Membership Agreement

Effective Date: September 8, 2024

1. Introduction
1.1 Purpose: This Membership Agreement (“Agreement”) sets forth the terms and conditions under which the undersigned individual (“Member” or “you”) may use the facility and services of Alex Fitness LLC, doing business as (“DBA”) Castro Fitness (“Gym” or “we” or “us”). The purpose of this Agreement is to outline the rights and obligations of both the Member and the Gym to ensure a safe, enjoyable, and mutually respectful environment.
1.2 Definitions: For the purposes of this Agreement, the following terms shall have the meanings set forth below:
“Agreement”: This Membership Agreement, including any amendments or addendums.
“Gym”: Alex Fitness LLC, including its owners, officers, directors, employees, agents, representatives, and affiliates.
“Member”: The individual who signs this Agreement and agrees to the terms and conditions herein.
“Services”: The use of the Gym’s facility, equipment, classes, programs, and any other services provided by the Gym.
“Membership Dues”: The fees paid by the Member for access to the Services.
“Facility”: The physical locations operated by the Gym, including all equipment and amenities.
“Personal Training”: One-on-one or group training sessions provided by trainers employed or contracted by the Gym.
“Privacy Policy”: The Gym’s policy regarding the collection, use, and protection of the Member’s personal information.
2. General Terms
2.1 Parties: This Agreement is made between Alex Fitness LLC and the undersigned individual (“Member” or “you”).
2.2 Member’s Rights and Obligations:
Rights:
Access to the Facility and Services as specified in your membership type.
Use of equipment and participation in classes and programs offered by the Gym.
Receipt of notifications regarding changes to the Agreement, policies, and Services.
Obligations:
Payment of Membership Dues as specified in this Agreement.
Adherence to the Gym’s Code of Conduct, policies, and procedures.
Maintenance of up-to-date contact information with the Gym.
Compliance with all safety and health guidelines provided by the Gym.
2.3 Gym’s Rights and Obligations:
Rights:
Enforcement of the Gym’s policies and Code of Conduct.
Termination or suspension of membership for violations of this Agreement or the Gym’s policies.
Adjustment of Membership Dues, Services, and policies with prior notice to the Member.
Obligations:
Provision of access to the Facility and Services as outlined in the Member’s chosen membership plan.
Maintenance of a safe and clean environment within the Gym.
Protection of the Member’s personal information in accordance with the Privacy Policy.
Notification to the Member of any significant changes to the Agreement, policies, or Services.
2.4 Right to Refuse Service
The Gym reserves the right to refuse service or terminate the membership of any individual at its sole discretion, provided that such refusal does not violate applicable anti-discrimination laws or other legal protections. This includes, but is not limited to, instances of disruptive or dangerous behavior, failure to comply with the Gym’s policies, or any other legitimate business reasons.
3. Services Provided
3.1 Description of Services: Alex Fitness LLC provides access to a variety of fitness services and facility to help you achieve your fitness goals. The services include, but are not limited to:
Strength Training Area: Equipped with free weights, resistance machines, and other strength training equipment.
Cardio Area: Featuring treadmills, ellipticals, stationary bikes, and other cardiovascular exercise machines.
Free Weight Section: A dedicated area for free weight exercises including dumbbells, barbells, and benches.
Boxing Area: Equipped with boxing bags and other boxing-related equipment.
Functional Training Area: Space for functional training exercises, including kettlebells, medicine balls, and other functional fitness equipment.
The Abs and Flexibility Section: A designated area for abdominal workouts and flexibility training.
3.2 Available Equipment and Amenities: The Gym provides the following equipment and amenities for your use:
Strength Training Equipment: Includes dumbbells, barbells, benches, squat racks, and various resistance machines.
Cardio Equipment: Includes treadmills, ellipticals, stationary bikes, and rowing machines.
Free Weight Equipment: Dumbbells, barbells, weight plates, and benches.
Boxing Equipment: Punching bag and gloves.
Functional Training Equipment: Kettlebells, medicine balls, resistance bands, and agility equipment.
Abs and Flexibility Equipment: Mats, foam rollers, and stretching areas.
Men’s and Women’s Locker Rooms: Including showers and locker facility.
Towel Service: One towel per visit, provided as a courtesy by Alex Fitness LLC.
Water Fountain: Available for your hydration needs, provided as a courtesy by Alex Fitness LLC.
3.3 Courtesy Services:
Towel Service: Alex Fitness LLC offers a complimentary towel service, providing one towel per visit to members. This service is provided as a courtesy and is not an obligation of the Gym.
Water Fountain: A water fountain is available for members’ use. This is provided as a courtesy and is not an obligation of the Gym.
3.4 Excluded Services: The Gym does not provide the following services: Group exercise classes, swimming pool access, sauna or steam room facility.
4. Membership Types
4.1 Membership Options: Alex Fitness LLC offers several membership plans to accommodate different needs and preferences. The available membership types include:
Recurring Term Membership (4-Week Plan):
Sign-up Fee: $49.99
Cancellation Fee: None
Commitment: No long-term commitment
Cost: $107.95 per 4-week period
Description: This plan provides access to all facility and services of the club “Castro” on a recurring 4-week basis.
1 Day Pass:
Sign-up Fee: None
Cost: $34.95 per day
Description: This pass allows for one-day access to all facility and services of the club “Castro”.
1 Week Pass:
Sign-up Fee: None
Cost: $69.95 per week
Description: This pass allows for one-week access to all facility and services of the club “Castro”.
Single Month Pass:
Sign-up Fee: None
Cost: $135.95 per month
Description: This pass allows for one-month access to all facility and services of the club “Castro”.
Price Changes: Membership prices are subject to change at the Gym’s discretion. Members will be notified of any price changes in advance. The most up-to-date pricing information is always available on the Gym’s website and at the front desk.
4.2 Partnership Programs: Members participating through partnership programs such as ClassPass, WellHub etc may have different terms and conditions. The access and services provided under such programs are subject to the agreements between Alex Fitness LLC and the respective partner program. The following applies to partnership program members:
Access: Limited to the terms specified by the partnership program.
Cancellation and Fees: Subject to the policies of the partnership program.
Renewal: Governed by the terms of the partnership program.
4.3 Changes to Membership Types and Fees: Alex Fitness LLC reserves the right to modify the types of membership plans offered, as well as the associated fees, at any time. Members will be notified of any such changes through appropriate channels, including but not limited to email notifications, postings within the Gym, or updates to the Gym’s website and reception desk. Changes to membership types and fees will not affect current memberships until the next renewal period. The most up-to-date membership rates are always available on our website and at the reception desk.
4.4 Membership Renewal and Cancellation:
Renewal: Memberships will automatically renew at the end of the applicable term unless canceled by the Member in accordance with the Gym’s cancellation policy.
Cancellation: Members may cancel their membership at any time with written notice to the Gym. The cancellation will take effect at the end of the current billing cycle. There are no cancellation fees.
4.5 Freezing Membership: Members may request to freeze their membership for a period due to medical reasons or other valid circumstances. Requests must be made in writing and approved by the Gym. Membership can be frozen for a maximum of three (3) months. During the freeze period, a fee of $5 will be charged monthly. Freezing the membership is subject to Gym policies and procedures.
5. Payments and Fees
5.1 Payment Terms: Members are required to pay Membership Dues in accordance with the selected membership plan. Payments can be made via credit card, debit card, or any other method accepted by the Gym.
5.2 Late Payments: If a payment is not received by the due date, the Gym reserves the right to charge a late fee and/or suspend the Member’s access to the Facility and Services until the outstanding balance is paid in full.
5.3 Changes to Fees: The Gym reserves the right to change the Membership Dues and any other fees at its discretion. Members will be notified of any fee changes at least 30 days in advance. Notification will be provided through appropriate channels, including email notifications, postings within the Gym, and updates to the Gym’s website and reception desk. The most up-to-date membership rates are always available on our website and at the reception desk.
6. Refund Policy
6.1 General Refund Conditions:
Members may request a refund within 14 days of purchasing any package or subscription, provided that the Gym’s services have not been used.
In the case of confirmed medical contraindications, a refund is possible within 30 days of the request, provided a medical certificate is presented.
6.2 Refund Procedure:
Members must complete a refund request form available at the Gym’s reception or on the website.
The completed form must be sent to info@alexfitnesssf.com or submitted at the Gym’s reception.
Refunds are processed to the same card used for payment within 14 business days of the request’s approval.
6.3 Exclusions:
The sign-up fee ($49.99) is non-refundable.
Payments for already used services (e.g., single visits or partially used memberships) are non-refundable.
7. Special Offers
7.1 Terms of Special Offers:
Special offers and discount packages are provided under the terms specified at the time of purchase.
All special offers have a limited validity period and cannot be extended on the same terms after the offer’s expiry.
7.2 Refunds for Special Offers:
Refunds for special offers and discount packages are possible within 7 days of purchase, provided the Gym’s services have not been used.
In case of cancellation of a special offer after 7 days, no refund is provided except in cases covered by confirmed medical contraindications with a medical certificate.
8. Legal Basis
8.1 Consumer Rights: Refunds are processed in accordance with consumer protection laws. We reserve the right to deny a refund if the Member does not comply with the Agreement’s terms or attempts to abuse the refund policy.
8.2 Subscription Renewal:
All subscriptions automatically renew for the next period unless the Member notifies their intent to terminate the subscription at least 30 days before the end of the current period.
Special offers and discount packages are not subject to automatic renewal on the same terms.
9. Code of Conduct
9.1 General Behavior: To ensure a safe and enjoyable environment for all members, the following rules of conduct must be adhered to at all times while on the premises of Alex Fitness LLC:
Respect for Others: Members are expected to show respect and courtesy to other members, guests, and staff at all times. Any form of harassment, discrimination, or inappropriate behavior will not be tolerated.
Personal Belongings: Members are responsible for their personal belongings. The Gym is not liable for any lost, stolen, or damaged items.
Noise Levels: Excessive noise, including loud conversations, inappropriate language, or disruptive behavior, is prohibited.
Dress Code: Members are required to wear appropriate workout attire at all times. This includes athletic shoes, shirts, and appropriate bottoms. Prohibited attire includes clothing with offensive language, inappropriate or revealing outfits, and bare feet (except for specific activities in designated areas).
Hygiene: Members must maintain good personal hygiene. Clean workout clothes and wiping down equipment after use are required to maintain a comfortable environment for all.
9.1.1 Member Disputes
Any disputes, altercations, or conflicts between members must be resolved personally and shall not involve the Gym or its staff unless the behavior violates the Gym’s Code of Conduct. The Gym reserves the right to take action, including terminating memberships, in cases where a member’s behavior endangers the safety or well-being of others.
9.2 Equipment Usage:
Proper Use: All equipment must be used as intended and according to the instructions provided. If you are unsure how to use a piece of equipment, please ask a staff member for assistance.
Sharing Equipment: Be considerate of other members by allowing others to use equipment during rest periods.
Equipment Care: Members are expected to treat all equipment with care. Dropping weights, misuse of machines, or intentional damage to equipment is prohibited.
Return Equipment: After use, please return all equipment to its designated place, including weights, mats, and accessories.
Use of Chalk: If using chalk or other powders, please clean up any residue after use to maintain a clean environment for all members.
9.3 Hygiene and Cleanliness:
Personal Hygiene: Members must maintain good personal hygiene. Proper workout attire, including clean and appropriate clothing, is required at all times.
Cleaning Equipment: Wipe down equipment after use with the provided disinfectant wipes or spray. This includes machines, benches, and mats.
Shower and Locker Rooms: Please keep the shower and locker rooms clean. Dispose of trash properly and do not leave personal items behind.
Towel Use: Use a towel when using benches and machines to minimize sweat contact.
9.4 Dress Code:
Appropriate Attire: Proper workout attire is required at all times. This includes athletic shoes, shirts, and appropriate workout clothing.
Prohibited Attire: Absolutely no nudity, sexual, vulgar, or explicit attire shall be permitted in the public areas of the Gym. Members must dress in a manner that is respectful to others.
9.5 Safety Rules:
Spotting: Use a spotter when lifting heavy weights. Do not lift weights beyond your capability.
Reporting Issues: Immediately report any equipment malfunctions, injuries, or unsafe conditions to a staff member.
Emergency Procedures: Familiarize yourself with the Gym’s emergency procedures and exits.
9.6 Compliance: Failure to comply with the Code of Conduct may result in suspension or termination of membership without a refund. The Gym reserves the right to take appropriate action to enforce these rules.
10. Health and Medical Requirements
10.1 Confirmation of Physical Condition: By signing this Agreement, the Member affirms that they are in good physical condition and do not have any medical conditions that would prevent them from safely participating in the activities and services provided by Alex Fitness LLC. The Member acknowledges that they have consulted with a healthcare provider if they have any concerns about their ability to safely participate in physical activities.
10.2 Medical Examination Recommendations: The Gym strongly recommends that all Members undergo a medical examination before beginning any exercise program, particularly if the Member has a history of any medical conditions, is taking medication, or has any concerns about their physical health. The Member is responsible for any costs associated with such medical examinations.
11. Safety and Risks
11.1 Potential Risks: The Member acknowledges that participation in physical activities and use of fitness equipment involves inherent risks, including but not limited to, the risk of serious injury, disability, or death. The Member assumes full responsibility for any and all risks, injuries, or damages that may occur during their participation in activities at the Gym.
11.2 Assumption of Risk: The Member voluntarily assumes all risks associated with their participation in the Gym’s activities and use of equipment, whether caused by the negligence of the Gym or otherwise.
11.3 Waiver of Liability: To the fullest extent permitted by law, the Member hereby releases, discharges, and holds harmless Alex Fitness LLC, its owners, officers, directors, employees, agents, representatives, and affiliates from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by the Member while using the Gym’s facility, equipment, or services, including injuries caused by the Member’s own negligence or the negligence of the Gym.
11.4 No Medical Services Provided: The Member acknowledges that the Gym does not provide medical services, including but not limited to, emergency medical care, diagnosis, or treatment. In the event of an emergency, the Member should call 911 or seek medical attention immediately.
11.5 Member Responsibility: The Member is responsible for knowing their own physical limitations and agrees not to exceed them while participating in any activities at the Gym. The Member is encouraged to stop and seek help if they feel any discomfort, pain, or other symptoms that may indicate a medical problem.

11.6 Disputes Between Members:
The Gym shall not be held liable for any disputes, altercations, or conflicts that arise between members. Members are solely responsible for their own conduct and interactions with others while on Gym premises. The Gym will not mediate or intervene in personal disputes between members unless such behavior violates the Gym’s Code of Conduct or creates an unsafe environment as determined by the Gym at its sole discretion.
12. Locker and Personal Belongings Policy
12.1 Locker Usage: Lockers are provided for the convenience of Members while using the facility of Alex Fitness LLC. Lockers are available on a first-come, first-served basis and are for daily use only. Members must remove all personal belongings from the lockers at the end of each visit. Any items left overnight will be removed by the Gym and may be disposed of or donated.
12.2 Locker Security: Members are responsible for securing their own lockers with a personal lock. The Gym is not responsible for providing locks. Members should ensure that their lockers are securely locked at all times.
12.3 Prohibited Items: Members must not store any illegal, hazardous, inappropriate, or strong-smelling (malodorous) items in the lockers. The Gym reserves the right to inspect lockers if there is reasonable suspicion of prohibited items being stored.
12.4 Responsibility for Personal Belongings: The Gym is not responsible for lost, stolen, or damaged personal belongings. Members should avoid bringing valuable items to the Gym. If a member experiences a loss, they should report it to the Gym staff, but the Gym does not accept responsibility for the recovery or replacement of lost items.
12.5 Lost and Found: Items found in the Gym will be placed in the lost and found. The Gym will hold lost items for a period of 30 days, after which they may be disposed of or donated. Members are encouraged to check the lost and found for missing items.
12.6 Overnight Storage Prohibition: Members are prohibited from leaving their personal belongings in the lockers overnight unless they have rented a locker on a paid basis. The Gym reserves the right to cut the locks and remove items from non-rented lockers every night after the Gym closes to free up unlawfully occupied lockers. Items removed from lockers will be placed in the lost and found and held for a period of 30 days, after which they may be disposed of or donated.
12.7 Paid Locker Rentals: Members have the option to rent lockers on a paid basis for longer-term storage. Information on locker rental rates and terms is available at the reception desk. Members who rent lockers must adhere to the rental agreement terms.
12.8 Liability Waiver: By using the lockers and bringing personal belongings to the Gym, the Member agrees to waive any and all claims against Alex Fitness LLC, its owners, officers, directors, employees, agents, representatives, and affiliates for loss, theft, or damage to personal property.
13. Personal Training Policy
13.1 Independent Contractors: The personal trainers working at Alex Fitness LLC are independent contractors and not employees of the Gym. All terms, including the cost of personal training sessions, cancellation policies, and rescheduling conditions, are discussed directly between the Member and the chosen personal trainer. Alex Fitness LLC does not act as an intermediary between the trainer and the Member.
13.2 Terms and Conditions:
Booking and Payment: Members must arrange and pay for personal training sessions directly with the chosen trainer. The Gym does not handle bookings or payments for personal training sessions.
Cancellation and Rescheduling: Any cancellations or rescheduling of personal training sessions must be coordinated directly with the trainer. The terms and conditions for cancellations or rescheduling are determined by the trainer.
13.3 Trainer Assignments: While the Gym provides information on available trainers, it does not assign or guarantee specific trainers to Members. Members are responsible for selecting and arranging their training sessions with the trainer of their choice.
13.4 Certification Verification: Members may request to review the certification and qualifications of their chosen personal trainer directly from the trainer. Trainers are expected to provide proof of their credentials upon request.
13.5 No Guarantees: The Gym does not guarantee specific fitness results from personal training sessions. Members are responsible for their own effort and commitment to their fitness goals.
13.6 Health and Safety: Members must inform their personal trainer of any medical conditions, injuries, or other health concerns that may affect their ability to participate in training sessions. Trainers may require Members to obtain medical clearance before starting a training program.
13.7 Liability Waiver: Alex Fitness LLC is not responsible for any claims, damages, or injuries that arise from personal training sessions conducted by independent contractors. By engaging in personal training, Members agree to waive any and all claims against Alex Fitness LLC related to their personal training sessions.
14. Privacy Policy
14.1 Use and Protection of Personal Information: Alex Fitness LLC is committed to protecting the privacy of its Members. We collect, use, and store your personal information in accordance with applicable laws and regulations. Personal information collected may include, but is not limited to, your name, contact information, payment details, and health information.
Collection of Information: Personal information is collected during the membership sign-up process, when you book services, and through other interactions with the Gym.
Use of Information: Your personal information is used to manage your membership, process payments, provide services, and communicate with you about your membership and the Gym’s offerings.
Protection of Information: We implement appropriate security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. Access to your personal information is limited to authorized personnel only.
14.2 Consent to Process Personal Data: By signing this Agreement, you consent to the collection, use, and processing of your personal data by the Gym as described in this Privacy Policy. You have the right to withdraw your consent at any time, but this may affect your ability to use certain services provided by the Gym.
14.3 Consent to Photography and Videography: The Gym may take photographs or videos within the facility for various purposes, including promotional or marketing purposes and for creating Member profiles. When a profile is created, a photograph is taken to verify identity for future visits. By signing this Agreement, you consent to the use of your image in such photographs or videos. Additionally, please be aware that the Gym employs a video surveillance system for security purposes. These recordings are intended to ensure the safety and security of all Members and staff. If you do not wish to be photographed or recorded for promotional purposes, please inform a staff member. Please note that the security cameras will continue to operate for safety reasons, and opting out of promotional photography does not exempt Members from being recorded by security cameras.
14.4 Member Rights: You have the right to access, correct, or delete your personal information held by the Gym. To exercise these rights, please contact us at info@alexfitnesssf.com.
14.5 Third-Party Sharing: The Gym does not share your personal information with third parties except as necessary to process payments, provide services, comply with legal obligations, or with your explicit consent.
14.6 Changes to Privacy Policy: The Gym reserves the right to update or modify this Privacy Policy at any time. Members will be notified of any significant changes through appropriate channels, including email notifications and postings within the Gym.
15. Rights and Limitations
15.1 Member Rights: Members of Alex Fitness LLC are entitled to access the facility and services in accordance with the terms of their membership plan. Members have the right to a safe, clean, and supportive environment to pursue their fitness goals.
15.2 Member Limitations:
Transferability: Memberships are non-transferable and cannot be shared or sold to another person.
Conduct: Members must adhere to the Gym’s Code of Conduct and other policies. Violations may result in suspension or termination of membership without refund.
16. Arbitration and Dispute Resolution
16.1 Arbitration Agreement: Any disputes arising out of or relating to this Agreement or the Member’s use of the Gym’s facility and services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the state of California.
16.2 Waiver of Class Action: Members agree to waive any right to participate in class action lawsuits, class-wide arbitrations, private attorney-general actions, or any other proceeding in which someone acts in a representative capacity.
16.3 Arbitration Procedure: The Member and the Gym will each select one arbitrator, and the two selected arbitrators will jointly choose a third arbitrator. The arbitration decision will be final and binding, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction.
17. Changes to Terms
17.1 Notification of Changes: The Gym reserves the right to modify the terms and conditions of this Agreement at any time. Members will be notified of significant changes through appropriate channels, including email notifications, postings within the Gym, and updates to the Gym’s website and reception desk.
17.2 Right to Amend: By continuing to use the Gym’s facility and services after the changes have been communicated, the Member agrees to be bound by the updated terms and conditions.
18. Final Provisions
18.1 Entire Agreement: This Agreement constitutes the entire understanding between the Member and Alex Fitness LLC regarding the Member’s use of the Gym’s facility and services, and supersedes all prior agreements, understandings, and representations.
18.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles.
18.3 Notices: Any notices or communications required or permitted under this Agreement shall be in writing and delivered to the addresses specified by the Member and the Gym. Notices may be delivered by hand, mailed, or sent by electronic communication.
19. Feedback and Complaints
19.1 Feedback Procedure: Members are encouraged to provide feedback and suggestions to help improve the Gym’s services. Feedback can be submitted through the suggestion box at the reception desk, via email to info@alexfitnesssf.com, or through the Gym’s website.
19.2 Complaint Procedure: Members who have complaints or concerns are urged to bring them to the attention of the Gym’s management. Complaints can be submitted in writing at the reception desk or via email to info@alexfitnesssf.com. The Gym will review and respond to complaints in a timely manner.
19.3 Contact Information: For any questions, concerns, or disputes regarding this Agreement or the Gym’s services, Members may contact the Gym’s management at info@alexfitnesssf.com or +1 (628) 201 4931.
20. Non-Disclosure Agreement
20.1 Confidential Information: During the course of membership, Members may be exposed to confidential information, including but not limited to, business operations, financial data, and proprietary information of the Gym. Members agree to keep such information confidential and not to disclose it to any third party without the prior written consent of the Gym.
20.2 Duration of Confidentiality: The obligation of confidentiality shall survive the termination of this Agreement and remain in effect for a period of five (5) years from the date of termination.
20.3 Exceptions: The obligation of confidentiality does not apply to information that is publicly available, obtained independently without breach of this Agreement, or required to be disclosed by law or regulation.
21. Policy for Minors
21.1 Conditions for Minors: Children and teenagers under the age of 18 (“minors”) are permitted to use the facility of Alex Fitness LLC under specific conditions. Minors must have a membership or a guest pass and comply with all Gym policies.
21.2 Parental or Guardian Supervision: All minors under the age of 18 must be accompanied and supervised by a parent or legal guardian at all times while in the Gym. This is to ensure the safety and well-being of the minor and to comply with Gym policies.
21.3 Conduct and Safety: Minors are expected to follow the Gym’s Code of Conduct and all safety guidelines. Parents or guardians are responsible for the behavior and safety of their children while at the Gym.
21.4 Legal Compliance: These policies are subject to local laws and regulations. Members should verify and comply with all applicable legal requirements regarding the supervision of minors in fitness facility.22. Pets Policy
22.1 General Rule: For the health and safety of all members, pets are not allowed inside the Gym facility, with the exception of service animals.
22.2 Service Animals: Service animals, as defined by the Americans with Disabilities Act (ADA), are permitted in the Gym to assist members with disabilities. Members with service animals must ensure that their animals are under control and do not pose a threat to the health and safety of others.
22.3 Responsibilities: Members are responsible for cleaning up after their service animals and ensuring that their animals do not interfere with the enjoyment of the Gym by other members.
23. Loyalty and Rewards Program
23.1 Program Information: Alex Fitness LLC offers various loyalty and rewards programs to recognize and reward our valued members. These programs are designed to provide additional benefits and incentives for continued membership and participation.
23.2 Terms of Participation: The specific terms and conditions of each loyalty and rewards program may vary. Current details about available programs, including eligibility requirements, benefits, and any associated terms and conditions, can be obtained at the reception desk or on the Gym’s website.
23.3 Program Changes: The Gym reserves the right to modify, suspend, or discontinue any loyalty or rewards program at any time. Members will be notified of any significant changes through appropriate channels, including email notifications, postings within the Gym, and updates to the Gym’s website and reception desk.
23.4 Member Responsibility: It is the responsibility of the Member to stay informed about the current loyalty and rewards programs and their respective terms and conditions. Participation in any program constitutes acceptance of the applicable terms and conditions.
24. Missed Classes and Bonus Policy
24.1 Conditions for Missed Classes: While Alex Fitness LLC does not offer group classes, we participate in partnership programs such as ClassPass where members may schedule specific workout times. Members are required to adhere to the scheduled times they have selected.
24.2 Adherence to Scheduled Times: Members participating in partnership programs must follow the established schedules for their workouts. If a member is unable to attend a scheduled workout, it is their responsibility to cancel or reschedule according to the terms set by the partnership program.
24.3 No Compensation for Missed Workouts: The Gym does not provide compensation or bonuses for missed workouts. Members should refer to the terms and conditions of the partnership program they are using (e.g., ClassPass) for information on cancellations and rescheduling policies.
24.4 Bonus Programs: Any bonus or incentive programs related to workout attendance will be managed by the respective partnership program. Members should check with the partnership program for details on any available bonuses or incentives.
25. Mandatory Insurance
25.1 Personal Health Insurance: Alex Fitness LLC strongly recommends that all members maintain personal health insurance to cover any potential injuries or health issues that may arise while using the Gym’s facility. The Gym does not provide health insurance coverage for its members.
25.2 Gym Liability Insurance: The Gym carries liability insurance to cover incidents that may occur on its premises due to negligence on the part of the Gym. This insurance does not cover injuries or health issues that result from the member’s own actions or negligence.
25.3 Member Responsibility: Members are responsible for their own health and safety while using the Gym’s facility. By signing this Agreement, members acknowledge that they understand the risks involved in physical activities and that they have personal health insurance to cover any potential injuries or health issues.
25.4 Waiver of Liability: By signing this Agreement, members agree to waive any claims against Alex Fitness LLC for injuries or health issues that are not caused by the Gym’s negligence. Members also acknowledge that they are solely responsible for any medical costs incurred as a result of using the Gym’s facility.
26. Limitation of Liability
26.1 Scope of Liability: Alex Fitness LLC is not responsible for any loss, damage, injury, or death that may occur to the Member while using the Gym’s facility, services, or equipment, except where such loss, damage, injury, or death is directly caused by the gross negligence or willful misconduct of the Gym.
26.2 Assumption of Risk: By signing this Agreement, the Member acknowledges and accepts the inherent risks associated with physical exercise and the use of fitness equipment. The Member agrees to use the Gym’s facility and equipment at their own risk and assumes full responsibility for any injuries or damages that may occur.
26.3 Waiver of Claims: The Member agrees to waive any and all claims, suits, or demands against the Gym, its owners, officers, directors, employees, agents, representatives, and affiliates arising out of or in any way related to the Member’s use of the Gym’s facility, services, or equipment, except where such claims are the result of the Gym’s gross negligence or willful misconduct.
26.4 Indemnification: The Member agrees to indemnify and hold harmless the Gym, its owners, officers, directors, employees, agents, representatives, and affiliates from any and all claims, demands, liabilities, costs, and expenses, including attorney’s fees, arising out of or in connection with the Member’s use of the Gym’s facility, services, or equipment.
26.5 Member Disputes:
The Gym shall not bear responsibility for any disputes, disagreements, or altercations between members, including but not limited to any claims of injury, emotional distress, or damages resulting from such incidents. The Member agrees to release the Gym from any and all claims arising from disputes with other members while using the Gym’s facilities.
27. Use of Intellectual Property
27.1 Ownership: The trademarks, logos, and service marks (“Marks”) displayed within the Gym and on the Gym’s website are the property of Alex Fitness LLC or other third parties. Members are not permitted to use these Marks without the prior written consent of the Gym or the respective third-party owner.
27.2 Limited License: Members are granted a limited, non-exclusive, non-transferable license to access and use the Gym’s facility and services for personal, non-commercial purposes only. This license does not include any rights to copy, distribute, modify, or create derivative works of any content or intellectual property owned by the Gym.
27.3 Prohibited Use: Members shall not use the Gym’s intellectual property, including but not limited to, trademarks, logos, copyrighted material, or proprietary information, for any commercial purpose without the prior written consent of the Gym.
27.4 Violation of Intellectual Property Rights: Any unauthorized use of the Gym’s intellectual property is strictly prohibited and may result in the termination of membership and legal action