WHITEHALL WEIGHTS MT LLC
ONLINE MEMBERSHIP WAIVER, RELEASE & TERMS
Legal Entity: Whitehall Weights MT LLC
Facility: Whitehall Weights
Location: 113 W Legion St. Whitehall, Montana
IMPORTANT — LEGALLY BINDING AGREEMENT
THIS AGREEMENT RELEASES WHITEHALL WEIGHTS MT LLC FROM LIABILITY FOR ORDINARY NEGLIGENCE.
By clicking “I AGREE,” “ACCEPT,” or “SUBMIT,” completing registration, activating a membership, or entering the facility, I acknowledge and agree that this waiver is legally binding and that I am giving up substantial legal rights, including the right to sue.
Electronic acceptance constitutes a legally binding signature.
ASSUMPTION OF RISK
I understand that participation in gym activities, including but not limited to weight training, cardio equipment, free weights, group classes, locker rooms, and facility access, involves inherent and unforeseeable risks. These risks include, but are not limited to, muscle strains or tears, broken bones, joint injuries, cardiac events, stroke, slips, falls, equipment malfunction, unsafe conditions, permanent injury, or death, including risks arising from the condition of the premises or equipment .
I voluntarily and knowingly assume ALL risks , whether known or unknown, anticipated or unanticipated, even if caused by the negligence of Whitehall Weights MT LLC , to the fullest extent permitted by Montana law.
RELEASE OF LIABILITY
I hereby irrevocably release, waive, discharge, and covenant not to sue Whitehall Weights MT LLC , including its owners, members, managers, employees, contractors, trainers, agents, volunteers, and affiliates, from any and all claims, demands, damages, injuries, losses, costs, or causes of action of any kind, including those arising from ordinary negligence , premises liability, supervision, or equipment use, to the maximum extent permitted by the laws of the State of Montana.
This release includes claims for personal injury, property damage, emotional distress, permanent disability, or death .
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Whitehall Weights MT LLC from any claim, lawsuit, liability, damage, or expense, including attorney fees, arising from my participation, conduct, rule violations, damage to property, or any third-party claims caused by my actions.
MEDICAL ACKNOWLEDGMENT & NO GUARANTEES
I confirm that I am physically capable of participating in gym activities and that I am solely responsible for determining my fitness to exercise. Whitehall Weights MT LLC does not provide medical advice, medical supervision, or fitness guarantees.
I am in good physical and mental health and do not suffer from any condition that could endanger myself or others. I voluntarily choose to participate.
No guarantees are made regarding fitness results, performance, or outcomes.
UNSTAFFED FACILITY ACKNOWLEDGMENT & EMERGENCIES
I understand that Whitehall Weights is a 24-hour, unstaffed facility and that no employees, trainers, or medical personnel may be present at any time.
Whitehall Weights MT LLC does not monitor members or security cameras in real time and does not guarantee emergency assistance or response.
I am solely responsible for contacting emergency services (911) in the event of injury, illness, or emergency.
EQUIPMENT USE DISCLAIMER
I understand that gym equipment may malfunction, break, or fail. I agree to inspect equipment before use and discontinue use immediately if unsafe.
SECURITY CAMERAS & RECORDING CONSENT
I acknowledge and consent to continuous video recording by security cameras in common areas, including gym floors, entryways, hallways, and exterior areas.
I waive any expectation of privacy in these areas and consent to the use of recordings for security, safety, operational, and legal purposes.
Security cameras are not monitored in real time and do not replace member responsibility for personal safety.
KEY CARD POLICY & $150 SECURITY ACCESS FEE
All key cards remain the property of Whitehall Weights MT LLC.
Upon cancellation, the member may continue to use the facility through the end of the paid billing period. The key card must be returned within seven (7) calendar days after the final day of the paid period. You may return your key card at the drop box by the front door inside the gym.
Failure to return the key card authorizes a $150.00 charge to the card on file as liquidated damages, not a penalty.
Any use of the facility after the paid period without an active membership is unauthorized access , constitutes trespass , and may result in additional charges, access termination, or legal action.
NON-MEMBERS, GUESTS & KEY CARD SHARING PROHIBITED
Non-members and guests are prohibited unless expressly authorized in writing by Whitehall Weights MT LLC.
Key cards are non-transferable . Sharing, lending, duplicating, or allowing use by any other person is strictly prohibited.
Each violation results in a $100.00 fine per incident , charged to the card on file.
Unauthorized entry constitutes trespass and may be reported to law enforcement.
PERSONAL TRAINING & MEMBER CONDUCT
Members may not provide paid personal training, instruction, supervision, or coaching to others unless authorized in writing by Whitehall Weights MT LLC.
Loitering, sleeping, harassment, disorderly conduct, or remaining on the premises for non-exercise purposes is prohibited.
ALCOHOL, DRUGS & INTOXICATION
Use of alcohol, illegal drugs, or misuse of prescription medication while on the premises is strictly prohibited.
PERSONAL PROPERTY & LOCKERS
Whitehall Weights MT LLC is not responsible for lost, stolen, or damaged personal property.
Lockers and storage areas are used at the member’s own risk and do not create a bailment or duty of care.
DAMAGE TO PROPERTY
I agree to be financially responsible for any damage I cause to equipment, facilities, or property.
PAYMENT AUTHORIZATION, CHARGEBACKS & COLLECTIONS
I authorize Whitehall Weights MT LLC to charge the payment method on file for membership fees, access fees, fines, key card non-return fees, damages, and charges permitted under this agreement.
I agree not to dispute or charge back authorized charges. Unpaid balances may be sent to collections.
NO REFUNDS
Membership fees, access fees, fines, and charges are non-refundable and non-prorated .
RULES, MODIFICATIONS & ACCESS TERMINATION
I agree to follow all posted rules and staff instructions.
Whitehall Weights MT LLC reserves the right to modify rules, policies, or access procedures at any time and to suspend or revoke access without refund for unsafe conduct, rule violations, misuse of facilities, or access systems.
TEMPORARY CLOSURES / FORCE MAJEURE
Access may be temporarily suspended due to maintenance, emergencies, weather, power outages, government orders, or events beyond the control of Whitehall Weights MT LLC, without refund.
PHOTO & VIDEO RELEASE
I grant Whitehall Weights MT LLC permission to use photographs or video taken on the premises for marketing, promotional, operational, or legal purposes without compensation.
SEVERABILITY
If any portion of this agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW & VENUE
This agreement shall be governed by the laws of the State of Montana , with exclusive venue in Montana courts.
MINORS — PARENT / GUARDIAN CONSENT
If registering a minor, I confirm that I am the parent or legal guardian and consent to the minor’s participation.
I assume all risks on the minor’s behalf and fully release and indemnify Whitehall Weights MT LLC for any claims brought by or on behalf of the minor, including claims based on ordinary negligence, to the fullest extent permitted by Montana law.
Members must be 16 years or older to use the gym independently. If a member under the age of 16 wants to use equipment, they must use it under direct supervision and guidance of their legal guardian.
Non-members under the age of 16 must be directly supervised by a legal guardian, who is a member. They may not use equipment and may not play, run, or climb in workout areas.
If you have a child who will not be a member and must accompany you to the gym, email whitehallweights@gmail.com.
Whitehall Weights