Member registration

Until you cancel your membership, you are responsible for all payments, regardless of gym usage. A $10.00 decline fee will be added to each month that we are unable to receive funds via EFT.

PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE FORFEITING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FITNESS PROVIDER FOR INJURIES OR DAMAGES.
1. ASSUMPTION OF INHERENT RISK
I, the undersigned member, understand and acknowledge that participation in physical exercise, fitness programs, and the use of strength, cardiovascular, and conditioning equipment involves inherent risks of physical injury, illness, permanent disability, or death. These risks include, but are not limited to: musculoskeletal strains, fractures, tears, joint injuries, cardiovascular events (heart attacks, strokes, arrhythmias), dehydration, overexertion, slips, trips, falls, equipment malfunctions or failures, injuries sustained in the sauna facilities, and injuries resulting from the actions or conduct of other members or third parties within the facility. I explicitly understand that these risks exist regardless of whether the facility is staffed or unstaffed. I voluntarily, knowingly, and freely assume all risks associated with my use of the facility and participation in fitness services.
2. MEDICAL REPRESENTATION
I represent and warrant that I am in good physical condition and have no known medical conditions, impairments, or illnesses that would limit or prevent my safe participation in physical exercise or use of the facility's equipment. I acknowledge that it is my sole responsibility to consult with a physician prior to engaging in any physical fitness regimen or using the facility.
3. COMPREHENSIVE RELEASE OF LIABILITY (ORDINARY NEGLIGENCE)
In consideration for being granted access to the facility and equipment, I, on behalf of myself, my heirs, executors, administrators, personal representatives, and assigns, hereby permanently and irrevocably RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE The Other Body Shop Kentwood LLC, its parent companies, affiliates, subsidiaries, owners, officers, directors, managers, employees, agents, and independent contractors (collectively referred to as the "Fitness Provider") from any and all liability, claims, demands, actions, or causes of action arising out of any loss, damage, personal injury, illness, property damage, theft, or wrongful death that may occur during or after my use of the facilities, regardless of whether such occurrences take place during staffed or unstaffed hours. This release explicitly applies to any damages or injuries caused in whole or in part by the ORDINARY NEGLIGENCE or omission of the Fitness Provider, including but not limited to faulty equipment design, improper equipment maintenance, negligent facility upkeep, slick or wet surfaces, or negligent supervision.
4. PERSONAL PROPERTY DISCLAIMER
I explicitly agree that the Fitness Provider shall not be held liable, responsible, or accountable for any loss, theft, damage, or destruction of personal property belonging to me or my guests. This includes items placed in lockers, left on the gym floor, or stored inside vehicles parked within the facility’s parking areas. I bring personal belongings onto the premises entirely at my own risk.
5. UNAUTHORIZED ENTRY AND TRESPASSER LIABILITY EXCLUSION
The facility strictly prohibits unauthorized entry to ensure the safety of its community. If anyone, whether intentionally, carelessly, or indirectly (including but not limited to holding a door open, tailgating, letting someone use an access card, or failing to secure an entrance), permits a non-member or unauthorized individual to gain entry into the facility, The Other Body Shop Kentwood LLC takes absolutely no responsibility and assumes zero legal or financial liability for that non-member. Any such unauthorized individual enters the premises unlawfully as a trespasser and does so entirely at their own peril. Furthermore, the person who facilitated or permitted the unauthorized entry (directly or indirectly) agrees to fully defend, indemnify, and hold harmless the Fitness Provider against any and all legal claims, damages, lawsuits, or expenses arising from the trespasser's presence, conduct, or injury.
6. THIRD-PARTY INDEMNIFICATION
I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Fitness Provider and its affiliates against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities (including reasonable attorneys' fees and legal costs) brought against them by any third party, other members, or guests resulting from or arising out of my actions, conduct, misconduct, or negligence while utilizing the gym facility.
7. PHOTO AND MEDIA RELEASE
I hereby grant the Fitness Provider the absolute, unrestricted right and permission to copyright, use, re-use, publish, and republish photographic portraits, digital images, or video recordings taken of me on the gym floor or within designated exercise spaces for marketing, promotional, educational, or commercial purposes across print and digital media channels. I waive any right to inspect or approve the finished product or any advertising copy, and I acknowledge that I am not entitled to financial compensation for the use of these images.
8. GOVERNING LAW, JURISDICTION, AND SEVERABILITY
● Governing Law: This agreement and waiver shall be governed by, construed, and enforced strictly in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law principles.
● Jurisdiction: Each party irrevocably and unconditionally submits to the exclusive jurisdiction and venue of the federal and state courts located within Kent County, Michigan, for any legal action, suit, or proceeding arising out of or related to this agreement.
● Severability: If any individual provision, clause, or section of this agreement is found by a court of competent jurisdiction to be invalid, illegal, or legally unenforceable, such determination shall not affect or invalidate the remaining portions of this contract. The remaining terms shall continue in full force and effect as if the invalid portion had been completely severed.

1. 24/7 ACCESS, RECIPROCAL PRIVILEGES, & MULTI-LOCATION RULE COMPLIANCE
● Facility Access: The Other Body Shop provides authorized members with twenty-four hour (24/7), seven-days-a-week electronic keycard access to the fitness center facility. Access includes the unlimited, non-exclusive use of strength, weight lifting, and cardiovascular equipment on the main gym floor, restrooms, and specified areas of use. The facility is intended exclusively for purposeful physical exercise.
● Multi-Location Rule Compliance: While a membership may grant reciprocal access privileges to other affiliated locations operating under "The Other Body Shop" brand name, the member acknowledges and agrees that each individual location may maintain different specific rules, dress codes, operational policies, and codes of conduct. * Member Responsibility: If a member joins one location (e.g., Grand Rapids) and chooses to utilize an affiliated location (e.g., Middleville), it is the sole responsibility of the member to know, understand, and strictly follow the rules of the specific physical location they are using at that time. Failure to abide by the localized house rules of any visited facility constitutes a direct violation of this Agreement and may result in immediate termination of the membership across all locations.
2. BILLING, FEES, AND AUTOMATED PAYMENT TERMS
● Monthly Recurring Dues: The member agrees to pay a recurring monthly fee in exchange for ongoing facility access. Memberships remain active and will automatically rebill every month until formally canceled by the account holder in accordance with the cancellation policy below.
● Rate Adjustments: Monthly dues are subject to adjustment by management. The Other Body Shop will provide available resources and advance notification to members prior to any rate changes affecting active monthly billing.
● Payment Processing Fees: Transactions processed via credit card or debit card are subject to a mandatory 4% processing fee. Transactions processed via ACH (direct bank routing and account number authorization) will incur $0.00 in extra transaction fees for regular monthly dues.
● Declined/Overdue Fees: It is the sole responsibility of the member to ensure adequate funds are available in their designated account prior to the 1st of each calendar month. If a monthly dues payment is declined, the following late fees apply automatically:
○ Declined Credit or Debit Cards: Assessed a $10.00 late fee.
○ Declined Bank Charges (ACH): Assessed a $20.00 late fee.
● Immediate Access Suspension & Cancellation: The gym reserves the right to deactivate a member's electronic keycard access immediately following a declined monthly dues payment. The member has until the 5th day of the following calendar month to settle all outstanding balances and late fees to restore access. If the balance remains unpaid past the 5th day of the following month, management reserves the right to cancel the membership account.
● Accountability for Outstanding Balances: Once a membership has been cancelled or terminated (whether by the member or by management), the member remains fully responsible for any and all outstanding balances, late fees, or accumulated amounts, regardless of whether the member physically utilized the gym facility or not during that time.
● Re-Activation Fee: Any individual seeking to reinstate a membership or rejoin the facility following an account cancellation for non-payment must pay a mandatory $15.00 re-activation fee.
3. CANCELLATION POLICY
● Hassle-Free, At-Any-Time Cancellation: Members may cancel their membership at any time with no advance notice period or 30-day waiting hassle, subject to the timing and staff requirements below.
● Cancellation Requirements & Staff Hours: Cancellations can only be completed and processed during posted staff hours. To successfully process a cancellation and halt future automatic monthly billing, the member must fulfill two mandatory requirements directly with a staff member during those hours:
○ Return the Access Card: The member must physically return their electronic access card/key fob to the facility (either handed directly to a staff member in person or received via mail during staff hours).
○ Provide Notice: The member must provide explicit verbal or written notice of their intent to cancel directly to a staff member.
● Billing Cycle Deadline: Members must completely finalize their cancellation before the next billing cycle initiates on the 1st of each calendar month to avoid being billed for that next cycle. Because cancellations cannot be completed outside of staff hours or during unstaffed hours, timing is critical.
○ Example: If a member attempts to cancel on a Sunday that happens to be the last day of the month when the facility is unstaffed, the cancellation cannot be processed until the next scheduled staff shift. Consequently, the billing cycle will initiate, and the member will be billed for the next month.
● MICHIGAN STATUTORY 3-DAY RIGHT TO CANCEL: Notice of Cancellation under the Michigan Health Club Act: You may cancel this agreement without any penalty or further obligation by delivering or mailing written notice to the health club at the address specified above before midnight of the third business day after the date of signing this contract. You will receive a full refund of any initiation or upfront payments made within this window.
4. 24/7 UNSTAFFED FACILITY & SECURITY SURVEILLANCE ACKNOWLEDGMENT
● Unsupervised Operations: The member acknowledges that The Other Body Shop operates as a 24/7 fitness facility and is entirely unstaffed during specific, non-peak hours. The member explicitly understands that during unstaffed hours, there are no employees present to monitor equipment use, provide medical assistance, or respond to emergencies. Exercising during unstaffed hours carries an elevated risk of injury or death, which the member voluntarily assumes.
● Continuous CCTV Monitoring: For safety, asset protection, and rule compliance, the facility is equipped with 24/7 closed-circuit television (CCTV) security cameras recording video continuously. By signing below, the member grants explicit, irrevocable consent to being monitored and recorded on video at all times while inside public spaces within the facility.
5. RIGHT TO REFUSE SERVICE & AT-WILL TERMINATION BY STAFF
To maintain a premier, safe, and focused training environment, The Other Body Shop operates under a strict policy regarding facility culture and member conduct:
● Staff Authority to Terminate: The Other Body Shop reserves the absolute right to refuse service to anyone and terminate the membership of any individual at any time, for any reason, at the sole discretion of any staff member.
● Environment and Member Satisfaction: If any staff member determines that a person does not fit the desired environment of the facility, or in any way degrades the level of satisfaction, comfort, safety, or focus of other gym members, the gym reserves the right to immediately cancel their membership and permanently ban them from entering the premises.
● No Refunds: In the event of a membership cancellation or ban executed by a staff member under this section, no refunds will be issued for any portion of paid monthly dues, registration fees, or processing fees.
SPECIFIC RULES OF CONDUCT & ENFORCEMENT EXAMPLES
While any staff member may terminate a membership for any reason to preserve the training environment, the following non-exhaustive infractions outline standard baseline expectations:
Immediate Termination Infractions:
1. Property Damage: Intentional destruction, vandalism, or unauthorized modification of gym equipment, electronics, or facility assets.
2. Abusive Behavior: Intentional disrespect, verbal abuse, harassment, threats, or physical altercation directed toward any other gym member, guest, or staff member.
3. Locker Room Privacy: Entering a locker room designated for the opposite biological sex.
4. Restricted Areas: Entering behind the front service desk, office spaces, or back facility utility rooms without explicit, real-time permission from a staff member.
5. Keycard Sharing & Tailgating: Sharing an electronic access card, key fob, or code with another individual, or intentionally/indirectly opening the door to allow non-members or unauthorized guests to enter the facility during unstaffed hours. This is considered theft of services and a critical security breach; it results in immediate contract termination, a mandatory $50 fine, and triggers full member liability for the unauthorized individual (as detailed in the liability waiver below).
6. Improper Space Utilization: Using any portion of the facility for purposes completely unrelated to exercise or its specific design intent—including but not limited to sleeping, wrestling, unauthorized social gatherings, or loitering/occupying a single training area for more than 30 consecutive minutes. Employees are authorized to issue an immediate notice of infraction, and refusal to comply will result in immediate termination.
Three-Strike Etiquette Infractions: Violations of standard training etiquette generally follow a three-strike enforcement policy (Warning, Daily Suspension, Permanent Termination), though any staff member reserves the right to escalate directly to termination if a member degrades the environment:
1. Audio Policy: Playing music aloud via speakers, phones, or external devices. Members must wear personal headphones or listen exclusively to the facility's ambient music system.
2. Equipment Abuse: Intentionally slamming weight stacks, dropping free weights recklessly, or abusing fitness machines.
3. Disruptive Noise: Excessive yelling, screaming, or vocal disruptions on the gym floor.
4. Dress Code: Shirts must remain fully on and worn across the main gym floor at all times, with the sole exception of brief physical posing inside the designated exercise room.
5. Unauthorized Guests: Bringing outside guests into the facility without ensuring they formally sign in at the front desk and pay the required $15.00 guest fee for each individual visit. Be advised that any person who signs the facility's guest sign-in sheet (whether physical or digital) explicitly acknowledges and agrees to all terms, conditions, rules, and liability waivers set forth in this entire Agreement.
6. Facility Upkeep: Failure to re-rack weights, return training equipment to its correct storage location, or properly discard empty bottles, wrappers, and trash into designated receptacles upon completion of a workout. Failure to comply with this rule will result in a $50 fee for the member.

By signing below, or electronically, I certify that I have read this document in its entirety, fully understand its terms, and recognize that I am signing a legally binding contract. I explicitly understand that by signing this document, I am giving up substantial legal rights, including the right to recover damages for injuries or losses caused by the ordinary negligence of the Fitness Provider