Participant Waiver Form & Release Form
This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex. BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of TBK Bank Entertainment Center.
I hereby assume all the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment or property owned, maintained, or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity.
I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors, and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK Bank Sports Complex, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: BettPlex, LLC (known as TBK Bank Sports Complex and including Level II Fitness Center and TBK Bank Entertainment Center) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releasees or otherwise.
I acknowledge the TBK Bank Sports Complex, and its members, managers, employees, agents, and contractors ("Releasees") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity.
I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited to, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators, and sponsors of any activity. These risks are not only inherent to participants but are also present for volunteers and parents.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents, and assigns.
I certify that I have read this document and I fully understand its content. I am aware that this is a release of liability and a contract and I sign it of my own free will.
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Membership Terms of Agreement
1. Compliance & Policy Updates
Your membership is contingent upon adherence to all Policies, Rules, and Regulations established by Level II Fitness and TBK Bank Sports Complex (“TBK”). These policies are subject to change and may be updated periodically. Updates will be communicated through in-club postings and on the app. By continuing to use the facility after such updates are posted, you acknowledge and accept the revised terms. Level II Fitness reserves the right to revoke any membership for failure to abide by policies, rules, and regulations. If a membership is revoked any remaining time on membership will be terminated. If the member has paid for yearly membership in advance, a pro-rated amount for the remaining months left on membership will be refunded to the member(s).
2. Code of Conduct & Facility Etiquette
To keep everyone safe and welcome, members agree to:
Age Restrictions
Ages 12–13: must be accompanied by a parent/guardian at all times on the gym floor.
Ages 14–15: independent use permitted after completing a Youth Fitness Orientation signed by a parent/guardian; otherwise must be accompanied by a parent/guardian.
Under 12: not permitted on the gym floor unless accompanied by Level II staff for a specific activity.
Non-members under 16: not allowed in the gym.
Equipment Care & Hygiene
Do not drop or slam weights.
Return all equipment to designated racks after use.
Wipe down equipment after each use.
Attire
Athletic clothing and closed-toe shoes are required.
Shirts must remain on at all times; posing without a shirt is prohibited.
Behavior
No profanity, harassment, intimidation, threats, or disruptive behavior.
Respect others personal space; avoid lingering, staring, or making others uncomfortable.
Food/Drink
Only water or sports drinks in closed containers on the gym floor.
No food permitted on the gym floor.
Phone Usage
Do not occupy equipment while on the phone.
Step away from the equipment to allow others access.
Training Services
Only Level II/TBK-approved staff may provide training or coaching.
Report Issues
Report damaged or malfunctioning equipment to staff immediately.
Service requests can also be submitted via the app.
3. Privacy, Photography, & Videography
To protect member privacy and safety:
· Capturing, recording, or live streaming any image, audio, or video of members, guests, or children is prohibited without express consent. For minors, consent must come from a parent or legal guardian.
· Recording is strictly prohibited in restrooms, locker rooms, showers, and changing areas.
· Staff may request proof of consent and require deletion of unauthorized content.
· Tripods allowed only during non-peak hours (not weekdays 4:00–8:00 pm; not weekends 8:00 am–1:00 pm) and must not obstruct equipment or walkways or capture without consent.
· Violations may result in immediate removal and suspension or termination of membership.
Prohibited Conduct
The following behaviors (including attempts) may lead to immediate removal, suspension, or termination of membership:
Unauthorized access (e.g., bypassing check-in, sharing credentials, entering without a waiver).
Theft or damage to property.
Harassment, stalking, intimidation, threats, fighting, or discrimination.
Unauthorized filming or photography, especially in restricted areas or without consent.
Dangerous behavior (e.g., misuse of equipment, ignoring safety instructions).
Fraudulent activity (e.g., billing/payment fraud, misrepresentation of membership).
Violation of posted policies or staff directive.
Suspension & Termination Policy
· Rights Reserved: Level II/TBK may suspend or terminate memberships at their discretion for violations of this Agreement or for conduct that compromises safety, property, or member experience.
· Investigations: Access may be temporarily suspended during investigations. Staff may interview involved parties and review security footage. Reports are kept confidential.
· Outcomes: May include coaching, warnings, temporary suspension, permanent termination, trespass notices, or law enforcement referrals.
· Notice: We aim to provide written notice (via email) of suspensions/terminations. All decisions are final.
· Fees & Refunds: If a membership is revoked, remaining time is terminated. Prepaid annual memberships will receive a pro-rated refund of remaining months.
· Reinstatement: Reinstatement (if any) is solely at management’s discretion and may require conditions (e.g., meeting with management, written acknowledgment, probation.)
6. Cancellation Policy
Month to Month Memberships - Members must provide cancellation notice at least 10 days before their billing date. Late notice will result in a charge for the following month with no refund. Cancellation can be done in person or via email request for a cancellation form.
12 Month Commitment - Early termination incurs a $75 cancellation fee. This fee may be waived with documentation for relocation (25+ miles away) or injury.
Freeze Policy
Members may freeze their membership for up to 120 days due to injury or non-usage. If not reactivated within 120 days, regular billing will resume. Members must notify the facility when ready to unfreeze their account before returning.
Buyers Right to Cancel (10-Day Guarantee)
Members may cancel their membership within 10 days of purchase for a full refund. To initiate, contact the Sales Manager via email.
Security & Surveillance
For safety and asset protection, video monitoring may be used in common areas (excluding restrooms and locker rooms). Entry into the facility implies consent to being recorded.
Weekend/Holiday Parking
Due to high activity levels at TBK Bank Sports Complex on weekends and holidays, parking may be limited. Guests are encouraged to arrive before 8:00 a.m. to secure a spot.
Court/Field Usage
Level II Fitness members may use the indoor soccer turf and hardwood courts when available. Access is restricted during reserved times. These areas are for recreational use only; unauthorized coaching or group training is prohibited.
General Participation Waiver:
This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex (the "Facilities"). BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of TBK BANK ENTERTAINMENT CENTER . I hereby assume all the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment or property owned, maintained, or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity. I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors, and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK BANK SPORTS COMPLEX , I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The BettPlex, LLC (known as TBK BANK SPORTS COMPLEX and including TBK BANK ENTERTAINMENT CENTER ) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors; B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releasees or otherwise.
I acknowledge the TBK BANK SPORTS COMPLEX, and its members, managers, employees, agents, and contractors ("Releasees") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity.
I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited to, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators, and sponsors of any activity. These risks are not only inherent to participants but are also present for volunteers and parents.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents, and assigns
Participant Waiver Form & Release Form
This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex. BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of TBK Bank Entertainment Center.
I hereby assume all the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment or property owned, maintained, or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity.
I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors, and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK Bank Sports Complex, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: BettPlex, LLC (known as TBK Bank Sports Complex and including Level II Fitness Center and TBK Bank Entertainment Center) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releasees or otherwise.
I acknowledge the TBK Bank Sports Complex, and its members, managers, employees, agents, and contractors ("Releasees") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity.
I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited to, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators, and sponsors of any activity. These risks are not only inherent to participants but are also present for volunteers and parents.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents, and assigns.
I certify that I have read this document and I fully understand its content. I am aware that this is a release of liability and a contract and I sign it of my own free will.
----------------------------------------------------------------------------------------------------------------------------------------
Membership Terms of Agreement
1. Compliance & Policy Updates
Your membership is contingent upon adherence to all Policies, Rules, and Regulations established by Level II Fitness and TBK Bank Sports Complex (“TBK”). These policies are subject to change and may be updated periodically. Updates will be communicated through in-club postings and on the app. By continuing to use the facility after such updates are posted, you acknowledge and accept the revised terms. Level II Fitness reserves the right to revoke any membership for failure to abide by policies, rules, and regulations. If a membership is revoked any remaining time on membership will be terminated. If the member has paid for yearly membership in advance, a pro-rated amount for the remaining months left on membership will be refunded to the member(s).
2. Code of Conduct & Facility Etiquette
To keep everyone safe and welcome, members agree to:
Age Restrictions
Ages 12–13: must be accompanied by a parent/guardian at all times on the gym floor.
Ages 14–15: independent use permitted after completing a Youth Fitness Orientation signed by a parent/guardian; otherwise must be accompanied by a parent/guardian.
Under 12: not permitted on the gym floor unless accompanied by Level II staff for a specific activity.
Non-members under 16: not allowed in the gym.
Equipment Care & Hygiene
Do not drop or slam weights.
Return all equipment to designated racks after use.
Wipe down equipment after each use.
Attire
Athletic clothing and closed-toe shoes are required.
Shirts must remain on at all times; posing without a shirt is prohibited.
Behavior
No profanity, harassment, intimidation, threats, or disruptive behavior.
Respect others personal space; avoid lingering, staring, or making others uncomfortable.
Food/Drink
Only water or sports drinks in closed containers on the gym floor.
No food permitted on the gym floor.
Phone Usage
Do not occupy equipment while on the phone.
Step away from the equipment to allow others access.
Training Services
Only Level II/TBK-approved staff may provide training or coaching.
Report Issues
Report damaged or malfunctioning equipment to staff immediately.
Service requests can also be submitted via the app.
3. Privacy, Photography, & Videography
To protect member privacy and safety:
· Capturing, recording, or live streaming any image, audio, or video of members, guests, or children is prohibited without express consent. For minors, consent must come from a parent or legal guardian.
· Recording is strictly prohibited in restrooms, locker rooms, showers, and changing areas.
· Staff may request proof of consent and require deletion of unauthorized content.
· Tripods allowed only during non-peak hours (not weekdays 4:00–8:00 pm; not weekends 8:00 am–1:00 pm) and must not obstruct equipment or walkways or capture without consent.
· Violations may result in immediate removal and suspension or termination of membership.
Prohibited Conduct
The following behaviors (including attempts) may lead to immediate removal, suspension, or termination of membership:
Unauthorized access (e.g., bypassing check-in, sharing credentials, entering without a waiver).
Theft or damage to property.
Harassment, stalking, intimidation, threats, fighting, or discrimination.
Unauthorized filming or photography, especially in restricted areas or without consent.
Dangerous behavior (e.g., misuse of equipment, ignoring safety instructions).
Fraudulent activity (e.g., billing/payment fraud, misrepresentation of membership).
Violation of posted policies or staff directive.
Suspension & Termination Policy
· Rights Reserved: Level II/TBK may suspend or terminate memberships at their discretion for violations of this Agreement or for conduct that compromises safety, property, or member experience.
· Investigations: Access may be temporarily suspended during investigations. Staff may interview involved parties and review security footage. Reports are kept confidential.
· Outcomes: May include coaching, warnings, temporary suspension, permanent termination, trespass notices, or law enforcement referrals.
· Notice: We aim to provide written notice (via email) of suspensions/terminations. All decisions are final.
· Fees & Refunds: If a membership is revoked, remaining time is terminated. Prepaid annual memberships will receive a pro-rated refund of remaining months.
· Reinstatement: Reinstatement (if any) is solely at management’s discretion and may require conditions (e.g., meeting with management, written acknowledgment, probation.)
6. Cancellation Policy
Month to Month Memberships - Members must provide cancellation notice at least 10 days before their billing date. Late notice will result in a charge for the following month with no refund. Cancellation can be done in person or via email request for a cancellation form.
12 Month Commitment - Early termination incurs a $75 cancellation fee. This fee may be waived with documentation for relocation (25+ miles away) or injury.
Freeze Policy
Members may freeze their membership for up to 120 days due to injury or non-usage. If not reactivated within 120 days, regular billing will resume. Members must notify the facility when ready to unfreeze their account before returning.
Buyers Right to Cancel (10-Day Guarantee)
Members may cancel their membership within 10 days of purchase for a full refund. To initiate, contact the Sales Manager via email.
Security & Surveillance
For safety and asset protection, video monitoring may be used in common areas (excluding restrooms and locker rooms). Entry into the facility implies consent to being recorded.
Weekend/Holiday Parking
Due to high activity levels at TBK Bank Sports Complex on weekends and holidays, parking may be limited. Guests are encouraged to arrive before 8:00 a.m. to secure a spot.
Court/Field Usage
Level II Fitness members may use the indoor soccer turf and hardwood courts when available. Access is restricted during reserved times. These areas are for recreational use only; unauthorized coaching or group training is prohibited.
General Participation Waiver:
This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex (the "Facilities"). BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of TBK BANK ENTERTAINMENT CENTER . I hereby assume all the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities being released, dangerous or defective equipment or property owned, maintained, or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity. I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors, and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK BANK SPORTS COMPLEX , I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The BettPlex, LLC (known as TBK BANK SPORTS COMPLEX and including TBK BANK ENTERTAINMENT CENTER ) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors; B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releasees or otherwise.
I acknowledge the TBK BANK SPORTS COMPLEX, and its members, managers, employees, agents, and contractors ("Releasees") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity.
I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited to, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators, and sponsors of any activity. These risks are not only inherent to participants but are also present for volunteers and parents.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents, and assigns
