707-224-2300 | 520 California Blvd, Napa, CA. 94559

Waiver and Release of Liability

Custom Health & Fitness Inc. urges all members to obtain a physical examination from a doctor before participating in any exercise program.  All exercises, including the use of free weights and use of any machinery, equipment and apparatus designed for exercise, shall be at the member’s sole risk. Members understand the agreement to use, or the selection of any exercise program, and the types of equipment chosen shall be members’ entire responsibility and that Custom Health & Fitness Inc. shall not be held liable for any claims, demands, injuries, or damage due to members’ actions while health club is supervised and while it is unsupervised.  Members understand that this health club is “use at your own risk at all times, under every circumstance” especially during unsupervised hours. Members agree and understand that they must be 18 years of age or accompanied by a parent or guardian whom is a member in order to use club during non staffed hours, and that parent or guardian has signed off and approved the usage of the facility.  Members realize that Custom Health & Fitness Inc. is open 24 hours a day.  Members hereby hold this business, its officers, owners, and agents harmless from all claims which may be brought against them by a member’s behalf for any such injuries or claims.   THERE IS A NO-REFUND POLICY ON SCHEDULED PERSONAL TRAINING AND/OR PREPAID CLUB MEMBERSHIPS.  WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME FOR ANY REASON WITHOUT REFUND.

By signing this agreement, I confirm that I understand and agree with the following:

For monthly paid (recurring billing) memberships only:

  • All recurring (monthly paid) memberships require the first and last month’s payment as well as an enrollment fee if it applies at the time of enrollment. I understand that these fees are not refundable under ANY circumstance.
  • Early cancellation of a 12-month membership will result in payment of a $50 cancel fee.
  • This membership is a continuous payment plan and will continue past my minimum contract commitment time until I terminate the agreement in writing and send the cancellation notice via certified mail, email OR in person at the facility’s office AT LEAST 30 DAYS in advance of my regular billing date.
  • If I have not paid my monthly dues and have passed the 30-day late marker, I will agree that my membership is terminated. I agree that in order for me to start my membership again I must comply as a new member with all fees.
  • If I have non-sufficient funds (NSF) in my account, I will be charged a $25 late fee after 10 days. NO EXCEPTIONS.
  • All monthly paid memberships may be placed on hold for a maximum of 3 months per year without a fee. If more time is needed, I will have to pay $10 per month my membership needs to be on hold past my 3 month hold. All months on hold do not count towards my contract.

For prepaid memberships only:

  • Any prepaid membership paid in full may be placed on hold for a maximum of 3 months without a hold fee. If more time is needed, there is a $10 charge per month beyond the 3rd month of holding.

For ALL memberships:        

  • I must provide my credit card number and/or checking account information at the time of sign-up to establish and maintain membership.
  • It is my responsibility to update/change my billing information with staff and have sufficient funds in my account at all times for automatic withdrawal of membership dues, guest fees, etc.
  • Memberships and key cards are non-transferrable and cannot be shared. NO EXCEPTIONS.
  • If I lose my key card or it is damaged for ANY reason, I must pay $25 for a replacement.
  • I will scan my own key card each and every time I access the facility and for everyone’s safety I will not allow any other person to use my key card.
  • Membership dues are not fully or partially refundable under ANY
  • I am NOT allowed to bring a guest in to the gym facility during non-staffed hours without first alerting staff and prepaying. Therefore, I must do the following: 1) Call the staff (and/or leave a voicemail message) ahead of time to notify them of my guest’s attendance; 2) Prepay the $10 guest fee; 3) Have my guest sign the guest binder and 4) Be responsible for my guest and his/her actions. I understand children do NOT qualify as guests and therefore are NOT allowed in the facility.
  • For security reasons, I will not open the door for strangers under any circumstance.
  • If I violate the guest policy by not calling ahead of time and making payment arrangements, I will be charged $100 and my membership will be terminated IMMEDIATELY. This is a serious violation and there will be NO EXCEPTIONS.
  • If I violate ANY other of the facility’s acceptable standards of conduct or safety, my membership will be terminated IMMEDIATELY and further action will be taken (if needed).
  • The club is under surveillance 24 hours a day in order to ensure each member’s safety.
  • This is a “use-at-your-own-risk” facility.
  • Stealing of any kind is not tolerated.
  • Damage of the facility and/or any of its contents will result in immediate cancellation of membership, full charge of all damages done and authorities (police) contacted immediately.
  • I am 18 years or older, or have had my parent/guardian sign my waiver and understand that if I am not 18 years or older, I am not permitted in the club during non staffed hours unless accompanied by a parent or guardian that is a member and 18 or older. Doing so will result in loss of membership without refund.