LIBERATION BARBELL CLUB MEMBERSHIP AGREEMENT
Texas State Registration #20190246
Parties. Strength ATX, LLC, doing business as Liberation Barbell Club (“LBC”), with a principal place of business at 3900 Drossett Dr., Ste. A, Austin, TX 78744 (the “Gym”).
TEXAS HEALTH SPA ACT DISCLOSURE. LBC’S HEALTH SPA OPERATOR'S CERTIFICATE OF REGISTRATION NUMBER IS #20190246.
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: LIBERATION BARBELL CLUB, 3900 DROSSETT DR., STE. A, AUSTIN, TX 78744.
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: (A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: LIBERATION BARBELL CLUB, 3900 DROSSETT DR., STE. A, AUSTIN, TX 78744; AND (B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: LIBERATION BARBELL CLUB, 3900 DROSSETT DR., STE. A, AUSTIN, TX 78744.
Standard Terms and Conditions. I have read and agree to LBC’S “Standard Terms and Conditions” that are attached to this Membership Agreement (“Agreement” or “Contract”) and are incorporated herein by reference as if fully set forth at length.
I represent and warrant I am over 18 years of age and have the mental capacity to execute a legally binding agreement.
I understand and agree that monthly membership dues of $199 will be automatically drafted from my credit card or debit card/bank account monthly. The draft will
automatically renew at the end of the initial contract term and will continue drafting on a month-to-month basis until I cancel by 30 days' written notice delivered to Liberation Barbell club at 3900 Drossett Dr., Ste. A, Austin, TX 78744 or by email to info@liberationbarbellclub.com.
STANDARD TERMS AND CONDITIONS
A. Performance. A party’s failure to insist upon or enforce
strict performance of any term or provision of this Agreement
shall not be construed as a waiver of any term, provision or
right. Neither course of conduct nor trade practice shall act to
modify any provision of this Agreement.
B. Waiver, Release & Assumption of Risk. At the same time
Member is signing this Membership Agreement, Member is
also signing a Member Waiver, Release of Liability &
Assumption of Risk (the “Release”). The parties agree that the
Release is part of this Membership Agreement and it is
incorporated herein by reference as if fully set forth at length.
If there is a conflict between the Release and this
Membership Agreement, the terms and conditions which
provide LBC with the most protection to and/or the greatest
limitation of liability shall control.
C. Disclaimers – “As-Is” Only. There is no warranty or
guarantee of any kind with respect to Member’s use of the
Gym as far as results of use. This means LBC, its principals,
officers, instructors, agents, other members, and employees,
are not responsible for any loss or damage incurred directly
or indirectly by Member because of access to and/or use of
the Gym. EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT, LBC DOES NOT MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT
MATTER OF THIS AGREEMENT. Member understands there
are many factors affecting Gym use. Because there are so
many factors beyond the control of LBC, Member
understands and agrees LBC does not guarantee any results
from Gym use.
D. Training and Personal Items. Membership does not
include one-on-one personal training or personal equipment
(e.g. exercise clothing). Member must pay for these
separately.
E. Early Termination Fee. Except as provided in the Texas
Health Spa Act, if Member unilaterally terminates this
Agreement prior to the end of the initial contract term that
exceeds thirty-one (31) calendar days, Member agrees to pay
LBC an early termination fee as follows: $100 for a 3-month
contract; $250 for a 6-month contract; and $350 for a 12-
month contract. Member shall have no other right to
terminate this Agreement, including the failure to use the
Gym.
F. Gym Use & Misconduct. Member’s access to the Gym is
per a revocable nonexclusive nontransferable nonassignable
nonsublicensable license granted by LBC to use the Gym’s
facilities during normal business hours. LBC reserves the right
to unilaterally change the Gym’s business hours by posting a
sign on the Gym’s front door. Member agrees to only use the
Gym for lawful purposes and to be respectful of the rights of
LBC’S other members, guests, and instructors. To preserve
the Gym’s environment, Member understands LBC may, at
any time and in its sole discretion, ask Member to leave the
Gym and/or terminate this Agreement. To preserve the
benefits of the Gym for others, Member will promptly and
quietly leave if requested to do so by LBC.
G. Governing Law. The rights and obligations of the parties
will be governed and controlled by the laws of the State of
Texas applicable to contracts made and performed therein
without reference to the applicable choice of law provisions.
H. Dispute Resolution. Subject to the terms of the Texas
Health Spa Act, the parties agree that any dispute, claim or
controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or
applicability of this agreement to arbitrate, shall be
determined by confidential binding arbitration before one
arbitrator who is a former federal or state court judge.
Arbitration shall be administered by the arbitrator pursuant
to American Arbitration Association Rules in accordance with
its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator may be entered in any court
having jurisdiction thereof. In no case shall either party have
the right to go to court or have a jury trial. The parties will not
have the right to engage in pre-trial discovery except as
provided in the rules; they will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited
rights of appeal. This clause does not preclude parties from
seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. Unless otherwise agreed to by the
parties, all arbitration must occur in the City of Austin, Travis
County, Texas USA. Arbitration fees and costs shall be split
equally and the parties are solely responsible for their
respective lawyer fees.
I. Indemnification. Member agrees to release, indemnify, and
hold LBC, its principals, partners, instructors, contractors,
agents, employees, officers, directors, equity owners, and
assigns harmless from all liabilities, claims, damages, costs
and expenses, including reasonable attorney fees and
expenses, relating to or arising from Member’s use of the
Gym per this Agreement. When LBC is threatened with suit or
sued by a third party, LBC may seek written assurances from
Member concerning Member’s promise to indemnify LBC;
Member’s failure to provide those assurances may be
considered by LBC to be a material breach of this Agreement.
In addition, in the event LBC is made a party to any claim, suit
or action by Member which is unsuccessful or by a third party
in each case relating to or arising from Member’s use of the
Gym, Member will reimburse LBC, at a reasonable rate, for all
personnel time and expenses expended by LBC in response to
such claim, suit or action including without limitation, all
attorney fees and expenses incurred by LBC with respect to
such response. The provisions of this paragraph shall survive
termination of this Agreement for any reason.
J. Force Majeure. LBC shall not be liable for failure to perform
any of its obligations under this Agreement during any period
in which LBC cannot perform due to fire, earthquake, flood,
or other natural disaster, epidemic, explosion, casualty, war,
terrorism, embargo, riot, civil disturbance, act of public
enemy, act of God, or the intervention of any government
authority, or similar cause beyond LBC’S control. If the Gym is
rendered unusable for thirty (30) consecutive days or longer
because of an event beyond LBC’S control, LBC shall extend
the term of Member’s contract for a period equal to the time
the Gym is rendered unusable.
K. Membership Cap. LBC reserves the right to unilaterally
change or remove limits on the number of members (in the
aggregate or by membership level) at any time in the LBC’s
sole discretion. Notice of any such change or removal will be
given by posting a notice in the Gym’s lobby for seven (7)
consecutive calendar days.
L. Limitation of Liability. IN NO EVENT SHALL LBC BE LIABLE
OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY
KIND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF
ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO
EVENT SHALL LBC’S LIABILITY FOR ANY REASON
WHATSOEVER EXCEED THE TOTAL SUM PAID TO LBC BY
MEMBER PER THIS AGREEMENT.
M. Copyright. This Agreement is Copyright © 2015-2019 Law
Office of Michael E. Young PLLC and licensed for use by LBC.
N. Entire Agreement, Modifications, Assignments,
Sublicenses, and Severability. This is the entire Agreement
between the parties and may not be modified unless done so
in a writing signed by duly authorized signatories of both
parties. LBC may unilaterally assign its rights under this
Agreement to a successor in interest. Member shall not
assign or sublicense any rights under this Agreement without
LBC’S prior written consent. If any part of this Agreement is
determined in arbitration or by a court of competent
jurisdiction to be invalid or unenforceable, that part shall be
limited or eliminated to the minimum extent necessary so
that the remainder of this Agreement is fully enforceable and
legally binding.
O. Gym Rules. All members and their guests must comply
with the Gym Rules of Use & Code of Conduct (the “Rules”).
LBC reserves the right to amend the Rules by posting an
updated copy in the Gym’s lobby. LBC may suspend or revoke
Member or guest access to the Gym for violating the Rules. In
addition, such rules are accessible to member at the LBC’s
website (www. liberationbarbellclub.com).
P. Media Release. At the same time Member is signing this
Membership Agreement, Member is also signing a Media
Release (the “Media Release”). The parties agree that the
Media Release is part of this Membership Agreement and it is
incorporated herein by reference as if fully set forth at length.
If there is a conflict between the Media Release and this
Membership Agreement, the terms and conditions which
provide LBC with the most protection to and/or the greatest
limitation of liability shall control.
Q. Contact Information. Members must provide prompt
written notice to LBC of any changes to the contact
information furnished on Page 1 of this Membership
Agreement, including but not limited to any changes to
current mailing address, phone numbers, and emergency
contact information.
R. Minors. Children less than fifteen (15) years of age may
only access the Gym lobby when accompanied by an adult
who is at least twenty-one (21) years old. However, these
children shall not access or use any other part of the Gym
facilities. Members or guests who are between fifteen (15)
and seventeen (17) years of age must be accompanied by a
Member who is a custodial parent or legal guardian of such
minor. A custodial parent or legal guardian must sign a
Waiver, Release of Liability & Assumption of Risk on behalf of
the accompanied minor prior to the minor accessing the Gym
premises beyond the lobby.
S. Guests. Subject to the Gym’s Rules, Members can bring
guests to the Gym. Each individual guest will be charged a
$20 guest fee per visit.
T. Biometric Identifiers. During the initial term of this
Agreement and any renewal terms, LBC may decide to collect,
retain, and use one or more of the following individual
biometric identifiers to provide services to each Member: (1)
fingerprint; (2) retina or iris scan; (3) voiceprint; and/or (4)
record of hand or face geometry. Services provided by
biometric identifier may include, but are not limited to,
access to the Gym when staff are not present, location and
activity tracking within the Gym’s premises, and Member
purchases from LBC (e.g. exercise clothing). Access to
Member’s biometric identifiers will be limited to LBC, its
employees, and agents (e.g. biometric software providers)
unless otherwise required by applicable law. LBC will never
sell biometric identifiers to third parties. At least fourteen
(14) days prior to the initial collection of Member biometric
identifiers, LBC will inform Member of such planned
collection by posting a notice in the Gym’s lobby. In addition,
the notice of collection will be posted at the LBC’s website
(www. liberationbarbellclub.com). Member understands,
agrees, and expressly consents to the collection, retention,
and use of biometric identifiers by LBC, its employees, and
agents to provide Member services. Member’s biometric data
will be destroyed within one (1) year of membership
termination.
U. Counterparts. This Agreement may be executed
electronically or manually, in any number of counterparts,
and by the different parties hereto in separate counterparts,
each of which when executed shall be deemed to be an
original but all of which taken together shall constitute one
and the same Agreement. Delivery of an executed
counterpart of a signature page to this Agreement by
facsimile or other electronic means (e.g., electronic mail or
PDF) shall be effective as delivery of a manually executed
counterpart to this Agreement.
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