Agreement & Policy

MEMBERSHIP AGREEMENT & POLICY

Your Monthly Membership Fee will be billed to your account on or around the 15th of each month until you cancel in accordance with this agreement. 


• This membership has a 0 month minimum term (minimum term not to exceed 12 months). 


• If you have a minimum monthly term, your account will be billed for a minimum of 0 months and will continue on a month-to-month basis at the monthly rate agreed on sign up until you 
cancel in accordance with the terms of this agreement. 


• Your Monthly Membership Fee is guaranteed so long as you remain a member in good standing including payment of all monthly dues.

• To cancel your monthly membership and stop the billing of the Monthly Membership Fee on or around the 15th of the month, the club must receive notification by the 10th of the month in person. Please note it may take up to seven (7) business days for any member- ship or billing changes to take effect. 


• If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership-related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the club in person or preferably via certified mail to the address listed above. 


• If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with the terms of this agreement (whether or not we have obtained a new expiration date). 


• In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us, and a $10 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectable. 


• Cancellation & Billing Policies: I have read and understand the cancellation rights and billing policies on the front and back of this agreement.



PLEASE READ AND UNDERSTAND THIS AGREEMENT.

1. Parties

Kings Barbell Fitness (as previously defined) and you agree that by signing this agreement, you are purchasing a membership or services and agree to all the terms contained in this agreement. The terms “you” and “Kings Barbell Fitness” include heirs, estates, agents, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds, all these included persons and entities. It is your responsibility to notify Kings Barbell Fitness of any change in your mailing address, billing information or contact information.

2. Representations

A) Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Kings Barbell Fitness’ facilities. You acknowledge that Kings Barbell Fitness did not give you medical advice before you joined, and cannot give you medical advice after you join. We do not give members advice relating to their physical condition or ability to use the facilities, so if you have any health or medical concerns now or after you join, please discuss them with your doctor before using the facilities.

B) Liability for Property: Neither Kings Barbell Fitness is liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around Kings Barbell Fitness’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Kings Barbell Fitness’ facilities, you are liable to Kings Barbell Fitness for its cost of repair or replacement.

C) Entire Agreement & Enforcement: You acknowledge that neither Kings Barbell Fitness, nor anyone else, made any representations nor promises upon which you relied that are not stated in this agreement. This document contains the entire agreement between you and Kings Barbell Fitness and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Kings Barbell Fitness does not enforce any right in this agreement for any reason, Kings Barbell Fitness does not waive its right to enforce it later. This agreement and all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and agree that such copies will be given the same legal effect as the original signed agreement.

3. Membership

A) General: Your membership permits you to use Kings Barbell Fitness’ premises, facilities, equipment and services and your dues are in exchange for such access whether you use the facilities or not. Your membership is subject to all current company policies, rules, terms, conditions and limitations including, but not limited to, transferability rules, guest privilege rules, and dress code. Your membership gives you no rights in Kings Barbell Fitness, its management, ownership, property or operation. Kings Barbell Fitness may assign or transfer your membership in its sole discretion. You have no right to assign your membership or this agreement. Kings Barbell Fitness can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at your home club.

B) Group Fitness Instruction: Kings Barbell Fitness may offer pre-scheduled group fitness instruction from time to time. The number of participants in group sessions may be limited. Group sessions will be made available either on an appointment basis or on a “first come, first served” basis. These classes are strictly informational and instructional in nature and not intended as personal training.

C) Membership Freeze: Your membership can be frozen for verified medical reasons only at time of illness, injury or medical condition. Your freeze will be limited to the time indicated as necessary by your physician, up to a maximum of three (3) months. Your monthly dues will be automatically reinstated at the end of your freeze and billed to the account on file with Kings Barbell Fitness unless you cancel your membership or you are approved for a longer freeze.

D) Non-Discrimination: It is the policy of Kings Barbell Fitness not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age or disability.
H) Changes to Membership Agreement: Kings Barbell Fitness may, from time to time, make changes to this agreement, other than to your guaranteed Monthly Membership Fee. Such revisions will be effective immediately, provided, however, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice. Your continued use of Kings Barbell Fitness’ facilities and/or services shall constitute acceptance of these changes.

J) Dispute Resolution: In the unlikely event that Kings Barbell Fitness is unable to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute with you after attempting to do so informally), we each agree to resolve such disputes through binding arbitration or small claims court rather than a court of general jurisdiction. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this agreement, you acknowledge and agree that you and Kings Barbell Fitness are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This Dispute Resolution provision shall apply to this contract unless, within thirty (30) days of signing this contract, you notify Kings Barbell Fitness in writing that you reject this provision. Such notification must be made in writing delivered to the club address listed on the first page. Rejection of this provision shall have no effect on the remaining provisions of this contract.

4. Rules & Regulations

You agree to follow Kings Barbell Fitness’ membership policies and club rules. Kings Barbell Fitness may, in its sole discretion, modify the policies and any club rule without notice at any time. Kings Barbell Fitness reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for violation of any membership policy or club rule.

5. Dress Code

Kings Barbell Fitness strives to provide a safe and comfortable environment for all members. As such, Kings Barbell Fitness management and staff may enforce, and you agree to abide by, a dress code in all areas of the club. Clothing that may be perceived as intimidating, revealing or offensive, as well as clothing that may present a safety hazard or damage equipment, is not allowed.

6. Account Information Notifications

Kings Barbell Fitness may contact you via telephone, email, text message or other means from time to time for the purpose of notifying you of issues related to your membership or billing information or for automatic payment processing issues. By providing us with your contact information and signing this agreement, you give your prior express written consent to receive, at any address or phone number provided to us, membership and billing-related communications from us or our authorized delegate to the extent permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. Data and usage charges may apply.

7. Facilities & Services

A) Kings Barbell Fitness reserves the right at any time to remove, discontinue, repair or replace the equipment available to members without any effect on this agreement. Kings Barbell Fitness also reserves the right to make changes to the type or quantity of equipment, programs or services offered to members and to alter the hours of operation in Kings Barbell Fitness’ sole discretion. You acknowledge and agree that the equipment, programs and services currently available at the facility are subject to change from time to time and are offered on a “first come, first served basis.”

B) Kings Barbell Fitness regularly closes its facilities (or portions of its facilities) for maintenance on a temporary basis and also closes on selected holidays, etc. and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable.

8. Dues, Fees, Charges & Taxes

A) Payment Authorization. You have full control over the payment authorization and can stop it at any time by notifying Kings Barbell Fitness as set forth on the front page of this agreement. You are responsible for notifying your bank or credit card company of any error that appears on your statement in a timely manner. You must notify Kings Barbell Fitness within sixty (60) days of a claimed error on your statement..

B) Charges & Taxes: Kings Barbell Fitness has the right to add to your prepaid dues or to your monthly dues any applicable tax imposed by the government as well as any utility charges or surcharges related to the facility.

9. CANCELLATION - TERMINATION - REFUND

7(a). Your 5-Day Cancellation Right: You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar affect. Such notice shall be sent preferably via certified mail to: Kings Barbell Fitness, 929 Jefferson St. Suite E Delano, CA 93215. Kings Barbell Fitness will refund all the money you paid, including your start up fees within 10 days of when Kings Barbell Fitness receives written notice in the manner described above. 7(b). Cancellation Rights & Refund: Prepaid dues, start up fees and annual fees are nonrefundable, except for 5-day cancels above or unless specifically stated otherwise below. You may cancel this agreement if there is a minimum term or if prepaid and receive a refund of unused prepaid dues if you qualify as follows:

7(b)(1). You Are Disabled or You Die: Your disability must physically prevent you from using the club’s facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. In either case, Kings Barbell Fitness will refund any unused prepaid dues and a prorate refund of your start up fees if you are entitled to cancel within your initial term.

7(b)(2). New Facility: If you pay any money under this agreement for a facility that has not yet opened for business, you have the right to cancel this agreement and receive a full refund at any time prior to midnight of the fifth business day after the date the facility opens for business. We will refund you within 10 days of receipt of notice of cancellation.

7(b)(3). Notice & Effective Date: You (your estate) must send written notice and proof of the event within 30 days after it happens. Cancellation is effective as of the date of the event. If your notice is late or lacks proof, Kings Barbell Fitness may set the effective date when Kings Barbell Fitness receives the notice. Such notice shall be sent preferably via certified mail to: Kings Barbell Fitness, 929 Jefferson St. Suite E Delano, CA 93215.

10. Limitation of Liability

Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential dam- ages, even if one party told the other party that they might suffer these damages.