Notes

SPEAKEASY FITNESS

Please note that your sales professional does not have the authority to alter the terms of your membership agreement. Only those terms contained on the following form will apply to your membership. No prior or subsequent revisions, alterations, additions, or deletions shall have any force or effect. To the extent that they conflict or contradict the written terms of the following form, you may not rely upon any representations by your sales professional, whether oral or in writing.

SPEAKEASY FITNESS – MEMBERSHIP AGREEMENT

If dual club is not circled, it implies the customer has full access to single club only. (The club where the customer joined.)

A one-time Enhancement Fee of $69.00 will be charged as part of your membership agreement. This fee supports ongoing improvements to our facilities, equipment, and member experience. In accordance with California Civil Code §1812.85, if you cancel your membership within the first five (5) calendar days from the start date, the Enhancement Fee will not be charged. If you cancel your membership on or after the sixth (6th) day but before the 21st day, the Enhancement Fee will still apply and will be charged at the time of cancellation. The Enhancement Fee is non-refundable once charged and does recur every January 25th during your membership. If you cancel your membership and your access till date is in January, you are still responsible for the enhancement fee on January 25 due that month. By signing this agreement, you acknowledge and agree to the terms, timing, and non-refundable nature of the Enhancement Fee.

All members that join between January 26th and October 31st will get billed a Facility Enhancement Fee of $69 for the first person, $49 for each additional person listed on the agreement 21 days from join date and subsequent to that every January 25th of every year.
All members that join between November 1st and December 19th will get billed a Facility Enhancement Fee of $39 per person 10 days from join date and subsequent to that $69 for the first person, $49 for each additional person listed on the agreement on January 25th and subsequent to that every following January 25th of every year.
All members that join between December 20th to Jan 25th will get billed a Facility Enhancement Fee of $69 for the first person, $49 for each additional person listed on the agreement on January 25th and subsequent to that every following January 25th of every year.
All buddy passes that allow access every day, will have a $49 enhancement fee within 21 days of joining, and a $49 enhancement fee on January 25 every calendar year.
All buddy passes that allow Fri Sun access or shorter, will have a $29 enhancement fee within 21 days of joining, and a $29 enhancement fee on January 25 every calendar year.

Monthly recurring payments (and any other charges associated with the membership) for SINGLE CLUB MEMBERSHIPS must be paid by electronic debit from a checking account only. (No cash, debit card or credit will be accepted form of payment). Your initial payment on the day that you join the club may be made with either a debit card or a credit card. Thereafter, you have 5-days to provide checking account information for recurring monthly billing (and any other charges associated with the membership) under the single club access plan. If you do not set up a checking account as the primary form of payment within 5-days of your join date, your monthly membership (and any other charges associated with the membership) you, the member, consent to having the membership convert to an ALL-CLUB ACCESS membership at $34.99 monthly. The ALL ACCESS MEMBERSHIP does not require a checking account.
If at any time, you would like to switch back to the single club access membership, you can do so during the term of your agreement by providing your checking account information for direct debit of your membership payments. Any Plan sold is a Single Club access plan unless membership type explicitly states ALL CLUB ACCESS.

After execution of this Agreement, Member is immediately able to use all of the Gym’s amenities and services, including, but not limited to the exercise weight training and aerobic areas, steam, sauna, and Jacuzzi, and pool and lounge areas (if available at the specific club). Normal Club hours (depending on club) are generally from Monday-Friday 7:00 a.m.-8:00 p.m., Saturday & Sunday 7:00 a.m.-5:00 p.m.
MEMBERSHIP FEE ADJUSTMENT
Each calendar year, “The Gym” may adjust or increase dues by up to $20 per month, in one or more increments, provided the total does not exceed $20 monthly compared with the highest dues charged in the prior year. This increase may occur anytime, including during the initial 12-month commitment. “The Gym” may also increase the club enhancement fee by up to $20 per year. Notice of these increases will comply with local and federal laws via email or text. You, the customer, is giving this consent to receive email or text for any membership related communication at anytime.

AUTOMATIC RENEWAL AND RATE ADJUSTMENT:
Upon expiration of the initial membership term, this Membership Agreement shall automatically renew month-to-month at the rate indicated in your membership agreement’s auto renewal section, which may be higher than the original rate. The Club reserves the right to increase monthly dues by up to twenty dollars ($20.00 monthly) per calendar year over the starting membership rate. In no event shall dues increase by more than twenty dollars ($20.00) per month above the amount charged in December of the preceding year.
Members may receive notice of these increases, in compliance with local and federal laws, by email or text prior to the effective date. Member agrees and consents to the gym texting the phone number on file for such notifications. Continued use of Club facilities or payment of dues after a rate increase constitutes acceptance of the new rate, whether or not the Member received or reviewed notice.. Failure to dispute or challenge the related bank or credit card transaction within thirty (30) days of posting shall also constitute acceptance. Members may cancel their auto-renewal at any time by providing notice, see DISCONTINUING YOUR MEMBERSHIP portion of this agreement.

Waiver of Disputes and Claims
By entering into this Agreement, the Member expressly waives and releases any right to dispute, challenge, or bring a claim against the Company regarding membership rate adjustments that are consistent with the limitations set forth herein. This waiver includes, without limitation, any claims under the Electronic Funds Transfer Act (EFTA), any federal or state consumer protection statutes, and any claims relating to billing disputes, chargebacks, or unauthorized transactions, provided the adjustments are made in accordance with this Agreement.

AUTOMATIC RENEWAL: NOTICE – Please take note that, subject to the preceding paragraph, any membership will automatically renew under the existing terms of this Agreement at the then-current rate upon expiration unless you provide a notice of cancellation delivered to the club’s address, by sending an email to support@ speakeasy-fitness.com, or by completing the electronic cancellation form available at myiclubonline.com.
If you prepaid your last month’s dues at the time of entering into this Agreement, your prepaid last month’s dues will be applied upon cancellation.
“The Gym” may remodel the facility, or make changes to services provided, including but not limited to: baby-sitting, aerobics classes, equipment, personal training, physical location, size of the physical location and hours of operations. Any changes made to the facility, its equipment, the services provided, or the hours of operations, will not change the terms of this agreement. If any equipment or service of the Club is removed, modified or out of service due to repairs or maintenance, this will not change any terms of your agreement. In the unlikely event this location closes, members agree to have their membership transferred to a facility within 10 miles of this location. In the unlikely event the business closes, members waive their right to recourse for the down payment, registration fees or any additional fees incurred to date. If the Club has a wet or dry spa area; spa may be closed for maintenance, repairs, upgrades or remodeling at clubs discretion. The spa is unavailable for use during this period. If any part of this agreement is not enforceable or invalidated, the remaining part of the agreement will remain in effect. Gym is closed to members on Christmas Day and an additional day fee applies for access on Christmas Day. If you cancel your membership you can not sign up a for a new membership for a minimum of 90 days. Active members can not sign up on a new promotion. Management has the right to cancel anyone’s membership for any reason even if they are on contract. This is a private club and your membership is a privilege. The Gym reserves the right to cancel or terminate any membership at any time.
If club terminates membership no refund will be due.
The introductory payment (also referred to as enrollment fee) covers the first six days of membership access, which includes benefits such as two guest passes, and two-time access buddy passes.
The guest passes must be used within the first six days. The buddy pass privilege is valid for the first six days only.
These items can be individually purchased at the end of the 6-day introductory. Any memberships sold to minors are single club access to the location your membership was purchased at, it does not include access to another location and is not transferrable. If you are under 18, your parent must sign entire membership agreement and assume financial responsibility and liability. If you are between the ages of 16 and 17, you can use your gym membership without a parent present. If you are between the ages of 14 and 15, a parent must be with you at all times during your workout. Both the parent and the minor must have memberships, a buddy pass or guest pass would not be sufficient.
No minor under the age of 14 is allowed.
If your membership does not include amenities, and you chose to use the amenities for the day you will be automatically charged $95 per day if any non-included amenity is used. By signing this agreement, you are giving us authorization to electronically debit your account on file for the amenity fee. If you do not have spa access included, that means you do not have access to sauna, steam room, jacuzzi or swimming pool. In order to get any discounts on any product or services sold by the business or any affiliated partner/business, it is your responsibility to notify the club to apply the discount.

INITIATION FEES ARE NON-TRANSFERRABLE AND EXCEPT AS OTHERWISE PROVIDED HEREIN, SUBJECT TO THE 5 DAY RIGHT TO RESCIND HEREIN, MEMBER’S INITIATION FEE SHALL BE NONREFUNDABLE.
ANY NOTICE OF CANCELLATION OF THIS AGREEMENT IS TO BE DELIVERED OR SENT VIA FIRST CLASS MAIL TO SPEAKEASY FITNESS 7869 VAN NUYS BLVD. PANORAMA CITY, CA 91342, OR SENT VIA EMAIL FROM AN ADDRESS ON FILE WITH THE HEALTH STUDIO TO SUPPORT@SPEAKEASY-FITNESS. COM OR PROCESSED VIA THE MEMBER PORTAL AT MYICLUBONLINE.COM.

Assignment and Transfer of Agreement: Member acknowledges and agrees that this Agreement, including all membership rights, obligations, and payment authorizations contained herein, may be assigned, sold, or otherwise transferred by Speakeasy Fitness (a DBA of Valley Gym Corp. and/or its affiliated operating entities) to any successor, assign, affiliated company, landlord, or purchaser of the business or facility. In the event of such assignment or transfer, Member hereby consents to the continued use of the billing information and payment authorizations provided herein by the new operator or assignee, provided that the terms of this Agreement remain substantially the same. Member understands that any such transfer will not relieve the successor operator from fulfilling the obligations set forth in this Agreement, and that the assignee shall assume all rights and responsibilities of the original operator. Speakeasy Fitness will provide written or electronic notice to Member of any such assignment, including the name of the new operator or billing party, at least ten (10) days prior to the effective date of such transfer. This clause shall survive any sale, merger, asset transfer, or corporate restructuring involving Speakeasy Fitness or any of its affiliates or subsidiaries.

Privacy and Payment Information: Member acknowledges and agrees that personal and billing information provided under this Agreement may be transferred to a successor or assignee for the purposes of administering this Agreement. Such information shall be handled in compliance with all applicable privacy laws, including the California Consumer Privacy Act (CCPA), and the successor entity shall be required to maintain data security and confidentiality standards consistent with those of Speakeasy Fitness.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree 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 days late. A SERVICE FEE OF $23.50 WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE OF $9.50. The amounts of service fees and late fees are subject to change from time to time without notice. If the Member is paying monthly dues by electronic funds transfer (EFT) or by credit or debit card, the club and its third-party billing service provider(s) (collectively, the “Company”), reserves the right to draft via EFT, credit card, or debit card (as applicable) all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $5.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.
Late payments on a paid in full agreement and enrollment fees are subject to a $50 (per person) late charge.
If by reason of death or permanent disability, member is unable to receive all services for which member has contracted, member and member’s estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and if member has prepaid any sum for services, so much of sum as is allocable to services he has not taken shall be refunded to member or member’s representative within 4-6 weeks upon written request and satisfactory proof of the condition. “Disability” means a condition which precludes a member from permanently using the facilities and the condition is verified by a physician in writing. In the event that a member becomes temporarily disabled and, therefore, is not able to use the services and facilities of the Club, the membership term will, at no further cost, be extended for a period equal to the length of the temporary disability.

DISCONTINUING YOUR MEMBERSHIP: Membership will automatically renew for the rate indicated in the automatic renewal portion on a MONTHLY basis. Renewals may be cancelled at any time by providing a written notice prior to renewal date. Non-payment, closed checking account, cancelled credit card or non-usage will not automatically cancel your membership. If you wish to discontinue your membership after the term of the contract, the primary account holder can come in to the club, and fill out cancellation form at anytime prior to the desired date of cancellation, Monday – Friday, 8am – 8pm and Saturday 8am – 2pm. Alternatively, a second form of cancellation is sending a letter by Certified Mail to the Gym with a photocopy of I.D. Balances must be paid in full before your agreement is completely cancelled.

Under applicable state and federal law, members may cancel their membership without incurring any cancellation fee or penalty in the following circumstances if the law allows for their cancellation. All cancellation requests must be submitted in accordance with the procedures outlined in the membership agreement. You can manage your account online. Register at https://www.myiclubonline.com/iclub/ members/signin. Through your online member portal you can manage your profile, update billing information, make a one-time payment, view payment history and cancel when needed if you are out of contract or cancel auto-renewals.

CANCELLATION AFTER NEW CLUB HAS OPENED: Note that a consumer who pays any money under a contract for health studio services for a health studio facility that has not yet opened for business has the right to cancel the contract and receive a full refund at any time prior to midnight of the fifth business day after the date the health studio opens for business. Any notice of cancellation of this Agreement is to be delivered or sent VIA FIRST CLASS MAIL TO SPEAKEASY FITNESS 7869 Van Nuys Blvd. Panorama City, CA 91342, OR SENT VIA EMAIL FROM AN ADDRESS ON FILE WITH THE HEALTH STUDIO TO support@speakeasy-fitness.com.

CANCELLATION DISPUTES: If there are any disputes regarding the cancellation of your membership, you will be required to provide a copy of our cancelation form from before the desired date of cancellation on eligible memberships.

CANCELLATION UPON RELOCATION. If member moves further than 25 miles from a Club, and is unable to transfer membership to a closer facility, member shall be allowed to cancel future monthly dues. To cancel with proof of move, you must submit your recently issued government ID that is issued after the date of the agreement begin date with a new address more the 25 miles away from gym location. Other acceptable forms or proof of move are recent utility bill, a lease or mortgage statement, USPS change of address confirmation, or an employment verification letter or transfer notice. Once we receive and verify your documents, we’ll cancel your membership and stop charging you for future dues.
ADDITIONAL FEES. AA) Guests of Members: see desk; B) Replacement Membership Card – $10.00; C) Club transfer fee; D) Membership transfer fee; E) Upgrade Fee; F) Freeze.
Membership may not be frozen; and are non-cancelable and non-refundable during the contract period. Transfer fee $99 upon clubs approval.
The terms of this agreement shall not exceed 36 months.

THIS IS A 4-MONTH AGREEMENT.

I HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT. BY SIGNING THIS AGREEMENTI ACCEPT THE TERMS OF THE AGREEMENT AND RELEASE/WAIVER ON THE BACK SIDE.

BUYER’S RIGHT TO CANCEL – You, the buyer, may choose to 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, email, or deliver a signed and dated notice, that states that you, the buyer, are cancelling this agreement, or words of similar effect. The notice shall be sent to via first-class mail to 7869 Van Nuys Blvd. Panorama City, CA 91402, or you can process a cancelation via the member portal at myiclubonline.com or email to support@speakeasy-fitness.com. Date this contract was signed: the indcated date.

In consideration for my use of the Speakeasy Fitness Center facilities on a membership basis, I hereby stipulate and agree that:
Using the Gym facilities involves a risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries such as catastrophic injuries including death. In consideration of your participation in the activities offered by the Gym, you understand and voluntarily accept this risk and agree that the Gym, its parent and affiliated companies, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including without limitation personal, bodily, or mental injury, economic loss or any damage to you, your spouse, quest, unborn child, or relatives resulting from the negligence of the Gym or anyone on the Gym’s behalf or anyone using the facilities whether related to exercise or not. Further, you understand and acknowledge that the Gym does not manufacture fitness or other equipment at its facilities, but purchases and/ or leases the equipment. You understand and acknowledge that the Gym is providing recreational services and it may not be held liable for defective products. By signing below, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at the Gym and you agree to all of the terms and conditions of this Membership Agreement.

RELEASE OF LIABILITY: Accident/Injury: I represent that I am in sound physical condition and expressly agree that all exercises and use of all facilities shall be undertaken at my own risk and the employees of Parent Company/Affiliate Company and/or any of its affiliated companies shall not be liable for any claims or demands arising out of the my use of “The Gym” facilities or while on “The Gym” property. I agree to hold harmless “The Gym” Speakeasy Fitness (Parent Company/Affiliate Company) or any related entity, and shareholder/s harmless in case of injury or damage including but not limited to accident, injury or misuse of equipment, use of baby-sitting, group glasses, training, locker/shower facilities or any form of unintentional negligence on the part of “The Gym”, it’s staff, independent contractors, members, guests of members or non-members and agrees to pursue no recourse.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training; (d) contracting a virus or disease; and (e) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility. Should any action or arbitration be instituted by any of the parties hereto in any court of law or equity, or any arbitrator, pertaining to the enforcement or breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any judgment or decree rendered therein, all court costs and reasonable attorneys’ fees and expenses. You further expressly agree that the foregoing release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I realize the risks of cardiovascular exercise, weight lifting, weight training and/ or bodybuilding, and I am fully aware of the possibility of mechanical and/or other malfunctions of cardiovascular equipment, weight machines and/or apparatus, (“equipment”) due to the negligence of “The Gym” or otherwise, a well as the possibility of injury to me as a result of the use of such cardiovascular equipment, weight machines, and/or weight machines and apparatus, aerobic or other facilities offered at “The Gym”. I fully understand the serious consequences which might result due to my involvement in cardiovascular exercise, weight lifting, weight training while at “The Gym” premises and based on that understanding, as set forth in this paragraph, I voluntarily assume any and all risk of loss, damage or injury of any kind whatsoever from my use of any and all of the equipment and facilities of “The Gym”, and further and with full knowledge of the consequences (i.e. that I am waiving my right to sue) expressly waive any and all liability on the part of “The Gym” and their respective trustees, beneficiaries, staff, directors, shareholders and agents from my use of “The Gym” and its equipment facilities and services offered by or in “The Gym”.
I am physically sound and have medical approval to proceed with a normal routine of exercises and all exercises shall be undertaken by me at my sole risk. I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, and/or weight training, nor do I have any physical limitations that would preclude said involvement.
Member/guest represents that they are either: 1) familiar with how to properly use any equipment, amenities, classes, accessories within the gym facilities; or 2) if unfamiliar or uncertain, member acknowledges his/her responsibility to learn the proper and safe use of any and all equipment to in order to become sufficiently familiar with the equipment, amenities, classes, and accessories before attempting to use the equipment, amenities, or accessories, or taking or participating in any classes. Member/guest acknowledges that using the equipment, amenities, or accessories, or taking or participating in any classes when they are unfamiliar or uncertain about how to use or participate in same is strictly prohibited and may result in damage, injury or death. By using the equipment, amenities, or accessories, or taking or participating in any classes, member/guest represents and warrants that they are sufficiently familiar with how to properly use any equipment, amenities, classes, accessories within the gym facilities.
This location may be operational 24 hours. There may not be an employee working at some of those hours, and customer would require to enter with key card access. Customer understands that there could be risks associated with entering the facility at hours when there is no employee present. Customer understands and accepts these risks.
Member further agrees that “The Gym” shall not be liable for any loss, damage or theft of personal property occurring at the facility, parking areas, or areas surrounding “The Gym” property. Cars parked by valet parking services are parked at owners risk and expense. “The Gym” is not held liable for any damages done to owner’s vehicle and property.
If any clause in this waiver is deemed unenforceable by a court, I am still bound by the rest of its contents.
The liability waiver is in effect for any future gym visit at any Speakeasy Fitness location regardless of the membership being active, inactive, cancelled, expired and or terminated. This liability waiver is applicable to any member, prospective member, guest of member or any visitor.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERTA CLAIM AGAINST CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.

I have read the above terms, intend to be legally bound hereby and understanding this document to be a complete waiver and disclaimer in favor of “The Gym” of any and all liability, and I hereby affix my signature hereto. By affixing my signature to this document, I understand and agree that I am legally bound by its contents. Member Signature
BUDDY/GUEST RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY (CALIFORNIA)

PARTIES & ACTIVITIES. IN CONSIDERATION OF BEING ALLOWED TO ENTER AND USE SPEAKEASY FITNESS AND PARTICIPATE IN ANY ACTIVITIES (DEFINED ABOVE), I, THE UNDERSIGNED GUEST/BUDDY, AGREE AS FOLLOWS.
ASSUMPTION OF RISK (EXPRESS). I UNDERSTAND THE ACTIVITIES INVOLVE INHERENT RISKS (E.G., SLIPS, TRIPS, FALLS, EQUIPMENT FAILURE/ MISUSE, COLLISIONS, EXPOSURE IN LOCKER ROOMS/SHOWERS), WHICH CAN CAUSE INJURY OR DEATH. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER FORESEEN OR UNFORESEEN, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF THE CLUB OR OTHERS.
RELEASE OF LIABILITY (ORDINARY NEGLIGENCE ONLY). TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, I RELEASE AND DISCHARGE THE CLUB AND ITS OWNERS, AFFILIATES, EMPLOYEES, TRAINERS, CONTRACTORS, AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS FOR INJURY, LOSS, OR DAMAGE I MAY SUSTAIN ARISING OUT OF OR RELATING TO MY PRESENCE AT THE CLUB OR PARTICIPATION IN THE ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY DUTIES.
GUEST INDEMNITY. I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS ARISING FROM MY ACTS OR OMISSIONS (INCLUDING MISUSE OF EQUIPMENT, VIOLATION OF RULES, OR DAMAGE I CAUSE TO OTHERS OR PROPERTY).
MEDICAL FITNESS & RULES. I AM PHYSICALLY ABLE TO PARTICIPATE; I WILL FOLLOW ALL POSTED AND VERBAL RULES; I WILL STOP IF I FEEL UNSAFE; AND I WILL NOTIFY STAFF OF ANY UNSAFE CONDITION.
EMERGENCY CARE. THE CLUB MAY OBTAIN EMERGENCY MEDICAL CARE FOR ME IF NEEDED. I AM RESPONSIBLE FOR ALL RELATED COSTS.
MINORS. IF THE GUEST/BUDDY IS A MINOR, A PARENT/LEGAL GUARDIAN MUST SIGN THE MINOR ADDENDUM BELOW BEFORE ENTRY. (A MINOR CANNOT SIGN THIS RELEASE ALONE.)
MISCELLANEOUS. THIS RELEASE IS GOVERNED BY CALIFORNIA LAW; IT IS INTENDED TO BE AS BROAD AS LAWFUL; IF ANY PART IS INVALID, THE REST REMAINS ENFORCEABLE. I HAVE READ THIS RELEASE, UNDERSTAND IT, AND SIGN IT VOLUNTARILY.

In consideration for my use of the baby-sitting or children’s classes or children’s use of the gym, I hereby stipulate and agree that:
I realize the risks of putting my child in baby-sitting. The person running the baby-sitting is not a licensed day care professional.
I am fully aware of the possibility of injury to the child due to the unintentional negligence of USA Gym Fitness Center or the baby sitter. A child in baby-sitting may get hurt by playing, a fight with another child, toys or other items hurting the child, on their way in or out of the baby sitting room or anything else not mentioned here.
For clubs with wet or dry spa, I realize that there are risks associated with use of the wet or dry spa areas including but not limited to the sauna, steam room and Jacuzzi. DO NOT USE SPA IF YOU HAVE A MEDICAL CONDITION. In using the spa, I have consulted with a doctor. I will hold ‘The Gym’ harmless in the case of any accident, injury, sickness from my use of the spa.
I am forewarned that “The Gym” will not in any event provide medical and/or hospitalization insurance for my benefit (or child’s), and in the event of any injury to my person occurring as a result of my being on any portion of the premises of “The Gym”. At all hours Gym staff, is not CPR certified. I will save harmless and keep indemnified “The Gym” and their respective trustees, beneficiaries, staff, officers, directors, shareholders and agents from and against any and all actions, claims, costs, expenses or demands, in respect of such injury or injuries, including death, howsoever caused, arising out of or in connection with my (or my child’s) use of the “The Gym” facilities or my being on any portion of said premises and notwithstanding that the same may have contributed to or may be caused by the negligence of “The Gym”, and its respective staff, representatives, agents, officers, directors, shareholders, trustees or beneficiaries.
Member further agrees that “The Gym” shall not be liable for any loss, damage or theft of personal property occurring at the facility, parking areas, or areas surrounding “The Gym” property. Cars parked by valet parking services are parked at owners risk and expense. “The Gym” is not held liable for any damages done to owner’s vehicle or property.
If you are a parent signing for a minor child, the same terms and conditions apply to you and the minor child as above. “The Gym” will be held harmless in case of any injury or loss to the minor child or you the parent.
If any clause in this waiver is deemed unenforceable by a court, I am still bound by the rest of its contents.
I have read the above terms, intend to be legally bound hereby and understanding this document to be a complete waiver and disclaimer in favor of “The Gym” of any and all liability, and I hereby affix my signature hereto. By affixing my signature to this document, I understand and agree that I am legally bound by its contents.
WARNING. Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

THE GYM RULES
I will abide by each and every of the “The Gym” rules and regulations, and I further agree that if I fail to comply, that “The Gym” has the right at any time, in their sole and absolute discretion, to cancel any membership, and in such event I will not be entitled to a refund. Courteous member conduct is very important in order to provide everyone with a pleasant work-out environment. For poor conduct, membership will be terminated without refund and member waives the right to recourse. Poor conduct includes but is not limited to: Use of profanity (with either a member or staff member), and physical or verbal conflict, bad mouthing the club, rudeness with a staff member, misuse of gym equipment / property.

Member will check-in at front desk with membership card or ID for every visit. There is a $15 charge for walking into the club without check in.
Letting someone else use the membership card will terminate the membership and you will be billed a $59 reactivation fee to re-access the account
You must bring a work out towel with you and wipe down equipment after use.
Weights must be re-racked after use. It’s a lot easier for others to use. Do not drop weights. Throw your trash in the appropriate bin.
Do not pour water on the sauna. It could cause a fire.
Lockers are for day use only. No locker can be left locked overnight. Items left in lockers overnight may be discarded.
If you have a dispute with another member, do not argue or fight, please notify someone at the front desk.
If member does not have a guest pass, Guest fee is $20. Guest must be over 18 with valid local ID and comply with club rules.
Children / guests are not allowed to wait in the gym during a work-out.
You must wear a bathing suit in wet areas. Women that are on their period are not allowed in the Jacuzzi.
If others are waiting, you must allow others to work in with you.
No jeans, white tank top or sandals allowed. No parachute material at the gym. Appropriate work out attire needed.
No smoking, vaping or any sort of disrespectful conduct within 10 feet of the facility. Shirts must be on at all times
Do not play your own music or any sounds on any device that has exterior speakers.
Do not connect to any bluetooth devices that are property of the gym.
No play fighting, roughhousing or altercations of any sort.
No reserving or holding equipment while not in use.
We recommend members discontinue their workout thirty (30) minutes prior to closing. All members must be out of the building, including the parking lot at closing time.
All signs posted in the Club shall be considered as part of the rules and regulations. Any member who is loud, offensive, and bothersome to other members or in Club’s sole discretion behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the Club.
Socks and sandals are not allowed.
Members shall not yell or scream across the gym.
Have a “spotter” when using heavy weights.
Shaving in steams, saunas, and Jacuzzis is strictly forbidden.
No personal belongings (i.e., gym bags, purses, extra clothing, etc.) are allowed in our gym.
Chalk is not allowed to be used in the gym.
No member shall solicit or perform personal training services on the premises.

Guest Rules:

No member shall bring in any individual to perform personal training services. All guests must register upon entering the Club.
All guests must execute a Waiver and Release of Liability and Indemnity Agreement.
Former members and members restricted from the Club may not enter as guests. Guests visiting with an ID address more than 5 miles away from the gym will be charged guest fees.
The Club reserves the right to refuse anyone who is not properly attired and/or personally clean.
Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club.
Members are responsible for their guests. (See Membership Agreement #5) All guests must abide by Club rules and regulations.

Arbitration and Class Action Waiver
Any controversy, dispute, or claim arising out of or relating to this Agreement, including but not limited to membership rate adjustments and billing practices, shall be resolved exclusively by binding arbitration administered under the rules of the American Arbitration Association (AAA) in the state where the Company is located. The arbitration shall be conducted on an individual basis only. Members expressly waive any right to bring or participate in a class action, collective action, or representative proceeding against the Company.

The Member acknowledges and agrees that this arbitration and class action waiver provision is a material term of this Agreement, and that by accepting membership and using the Company’s facilities, the Member knowingly and voluntarily waives the right to a trial by jury and to participate in any form of class or collective litigation.

CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Speakeasy Fitness and its third-party billing service provider(s) (collectively, the “Company”), including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to the Company, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

COMMUNICATIONS: By providing your information, you agree that Speakeasy Fitness may contact you by email, direct mail, telephone or text messages at any of the addresses, email addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Speakeasy Fitness account, including for marketing purposes. Standard message and data rates may apply. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time. If you are associated with an account for various Speakeasy Fitness locations, you must opt-out of each location separately. Even if a you opt-out of marketing materials, and you accidentally receive emails, text messages and phone calls related to Speakeasy Fitness, you completely waive your right to recourse. If you accidentally continue to receive any form of communication after opting out, please notify us by certified mail at the indicated club address to remove you from our communications.

TCPA CONSENT DISCLOSURE: By signing below” I acknowledge and attest that the mailing address, telephone number, cellular telephone number, and e-mail address provided by me are accurate and were provided voluntarily. Subject to applicable law, I agree that Speakeasy Fitness, its agents, affiliates, and others doing business in its name, may contact me for marketing purposes, or to obtain additional information for such purposes, at any mailing address, telephone number, cellular telephone number (SMS), or e-mail address provided by me now, or any time thereafter, to Speakeasy Fitness. This includes automated electronic communications using an automated telephone dialing system and/or an artificial or prerecorded voice, text messages or email. I understand that my consent is not a condition or required to purchasing a membership or being a member of our gym. I also understand that I can “opt-out” of SMS communication by replying “STOP” at any time. Message and Data rates may apply.
NOTE that your consent to the foregoing is not a condition of purchase, and if you do not wish to consent please contact us and you will be placed on a no call list.

NOTICE OF FILMING AND PHOTOGRAPH: When you enter this Speakeasy Fitness location, you enter an area where photography, audio, and video recording may occur. By entering the premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purpose by Speakeasy Fitness and its affiliates and representatives. Images, photos and/or videos may be used to promote Speakeasy Fitness in the future. You release Speakeasy Fitness from any liability connected with taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or sound recordings. By entering the premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, or other publication of these materials, regardless of the purpose. You also waive any right to inspect or approve any photo, video, or audio recordings taken by Speakeasy Fitness or the person or entity designated to do so by Speakeasy Fitness. You have been fully informed of your consent, waiver of liability and release.

COVID LIABILITY: In consideration for receiving permission to BE ON PREMISES at Speakeasy Fitness/ SPEAKEASY FITNESS (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following: 1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. 2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities. 3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) Speakeasy Fitness/ SPEAKEASY FITNESS, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities. 4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury. 5. It is my express intent that by my execution hereof, it shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of California. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

FORCE MAJEURE: Neither party shall be liable for any delay in performance or failure of performance of obligations under this Agreement which is caused by Force Majeure events including but not limited to strikes, lockouts, riots, mobs, fires, floods, pandemics, wars declared or undeclared, civil strife, embargo, currency or other restrictions caused by reason of laws, regulations or orders by any government, governmental agency or instrumentality or by any supervening unforeseeable circumstances whatsoever beyond the control of the parties. For force majeure events that make the provision of services under the Agreement temporarily impossible or impractical for a period in excess of five (5) days in the reasonable discretion of the performing party, the obligation to perform and the corresponding payment for performance shall be suspended, and the term of the Agreement shall be extended for a period equal to the length of the suspension. Once services can be resumed in the reasonable discretion of the performing party, the corresponding payment obligation shall resume. In the event that there has been payment for services that have not yet been provided at the time services are suspended, such payment shall operate to prorate the first payments due upon resumption of services. In addition, the parties understand and agree that certain Force Majeure events may require a temporary reduction in the nature or quantity of services, and that payment obligations during such period shall resume or remain so long as the nature and quantity of services available are reasonable.

Collection of Your Personal Information. ABC collects information about you that is provided in conjunction with your purchase of services from one of ABC’s health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to ABC in any manner, or when you update account or contact information at the club or online. The information ABC collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. ABC collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. ABC uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. ABC’s Privacy Policy is available at https://www. abcfitness.com/privacy-policy/.

E-SIGN CONSENT: Certain laws and regulations may require Speakeasy Fitness and/or its third-party billing service provider(s) (collectively, the “Company”), to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that the Company, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting the Company, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with the Company, and to promptly notify the Company, of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of the Company. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then the Company, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to the Company.

FORALLBILLINGINQUIRIES, PLEASECALLOURBILLINGSERVICEPROVIDER, ABC FITNESS SOLUTIONS, AT: 1-888-827-9262 www.abcfitness.com ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.