Membership Agreement Rev: 01/23/23

MEMBERSHIP AGREEMENT – WARZONE FITNESS LLC

By Executing this agreement,

 

I, {visitorName} does hereby wish to become a Member of WARZONE FITNESS LLC.

 

This Membership entitles the Member to use the facility and the equipment therein for the purpose of exercising and working out. Member shall be subject to additional charges for, but not limited to, tanning (if available), massage therapy, personal or small group training, posing sessions, nutrition plans and online training. Member may also be charged for purchase of drinks, supplements or clothing items through the use of their account number should they so wish.

 

TERM.

 

ALL Memberships at WARZONE FITNESS LLC are month-to-month only and are therefore NON REFUNDABLE.

 

Implied by signing the WARZONE FITNESS LLC Standard Waiver Documents, Day/Week Pass and Free Pass Visitors (Temporary Members) agree to be bound by the Terms set forth in this agreement for the duration of their Membership at the facility.

 

MEMBERSHIP OBLIGATIONS.

 

Member agrees to abide by all Club Regulations, and comply with any State or Federally Mandated requirements to access the facility. Member further agrees to comply with any directions given by staff or employees acting on behalf of WARZONE FITNESS LLC regarding any safety and/or security issues that may be in place regarding entry to the facility and use of equipment.

 

Member will be issued a digital smart card or a plastic swipe card to access the Club and this must be used to gain access. This card is for the exclusive use of the Member only and should not be transferred, shared or used to permit access to a third party. Violation of this clause will lead to termination of Membership.

 

Member agrees that he/she will not engage in any type of commercial or business activity while using the facility. Specifically, MEMBER SHALL NOT ACT AS A TRAINER FOR ANY OTHER MEMBERS OR GUESTS and any acts which constitute such business are strictly forbidden.

 

If WARZONE FITNESS LLC believes that a member is engaged in such business activities, then that Member’s membership is subject to immediate termination without refund.

 

Member understands that he/she may be photographed in the Club. By executing this Agreement, Member is granting consent for his/her photograph or film likeness to be used for any legitimate purpose by WARZONE FITNESS LLC, such as web marketing and/or social and print media. Member hereby gives up all claims to compensation, ownership, editorial content and assigns all copyright ownership of such images to WARZONE FITNESS LLC.

 

Member agrees to abide by club dress code at all times. That is clothing appropriate to exercising and working out or appropriate to posing preparation for a bodybuilding show.

No open toed shoes, flip flops, bare feet, jeans or street clothes are permitted.

 

Member agrees not to use loud or profane language, nor will Member harass, badger, intimidate or assault other Club members or any Representative of WARZONE FITNESS LLC either verbally or physically. If a Member engages in such behavior, then Membership privileges will be withdrawn and Membership terminated.

 

Member understands that the Club prohibits the use of alcohol, tobacco and drugs of any kind while on Club Premises and agrees not to use the Facility or engage in any activity while under the influence of drugs, alcohol, or medication that may impair the Member's ability to operate the equipment. Member further acknowledges that this clause includes the use and sale of Anabolic Steroids and any Performance Enhancing Drugs which are illegal, and which carry significant civil and criminal penalties.

 

Member is aware of the potential health issues that may arise from misuse of any and all of these substances and understands that all are prohibited on Club Premises.

 

FINANCIAL AND LEGAL POLICIES.

 

Member agrees to be responsible for all payments due under this Agreement and understands that should he/she choose not to utilize the club facilities, that shall not be deemed a release from the obligation to make the payments required by the Terms of this Agreement.

 

Member further agrees that WARZONE FITNESS LLC may reasonably increase membership rates at any time, giving at least 30 days Notice in Writing and by clearly posting revised pricing in the facility.

 

WARZONE FITNESS LLC also reserves the right to re-categorize any Memberships if it considers that the Member has made an erroneous selection in Membership type. Member will be notified within 24 hours of Membership re-categorization.

 

Memberships may be canceled at any time by giving 30 (thirty) days Notice of Cancellation via the WarZone Fitness Website and following the cancellation links under the FAQ TAB.

An email acknowledging cancellation will be sent to the email address given at the time of sign-up and this will be deemed proof of cancellation.

 

Memberships CANNOT be cancelled if Member account is in arrears or the 30 day Notice of Cancellation (noted above) is not received and acknowledged.

WARZONE FITNESS LLC reserves the right to refer delinquent accounts to a third party collection agency.

 

Memberships may be paused only in the case of military deployments.

In the event of a Member’s death or disability, any fees will terminate at the date of death or disability.

 

Any monthly payment received more than (twenty) 20 days after the due date will incur a Fee of $20 per late month.

 

All financial disputes except small claims under $1000 will be settled by binding Arbitration Proceedings before a single Arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the Rules and Procedures of the American Arbitration Association. The Arbitration will take place in the county where the club is located and the Award will be a Reasoned Award.

 

If the Club becomes temporarily unavailable, due to any unforeseen event such as fire, flood, pandemic, loss of lease or any closure outside the control of WARZONE FITNESS LLC, membership privileges will be extended for the period that the Club was unavailable and NO REFUNDS whatsoever will apply.

All billing will be paused from the date of closure and no refunds will apply.

 

RELEASE AND WAIVER OF LIABILITY.

 

Member recognizes that there are hazards and risks connected with physical fitness training. Member agrees to defend, indemnify and hold harmless WARZONE FITNESS LLC against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of participation in physical fitness activities or attendance at the facility.

Each individual covered by a Membership Agreement must sign a separate Liability Waiver addressing these as well as prevailing health requirements as a condition of membership.

 

SAFETY NOTICES.

 

Member acknowledges that WARZONE FITNESS LLC is required by Law to operate under certain Rules and Regulations established for the safety and protection of its Members and guests. Member agrees to be bound by such Rules and Regulations, as well as the Rules and Regulations subsequently approved and posted or otherwise published by WARZONE FITNESS LLC.

 

Such Rules and Regulations in effect from time to time are incorporated into this Agreement by reference and are posted digitally throughout the facility.

Equipment, hours, service, regulations and policies are all subject to change from time to time, without prior notice and at the sole discretion of WARZONE FITNESS LLC.

Any changes will be posted clearly in and around the facility, and Member agrees to accept such reasonable change(s) as a condition of membership.

 

24 hour surveillance cameras are in use for the protection of the Members, the Facility, its equipment and its staff. This surveillance footage may be retained by the Club for subsequent review and Member access usage is logged.

 

Member may bring in after-hours guests, on the understanding that each guest scans the After Hours QR Code to purchase a pass and sign the Liability Waivers. If this policy is violated then the Member shall incur a $25 violation Fee.

 

If there are more than 3 violations, then Membership may be suspended or cancelled.

 

No Open Carry Weapons are permitted.

 

No photography or filming of other members without their express knowledge or consent is permitted.

 

BINDING EFFECT.

 

This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.

 

GOVERNING LAW.

 

This Agreement, and all documents mentioned herein by reference, shall be governed by and subject to the Laws of the State of Texas.

 

SUSPENSION AND TERMINATION.

 

WARZONE FITNESS LLC may refuse, suspend or terminate Membership at any time, at its sole and absolute discretion, for legal conflicts of Interest, for non-compliance with Procedures, for non-payment of Membership Fees or for violation of any of WARZONE FITNESS LLC's policies and procedures, and that in so doing, WARZONE FITNESS LLC assumes no further liability to adhere to the terms of this Agreement.

 

ACCEPTANCE OF TERMS.

 

As a Member, and by my legal signature attached to this document, I understand that I am entitled to access and use the Facility within the scope of the Membership option that I have selected, and that until canceled by me, I am obligated to pay my Membership dues and fees regardless of whether or not I use the Facility.

 

I agree to promptly update WARZONE FITNESS LLC of any change in my contact information (including address, telephone number or email address) and any change in my payment information.

 

I certify that I have read the WARZONE FITNESS LLC Membership Agreement in its entirety and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.

Member Covid Waiver Rev: 01/23/23

Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19

 

In Consideration of being permitted to use the facilities provided by WARZONE FITNESS LLC located at 9702 Spring Cypress Road, Suite 125, Spring Texas, 77379, (hereby referred to as "The Gym")

 

I, {visitorName} on behalf of myself and all other entities claiming by through or under me, hereby acknowledge and represent that I have inspected and considered the gym premises, equipment and facilities and find and accept the same as being safe and suitable for the purpose of exercising and working out.

 

I acknowledge that the novel coronavirus (CoVid-19) is a known global pandemic and that infections have been identified Worldwide. I further understand and acknowledge that WARZONE FITNESS LLC cannot guarantee my personal safety or immunity from infection from Covid or any other virus.

 

I fully understand and acknowledge these facts and how contracting the virus may impact my health.

 

I therefore knowingly and voluntarily assume all Risks and Liabilities arising directly or indirectly from participating in any activity at WARZONE FITNESS LLC, (hereinafter referred to as Voluntary Activities) including travelling to and from the gym, entering and exiting the premises, using the equipment, interacting with other members and individuals at or around the gym, and using the facilities within the gym including the restrooms.

 

With this understanding, I knowingly and voluntarily release WARZONE FITNESS LLC, including all of its official representatives, employees, directors, officials and owners (hereinafter referred to as the Releasees) from any and all claims, present and future for any harm, loss, injury or damage, including disease and/or death.

 

I agree to indemnify and hold harmless and I covenant not to sue the Releasees for any personal injury, medical expenses, disability, loss of capacity, property damage, attorneys fees, court costs and/or any other losses arising out of or related to any Voluntary Activity undertaken by me, and all other entities claiming through or under me.

 

I represent and attest that:

 

1. I am not experiencing any symptoms of illness. I do not have a fever or cough. I am not experiencing any shortness of breath. If I develop any of these symptoms or if I have a suspected or diagnosed case of CoVid-19 or any other infectious disease, I agree that I will not enter or be physically present at the facility.

 

2. I agree to follow all safety protocols that have been or will be implemented by WARZONE FITNESS LLC, including those that are posted at the gym, and those that are sent to me electronically, either by email or text message or posted on the gym's website.  I understand and acknowledge that these protocols may be changed at any time without notice by WARZONE FITNESS LLC, and I agree to comply with any and all changes.

 

3. I will follow all State and Federal Guidelines if and as required.

I fully understand, recognize and appreciate both the known and potential dangers of using the gym, it's facilities, it's services and its equipment and acknowledge that the use of these by me, despite WARZONE FITNESS LLC's best and reasonable efforts to mitigate these dangers, may result in exposure to Covid-19 and/or serious illness, disability and/or death.

 

I further agree and acknowledge that the use of the gym and its facilities and services involve inherent danger and risk, including but not limited to the risk of physical injury or illness, disability or even death.

 

I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF INJURY, ILLNESS, BODILY HARM OR DEATH to me including that due to negligence, active or passive while in, around or about the gym.

I acknowledge that any injuries I may contact or sustain may be compounded by negligent first aid or emergency responses by the Releasees, and I waive any claim in respect thereof.

 

I further expressly agree that the foregoing CoVid-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and as inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance will notwithstanding, continue in full legal force and effect.

 

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OF INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

 

I AM AWARE THAT BY AGREEING TO THIS DOCUMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FORM THE RELEASEES IN THE CASE OF INJURY, ILLNESS, DAMAGES OR DEATH, INCLUDING AND FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AND ANY AND ALL ILLNESSES OR INJURIES RESULTING THEREFROM.

 

I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FROM ALL CLAIMS.

IT IS BINDING ON ME, MY HEIRS, FAMILY, REPRESENTATIVES AND ASSIGNS.

 

I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND BY SIGNING THIS DOCUMENT I AGREE TO ITS TERMS.