-related activity. Kilter Fitness and Community Health provides procedures for employees, volunteers, board members or any other victims of sexual abuse or misconduct to report such acts. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, as well as criminally prosecuted. No employee, volunteer, board member or other person, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct.

Definitions and Examples

The following defnitions or examples of sexual abuse, misconduct or harassment, may apply to any and/or all of the following persons – employees, volunteers or other third parties.
• Sexual abuse or misconduct may include, but is not limited to:
• Child sexual abuse – any sexual activity, involvement, or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given.

• Sexual activity with another who is legally incompetent or otherwise unable to give consent.
• Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts.
• Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders, and/or pulling against another’s body or clothes.
• Material such as pornographic or sexually explicit images, posters, calendars, or objects.
• Unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g. email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.
• A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one’s work performance or ability to do the job or creates an intimidating, hostile, or offensive environment.
• Direct or implied threats that submission to sexual advances will be a condition of employment or a retaliation with the organization.

Reporting Procedure

Immediately report suspected sexual abuse or misconduct to any Kilter Owner, Kilter Ambassador or immediately access emergency services. It is not required to directly confront the person who is the source of the report, question or complaint before notifying any of the individuals listed. Kilter Fitness and Community Health will take every reasonable measure to ensure that those named in complaint of misconduct, or are too closely associated with those involved in the complaint will not be part of the investigative team.

Anti-retaliation and False Allegations

Kilter Fitness and Community Health prohibits retaliation made against any employee, volunteer, board member, or other person who lodges a good faith complaint of sexual abuse or misconduct or who participates in any related investigation. Making knowingly false or malicious accusations of sexual abuse or misconduct can have serious consequences for those who are wrongly accused. Kilter Fitness and Community Health prohibits making false or malicious sexual misconduct allegations,

as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of employment or membership and criminal prosecution.

Investigation and Follow-up

Kilter Fitness and Community Health will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly, and equitably investigate whether misconduct has taken place. The organization may utilize an outside third party to conduct an investigation of misconduct. The Bristol New Hampshire Police Department will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies. The Bristol New Hampshire Police Department will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still allowing for a prompt and thorough investigation.

Reporting to Law Enforcement or Appropriate Child or Adult Protective Services

Kilter Fitness and Community Health is committed to following the state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of Kilter Fitness and Community Health not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.

Subcontractor Screening and Selection

As part of its sexual abuse and misconduct prevention program, Kilter Fitness and Community Health is committed to maintaining a diligent screening program for prospective and existing subcontractors, volunteers and others that may have interaction with those employed by, associating with or serviced by Kilter Fitness and Community Health. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references. Anyone who is subcontracted by Kilter Fitness and Community Health will be required to have a background check by an approved vendor, such as the State of New Hampshire.

Supervision of Youth

To provide a safe environment for minors, Kilter Fitness and Community Health strives that a minimum of two adult workers supervise or be in attendance with minors during organization- related activities. The purpose is to avoid one-on-one interactions between adults and minors that are not easily observable by others. If individual meetings with a minor must be held in an office, keep the door open. Only conduct closed door meetings when another adult is put on notice of the meeting and the door remains unlocked.

I acknowledge that I received and read the Sexual Abuse and Misconduct Prevention Policy and/or had it explained to me. I understand that it is my responsibility to abide by all rules contained in the policy. I also understand how to report incidents of sexual abuse or misconduct as set forth in the policy, including retaliation against any employee or volunteer exercising his or her rights under the policy.
I acknowledge that I will be alerted when changes and updates are made to the Sexual Abuse and Misconduct Policy and will be responsible for reading and complying with these updates.

I have read/been read the above Sexual Abuse and Molestation Policy and understand the policies and procedures associated.

Kilter Fitness Membership Privileges, Notices, Disclosures & Agreements

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, LLC reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

Subject to the following conditions:
(1) The items outlined in Your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, You authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
(2) One-Time Transfers: When You provide a check as payment, You authorize the Company either to use information from Your check to make a one-time EFT from Your account or to process the payment as a check transaction. When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
(3) If the regular payments set forth in the Membership Agreement should vary in amount, You are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, You choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment You have made.
(4) By executing this Agreement, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Company’s website: www.abcfinancial.com under terms and conditions.
(5) The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(6) If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
(7) If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
(8) By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement. (9) This preauthorization payment arrangement shall apply to the following Applicant(s):

BUYER’S RIGHTS

Every seller of a prepaid health club services contract shall:

Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:

The buyer is unable to receive benefits from the seller’s services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.

Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefore, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.
Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.

Upon the occurrence of any of the circumstances enumerated in subparagraphs 1(A) or (B) or (C) of this section, the buyer or
his estate shall be relieved of any further obligation for payment under the contract not then due and owing.
YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.
STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTH’S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.
ADDITIONAL TERMS AND CONDITIONS

MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.
MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.
MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities. MEMBER agrees that Any videos or photographs taken in the Club are solely the property of the club and we can use them for any purpose at our discretion. The club is currently videotaping at this location for possible inclusion in advertising promotions. If you do not wish to be photographed or to appear on advertising promotions, or to be otherwise recorded, please leave this location during videotaping. By remaining in the immediate vicinity, you give the club your consent to videotape, record, take your picture, likeness, voice and statements.
MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.
MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB
Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.
MEMBER understands that the membership card issued to them, is for their use only, and cannot be loaned or used to allow others entry into the club. Unauthorized
use or access of the club is prohibited and considered Theft of Services.
MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
In the event a dispute arises between MEMBER and the club which relates to this Membership Agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER’s use of the club facilities, exercise equipment, or participation in exercise classes or other programs including any injuries to the MEMBER, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

CONTACT: Member affirms, acknowledges, and attests that Member’s mailing address, telephone number, cellular telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Gym Desk including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number, or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Kilter Fitness and/or Gym Desk ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently Stripe

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN CONSENT: Certain laws and regulations may require Kilter Fitness and/or Gymdesk to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Kilter Fitness and/or Gymdesk may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Kilter Fitness and/or Gymdesk, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Kilter Fitness and/or Gymdesk. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Kilter Fitness and/or Gymdesk, and to promptly notify Kilter Fitness and/or Gymdesk of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Kilter Fitness and/or Gymdesk. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Kilter Fitness and/or Gymdesk will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to Kilter Fitness and/or GymDesk
FOR ALL BILLING INQUIRIES PLEASE CONTACT

Kilter Fitness & Community Health Waiver and Release Form

Waiver and Release (Must be completed and on file prior to using the facility)

I have read and understand the general rules for the use of Kilter Fitness. I acknowledge a full understanding of the inherent dangers and risks associated with the use of this facility and/or any fitness/wellness activity occurring therein.

I acknowledge that participation in this facility is strictly voluntary.

I acknowledge that it its recommended that I seek approval from my physician before implementing an exercise regimen, as there may be significant health risks associated with exercising. I also understand that injury or death may result if equipment is not used properly.

I understand that in the event of accident or injury, personal judgement may be required by Kilter Fitness & Community Health, LLC employees, representatives, or volunteers regarding what actions should be taken on my behalf. Nevertheless, I acknowledge that Kilter Fitness & Community Health, LLC personnel may not legally owe me a duty to take any action only behalf. I also understand that it is my responsibility to secure personal health insurance in advance, if desired.

I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any fitness/wellness facility activity. I acknowledge that I have either had a physical examination and have been given a physicians permission to participate in these activities, or I have decided to participate in these activities without the approval of my physician.

I understand that the activities, facilities, programs, and services offered by Kilter Fitness & Community Health, LLC may sometimes be conducted by persons who may not be knowledgeable, licensed, certified, or registered instructors or professionals.

In consideration for being permitted to participate in this program and because I assume all risks involved, I hereby agree that I am responsible for personal injury, damage to or loss of my property which may occur as a result of my participation at Kilter Fitness & Community Health, LLC or any fitness/wellness activity.

I further state that I am at least eighteen (18) years of age and fully competent to sign this document; and that I execute this release for full, adequate, and complete consideration.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS CONSENT AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST KILTER FITNESS AND COMMUNITY HEALTH, LLC FOR ANY INJURY SUSTAINED.

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