This Waiver of Liability and Assumption of Risk Agreement (“Agreement” or “Waiver of Liability Agreement”) is entered into between Lumin Las Colinas LLC (“Lumin Fitness”), located at 5240 North O’Connor Blvd. Unit 166, Irving, TX, 75039, and you, the user of this facility. Lumin Fitness is a fitness studio offering Group and Solo fitness classes. This Agreement entitles users access to participate in these classes and to enjoy other amenities offered including but not limited to: lockers, changing rooms, restrooms, showers and stretching areas, unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between Lumin Fitness and all users. By using the services offered at Lumin Fitness, you are agreeing to the terms of this Agreement.

‍WAIVER OF LIABILITY AND ASSUMPTION OF RISK

Conduct/Damages: This Lumin Fitness studio (“Lumin Fitness”) is committed to the health, safety, and welfare of each of its users and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Lumin Fitness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Lumin Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Lumin Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Lumin Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Lumin Fitness.  

Safety: By attending classes, events, activities and other programs at Lumin Fitness, you agree to abide by the following safety rules, as well as other safety rules posted at the studio and/or online:
Dress Code: Members are expected to wear appropriate workout attire, including athletic shoes and clothing that covers the chest and torso.
Hygiene: Members are expected to maintain good hygiene, including wiping down their space and their equipment after use.
Personal Belongings: Members are responsible for their personal belongings and are encouraged to use lockers or designated storage areas. Lumin Fitness is not responsible for lost or stolen items.
Equipment Use: Members are expected to use equipment safely and follow any usage guidelines provided by Lumin Fitness. Members should not monopolize equipment or use equipment for unintended purposes.
Courtesy: Members are expected to be courteous to other members and team members, refrain from using profanity, and avoid disruptive behavior.
Pets: Pets are generally not allowed in the workout areas of the fitness studio, except for certified service animals as required by law for individuals with disabilities. Members who bring service animals must provide documentation of certification upon request.

‍Photo/Video Release: You hereby grant Lumin Fitness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Lumin Fitness and to use and publish these photos or videos in print and/or electronically. You agree that Lumin Fitness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

‍AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK
‍By signing up for and/or attending classes, events, activities and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Lumin Fitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities. You recognize that the Classes and Facilities utilize LED screens, moving pictures and music which may cause imbalance or distraction during class.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules and verbal instructions given to you via in-ear audio and the Lumin Fitness team. You hereby affirm that you are in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in Lumin Fitness’s Classes. You are aware that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise class, or anyone initiating a substantial change in the amount of regular physical activity performed. If you have chosen not to obtain a physician’s consent prior to participation in Lumin Fitness’s Classes, you hereby agree that you are doing so solely at your own risk. You understand that it is your sole responsibility to participate in exercises that are appropriate for the current status of your health.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless this Lumin Fitness studio, Lumin Fitness Franchising LLC , its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Lumin Fitness's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Lumin Fitness's Classes and Facilities, and should not be participating in any Classes.