Battlefield Barbell Club Membership Agreement
Agreement made on the ___ day of ___________, 20__, between Battlefield Barbell Club, a limited liability company (LLC) organized and existing under the laws of the state of Virginia, with its principal office located in Stafford, Virginia, 22556, referred to herein as the Club, and facility of 624 Wolfe Street, Fredericksburg, Virginia, 22401.
Whereas ____________________ desires to become a member of the Club and cannot become a member without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement.
Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Check In Policy
Members must check in each time that they use the Club by using their key/fob to enter the Club. Club usage may be denied if members do not use key/fob to enter the Club. The Club may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.
2. Membership Fees and Cancellations
Membership and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership fees are per month as follows:
Monthly Membership: $85.00
Semi-Annual (6 months): $75.00
Annual Membership (12 months): $65.00
Family Membership (12 months): $120.00
Family Membership includes two (2) parents and a dependent. For each additional dependent, $25.00 will be added to the cost stated above in item d.
The obligation to pay dues is not dependent on the availability of all the Club’s facilities. Special engagements, repairs, and maintenance of some/all the facility may make it necessary for the Club to restrict use of, or close, some or all the facilities. Fees will not be reduced or suspended during the time when some or all the facilities are not available. Monthly Renewing Members may cancel membership by notifying Club personnel of their wish to cancel over the phone or in person, at any time during business hours prior to the first day of the month to be cancelled. There are no refunds for membership fees, and the Club will not pro-rate a cancelled membership. Anyone who cancels must obtain a confirmation number. The Club will not accept cancellation claims without a confirmation number.
3. Freeze Policy
Members may put their membership on freeze, in one (1) calendar month increments, for up to three (3) calendar months per calendar year. Notice of freeze must be given to Club personnel over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Members will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly members will have current year extended by the number of frozen months. Anyone who freezes their membership must obtain a confirmation number. This confirmation number is used for reference and proof of freeze. The Club will not accept freeze claims without a confirmation number.
4. Equipment
All equipment must be used as designed. If member is not familiar with use of equipment, they must arrange instruction with a staff member. Instruction is available to members as part of their membership.
All plates must remain on weight trees and/or racks. No plates are to be left on the floor after use. All bars must be returned to bar holders/racks after use. No bars are to be left on the floor or on any piece of equipment when equipment is not in use. Equipment and bars are to be cleaned after use by members. Reoccurring infractions by members will be charged a $25 fee.
Members must be familiar with and observe Club rules and regulations posted in the Club area. Members who do not observe Club rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership with anyone who refuses to observe any of the Club’s rules or regulations.
5. Conduct
The Club is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Club has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
6. Training
The Club is staffed in part by Fitness Trainers/Coaches. Access to these trainers/coaches is not included with membership; however, these trainers/coaches can be hired. Outside trainers/coaches (or anyone acting as a trainer/coach) may not do business of any kind in our facility without written permission and a signed contract with Battlefield Barbell Club.
7. Minors
Members must be eighteen (18) years of age or older. Minors are not allowed on or to use any equipment without the supervision of a parent or guardian. Minors under the age of eighteen (18) must be always supervised by their parent/guardian.
Members shall pay for any damage to the Club’s property (i.e., including but not limited to equipment, bars, platforms, facilities, floors, etc.) which results from the willful or negligent conduct of members, member’s guest(s), or dependent children/minor.
8. Lost Articles
The Club assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity at the Club’s discretion.
9. Guests
Guests may enter the Club on payment of a fee (i.e., Day Pass) determined by the Club. Guests must show a form of photo identification and sign the Release of Liability waiver. Guests must be at least eighteen (18) years old. If guests are under eighteen (18), they must be accompanied by a parent or guardian over eighteen (18) years old. These conditions must be met before the guest(s) can utilize the Club’s facilities and equipment. NO EXCEPTIONS.
A member’s membership will be terminated if the member brings in non-member(s) without non-member(s) signing a waiver and buying a day pass during “scheduled business hours.”
10. Pets
No animals are allowed in the gym. Service animals are permitted but must be always leashed and kept with owner. Members with service animals are responsible for cleaning up after animals regarding food, water, and bathroom accidents.
11. Smoking and Vaping
Smoking and vaping are not allowed in any part of the facility.
12. Late Payment of Membership Dues/Fees
A late payment of $50.00 will be charged on any payment that is past due. Membership fees must be paid on or before the first day of the month when they are due. Membership may be cancelled, at the discretion of the Club if fees are not paid timely.
13. Lost Keys
Members that lose their key to the Club will be charged a $50.00 replacement key fee.
14. Last Member in the Club Each Day
The last Club member that is in the Club each day is responsible for turning off fans, heaters, music, lights, etc. and ensuring that the front and bay door is closed and locked.
15. Music
Loud music is not permitted before nine (9) a.m. and after nine (9) p.m. The Club will take all measures to respect the neighbors and community in which the Club resides. Any member incurring noise complaints will be charged a $85.00 fee.
16. Gym Attire
Proper gym attire is always required while a member is in the Club. Required at all times:
Shoes (no open-toed shoes) or deadlift slippers.
Shirt, crop top, or tank top.
Shorts, pants, joggers, or leggings.
17. Social Media
Club members and guests cannot take photos or videos of someone without their consent to post online to bully, shame, or embarrass them. Club members will have their membership revoked without refund and will be banned from the Club. Guests using a Day Pass will be banned from the Club without refund. Club members must refrain from filming any minors without the sole consent of the parent/guardian.
Social media influencers and content creators cannot record content, other than videos of lifting and content that supports your training, that supports their online business must sign a contract with the Club, adhere to the Battlefield Barbell Club Membership Agreement rules regarding social media, and pay the Club content creator fee of $25 per recording or a flat fee that is added to their membership fee, with the amount dependent on their membership type.
Club staff/owners reserve the right to ask to see any picture(s) or video(s) taken/recorded by a Club member or guest when the concern for another Club member and/or guest and their privacy is in question. If the Club staff/owners deem the picture(s) and/or video(s) inappropriate, they can ask the Club member or guest to delete the content. If the Club member or guest refuses to do so, their membership/day pass will be revoked without refund, and they will be banned from the Club.
18. Bay Door
Club owners are the only individuals who will have the ability to open the bay door. No member will have access to the bay door unless designated by a Club owner.
19. Cancellation of Membership by Member
A member may cancel their membership at any time. Members that are on a Semi-Annual (six [6] months), Annual (twelve [12] months), or Family (twelve [12] months) membership must pay a $85.00 cancellation fee if the terms of their contract length have not been met.
20. Change of Rules and/or Regulations
The Club reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours, and the services and facilities offered by the Club at any time.
21. Waiver, Release and Assumption of Risk
The undersigned member (hereinafter referred to as Member) understands and agrees that they are voluntarily participating in physical activities which may expose Member to some level of risk or injury, and Member represents that they are aware of the nature of these activities and agrees to accept any and all risks associated with participating in these activities.
Member represents that they are in good physical health, and that Member shall notify the Club in writing if they become unable to participate in an activity due to some physical and/or mental considerations. In consideration of the Club and use the Club’s equipment, Member agrees to indemnify and hold the Club harmless, as well as its directors, agents, officers, managers, trainers and coaches, and employees, against loss (including reasonable attorneys fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made brought by Member or on Member’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the Club.
The provision of this Paragraph shall continue in full force and effect even after the termination of membership of the Club.
22. Miscellaneous
aThis Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by rules of the American Arbitration Association then in force and effect.
Member has read and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to them. Member certifies and warrants that they are eighteen (18) (i.e., age of majority such as eighteen [18]) years of age or older and mentally competent to enter into this Agreement.
WITNESS our signatures as of the day and date first above stated.
Battlefield Barbell Club
By: ____________________________
Member
