DUES, FEES, AND CHARGES AGREEMENT 

DUES RENEWAL. By signing below, I give 806 Fit full rights to draft any membership dues, enrollment fees, late fees, taxes, and/or charges from my account. I understand that if my charges due do not clear, dues will be drafted on re-submittal days (every Wednesday and Friday) with a $20.00 non-refundable return fee. I will keep 806 Fit updated with any payment changes to avoid my account from going into collections for the entire contractual amount PLUS a $75.00 collection fee, as well as all accruing dues and late fees. The transaction on my bank statement will show as either 806 Fit or Club Systems.  

MONTHLY DUES. All monthly payments are due on the 1st or the 15th day of each month, as noted in the contract. Payments not collected by either of those scheduled dates are considered to be delinquent. Delinquent membership accounts are subject to inactivation or termination. Re-activation of the membership requires payment of all debits in full. Dues are required to be paid by electronic funds transfer (EFT) from my bank account, credit, or debit card. If automatic electronic payment or draft is returned, a non-refundable $20.00 fee will be charged to me and electronic payment will be re-submitted. Any payments cancelled or refused by me are subject to a $20 chargeback fee in addition to the original payment. The primary account holder acknowledges and accepts responsibility of monthly drafts for Couple Memberships and Family Memberships.  

ENROLLMENT FEE.I agree to an enrollment fee. Any new membership is subject to an enrollment fee of $45 unless other otherwise specified during promotions or other circumstance approved by management. Any returning Member who does not hold a currently valid membership is considered a new member after 60 of prior cancellation.  

ENHANCEMENT FEE. I agree to an annual enhancement fee of $35. New members will incur the fee during the second month regular dues are drafted and recurring annually on the anniversary date of the initial charge. Enhancement fees are applied to facility needs, improvements, request fulfillments, and rate maintenance. 

LATE AND DEFAULT PAYMENT. I hereby irrevocably authorize 806 Fit, its successors and designees, to report any delinquencies or defaults by me to credit reporting bureaus and to take any collection effort deemed necessary. After a minimum of 30 unpaid days, my account will be sent to collections for the entire contractual amount; plus, a $75 collection fee and all accruing dues and late fees. Additional fees may apply from the collection agency. Should legal action become necessary, I agree that this agreement shall be governed and construed in accordance with the laws of the State of Texas. I further agree to be responsible for all costs of collection, including any attorney’s fees or court costs. 

ACCOUNT CHANGES.  I hereby agree to notify 806 Fit of any and all changes in my electronic payment information or personal information. I must submit a Billing Change Form and file with 806 Fit staff ten (10) days prior to my next scheduled electronic payment date. Failure to comply can result in the loss of 806 Fit membership privileges and/or the acceleration of this agreement.  

REPLACMENT KEY FOB FEE.I agree to costs for any needed replacement key fobs.Replacement key fobs can be issued to members who lose their key fobs. A $5 fee will be charged to the member for each replacement key fob. Key fobs reported as lost will be disabled and no longer gain access to the 806 Fit facility.  

FINE FOR UNAUTHORIZED USE OF KEY FOB. I agree to any fines associated with anyunauthorized key fob use. Members loaning key fobs to guests are in violation of 806 Fit rules and policies and may be subject to a fine of $25 for unauthorized key fob use. See KEY FOB USE and GUESTS under MEMBERSHIP POLICES AND CLUB RULES.  

TAILGATE FINE.I agree to any tailgate fines. Tailgates are considered unauthorized entry of a non-member by a member during unstaffed business hours. Members accessing 806 Fit with their key fob during unstaffed business hours who allow entry of a non-member will incur a $25 fine per occurrence. Tailgates are monitored through 24-hour surveillance.  

NONUSE OF SERVICES. In the event I fail to use 806 Fit membership privileges or included services, I shall not be released from the obligation to make all payments required by the terms of this Membership Contract. I will be required to provide written notice of cancellation to be released from recurring payment obligations. See MEMBERSHIP CANCELLATION.  

GUEST PASS. All Guests are required to purchase a Guest Pass and sign-in at front desk. Guest entrance and use of facility and equipment is only permitted during staffed business hours. Guest Passes are issued by 806 Fit staff only. See GUESTS information under MEMBERSHIP POLICES AND CLUB RULES.  

DAMAGES. I acknowledge and agree to full financial responsibility of any damages to 806 Fit properties caused by me or my children. 

GOODS AND MECHANDISE. All merchandise offered for sale by 806 Fit must be paid in full at time of sale unless Member has authorized and agreed to account credit charges. Only persons indicated in writing by the primary account Member will be authorized to charge merchandise to the primary Member’s account. 

PERSONAL TRAINING, SMALL GROUP TRAINING, PILATES, GROUP CLASSES. See other sections titled PERSONAL TRAINING, SMALL GROUP TRAINING, PILATES, and GROUP CLASSES under MEMBERSHIP POLICES AND CLUB RULES.

TAXES. 806 Fit will apply all federal, state, and local taxes to all dues, fees, services, goods, and merchandise sold.  

WAIVER, RELEASE OF LIABILITY, AND INDEMNITY ACKNOWLEDGEMENT 

I understand and acknowledges that 806 Fit is private to 806 Fit members and there is limited supervision of the premises. I assume all risk of using 806 Fit facilities unstaffed, unsupervised, and in an unguarded facility. Staffed business hours will be posted and all Members, Guests, and Legal Guardian/Parent assume responsibility for identifying staffed business hours. 806 Fit hereby gives notice that there is risk in using 806 Fit facilities. Members and Guests assume any and all risk and are responsible for their own negligent and intentional conduct. I do hereby agree that in the event I should cause, either directly or indirectly, in whole or in part, damage to any property or person, I shall be liable for such damage, and I shall defend, indemnify and hold 806 Fit harmless and safe from any and all loss, liabilities, damage, claim or litigation arising out of such damage or loss. I shall not hold 806 Fit liable or responsible for loss, theft, or damage to any property including and not limited to automobiles or items in automobiles.  

IN ADDITION TO THE PAYMENT OF FEES, THE MEMBER, GUEST AND LEGAL GUARDIAN/PARENTDOES THE FOLLOWING:  

a. HEREBY RELEASES, DISCHARGES, AND WAIVES ANY CLAIM AGAINST 806 FIT AND ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, AND ANY AND ALL OTHERS FROM ANY AND ALL DAMAGES, INJURIES, OR DEATH RESULTING FROM MEMBER’S OR GUEST’S USE OF ANY 806 FIT FACILITIES OR PARTICIPATION IN ANY 806 FIT EVENT, PROGRAM OR CLASS. I ASSUME ALL RISK, INCLUDING GROSS NEGLIGENCE AND HIDDEN DANGERS.  I ACKNOWLEDE THAT PARTICIPATION AT 806 FIT FACILITY OR ANY EVENT HOSTED BY 806 FIT IS VOLUNTARY.  

b. I ACKNOWLEDGE THAT I AM AWARE THAT PHYSICAL ACTIVITIES INVOLVE THE POSSIBILITY OF INJURY AND EVEN DEATH. I REPRESENT THAT I AM IN GOOD HEALTH AND DO NOT SUFFER FROM ANY INFIRMITY, ILLNESS, COMMUNICABLE DISEASE, IMPAIRMENT, OR PHYSICAL CONDITION THAT WOULD PREVENT ME FROM PARTICIPATING IN ANY OF THE ACTIVITIES, EVENTS, CLASSES, OR PROGRAMS OF 806 FIT WITHOUT RISK OF HARM OR INJURY. I REPRESENT TO 806 FIT THAT I HAVE PERMISSION AND APPROVAL OF MY PHYSICIAN TO PARTICIPATE IN THE PHYSICAL ACTIVITIES, PROGRAMS, EVENTS, AND CLASSES AT 806 FIT. IF I DO NOT HAVE SUCH PERMISSION, I HEREBY ASSUME THE RISK OF INJURY AND DEATH, WHICH MAY RESULT FROM SUCH ACTIVITIES. 

PARENT(S)/LEGAL GUARDIAN(S) AGREE THAT THEY HAVE INSPECTED THE FACILITIES AND EQUIPMENT TO BE USED, AND IF THE PARENT(S)/LEGAL GUARDIAN(S)  BELIEVES ANYTHING IS UNSAFE, HE/SHE SHOULD IMMEDIATELY ADVISE THE STAFF AT 806 FIT OF SUCH CONDITION(S) AND REFUSE TO HAVE THEIR CHILDREN PARTICIPATE. PARENT(S)/GUARDIAN(S)  ACKNOWLEDGE AND FULLY UNDERSTAND THAT EACH PARTICIPANT WILL BE ENGAGING IN ACTIVITIES THAT INVOLVE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH. PARENT(S) ASSUME ALL THE FOREGOING RISK FOR THEMSELVES AND THEIR CHILDREN AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, PERMANENT DISABILITY OR DEATH. PARENT(S) AGREE TO BE PRESENT AND SUPERVISE FOR ALL ACTIVITIES THEIR CHILDREN PARTICIPATE IN 806 FIT OUTSIDE OF SET HOURS FOR MINORS. PARENT(S)/GUARDIAN(S) RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE 806 FIT ITS AFFILIATED CLUBS, ADMINISTRATORS, DIRECTORS, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LEASERS OF PREMISES FROM ANY AND ALL LIABILITY TO EACH OF THE UNDERSIGNED, HIS OR HER HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES, MEDICAL BILLS, LOSSES OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF 806 FIT OR OTHERWISE. 

TEXAS NOTICE TO CONSUMERS? 

1.?DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. 

2.?IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:?601 FM 2590, CANYON, TX 79015. 

3.?IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: 

????????????(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR?DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO?THE HEALTH SPA AT THE FOLLOWING ADDRESS:?601 FM 2590, CANYON, TX 79015?AND 

????????????(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER?SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM?AGAINST THE SECURITY PROVIDEACOPY OF YOUR CONTRACT TOGETHER WITH PROOF OF?PAYMENTS?MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM?INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY?AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARYOF?STATE`S INTERNET WEBSITE. 

4.?IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:?601 FM 2590, CANYON, TX 79015. 

5.IF THE HEALTH SPA DOES NOT OPEN BEFORE MARCH 1, 2018 OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR THIRTY DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY 806 FIT, LLC IS LOCATED WITHIN 10 MILES OF?601 FM 2590, CANYON, TX 79015?AND IF YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT FULLY OPEN FOR BUSINESS BEFORE APRIL 1, 2019 OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR 30 DAYS. 

MEMBERSHIP TERMS, CONDITIONS, & AGREEMENTS  

Terms, Conditions, and agreements are entered into between 806 Fit, LLC, herein after referred to as “806 Fit”, and the undersigned applicant(s) or “Member”. All conditions, terms, agreements, rules, and policies contained here or adopted later by 806 Fit will be considered part of this Membership Contract and will govern the rights and responsibilities of Members and guests. This contract is governed by Texas law and venue is proper in Randall County Texas. 

806 Fit designed the Membership Policies “Policies” and the Club Rules “Rules” to ensure a safer and more enjoyable environment. The following Policies and Rules are for any Member or Guest of 806 Fit. Please be thoughtful and observe the Policies and Rules that you, all members, and guests have agreed to follow. 806 Fit may, in its sole discretion, modify the Membership Terms, Conditions, Rules, and Policies including but not limited to those outlined in this contract without notice at any time. It is your responsibility to know and follow the most current Terms, Conditions, Policies and Rules. All approved signs posted in a club or on the premises shall be considered a part of the Policies and Rules of 806 Fit. The following Conditions, Terms, Agreements, Polices and Rules replace all previous Conditions, Terms, Agreements, Policies, and Rules. If there is any conflict between these Policies and Rules and the posted Policies and Rules, these Policies and Rules apply.  

MEMBERSHIP TERMS AND CONDITIONS 

APPROVAL. Persons must be 18 years or older to purchase a membership. 

RIGHTS. I do hereby join 806 Fit at the facility specified and such membership is for the access and use of the general facilities of 806 Fit only in accordance with the Terms and Conditions. I understand that membership does not permit management, proprietary, or governing rights over 806 Fit. Fees for my membership are listed on the contract. Membership fee does not include fees for additional services available at 806 Fit (including but not limited to designated classes, events, personal training, and merchandise). Memberships cannot be shared or transferred.  

RENEWAL. I understand that this membership and/or changes of any kind are automatically renewed month to month after thirty (30) day initial term until the membership agreement has been cancelled in writing by me (See Cancellation by Member).  

MEMBERSHIP FREEZE. Membership can be placed on a freeze for a minimum of 1 month and maximum of 3 months due to a.) medical reasons, b.)  military deployment, or c.) out of area training or relocation more than 50 miles away. Freeze for greater than 3 months must be approved by management. No guarantee of freeze longer than 3 months is understood by member. At the end of the freeze date, membership is automatically reactivated and billing resumes. Membership Contract can only be placed on freeze by signing the Membership Freeze Form at the club location; never by verbal instruction.  

CANCELLATION BY MEMBER. I acknowledge and agree that this Membership Contract can only be terminated by providing written notice of cancellation. Membership cannot be cancelled verbally, by phone, text message, email, or fax. Member must provide cancellation notice at the facility by completing and signing a Cancellation Form. The membership will terminate on the last day of the month in which written notice is given to 806 Fit. Any unused days remaining on membership term will not be reimbursed. The Cancellation Policy above does not apply if the member cancels according to their statutory rights from the Health Spa Act (For details, see Texas Notice to Consumers below). Cancellation of a Couple or Family Membership will also cancel memberships for any subaccount members unless otherwise indicated. Member will have 60 days from cancellation date to re-join 806 Fit without being subject to enrollment fees. 

TERMINATION BY 806 FIT. I acknowledge and agree that 806 Fit may terminate my membership at any time and without notice if 806 Fit Rules, Polices, Terms and/or Conditions are violated by me, anyone covered under my membership, or by my guest. In such an event, I will not be entitled to a refund of any prepaid dues or fees.  

MEMBERSHIP TYPES 

SINGLE MEMBERSHIP. A Single Membership is limited to one person. Proof of age may be required. A single member under 18 years of age is required to have a parent/guardian co-signor. One key fob will be issued for a Single Membership. 

COUPLE MEMBERSHIP. A Couple Membershipis limited to two people being billed to one account. Proof of age may be required and any minors will require a parent/guardian co-signer. Two key fobs will be issued for a Couple Membership. 

FAMILY MEMBERSHIP.A Family Membershipis limited to two adults 18 years of age or older and up to 3 children, being billed to one account. Children must be immediate family ages 15-17 and will require a parent or guardian co-signature. Proof of age and familial relationship and/or cohabitation may be required for eligibility. Children who are members under a Family Membership will be required to purchase a Single Membership upon their 18th birthday. Up to 5 key fobs will be issued for a Family Membership.  

MEMBERSHIP POLICES AND CLUB RULES 

COMPLIANCE. At all times while using 806 Fit facilities, members and guests shall comply with all of the terms and provisions of the Membership Contract and the rules, policies, and conditions regarding the use of 806 Fit facilities. The polices and rules outlined herein are not exhaustive and 806 Fit reserves the right to add or amend rules and policies at any time. In the event Member fails to comply, 806 Fit may suspend or terminate rights to use 806 Fit facilities without reimbursement for any amount of membership fees or dues, which were prepaid and member will be responsible for any and all remaining financial obligations of this agreement.  

MINORS. Members under the age of 18 are eligible to use the 806 Fit facilities. Minors ages 15-17 only are permitted in the facility under specific conditions. Minors ages 15-17 are permitted to use the facility without a parent present from 5am-9pm. Minors ages 15-17 may use the facility outside of the designated hours of 5am-9am if a parent is present the entire time. Any parent present must also hold a membership. Under no circumstances are minors under the age of 15permitted to be in the facilities of 806 Fit.Upon joining, the parent/legal guardian must co-sign for the financial responsibility of the minor account and sign a waiver, release of liability and indemnity. The parent/legal guardian whom co-signs is fully responsible for any fees owed to 806 Fit. If for any reason the minor’s account needs to be closed prior to completion, the parent/legal guardian is responsible for paying any/all fees owed to 806 Fit and completing the cancellation process. If the account is sent to collections at any time, the parent/legal guardian whom co- signed for the contract will be held accountable for any/all fees due to 806 Fit.  

PAYMENT FAILURE. In the event a member fails to pay any amount due 806 Fit under the terms and conditions of this Membership Contract, 806 Fit may suspend rights to use 806 Fit facilities until the defaulted amount is cured and 806 Fit may require members to pay the entire unpaid balance owed to 806 Fit and their reasonable attorney fees and costs to collect payment due.  

CORRESPONDENCE.  All notices to member shall be sent to the email and/or physical mailing address provided by member. Member agrees to keep a current mailing and/or email address on file with 806 Fit. 806 Fit is not responsible for unreceived notices sent to addresses provided by me. All notices to 806 Fit shall be sent by certified mail, return receipt requested to 806 Fit, 601 FM 2590, Canyon, TX 79015.  

HOURS OF OPERATION. 806 Fit is accessible to members 24/7 unless special and unforeseen circumstances arise causing closure. 806 Fit has limited staffed business hours which will be posted or identified. 806 Fit reserves the right to change staffed business hours at any time. 806 Fit reserves the right to change member access hours in the event of an emergency or when maintenance is deemed necessary. Members will not be reimbursed when member hours are temporarily changed. It is the responsibility of members and guests to know staffed business hours and comply to rules pertaining to permitted and unpermitted activities and use before, during, and after said hours.  

SURVEILLANCE CAMERAS. I agree to 24-hour surveillance while on the 806 Fit premises. 

UNPERMITTED AREAS. Unpermitted areas are those in which members and guests are restricted from entering. These include any area identified as an Employee Only area, such as offices, area beyond front desk, mechanical rooms, storage closets/rooms, and custodian’s closet.  These areas are monitored by surveillance 24 hours a day. Any member found in an unpermitted area may be subject to termination of membership without refund with any remaining balance due and payable to 806 Fit. 

PERSONAL ACCESS KEY FOB USE. Personal accesskey fobs (key fob) are required for member entry into 806 Fit and are issued to Members only. See MEMBERSHIP TYPES for information pertaining to the number of key fobs issued for Single, Couple, and Family Memberships. See REPLACMENT KEY FOB FEE and FINE FOR UNAUTHORIZED USE OF KEY FOB under DUES, FEES, AND CHARGES AGREEMENT. 

MEMBER CHECK-IN. MEMBER CHECK-IN IS REQUIRED FOR EVERY AND ALL MEMBERS AT ALL TIMES (BEFORE, DURING, AND AFTER POSTED BUSINESS HOURS). Before entering building during unstaffed hours, members will check-in by swiping their personal issued key fob at the door-strike. The door-strike is located at front entrance of the outside of the building. Members are required to check-in at the front desk during staffed office ours. Members are required to have their key fob in their possession during each visit to 806 Fit. Member shall display key fob upon request of 806 Fit staff. Any member not in possession of their key may be required to leave 806 Fit facilities. Member check-in is monitored by 24-hour surveillance.  

GUESTS. Guests are welcomed during staffed business hours. NO GUESTS UNDER THE AGE OF 18 WILL BE PERMITTED ON THE PREMISES OF 806 FIT UNLESS ACCOMPANIED BY PARENT/GUARDIAN OR AN 806 FIT TRAINER AT ALL TIMES WITH PARENT/GUARDIAN CONSENT. Guests shall announce themselves to 806 Fit staff upon entering 806 Fit, sign in, and purchase a Guest Pass. Members shall not bring unauthorized or unregistered guests into 806 Fit or bring Guests into 806 Fit before or after posted staffed business hours. If a member brings in an unauthorized guest, the member is subject to a $25 fine per occurrence and/or membership termination without refund. Traffic is monitored 24 hours a day by surveillance. All guests are required to abide by the rules, policies and regulations regarding the use of 806 Fit facilities. Guests are never permitted to enter 806 Fit by using the key fob of an 806 Fit member or pose as an 806 Fit member to gain entrance. Members loaning key fobs to guests may be subject to a fine of $25 per occurrence and/or membership termination. 

PERSONAL BUSINESS. Members and guests shall not engage in or conduct any type of commercial or personal business activity while on 806 Fit premises and member and guests shall not act as trainers, coaches or instructors for other members or guests, without prior approval by 806 Fit management.  

DRESS CODE. Members and guests shall comply with 806 Fit dress codes for all activities in the facility. Appropriate attire (clothing and footwear) is required in facility at all times. SHIRTS AT ALL TIMES. Attire determined as inappropriate according to 806 Fit standards may be prohibited. Member shall provide own personal athletic equipment and clothing. 

PERSONAL ITEMS.  Members are urged not to bring valuables to 806 Fit. 806 Fit is not responsible or liable for loss, theft, or damage to the personal property of member on the 806 Fit premises. 806 Fit may prohibit the use of any equipment brought in by members or guests that is determined to be dangerous or potentially dangerous.  

LOCKERS. Lockers are available to members for day use only on a first-come-first-serve basis. Member is required to remove all personal items from locker before leaving facility on the same day and leave locker un-locked. 806 Fit is not responsible to damage, loss, or theft of member’s personal property stored in lockers. If lockers are occupied overnight, lockers will be opened and any contents removed by 806 Fit staff will be kept for a claim period of 72 hours after which time, 806 Fit will discard any unclaimed items.   

DRUGS AND ALCOHOL. 806 Fit prohibits the possession, sale, and use of illegal drugs, steroids, or alcohol on 806 Fit premises. I recognize and acknowledge there are serious criminal and civil penalties for the illegal possession, sale, use, trading or exchange of drugs and no such activity is allowed upon 806 Fit premises at any time. Smoking is not permitted.  

CONDUCT. While on the 806 Fit premises, Members and guests shall not use loud or profane language, use aggressive behavior, molest, badger, assault or harass other 806 Fit members, guests or employees in any way or they will face suspension of membership privileges, and/or appropriate legal action.  

CHILD CARE. 806 Fit does not offer child care services and will not provide child supervision of any kind. Children under the age of 15 are not permitted in the facility at any time. Children are not permitted to be left unattended in the 806 Fit front lobby area or any other area of the facility. 

FOOD AND DRINKS. Water only permitted in plastic bottles. No glass containers. Food must be consumed on the lobby area.  

EQUIPMENT. Return and rack weights and equipment when finished. Wipe off equipment when finished. Do not drop or slam weights. Do not monopolize equipment and allow others to share equipment.  Keep hands, feet, other body parts away from all moving parts and weight stacks. Do not attempt to repair or adjust any equipment that has malfunctioned. Report any equipment problems immediately to staff. 

GROUP CLASSES. Select classes are free of charge. Class schedules are subject to change without notice. Spots for classes are limited, are accessible on a first come first serve basis, and spots may not be reserved/held. 806 Fit reserves the right to refuse access to members and guests for reasons including but not limited to: capacity, payment, conduct, and/or dress code

PERSONAL TRAINING. Personal training availability is limited and is accessible on a first come first serve basis, and spots may not be reserved/held. Personal training is not included with membership. 806 Fit personal trainers set their availability, therefore; all scheduling shall be coordinated directly with them. Guests do not have access to personal training. 806 Fit reserves the right to refuse access to members for reasons including but not limited to: capacity, payment, conduct, and/or dress code. Fees for personal training are to be paid directly to 806 Fit at the time services are rendered.  Personal training packages are to be paid prior to start date and must be redeemed within 12 months of purchase. All or part of personal training monthly packages are not refundable if any sessions are missed due to member’s absence. Member will be billed for a scheduled session if notice of cancellation is not provided 24 hours prior to session.

SMALL GROUP TRAINING. Small group training availability is limited and is accessible on a first come first serve basis, and spots may not be reserved/held.  Small group training is not included with membership. Fees for small group training are to be paid directly to 806 Fit prior to start date. All or part of small group training packages are not refundable if any sessions are missed due to member’s absence. Guests do not have access to small group training. 806 Fit reserves the right to refuse access to members for reasons including but not limited to: capacity, payment, conduct, and/or dress code.

PILATES. Pilates availability is limited and is accessible on a first come first serve basis, and spots may not be reserved/held.  Pilates is not included with membership. Fees for Pilates are to be paid directly to 806 Fit prior to start date. All or part of Pilates packages are not refundable if any sessions are missed due to member’s absence. Guests do not have access to Pilates classes/instruction. The Pilates studio is only accessible to members who have paid for instruction and under the supervision of a designated instructor. 806 Fit reserves the right to refuse access to members for reasons including but not limited to: capacity, payment, conduct, and/or dress code.

FORCE MAJEURE EVENTS. Failure of either party to perform its obligations under this Membership Contract (except the obligation to make payments) shall not subject such non-performing party to any liability to the other if such failure is caused by acts including, but not limited to, acts of God, fire, explosion, flood, drought, war, disease, pandemic, quarantine, riot, sabotage, embargo, strikes or other labor trouble, compliance with any order or regulation of any government entity, or by any cause beyond the reasonable control of the non-performing party (a “Force Majeure Event”), provided that written notice of such event is promptly given to the other party. Such non-performance will be excused for as long as such Force Majeure Event shall continue. Should 806 Fit be unable to remain open to Members for more than 7 consecutive days as a result of a Force Majeure Event, Member will be entitled to an abatement of monthly membership dues for the number of days that such closure continues past the 7th day of such closure. Member will receive no abatement of monthly membership dues for such closures lasting less than 7 consecutive days. During a Force Majeure Event, memberships will be placed on a hold status for the duration of the closure and requests for account changes and cancellations cannot be submitted until the facility reopens. Requests for account changes or cancellation submitted prior to the beginning of a Force Majeure Event will be processed according to the timeline outlined at the date of submission and refunds will not be issued for any unused days.