
Fit360 Total Training | Gym Box Enterprises, LLC | 700 Miami Circle NE, Atlanta, GA 30324
Effective: August 25, 2026 | Version 1.0
Companion to the Fit360 Membership Agreement at www.fit360totaltraining.com/membership-agreement. Both apply.
This is a separate agreement from your membership. It concerns your child's safety in a gym that has no staff on duty. It asks you to give up legal rights on your child's behalf and on your own.
This Addendum is signed in person, at the gym, before your child's first visit - not online, not in advance, not by photo. The copy on this page is for you to read before you come in. A printed copy is available at the gym on request.
1. WHAT YOU NEED TO UNDERSTAND ABOUT THIS FACILITY
Before you decide to bring your child here, understand what this gym is. You will read and initial each of the following on the printed copy:
- There is no staff on duty. Ever. The Gym has no front desk and no employee on the floor at any time during its posted hours. Trainers are present only when working with their own clients, and they are not on duty to supervise, watch, assist, or respond to you or your child.
- No one will be watching your child except you. Not Fit360. Not Fitzroy Smith. Not any trainer. You are the only supervision your child has in this building.
- You may be the only adults here. At some hours you and your child may be alone in the facility, with no other person present to notice or respond if something happens.
- There are no medical personnel on site. No physician, nurse, paramedic, or athletic trainer. An AED is present and maintained by Fit360, but no responder is on duty and you must not rely on anyone being here to use it.
- There is no landline and no panic button. Your own mobile phone is the only way to call for help. You agree to carry a charged phone on your person the entire time your child is here.
- Gym equipment is built for adults. Loads, machine geometry, cable heights, and safety mechanisms are designed around adult bodies. Equipment that is safe for you may not be safe for your child, and the risk of serious injury - including crush injury, entrapment, fracture, concussion, and injury to growing bones, joints, and growth plates - is materially higher for a minor.
- Cameras record video only and are NOT monitored. No one is watching the feed for your child. Footage is retained for a limited period and then overwritten. It is not a safety system.
2. THE PRESENCE RULE - THE CORE CONDITION
Your child may be at the Gym only while you are personally on the floor with them. Specifically, you agree that at all times while your child is on the premises:
1. you are physically present on the gym floor and your child is within your sight - not in another room, not in the restroom, not in the parking lot, not in a session of your own with a trainer, and not "just around the corner";
2. your attention remains available to your child. You may train, but you may not be in any state - headphones, a heavy set, a call - that leaves your child effectively unattended;
3. your child stays with you. They do not roam the facility, use the equipment areas independently, or remain behind while you step out for any reason or any length of time;
4. you leave together. If you leave the building, your child leaves with you.
If you cannot meet this rule on a given day, your child does not come in that day. There is no version of this where a child waits alone at a gym with no staff.
3. YOU DECIDE WHAT IS SAFE FOR YOUR CHILD
You - not Fit360, not Fitzroy Smith, not any trainer - decide what equipment, weights, movements, and activities are appropriate and safe for your child, and you supervise them accordingly. No one at this Gym will assess your child's readiness, screen them, correct their form, spot them, or tell you that something is a bad idea. The absence of a correction is not an approval.
You further agree that your child will not use any equipment you have not personally judged safe for them, and that you are responsible for teaching and enforcing safe use.
4. YOUR CHILD'S HEALTH
You represent that:
1. your child is in good physical condition and has no medical condition, injury, disability, or impairment that would make participation unsafe;
2. you have obtained any physician clearance appropriate for your child, or have decided against seeking one at your own risk and against Fit360's recommendation;
3. you have disclosed anything relevant - conditions, medications, allergies, prior injuries - that bears on your child's safe participation;
4. you will promptly notify Fit360 of any change in your child's health status, and re-execute this Addendum if the change is material.
5. COMMUNICABLE AND INFECTIOUS DISEASE
A gym is a shared indoor environment carrying an inherent and unavoidable risk of exposure to communicable and infectious disease - including respiratory and gastrointestinal illness, bacterial infections including staph and MRSA, and skin and fungal infections. No cleaning or ventilation practice eliminates this risk. You acknowledge this risk on your child's behalf, accept it voluntarily, agree not to bring your child while they are symptomatic or subject to an isolation directive, and agree that Fit360 makes no representation that the premises, equipment, or any other person present is free of infection.
6. YOUR AUTHORITY TO SIGN THIS
You represent and warrant that:
1. you are the minor's parent or duly appointed legal guardian;
2. you have full legal authority to bind the minor to this Addendum;
3. no court order, custody arrangement, or other person's required consent limits that authority;
4. you have read this entire Addendum and the Membership Agreement, and have explained the substance of both to your child in terms they can understand.
7. WHY FIT360 IS AGREEING TO THIS
Fit360 would not permit your child to be present at the Gym at all but for this Addendum. Fit360 is relying on it - on your representations, on your promise to be present, and on the releases below - in granting that permission. Permission for your child to be here is the consideration you are receiving, and this Addendum is a material condition of it.
8. ASSUMPTION OF RISK, RELEASE, COVENANT NOT TO SUE, AND INDEMNITY
You are signing both on your child's behalf and in your own individual capacity. In both capacities, to the fullest extent permitted by the law of the State of Georgia, you:
(a) Assume the risk. You knowingly and voluntarily assume, on your child's behalf and your own, every risk described in this Addendum and in the Membership Agreement - including risks arising from the unstaffed nature of the facility, the absence of medical personnel and emergency communication equipment, adult-scale equipment, communicable disease, the conduct of other members and guests, and the ordinary negligence of the Released Parties.
(b) Release. You release and forever discharge the Released Parties (as that term is defined in the Membership Agreement - Fit360; Gym Box Enterprises, LLC; Fitzroy Smith, individually and professionally; and every trainer, instructor, coach, and practitioner working at the Gym in any capacity, however engaged, together with their respective businesses, owners, employees, and agents) from any and all claims, demands, causes of action, damages, losses, costs, and expenses - including claims of ordinary negligence - arising out of or in any way relating to your child's presence at or use of the Gym.
(c) Covenant not to sue. You promise not to sue the Released Parties on any such claim, whether brought individually, on your child's behalf, or in any representative capacity.
(d) Indemnify. You agree to indemnify, defend, and hold harmless the Released Parties against any claim arising from your child's presence at the Gym, together with reasonable attorneys' fees and costs - expressly including:
1. a claim brought by your child after they reach the age of majority;
2. a claim brought by the minor's other parent, guardian, family member, heirs, or estate;
3. a claim brought by any person your child injures, or whose property your child damages;
4. a claim arising from your child's presence at any time you were not physically present as Section 2 requires.
(e) Survival. These obligations survive the end of your membership and of your child's participation, and are binding on your heirs, executors, and assigns.
(f) Scope and savings. You intend this Addendum to be as broad and inclusive as Georgia law permits. Nothing in it purports to release a claim that may not lawfully be released. If any portion is held to exceed what Georgia law permits, it shall be narrowed or reformed to the maximum permitted extent rather than voided, and the balance remains in full force.
9. EMERGENCY
You authorize Fit360 to summon emergency medical services and to consent to emergency treatment for your child if you are unable to do so, and you agree to be responsible for all resulting costs. You understand that 911, dialed from your own mobile phone, is the emergency response for this facility.
If any person at the Gym elects to render aid to you or your child, they do so voluntarily and as a Good Samaritan, and you release them from all liability for rendering it, for the manner of rendering it, or for not rendering it, to the fullest extent Georgia law permits.
10. THIS PERMISSION CAN BE WITHDRAWN
Fit360 may withdraw permission for your child to be present at any time, for any reason or no reason, without explanation and without refund. Continued presence after permission is withdrawn is a trespass. Violating the presence rule in Section 2 terminates your membership immediately, without refund.
11. RELATIONSHIP TO YOUR MEMBERSHIP AGREEMENT
This Addendum is in addition to, and does not replace, the Membership Agreement you signed. Both apply. Where this Addendum addresses a subject more specifically, this Addendum governs as to your child. Governing law, venue, savings, and severability follow the Membership Agreement - Georgia law, Fulton County.
SIGNATURES
Signatures are collected in person, on the printed copy, at the gym. The signing parent or guardian acknowledges:
"I have read this entire Addendum. I understand that no one at this gym is watching my child but me. I understand I am giving up legal rights on my child's behalf and on my own, including the right to sue for ordinary negligence. I am signing freely."
The printed copy collects: the parent or guardian's printed name, signature, date, relationship to the minor, the mobile number carried on the floor, and an emergency contact other than the parent; the minor's own acknowledgment and signature where they are old enough to understand ("The rules have been explained to me and I agree to follow them"); and Fit360's acceptance.