Terms of Service - The Hill Kansas City

Terms of Service.

Month-to-Month Memberships.

CrossFit Midwest, LLC ("The Hill Kansas City" or "CrossFit Memorial Hill") Membership Agreement

Services Provided

The Hill Kansas City obligations hereunder and the undersigned Members' membership are conditioned upon (i) Member executing this Agreement and initializing as designated and (ii) Member otherwise complying with this Agreement (including, without limitation, the Rules defined below) For purposes of the foregoing conditions, the term "member" shall include each individual ( i.e., spouse and children) included in a membership. Conditioned on the foregoing, operating hours, as established from time to time, and (b) participate in any one or more group classes offered by The Hill Kansas City from time to time. By class or appointment-only training, unless otherwise noted.

The facility is located at the address of 2540 West Pennway Street, Kansas City, MO 64108.

Operating Hours: vary, see https://thehillkc.com

Membership Payment:

All fees and schedules are subject to change without notice. There are no refunds for membership fees.

Memberships will be charged on the day they are created

All Membership package rates are per calendar month, paid monthly.

Compliance with Rules:

The Member shall abide by all membership and facility rules and regulations established by The Hill Kansas City, which may be posted at the facility, provided in writing, or issued orally and which may be amended from time to time in the sole discretion of The Hill Kansas City (collectively, "Rules"). I agree that improper or unauthorized use of the facility or violation of the Rules may result in member suspension or cancellation at The Hill Kansas City's discretion.

General:

This Agreement and the Rules represent the complete understanding between the member and The Hill Kansas City. No representations, written or oral, other than those contained in this contract are authorized or binding upon The Hill Kansas City. The member understands that they are obligated to pay the membership fee regardless of whether the member uses the facility. The member agrees to promptly notify The Hill Kansas City in writing of any changes of address, e-mail, phone, and/or billing information. At the end of the term of this membership contract, your membership will automatically convert into a month to month membership at that membership rate, unless you wish to renew for a new contract term.

Membership Terms:

Membership dues are paid on a monthly basis on the date the membership was created.

Membership may be put on hold for no less than 30 days and no more than 60 days.

Changes and hold requests must be made via email to hello@thehillkc.com at least fifteen (15) days in advance.

Cancellations must be made via https://thehillkc.com/membership-cancellation/ at least thirty (30) days in advance.

Cancellation Rights:

All cancellation requests must be made in writing via https://thehillkc.com/membership-cancellation/ thirty (30) days prior to desired end date.

Cancellation Rights - 12 Month Commitment:

Contract may be cancelled without penalty in the event of military deployment.
Cancellation for any other purpose will result in a $350 cancellation fee, which cannot be used as an account credit.
All cancellation requests must be made in writing via https://thehillkc.com/membership-cancellation/.

RELEASE OF LIABILITY, NEGLIGENCE WAIVER, & ASSUMPTION OF RISK AGREEMENT

CROSSFIT MIDWEST LLC dba THE HILL KANSAS CITY recommends that you clear your participation in any exercise program with your physician.

I, the undersigned, acknowledge that I have chosen to participate in one or more physical fitness program(s) provided by CrossFit Midwest, LLC dba THE HILL KANSAS CITY (“THKC”) which may include, but not necessarily be limited to CrossFit Training and/or individual training or coaching of any kind. THKC has made me fully aware that the fitness programs/classes which THKC offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I, the undersigned, recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: injury to musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner(s), or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and/or my training partner(s). %%INITIAL%%

I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in THKC’s programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I hereby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by THKC. THKC informed me that (i) there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same, and (ii) these changes could include, but are not limited to abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding the above information, I agree to assume any and all risk associated with my participation in THKC’s fitness programs/classes. %%INITIAL%%

Release: In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by THKC, and with my full understanding of all of the above, I voluntarily waive, release, discharge, and hold harmless THKC, Ready Set Flow Yoga, CrossFit, Inc. and their agents, officers, principals, employees, volunteers, affiliates, directors, staff, suppliers, licensors and licensees of any and all liability, claims, demands, actions or rights of action or damages of any kind related to, arising from, or in any way commented with, my participation in THKC’s fitness programs/classes, including those allegedly attributed to then negligent acts or omissions of any of the above mentioned parties. In signing this document, I fully recognize and understand that if I (or any minor on whose behalf I am signing this release) am injured, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against THKC, even if it (or any of and its agents, officers, principals, and employees and volunteers) negligently or by some other act or omission cause the injury or damage. I understand that I am waiving any and all potential claims for future NEGLIGENCE. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. %%INITIAL%%

Guardian: As a parent or legal guardian if a THKC participant under 18 years of age (a “Minor Participant”), I have read and voluntarily agree that said Minor Participant may participate in these fitness programs/classes, and I sign this release on their behalf and as or on the behalf of the Minor Participant’s parents and/or legal guardians. In addition, I also give full permission for any person connected with THKC to administer to the Minor Participant any first aid deemed necessary, and in the case of serious illness or injury, I give permission to call a medical facility for medical and/or surgical care for the Minor Participant and to transport the Minor Participant to a medical facility deemed necessary for the well-being of the child. %%INITIAL%%

Medical Care: I also give full permission for any person connected with THKC to administer first aid deemed necessary, and in the case of serious illness or injury, I give permission to call a medical facility for medical and/or surgical care and to transport me to a medical facility deemed necessary for my well-being. %%INITIAL%%

Indemnification: I recognize that there is risk involved in the types of activities offered by THKC. Therefore, I accept financial responsibility for any injury that I (or the Minor Participant) may cause either to him/herself or any other participant due to my (or the Minor Participant’s) negligence. Should THKC, or its agents, officers, principals, and employees and volunteers, be required to incur attorney’s fees and defense costs in order to enforce this agreement due to the actions or inactions of the undersigned (or the Minor Participant), I agree to reimburse THKC for such fees and costs. I further agree to indemnify, defend, and hold harmless THKC, Ready Set Flow Yoga, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from any negligent or intentional act or omission by me (or the Minor Participant) while participating in activities offered by THKC. %%INITIAL%%

Use of picture(s)/film/likeness: I further agree to allow THKC and Ready Set Flow Yoga the use of picture(s), film, and/or likeness of me for advertising and/or marketing purposes. %%INITIAL%%

I have read this document in its entirety, I fully understand the foregoing assumptions of risk and release of liability and I understand that by signing it I have released any and all claims against CrossFit Midwest, LLC dba The Hill Kansas City and Ready Set Flow Yoga. I understand that this agreement obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission or that of the Minor Participant for whom I am claiming responsibility; I understand that by voluntarily signing this form I am waiving certain legal rights.

%%SIGNATURE%% %%DATE%%

%%SIGNER_NAME%%

Full Facility and Program Access Assumption of Risk:

24/7 Program Access Assumption of Risk:

CrossFit Midwest, LLC dba The Hill Kansas City (hereinafter referred to as “THKC”) STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE PROGRAM WITH YOUR PHYSICIAN. USE OF THE EA FACILITIES UNDER THE 24/7 ACCESS PROGRAM IS UNMONITORED, AND YOUR USE OF THKC EQUIPMENT AND FACILITIES IS AT YOUR OWN RISK – THKC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGES INCURRED BY YOU ARISING OR CONNECTED IN ANY WAY WITH YOUR USE OF THKC EQUIPMENT AND FACILITIES. MEMBERSHIP IS AT THKC SOLE DISCRETION AND ANY VIOLATION OF THE RULES AND REGULATIONS CAN RESULT IN CANCELLATION OF MEMBERSHIP.

IN CONSIDERATION OF THKC MAKING ITS EQUIPMENT AND FACILITIES AVAILABLE FOR MY USE, I ACKNOWLEDGE AND AGREE AS FOLLOWS:

- I am fully aware that my access to the THKC equipment and facilities will be unattended and I am solely responsible for my own safety and well-being while participating in physical training activities at the THKC facilities or utilizing the THKC equipment.

- I recognize and understand that physical training is not without varying degrees of risk, which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems, which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me.

- I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in physical training and accept full responsibility for any injury or death that may result from my participation.

- I hereby certify that I know of no medical problems that would increase my risk of illness and injury arising from use of the THKC equipment or facilities. I understand there exists the possibility of adverse physical changes during physical training. I fully understand that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death. With my full understanding of the above information, I agree to assume any and all risks arising from or in any way associated with my voluntary participation in THKC physical activities or the use of the THKC equipment or facilities under the 24/7 Program Access.

Release:

In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at THKC, I, the undersigned hereby release CrossFit, Inc., its officers and directors, and THKC, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

If I am signing on behalf of a minor child, I also give full permission for any person connected with THKC to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Personal Property:

I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the THKC facilities, and that THKC cannot guaranty the security or safety of my property. Should I leave any property at the THKC or otherwise in the custody of THKC, I do so at my sole and absolute risk. THKC shall not have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.