Terms & Conditions
This Agreement Affects Your Legal Rights. Please Read It Carefully and Sign Upon Your Acceptance.
1. Membership with KaturaHealth. I wish to become a member of Katurahealth. This company and its daughter company KTA Sports Rehab, its direct and indirect subsidiaries and affiliates, and all their employees, contractors, officers, directors, agents, representatives, sponsors, volunteers, and any other entity or person acting for them, and all of their successors and assigns are collectively referred to and covered by this Member Agreement [MA] as “Katura”. In consideration of the benefits of an Katurahealth membership, including but not limited to the Use of Katurahealth Premises and Services by me, any of my minor children or wards who are Katurahealth members (“Minor Member(s)”), any other adults on my membership (“Other Member(s)”), or any of my guests (“Guest(s)”), I hereby agree to all the terms and conditions of this MA, including the Assumption of Risk, Waiver of Liability, Defense and Indemnification, and Health and Safety provisions below.
2. Assumption of Risk. I understand there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Katurahealth premises, facilities, equipment, services, activities, or products, whether available through membership dues or a separate fee.
· Use of Premises and Services. I understand that the use of Katurahealth’s premises, facilities, equipment, services , activities, or products (Use of Katurahealth Premises and Services”) can include but is not limited to (1) locker rooms, studios, fitness floors, fitness equipment, clinic or office space, lobby, entryways, sidewalks, parking lots, and any other facilities or equipment; (2) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed, or operated by Katurahealth on or off its premises.
· Risks. I understand that the dangers, hazards, and risks of injury or damage in the Use of Katurahealth Premises and Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” and falls from fitness equipment; (2) equipment failure, malfunction, or misuse; (3) property theft, loss, or damage, including from lockers or vehicles; and (4) other accidents or incidents that may result in injury or damage to me, Minor Member(s), Other Member(s), or Guest(s).
· Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property, or other types of injuries or damages (“Injuries”) to me, Minor Member(s), Other Member(s), or Guest(s).
I understand that Risks and Injuries in the Use of Katurahealth Premises and Services (collectively “Risk of Injury”) may be caused, in whole or in part, by the ordinary negligence of Katurahealth, me, Minor Member(s), Other Member(s), Guest(s), and/or other persons. Fully Understand and Voluntarily and Willingly Assume, the Risk of Injury.
3. Waiver of Liability. On behalf of myself and my spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Katurahealth from, covenant and agree not to sue Katurahealth for, and waive any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or other alleged liabilities or obligations of any kind or nature (collectively, “Claims”) for any injuries to me, Minor Member(s), Other Member(s), or Guest(s) in the Use of Katurahealth which arise out of, result from, or are caused by any ordinary Negligence of Katurahealth, me, any Minor Member(s), any Guest(s), and/or any other person (collectively, “Negligence Claims”).
· Negligence Claims. I understand that Negligence Claims include but are not limited to Katurahealth (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of Katurahealth Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent provision of services; and (6) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; or (7) other negligent act(s) or omission(s).
· Katurahealth Fees and Costs. I specifically agree that if I (on my own behalf or on the behalf of another, including an estate) assert a Negligence Claim against Katurahealth and/or breach my agreement not to sue Katurahealth, I will pay all reasonable fees (including attorneys’ fee), costs and expenses incurred by Katurahealth (“Katurahealth’s Fees and Costs”) to defend (1) the Negligence Claim(s) and (2) all other claims based on the same facts as the Negligence Claim(s).
4. Defense and Indemnification. On behalf of myself and my spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, next of kin, heirs, personal representatives, heirs and assigns, I agree to defend, indemnify and hold Katurahealth harmless to the fullest extent permitted by law and against any claim (including Negligence Claim) asserted against Katurahealth by any other person arising out of, resulting from, caused by the Use of Katurahealth Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s).My agreement to defend Katurahealth means I will pay all of Katurahealth Fees and Costs incurred to defend the claim from the date the Claim is asserted. My agreement to indemnify and hold Katurahealth harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by Katurahealth to resolve the claim. I further acknowledge that any contractual agreements, written or verbal, that are entered into with personal trainers use Katurahealth as their place of business are entirely between the trainer and me, and I agree to hold harmless Katurahealth from any loss, liability, damage or costs, including court costs and attorney’s fees that may arise from my interactions with said personal trainers.
5. Health and Safety. I represent that I am healthy enough to engage safely in the Use of Katurahealth Premises and Services, and that I have had the opportunity to talk to a doctor prior to Use of Katurahealth Premises and Services, which Katurahealth strongly recommends. I acknowledge that Katurahealth does not and will not provide medical advice. I agree to remove myself, Minor Member(s), Other Member(s), Guest(s) from the Use of Katurahealth Premises and Services if I observe a hazardous, unsafe, dangerous or defective condition, or if instructed or if required to do so by Katurahealth. I consent to emergency care by Katurahealth for me, Minor Member(s), Other Member(s), Guest(s), I acknowledge that I am responsible for my own conduct, health and safety and that of Minor Member(s), Other Member(s), Guest(s), and that Katurahealth is not responsible for any medical expenses incurred by me, Minor Member(s), Other Member(s), Guest(s), in connection with the Use of Katurahealth Premises and Services.
6. Parent or Guardian Agreement. If I am the parent or legal guardian of a Minor Member, I acknowledge and represent to Katurahealth that I have the right and authority to make decisions concerning the care, custody and control of each Minor Member, including but not limited to the right and authority to execute this MA on the Minor Member’s behalf. By signing this MA, I am binding each of my Minor Member(s) to its terms, including but not limited to the Assumption of Risk, Waiver of Liability, Defense and Indemnification and Health and Safety provisions. I understand and agree that Minor Member(s) under the age of 16 will have parental or guardian supervision at all times, and that children under the age of 12 are not eligible to be Minor Member(s) or Guest(s).
7. Severability. I agree this MA, including the provisions listed above is intended to be as broad and inclusive as permitted under the applicable law. If a court declares any part of this MA unenforceable, invalid, or void, that part alone shall be severed from this MA, and the entire remainder of the MA, including a partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by the applicable law.
8. Other Provisions. I am not relying on any written or oral promises, statements, representations, covenants or warranties, other than those set forth herein, to induce me to sign this MA. This MA may be amended at any time by Katurahealth upon notice, if any, as required by law. If Katurahealth fails to enforce any right in this MA for any reason, Katurahealth does not waive its right to enforce it later.
· There are no long-term contracts or high initial registration fees.
· Membership is free digitally and occurs cost when the facility opens up
· All fees are billed monthly via Stripe and will appear on your statement as Katurahealth, so there are no checks to write or past due balances to pay.
· Activate your membership on our website:
· Membership fees cover unlimited use of the center, when center opens up
· Fees are billed on the first of each month, for the full month regardless of start or end date of the membership agreement.
· Memberships can be easily canceled with 15 days written or email notification.
Membership Fees (Subject to NJ taxes tax)
· Single Membership – $50.00 per month
· Membership for 2 – $75.00 per month
· Family Membership – $100 per month
· Single-day Guest Pass – $10.00
For the health, safety, enjoyment, and best results for all of the members of Katurahealth, the following guidelines are in place:
· All current physical therapy patients or former physical therapy patients who join the center within 30 days of discharge will not need to complete a PT consultation.
· Former patients (more than 30 days from discharge) and non-patient family members who wish to work out as a Guest or join as a Member or Additional Family Member must receive a free consultation with a doctor of PT to assess appropriateness of participation.
· Children under the age of 16 will be accompanied and supervised by a parent or guardian at all times.
· All members must be over the age of 12.
· Please re-rack your weights and be courteous by leaving the gym, locker, and bath rooms in good order.
· All premises within, adjacent to, and the property surrounding the exterior of the building, are 100% smoke-free, tobacco-free, and illegal substance-free.
· Be considerate of the numerous members, trainers, instructors, and clients who use the center, by being mindful of the time spent on pieces of equipment.
· Wear appropriate work-out clothing and refrain from profanity.