Middle School Girls Clinic at Athena

Waiver and Release of Liability

In consideration of my participation in {membership_title} (the “Activity”) provided by Athena Warrior Fitness, LLC d/b/a Athena Mobility & Strength and all Athena Mobility & Strength affiliates, related entities, employers, employees, agents, representatives, successors, and assigns (the “Company”), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the Company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me on, or about the premises, or as a result of the Activity, regardless of whether such injuries result, in whole or in part, from the negligence of the Company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the Company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out participation in the Activity.

I expressly agree to indemnify and hold the Company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

I agree to be solely responsible for safety and well being of myself. I understand that the Company is not responsible for the supervision, instruction, or assistance for the use of the facilities and equipment.

I agree to comply with all rules imposed by the Company regarding participation in the Activity.  I agree to conduct myself in a controlled and reasonable manner at all times.

I understand and acknowledge that the Activity involves risk of serious injury, including permanent disability and death.

I understand and agree that the Company is not responsible for property that is lost, stolen, or damaged while participating in the Activity.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.

Date: {sign_date}

Participant Name:

[Version 1 - August 2026]

RELEASE and AUTHORIZATION to PHOTOGRAPH, FILM or OTHERWISE RECORD

By signing the agreement below, I, the undersigned, do hereby consent to myself being photographed, filmed or otherwise recorded by audio or visual means by Athena or any of its affiliates, and I also give Athena Warrior Fitness, LLC (“Athena”) permission to put the finished photographs, films, or audio or video recordings, to any legitimate uses it may deem proper, including for its own business purposes, advertising, promotions and publicity.  I understand Athena may be using my likeness and/or voice for business purposes.  

Further, I hereby relinquish and give to Athena all right, title and interest I may have in the finished pictures and film, negatives, audio and video recordings, reproductions, alterations and  modifications and copies thereof (the “Recordings”), and further grant Athena the right to assign the Recordings to any individual, business firm, or publication or to any of their assignees and to circulate the same for any and all purposes and in any manner, including publications and advertisements of all kinds in all media, reproductions.  Athena has the right to alter, modify, convert into other media or format, compile with other media, disassemble, or otherwise change the Recordings without further approvals from me and without my review or approval of such changes.  The forgoing notwithstanding, Athena will not alter the Recordings for false or deceptive advertising.  

I, the undersigned, do hereby further agree and acknowledge that I have not, and will not claim to have, either under this agreement or otherwise, any right, copyright, title, or interest of any kind or nature whatsoever, in and to any program of films, audio or video recordings taken by Athena in which I or my property appears, including but not limited to the scripts, title, copyright, ideas, names, theses and/or the other characteristics and incidents of any such program of Athena its successors, agents, licenses, customers and assigns. 

I further hereby release Athena, its associates, successors and assignees, from any and all claims for damages for libel, slander, invasion of the right of privacy, or any other claim based on the use of said material. This release is made on behalf of myself, my heirs, executors, administrators and assigns, and is to be governed by the laws of the Commonwealth of Pennsylvania.

I consent to the use of my image as described above.

I DO NOT consent to the use of my image as described above.

Name: {name} 

Date: {sign_date} 

[Version 1 - August 2026]

ATHENA MOBILITY & STRENGTH - General Policies & Procedures

This document outlines policies and procedures that apply to all clients of Athena Mobility & Strength, regardless of membership or package type. Terms specific to your particular service (Private Coaching, Semiprivate Training, Remote Training, or Template Training) are set forth in your individual member agreement. Together with your member agreement and AMS's General Liability Waiver and Release, this document governs your relationship with Athena.

There are specific sections below that we will ask you to initial that you’ve read and understand because they are very important. If you have any questions about these policies, please ask before you initial and sign. 

STUDIO CONDUCT & FACILITY USE

Parking: Athena has 4 dedicated parking spots in the lot behind the studio for members to use during their sessions. Please do not park in the spots in our lot that are not marked specifically for Athena. Other parking options include the pay-to-park Post Office lot on Louther Street as well as paid street parking in the blocks surrounding the studio. We recommend using the app for ease of parking payment, but you are also welcome to use coins. Please give yourself time when arriving to potentially navigate alternative parking as our spots may be in use by other members. We understand that in a perfect world we would have more parking spots, but this is currently what is available!

Attire: Please wear clean, comfortable workout attire suited to movement. Athletic shoes should be supportive and functional, though bare feet or grip socks are acceptable for many exercises (talk to your coach about what's appropriate for your program). During wet or snowy conditions, please bring a dry pair of shoes to change into before your session to help protect our floors and keep the space clean for everyone.

Cubbies: Cubbies are available in the studio for you to keep personal items during your session. You are also welcome to keep an extra pair of shoes for studio use and any other small items you use regularly in your workouts in a cubby container overnight. Please be mindful of condensing your belongings so other people have room to use the cubbies. We are not responsible for lost or damaged items.

Punctuality: Please arrive ready to train at the start of your scheduled session. If you arrive late, we'll accomplish as much as we can with the time remaining. If you arrive more than 20 minutes past your session start time, the session will be treated as a late cancellation under your agreement's cancellation policy. If you're running late, please reach out as soon as you can (call or text the studio).

Equipment Care: Please help wipe down and put away equipment after use, and reset your space so it's ready for the next person. Report any damaged or malfunctioning equipment to a coach or staff member.

Guests & Children: Athena is a working studio, and space and supervision are limited. Children under 15 are not permitted to participate in sessions or use equipment unless a program has been specifically designated for their age group. Children 15 and older are welcome as clients under the standard onboarding process. If you'd like to bring a child with you, please arrange this with staff in advance. Our team cannot supervise children during your session, so you should come prepared for your child to sit quietly with something to occupy them, off the main training floor (this is for their safety as well as ensuring that other clients in the space are able to focus on their movement experience). 

I understand and agree with the above.

TECHNOLOGY

Your program, communication with your coach, and progress tracking all live in CoachRX, and scheduling and billing run through Gymdesk. Using these platforms consistently allows us to manage everyone's programming and stay on top of communication effectively. With the number of clients we work with, it's what allows each program to stay individualized rather than generic.

If you're not naturally tech-savvy, that's completely okay. We know that learning a new app or platform comes with a bit of a learning curve, especially at the start. We promise it's simple and intuitive if you set aside a few minutes to learn. Don't hesitate to ask your coach for a quick refresher at any point, even if it's something you feel like you "should" already know. There's no such thing as a silly question here.

I understand and agree with the above.

COMMUNICATION

We aim to respond to all client communication with messages through CoachRX, calls, texts, or emails within 1-2 business days. Response times may be longer on weekends or holidays. For anything urgent or same-day (like a same-day cancellation), please call or text the studio directly rather than relying on CoachRX or email.

We ask the same of you: if something isn't working, if your circumstances change, or if you're thinking about stepping away, please tell us. We would always rather have that conversation than have you quietly disengage.

It is your responsibility to communicate any change in your medical status; a new medication, a new diagnosis, a referral from a physician, or anything else relevant. This information is useful so that your coach can adjust your program accordingly. In order to work within our scope of practice, your coach may recommend or coordinate with outside medical professionals (physical therapists, physicians, mental health providers, dietitians, etc.) when appropriate, and reserves the right to pause programming if it is in your best interest to be cleared by a healthcare provider before continuing.  We reserve the right to require a doctor’s clearance prior to providing services.

I understand and agree with the above.

PAYMENT

Accepted Payment Methods: Athena accepts payment via credit card, ACH, or check for personal training packages. A card or bank account on file is required for any recurring membership or session package. If possible, ACH is preferred for recurring memberships as it saves us substantial costs on processing fees. 

General Billing Practices: Recurring memberships are billed automatically on the schedule outlined in your member agreement. Session packages are paid at the time of purchase, in full or according to the payment plan outlined in your agreement. Specific cancellation, refund, and failed-payment terms for your service are outlined in your individual member agreement.

Package Purchase Cancellation & Refunds: You have three (3) business days from the date of purchase to cancel your package for any reason and receive a full refund. After three (3) business days, packages are non-refundable but may be transferred as an equivalent credit to another client with a written request to Athena.

Split-Payment Packages: If you selected the split-payment option for a personal training package, your second payment is due on the date agreed upon at purchase. If a scheduled payment is unsuccessful, you will be notified promptly and given a short grace period to resolve it. If payment is not resolved within that window, your remaining sessions may be paused until the balance is settled.

Pricing Changes: Athena reserves the right to update package or membership pricing. Any pricing change will apply to packages purchased after the effective date of the change and will not affect packages you have already purchased. 

I understand and agree with the above.

SCHEDULING AND CANCELLING APPOINTMENTS

• For private training sessions: Advanced payment via a package purchase is required before any sessions will be scheduled or days/times will be reserved. We do our best to stick to a regular weekly schedule (days and times) for ease of planning. Appointments may be changed or cancelled with at least 24 hours' notice by calling or texting the studio. If less notice is given, the session is forfeited and will count against your package. If Athena must cancel or reschedule a session, we will reach out with as much notice as possible using the contact information we have on file. Sessions cancelled within the appropriate notice period can be added to the end of the package. If you must take an extended break from in person sessions, we will do our best to work with you to keep your scheduled spot available but cannot guarantee it for any length of time. 
• For semiprivate sessions: An active recurring membership is required in order to reserve your spot in a semiprivate session. We ask all semiprivate members to commit to a regular weekly schedule of session days and times and sign up for those sessions on Gymdesk. If you cannot make your regularly scheduled session, you are welcome to use an open gym time as an alternative. Please do not sign up for a different time/day without checking with your coach. We do not currently impose a penalty for late cancellations or no-shows, but reserve the right to do so in future if needed. If Athena must cancel or reschedule a session, we will reach out with as much notice as possible using the contact information we have on file. We reserve the right to substitute a different coach for semiprivate sessions without notice. If you must take an extended break and pause your membership, we will do our best to work with you to keep your scheduled spot available but cannot guarantee it for any length of time. 
• For open gym sessions: You must sign up for your open gym sessions in advance on Gymdesk. Please cancel your reservation at least 24 hours in advance if you will no longer be able to attend. We do not currently impose a penalty for late cancellations or no-shows, but reserve the right to do so in future if needed, especially if it means someone on the waitlist was unable to take your spot. If Athena must cancel or reschedule a session, we will reach out with as much notice as possible using the contact information we have on file. We reserve the right to update the open gym schedule at any time, but will give appropriate notice prior to doing so.  

I understand and agree with the above.

BUSINESS CONTINUITY

Temporary Closure: If Athena closes temporarily for a period of ten (10) days or more, but less than thirty (30) days, active memberships will be extended by a period equal to the closure.

Extended Closure: If Athena closes for more than thirty (30) days and does not provide a comparable facility within ten miles of downtown Carlisle, Pennsylvania, clients will be refunded for any unused, paid sessions or membership time.

Transfer or Sale of the Business: If Athena is sold or transferred and a client wishes to cancel for that reason, the client must notify the owner within thirty (30) days of receiving notice of the sale or transfer. Any refund owed will be issued within forty (40) days, calculated based on the unused portion of the client's paid membership or package.

Refund Security: Athena holds client funds in a dedicated account at Members 1st Federal Credit Union. Refunds owed to clients, where applicable, are issued from this account.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold us and our members, directors, officers, employees, agents, and independent contractors harmless from and against, and will pay to each of the foregoing the amount of, any loss, liability, damage, or expense (including, but in no way limited to, reasonable attorney fees) incurred, whether or not arising from a third-party claim, that arises from or relates to any claim of any nature (whether sounding in contract, negligence, or otherwise) involving your breach of this agreement, violation of law, or willful misconduct, recklessness, negligence, error, omission, action, or inaction. Furthermore, you expressly agree that our shareholders, directors, officers, employees, agents, and independent contractors are third-party beneficiaries of your obligation to indemnify.

WARRANTY AND DISCLAIMER

We are not medical professionals and any information we provide regarding training, nutrition, recovery, wellness, or performance is educational in nature and should not be construed as medical advice, diagnosis, or treatment.  You agree to assume all risks associated with the services.  You acknowledge that participation in fitness training carries inherent risks, including the risk of injury, illness, or other adverse health events.  You understand that the services are not a substitute for medical care and agree not to rely on Athena for medical advice, diagnosis, treatment, or emergency assistance.

We will provide you services on an “as is” and “as available” basis and, to the maximum extent permitted by applicable law, we expressly disclaim any and all warranties of any nature whatsoever regarding the services, including, but not limited to, any implied warranty of merchantability, implied warranty of fitness for a particular purpose, and any warranty of non-infringement.  

UNFORESEEN EVENTS

We will not be in violation of this agreement to the extent we are unable to provide services due to any COVID or similar public health issue, act of god, natural disaster, casualty, accident, shortage of labor or materials, computer system failure, act of government, law, rule, or regulation, act of terrorism, irreparable damage to your studio space or similar type of event or occurrence beyond our control.

We reserve the right to require users of our services to comply with any and all government health orders.

LIMITATION OF LIABILITY

We will not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of the services. Our total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to Athena in the six months’ preceding the incident giving rise to the liability.

TERMINATION OF OUR RELATIONSHIP WITH YOU

We may refuse to provide services or enter into a relationship with anyone at any time, including you. If we enter into a relationship with you, we may terminate that relationship at any time if (a) you fail to pay for services in a timely fashion, (b) you fail to honor your obligations under this agreement, or (c) we choose to do so for any reason or no reason at all. 

INTELLECTUAL PROPERTY OWNERSHIP

We own all right, title, and interest in and to the services, all trademarks, trade dress, logos, graphics, and designs, and nothing in this Agreement can be construed as granting or conveying any such right, title, or interest to you. 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You acknowledge and agree that all Athena content and materials, including but not limited to systems, designs, wording, colors and graphics are proprietary trade secrets protected by copyrights, trademarks, service marks, patents, or other proprietary rights and by other laws and that their use is restricted by the terms of this agreement. Use of the content or materials of Athena for any purpose without written permission from us is strictly prohibited.

GOVERNING LAW

The terms of this agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any action arising out of or relating to our relationship shall be filed only in state or federal courts located in or sitting over Cumberland County, Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 

ATTORNEYS’ FEES

You agree that in the event of any legal action brought by or against us, the nonprevailing party shall pay to the prevailing party all costs and expenses incurred in connection with such action, including but not limited to attorney's fees, lien fees, court costs and any other costs of litigation or collection proceedings.   

NO WAIVER

Our failure to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract.

SEVERABILITY

If any provision of this agreement is held invalid or unenforceable by any court or arbitrator of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not specifically held invalid or unenforceable.

SUCCESSORS AND ASSIGNS

This agreement is binding on your successors, assigns, heirs, legal representatives, and personal representatives. This agreement is binding on our successors and assigns.

Changes To Terms 

We reserve the right, in our sole discretion, to change the Terms under which the services are offered. The most current version of the Terms will supersede all previous versions. Athena encourages you to periodically review the Terms to stay informed of our Updates.  By using our services, you are agreeing to be bound by the then current version of these Terms.

AGREEMENT & SIGNATURE

By signing below, you confirm that: 

• You have read this document in full and understand its contents 

• You agree to the policies and procedures described above 

• You understand that this document applies alongside your individual member agreement and AMS's General Liability Waiver and Release

Member Name:

Date Signed: {sign_date} 

[Version 1 - August 2026]