1. By signing this Complimentary Guest Pass Agreement (hereinafter referred to as the "Agreement"), you understand that you have accepted and entered into this Agreement with J.V. Fitness Ltd (trading as California Fitness) (hereinafter referred to as "California Fitness") and have read, understood and agreed to all the terms hereof. All rights and obligations will be in force from the date of signature. If you do not have the capacity to enter into this Agreement (i.e., you are under the age of 18), then this Agreement must also be entered into by your parent or statutory representative on your behalf, and such parent or statutory representative hereby agrees that he/she has the capacity to enter into this Agreement and hereby irrevocably guarantees the performance of your obligations under this Agreement.
  2. You may only use the California Fitness Club set forth in "Guest Pass Details" above (the "Club").
  3. You may use the Club from the Start Date to the Expiry Date, each as set forth in "Guest Pass Details" above. The maximum Number of Visits that you may make to the Club during this period is set forth in "Guest Pass Details" above.
  4. You must show your guest pass card before entry.
  5. In signing this Agreement, you acknowledge your understanding and acceptance of your rights and obligations hereunder and under the Membership Rules and Guidelines (hereinafter referred to as the "Rules and Guidelines"), which are incorporated by reference herein, and agree to follow them. The Rules and Guidelines are posted and / or are otherwise available at all California Fitness locations.
  6. You are solely responsible for the safekeeping of your personal belongings. During each visit to a club, you will have at your disposal a day locker to store your items. All lockers should be locked with a strong padlock supplied by you. For greater safety, California Fitness suggests using a KEY padlock and NOT a combination lock. DO NOT LEAVE ANY VALUABLE PROPERTY IN A LOCKER AT ANY TIME. To the extent you choose to bring higher-value or important personal property to a club, such as a mobile phone, jewelry, cash, credit cards, driver’s license, ID card, etc., you should store such property in one of the club’s security lockers and secure such security locker with a strong padlock. Use of a security locker is subject to availability of security lockers at such club. To the extent permitted by law, California Fitness is not liable to you for any personal property that is damaged, lost or stolen while on or around California Fitness’ premises, including but not limited to a vehicle or its contents or any property left in a locker, whether locked or unlocked. In the event this exemption clause is held to be unenforceable, you agree that in no event shall California Fitness’ maximum liability exceed HK$1000.
  7. You warrant and represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of California Fitness’ facilities. You confirm that California Fitness did not give you any medical advice and understand that California Fitness cannot at any time give you any advice relating to your physical condition and/or ability to use the facilities. If you have any health or medical concerns now or after signing this Agreement, you should consult with your physician prior to using the facilities. You agree that it is your personal responsibility to ensure that you are in a healthy and physically fit condition before commencing any exercise routine and you shall ensure that you conduct such exercise routine in a safe and careful manner.
  8. You agree to indemnify and hold harmless California Fitness, its officers, directors, employees, volunteers, agents and independent contractors (each such person, an "Indemnified Person") against any losses, liabilities and costs incurred by such Indemnified Person, including those arising from any claim made against an Indemnified Person by another member or guest of California Fitness, arising as a result of or in connection with any deliberate or negligent action or omission by you.
  9. The use of the facilities at California Fitness naturally involves the risk of injury to you, whether caused by you or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities and use of facilities offered by California Fitness, you understand and voluntarily accept this risk and agree that California Fitness, its officers, directors, employees, volunteers, agents and independent contractors will, to the extent permitted by law, not be liable for any injury, including without limitation, personal, bodily, or mental injury, economic loss, indirect, special, incidental or consequential damages or any other damage, to you or your spouse, unborn child or relatives resulting from the actions or negligence of California Fitness or anyone on California Fitness’ behalf or anyone using the facilities whether related to exercise or not. Further, you understand and acknowledge that California Fitness does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that California Fitness is providing fitness services and may not be held liable for defective products.
  10. By signing this Agreement, you acknowledge that you have received a copy of this Agreement.