Terms

The following are the terms and conditions of Olympia Training Center ("Olympia" or "OMA Training Center LLC"). By entering the facility located at 2600 Walnut Ave. Unit G, Tustin, California, using any of the online resources of Olympia, and/or participating in any activities at other locations, both indoor and outdoor, that are sponsored by or involve Olympia, including competitions and programs, you (the "Member") agree to the following:

1. ASSUMPTION AND ACKNOWLEDGEMENT OF RISK: I hereby acknowledge, accept and agree that physical training (including but not limited to parkour, acrobatics, martial arts, yoga, weapons training and fitness training) and the use of Olympia facilities, participation in Olympia activities, and/or observation of such activities involves inherent risks. I have received full information regarding Olympia facilities and have had the opportunity to ask any questions that I wished. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I have examined the training facility and have full knowledge of the nature and extent of all the risks associated with physical training and the use of the facilities at Olympia including, but not limited to:
a. all manner of injury resulting from using the Olympia equipment, which includes but it is not limited to jumping on trampolines, climbing bars, jumping over vault boxes and other obstacles, using slack lines and balance beams, holding or hitting punching and kicking bags, using resistance cords or free weights, climbing walls, ropes, silks or obstacles and wearing sparring gear;
b. rope abrasion, bruising, entanglement and other injuries resulting from activities on or near the equipment such as, but not limited to, climbing, jumping, striking, running, and any other training techniques;
c. injuries resulting from the actions or omissions of others, including but not limited to excessive contact strikes, improper obstacle and equipment placement, improper or punching bag holding technique;
d. cuts, abrasions and breaks resulting from contact with the obstacles or any other surface;
e. failure or misuse of any equipment such as, but not limited to, resistance cords, free weights, sparring gear, trampolines, vault boxes, crash pads, punching bags, climbing ropes, silks, climbing bars and slack lines;
f. failure to follow Olympia agent instruction or failure to ask for information or assistance.

I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Olympia facilities and physical training and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities.

I confirm that I am physically and mentally capable of participating in the use of Olympia facilities and all Olympia activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activity or activities immediately. In order to avoid any illness, serious injury, or death, Olympia has advised that I consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet/nutrition alternations.

I acknowledge that there are certain dangers associated with the use of or participation in activities at Olympia other than fitness training/acrobatics/Parkour/yoga/martial arts equipment or activities, including, but not limited to, the use of exercise equipment or participation in group exercise classes.

I understand that martial arts and Parkour training at Olympia is not the same as fighting or practicing Parkour outside the Facility. I understand that the instruction I may receive from Olympia or at Olympia facilities is not necessarily applicable to real or other artificial activities. I understand that the instruction I receive at Olympia does not prepare me for full contact fighting or Parkour outside the Facility.

I am aware of the safety policy recommending the use of a protective helmet that could prevent permanent brain damage or other injury in the event of an accident. I understand that wearing a helmet does not eliminate the dangers associated with physical training but that in certain instances a helmet can reduce the risk of permanent injury or death. I am also aware it is my responsibility to provide and use a protective helmet according to manufacture specifications. I understand that Olympia recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice. I AGREE TO ASSUME ALL RISK OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF MY NOT WEARING A HELMET.

I understand that training gear and other equipment could become damaged or defective. I am capable of examining and assessing and am responsible for my own equipment that I use. If damage occurs to equipment belonging to Olympia while I am using it or I otherwise become aware of damaged Olympia equipment, I will bring it to the immediate attention of the Olympia staff in charge so that they can evaluate the equipment.

2a. RELEASE AND INDEMNIFICATION: I agree to accept and assume all of the risks existing in these activities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Olympia and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless OMA Training Center LLC; dba "Olympia Training Center"; its officers, owners, affiliates, agents, and employees; the landlord of Olympia; the designers and engineers, manufacturers, installers or distributors of Olympia's training equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the "Released Parties"), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Olympia, Olympia facilities, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct.

Olympia contains a number of cameras, photographic and video, and web-cams and I consent to the use of such devices. I understand that during the use of the facility, web-cams and cameras may record my activities. Olympia reserves the right to use client's likeness or images as well as any video or photographs recorded by the cameras, web-cams, or other devices. I hereby grant Olympia, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the cameras and web-cams for any purpose. Clients are permitted to take personal photos at the facility. Anything beyond reasonable use of photographic equipment by a participant for personal, non-commercial purposes shall require the express consent of Olympia management.

I understand and agree that Olympia and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of Olympia's policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate.

I further understand and agree that I am solely responsible for my personal property while it is at any Olympia facility or event; Olympia and its personnel assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I become the victim of a theft, I will report it immediately to Olympia personnel.

Should Olympia or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person."

2b. RISK OF COVID-19: I hereby acknowledge, accept and agree that there is risk while training at the Facility, including the possibility of being exposed to the COVID-19 virus. I agree to indemnify and hold harmless OMA Training Center LLC; dba "Olympia Training Center"; all of its officers, partners and members for any damages that may arise due to COVID-19 exposure. Additionally, I have read the "Olympia COVID-19 Safety Guidelines" and I agree to adhere to these guidelines to minimize risk for all members.

3. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY: This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.

FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Orange, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Orange, California, for purposes of confirming any such award and entering judgment. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator's fees, and the reasonable attorney's fees of the prevailing party.

This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Olympia's facilities, now or any time in the future, whether caused by Olympia's negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Olympia, incurred by any claims made by me or on my behalf.

4. GYM AND FACILITY POLICIES: I agree to the following policies in regard to training at Olympia:
a. Vacation - If a student is going to miss more than two consecutive lessons, he or she must fill out a written vacation notice, or submit an online vacation notice in Billing tab of the student's Members Page, which can be found at the following web address: https://www.olympiatrainingcenter.com/Members.php. For the time absent, the student can either schedule make up lessons or suspend tuition. Please sumbit a vacation notice at least 2 weeks in advance.
b. Automatic Payment - Tuition is automatically charged on the card on file every four weeks, two days ahead of the due date (due date of 4 week programs is always on Sunday). If paid by check or cash, it must be received on or before Friday of the week it is due.
c. Late Payment - If the tuition is not paid by the due date, as a result of bounced checks, declined credit cards or other reasons, training will be discontinued until the account is balanced.
d. Refunds - Refunds are only issued in the form of account credit. If a student does not wish to participate in a program he or she has signed up for, in certain cases the credit could be used toward other Olympia products or training.
e. Ending Lessons - To discontinue lessons, the client must submit an online four week notice in all cases. Cancellation of Membership shall be submitted in Billing tab of the student's Members Page, which can be found at the following web address: https://www.olympiatrainingcenter.com/Members.php
Students are responsible for charges during the four week period and are always encouraged to print the page once their cancelation is submitted.
f. Opt-in Communication – Olympia will use the provided phone number and email address to call, text and email you regarding your participation at the gym. Such messages may include class reminders, event updates, test notifications, progress reports and news relevant to you. By entering your contact information, you are opting in to receive such communication. You can opt-out at any time by replying "stop" to any message. Your contact information remains private and will not be shared third party vendors.
g. Policy Change - Olympia reserves the right to change its policies. If any of the terms are altered, the changes will be posted in the Waiver form provided online, which can be accessed at the following web address: https://www.olympiatrainingcenter.com/Terms.php
This policy was last modified on 08/15/2023.
g. Content - The content displayed in the Olympia facility or website may be provided by a third party and is solely the responsibility of the individual who posted it. Olympia is not responsible for any of the content displayed or sent through the Olympia website. Olympia does not control the content, so the Member understands that he might be exposed to offensive, inappropriate, misleading and inaccurate materials such as text, images and videos. The Member agrees to access websites and other material linked on Olympia at his own risk and understands that Olympia is not liable for any loss or damages caused by the content posted on Olympia or other websites that are linked through Olympia. Any interaction with third party entities discovered though Olympia is solely the responsibility of the Member and Olympia is not liable for any loss or damages due to this interaction.

Your Consent: By entering the OMA facility, you consent to our Terms

Questions: If there are any questions regarding this policy you may contact us using the information below.
www.olympiatrainingcenter.com
2600 Walnut Avenue, Unit G
Tustin CA 92780
USA
info@olympiatrainingcenter.com