TERMS AND CONDITIONS

TERMS AND CONDITIONS

SUMMARY OF MEMBERSHIP POLICIES/SAFETY NOTICES AND MEMBER ASSUMPTION OF RISK AND RELEASE

TERMS AND CONDITIONS

DEFAULT AND LATE PAYMENTS: Should Member default on any payment obligation as called for in this agreement, BRANIAK GYM will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Should any monthly payment become more than ten (10) days past due, Members will be charged a late fee. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), BRANIAK GYM’s Designated Billing Company, BRANIAK GYM, LLC, reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees subject to appropriate State and Federal Law.

RIGHT TO CHANGE DESIGNATED BILLING COMPANY:  BRANIAK GYM hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.

MAINTENANCE OF FACILITIES: BRANIAK GYM may be temporarily closed for periods of up to two (2) weeks each year for maintenance purposes. BRANIAK GYM reserves the right to charge a Club Enhancement Fee up to two times a year.  Any member who’s membership start date is less than 30 days from the due date of the Club Enhancement fee MAY be waived of this charge until the following Club Enhancement Fee is due.  This will be at BRANIAK GYM’S discretion. BRANIAK GYM reserves the right to increase this fee at not more than 5% of the current Club Enhancement Fee.  Member authorizes the Designated Billing Company to automatically draft this amount along with the Member’s regular membership dues.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF

GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED

AMOUNTS PAID BY THE DEBTOR HEREUNDER.

MEMBER OBLIGATIONS:

1) Members agree to abide by all BRANIAK GYM policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.

2) Member agrees to pay monthly dues on time, including notifying BRANIAK GYM promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.

3) Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.

4) Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.

MEMBERSHIP DISABILITY: If Member becomes temporarily disabled for more than four (4) consecutive weeks, Member may freeze their account for up to (3) months at no extra charge. The request must be made in writing and BRANIAK GYM may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of BRANIAK GYM. If a Member requests their account to be frozen for longer than the three (3) month period, BRANIAK GYM will require medical proof of disability for the requested extension. Once the required documents are received by BRANIAK GYM, the Member is entitled to freeze their account for the duration of the disability. After Member recovers, Member is entitled to an extension of this Agreement for a period equal to the time of the disability. If a Member is permanently disabled, Member may cancel this Agreement with no early termination fee.

MEMBERSHIP FREEZE POLICY: Qualifying Members may put their membership on hold, in one-month increments, for up to six (6) calendar months each year.  A fee of $25 will be charged per freeze request.  Notice of intent to freeze one’s account must be submitted to BRANIAK GYM in person by filling out a Membership Freeze Request Form.  This request must be turned in no later than seven (7) business days prior to the freeze date.  The freeze request must state both the freeze start date and reactivation date.  Members who provide insufficient notice cannot be guaranteed a timely stop on billing.  Members will not be billed for memberships during the freeze months.  However, any club enhancement fees due during the freeze period may be charged to your account.  Billing will resume automatically upon the end of freeze months.   If a member is under contract regular payments and time will be added to the end of the existing membership term.

DELINQUENT ACCOUNTS:

1) Delinquent accounts will be assessed a fifteen percent (15%) monthly fee on the total balance due and owing until such balance is paid in full.

2) At the BRANIAK GYM’s discretion, delinquent accounts may be sent to a third-party collections agency and a fifty-four percent (54%) fee will be assessed on the past-due amount to cover the collections’ agency fee that is charged to the BRANIAK GYM.

3) In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

CANCELLATION POLICIES:

1) Member’s accounts will continue to accrue monthly membership fees until explicitly cancelled by the Member. This is done by completing a Membership Cancellation Notice.  A member MUST come in person to BRANIAK GYM in order to cancel their membership and all cancellation requests must be reviewed and approved by a fitness manager before becoming effective.  Member understands that BRANIAK GYM will under no circumstance automatically cancel an account on behalf of the Member and that the Member is responsible for giving appropriate notice to BRANIAK GYM. Emails, phone calls and text messages will NOT be accepted ways to cancel a membership.  Member’s accounts must be current before any cancellation will take effect.

2) A member may cancel their membership and receive a full refund within twenty-four (24) hours of signing this Agreement by providing a written notice and returning all key fobs to BRANIAK GYM. If key fobs are not returned, BRANIAK GYM will deduct the cost of the key fob from the refund.

3) Month-to-month memberships with no contract may be cancelled provided a thirty (30) day notice.  The member understands they will be charged their regular monthly membership dues and/or club enhancement fees that may be due during those 30 days.  The member may continue to use the facility during this time.  Once the membership is terminated, the member must return their key fob.  Any key fob not returned to BRANIAK GYM will be subject to a $25 charge that will be charged on the member’s card on file. 

4) Memberships with a contract understand they CANNOT cancel their membership during their contact terms.  A Cancellation fee of $200 will be added and deducted at the time the Membership Cancellation Request is received. Any payments due prior to cancellation taking effect will still be due and payable. The member understands they will be charged their regular monthly membership dues and/or club enhancement fees that may be due during those 30 days.  The member may continue to use the facility during this time.   Once the membership is terminated, the member must return their key fob.  Any key fob not returned to BRANIAK GYM will be subject to a $25 charge that will be charged on the member’s card on file. 

5) If during the original term of this Agreement, Member relocates more than a 45 mile radius from BRANIAK GYM or any affiliate BRANIAK GYM which will accept the membership, Member may cancel this Agreement by providing a thirty (30) day written notice and proof of relocation. The member may be subject to a cancellation fee of $100, and that will be deducted at the time the cancellation letter is received.  Any pre-paid dues remaining will not be refunded. Acceptable proof of relocation includes a newly issued Driver’s License with an address different from the one that the Member signed the Agreement with or shown on your previous license or a utility bill in Member’s name with your new address.

6) If Member dies or becomes totally and permanently disabled, Member or Member’s estate may cancel this Agreement by providing a written request and certifiable proof of disability or death. For permanent disability, Member’s doctor must provide certification of the disability and state that the Member is unable to use any of BRANIAK GYM’s facilities. Any pre-paid dues remaining will not be refunded.

7) BRANIAK GYM reserves the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of BRANIAK GYM policies, violation of terms of this Agreement, or due to damage rendered by Member or Member’s guests, Member will remain responsible for the financial obligations of this Agreement, as well as a $25.00 cancellation fee. In the case where the facility or its contents are damaged, Member is also responsible for any repair or replacement thereof.

8) To cancel for any of the above reasons, the Member must submit the Membership Cancellation Request Form in person at BRANIAK GYM and remit payment for any past due balances, along with any cancellation fees.  Again, the member acknowledges they are responsible for any membership dues and/or club enhancement fees for the next thirty days once the cancellation has been approved by a fitness manager. The member understands that if they do not pay any past due amounts or required fees over the next 30 days, it will result in my membership being revoked immediately and any unpaid amounts being subject to transfer to a collection agency.

SUMMARY OF MEMBERSHIP POLICIES

1) Member, by executing this Agreement, does hereby join BRANIAK GYM and such membership entitles the Member to use the facilities. The Member is entitled to use the facility only and Member is required to provide Member’s own athletic equipment and clothes. The Member will be subject to additional charges for and including, but not limited to, the use of personal training, group class session or other services offered at Braniak Gym. The Member may also be charged for purchases through the use of their credit card/debit card on file.

2) Members must sign in at the front desk upon entering BRANIAK GYM.  Members must use their key fob when entering the gym after hours.  Members agree that members may be denied access to BRANIAK GYM without signing in or without having their key fob in entry during non-business hours.

3) Members agree to abide by all membership regulations of BRANIAK GYM. Members agree to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member will be responsible for all payments due and owing under this Agreement, even if Member does not use BRANIAK GYM’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the BRANIAK GYM becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, the BRANIAK GYM will extend the Member’s membership privileges for the period the facilities were unavailable.

4) If Member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, BRANIAK GYM may suspend the Member’s right to use the facility until such time as the Member provides BRANIAK GYM with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. Additionally, members may be assessed an account suspension fee not to exceed $10/month. In the event the Member continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member’s membership may be terminated by BRANIAK GYM, and the balance of the Agreement declared due and payable in full immediately.  If the member is not under contract but membership is terminated due to non-compliance, they may be subject to a fee of $250.

5) Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities, unless discussed with BRANIAK GYM owner and a written agreement has been made.  Members shall not act as a trainer for any other members or guests and any acts which constitute such business activities are strictly forbidden. If a Member engages in such commercial or business activities Member’s membership shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.

6) Member agrees that Member shall abide by BRANIAK GYM dress code at all times while in the facility. Members are not to wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in BRANIAK GYM.

7) Member agrees that he/she will not use loud or profane language upon BRANIAK GYM premises nor will Member molest, badger, assault or harass other BRANIAK GYM members, guests or employees. If a Member engages in such behavior, Member’s membership shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.

8) Member understands that BRANIAK GYM prohibits the use of any drugs or steroids and Member agrees not to use any drugs or steroids on BRANIAK GYM premises. Members acknowledge and are aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Members recognize and acknowledge that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon BRANIAK GYM premises.

9) Member agrees that if he/she fails to use BRANIAK GYM facilities that this failure shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.

10) Members agree that all disputes (except small claims under $1,000) will be settled by binding arbitration 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 in which BRANIAK GYM is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.

11) Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that BRANIAK GYM shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.

12) Both Member and BRANIAK GYM hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

13) This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

14) Member authorizes BRANIAK GYM, and BRANIAK GYM, LLC. to contact Members by e-mail or telephone.

15) BRANIAK GYM retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at BRANIAK GYM from time to time and all Members shall be subject to strict compliance therewith. The most recent copy of the Membership Guide can be found at BRANIAK GYM or at the BRANIAK GYM’s website.

SAFETY NOTICES

• This facility is under 24-hour recorded video surveillance and Member access key fob usage is logged.

• Members may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the Member may be charged a guest fee and/or have their membership suspended or canceled, the balance of this Agreement declared due and payable in full immediately, and be assessed a penalty of up to $360.00. Members may not allow anyone else to use their key fob and must alert BRANIAK GYM immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.  All guests must sign a Guest Waiver and pay for a day pass.

• Members who do not have their key fob will not be allowed into the facility during non-staffed hours, nor should they expect for anyone else to let them into the facility.

• Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for personal training services are to be made to BRANIAK GYM, who will then pay the trainers as the services are provided.

• All Members have access to an orientation to the facility and the proper use of its equipment. It is the Member’s responsibility to request this orientation.

• It is each Member’s individual responsibility to wipe down the equipment and re-rack the weights the Member has used.

• Members are hereby required to use the safety features of the equipment. If a Member is unsure of how to use a machine, the Member should obtain instructions from the staff or personal trainers.

• Members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.

• Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member’s membership, and the balance of this Agreement being declared due and payable in full immediately.

• Photography and/or videography are allowed anywhere in the BRANIAK GYM.  However, photography and/or videography without a person’s knowledge and approval is strictly prohibited.

• BRANIAK GYM has a strict age requirement policy. Persons under the age of twelve (12) are not permitted at BRANIAK GYM in the strength training area. Members aged twelve to fifteen (12 – 15) years of age are only permitted in BRANIAK GYM under the direct supervision of a parent or legal guardian. Members age fifteen to seventeen (15 – 17) are permitted in the BRANIAK GYM unsupervised with the written consent of a parent or legal guardian.  No one under the age of eighteen (18) is allowed at BRANIAK GYM during non-staff hours without the direct supervision of a parent or legal guardian.

MEMBER ASSUMPTION OF RISK AND RELEASE

I understand the risk of injury from BRANIAK GYM activities and using any BRANIAK GYM equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of BRANIAK GYM staff on the premises. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BRANIAK GYM AND BRANIAK GYM, LLC, their respective owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releases), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my using any of the equipment or the facilities of BRANIAK GYM or any incident that occurs while using the BRANIAK GYM’s facilities or engaging in BRANIAK GYM activities on or off the premises or otherwise related to my BRANIAK GYM membership.

I expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of Texas and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that BRANIAK GYM is relying on this release in agreeing to enter into this Agreement.

I agree to be solely responsible for the safety and well-being of my guest and myself.  I understand that BRANIAK GYM does not provide supervision, instruction, or assistance for the use of the facilities or equipment.

I agree to comply with all the rules imposed by BRANIAK GYM regarding the use of the facilities and equipment at BRANIAK GYM.  I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. 

I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death. 

I understand and acknowledge that BRANIAK GYM is not responsible for property that is lost, stolen, or damages while in, on or about the premises. 

By signing this release form I authorize BRANIAK GYM to use the following personal information:

1. My picture- including photographic, motion picture and electronic (video) images.
2. My voice- including sound and video recordings.

I hereby grant to BRANIAK GYM, its subsidiaries, licensees, successors and assigns, the right to use, publish, and reproduce, for all purposes, my name, pictures of me in film or electronic (video) form, sound and video recordings of my voice, and printed and electronic copy of the information described in sections (1) and (2) above in any and all media, including, without limitation, cable and broadcast television, the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences, social media platforms, and in brochures and other print media.  This permission extends to all languages, media, formats, and markets now known or hereafter devised.  This permission shall continue forever unless I revoke the permission in writing. 

I further grant BRANIAK GYM, its subsidiaries, licensees, successors and assigns all right, title and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print and further grant BRANIAK GYM the right to give, sell, transfer and exhibit the print in copies or facsimiles thereof, for marketing, communications, or advertising purposes, as it deems fit.

I hereby waive the right to receive any payment for signing this release and waiver the right to receive any payment for BRANIAK GYM’S use of any of the material described above for any of the purposes authorized by this release.  I also waive any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied. 

I acknowledge that I have read the foregoing and I fully understand the contents.

I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.