Member registration

Clients electing the monthly membership option will be automatically billed every thirty (30) days on the fifteenth (15th) day of each month starting on the date this Agreement is signed.  All debit/credit card transactions incur a 3.99% convenience fee.   Client is not entitled to any refunds or credits for any unused portion of this Agreement unless otherwise provided for by this Agreement or by law.

Client may cancel this Agreement at any time by filling out and signing a form provided at the front desk, and/or sending an email to the email address listed above.  Cancellations will take effect at the end of the current billing period.  Client will retain access to the service until that time, and no further charges will be incurred after the billing cycle ends.  Activity center will offer no partial refunds for billing periods that have already begun.  It is the client’s responsibility to cancel prior to the next billing date to avoid further charges.  Please note that the 12^th of the month (during normal business hours) is the last day that a cancellation can be taken before the 15^th billing date.  Activity Center is not responsible for any lost or misdirected emails.

Client represents and warrants that if Client is purchasing something or paying for a service from this Activity Center that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees (3.99% for credit/debit cards), and penalties.  A $15.00 fee will be assessed for insufficient funds errors, an interruption of payment, or a change in credit card information without notice as required in this Section, paragraph 3.

Client hereby authorizes (if online payment is made or autopay information is provided) this Activity Center to charge Client’s ACH draft, credit card, or debit card account for the following amounts:  (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Activity Center provides that Client instructs Activity Center to bill to Client’s account on file.

Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Activity Center written notice of termination in accordance with this Agreement.  Client agrees to give Activity Center notice if Client’s billing or Account information changes.  If Client decides to change Client’s billing information, a 15-day notice is required.

RED IRON FOUNDATION

d/b/a RED IRON ACTIVITY CENTER

650 S. EAST AVE

COLUMBUS, KS 66725

858-549-3456

WAIVER OF LIABILITY

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

FOR THE PURPOSES OF THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, ‘I’, ‘ME’, OR ‘MY’ REFERS TO THE UNDERSIGNED INDIVIDUAL AND, WHERE APPLICABLE, ANY MINOR(S) FOR WHOM I AM THE PARENT &/OR LEGAL GUARDIAN AND WHOM I AM AUTHORIZED TO REPRESENT.

RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY PROGRAM WITH YOUR PHYSICIAN. THE PROTOCOLS OF THIS PROGRAM WILL INVOLVE YOU IN RELATIVELY HIGH INTENSITY WORKOUTS OR INTENSE BODYWORK AND IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING:

ACKNOWLEDGEMENT OF DANGER:  I will be participating in physical training sessions (1-on-1, semi private, and/or group training), group exercise classes, sports leagues, dance/recreation classes, and/or utilizing the activity center in an unsupervised capacity for exercise, sports, recreation, and fitness, upon the terms and conditions of this Agreement and/or those provided for in the Premises at RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER (collectively known as “Services”). I am fully aware that these Services are of a nature and kind that are extremely strenuous. I recognize and understand these Services are not without varying degrees of risk, which may include, but are not limited to the following: (1) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury, and injury to my fetus (if pregnant); (2) exposure to, and sickness from, infections viruses, bacteria and disease, including but not limited to, COVID-19; and (3) property damage.  

ACCEPTANCE OF RESPONSIBILITY:  I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in any Services in and surrounding the location listed above (known hereinafter as the “Premises”), and accept full responsibility for any all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Services whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Premises.

ASSUMPTION OF RISK:  Understanding, acknowledging, and accepting all the risks and hazards involved with the Services, I freely and voluntarily choose to participate, enter, and use the Premises, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE SERVICES, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER, ITS OWNERS, AGENTS, OFFICERS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND VOLUNTEERS (THE “RELEASED PARTIES”), OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SERVICES OR FROM OR USING OR VISITING THE PREMISES.  I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Premises, and property we have brought to the Premises, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the Services or using the Premises, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Premises and participating in the Services.

PHYSICAL CONTACT ACKNOWLEDGEMENT:  I understand that the Services may involve physical contact between myself, other participants, and the Released Parties.  I give permission to be touched in a professional manner by those representing RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER and recognize that they will have direct contact with me.  I acknowledge that it is my responsibility to notify RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER if I am uncomfortable with this physical contact and will work with RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER to determine how I may continue to participate in the Services with no contact.

AUTHORIZATION TO CONTACT: By providing my phone number or email address, I authorize the operator of this facility or its affiliates to contact me regarding promotions or special events, regardless of whether I am on a Do Not Call Registry.

PUBLICITY RELEASE: For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably grant to RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER, the irrevocable, perpetual and unrestricted (except as expressly set forth below) right and permission, to use and publish my appearance (“publicity rights”) in any and all media now or hereafter known in connection with RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER, the Services, including any goods or products, or any related activities to any of the foregoing (all such medium in which the Publicity Rights are used shall be referred to as the “pictures”), for any commercial purpose whatsoever, without royalty, payment, or any other compensation whatsoever to me. For such use of the Publicity Rights and the Pictures, I understand and agree that I will not be entitled to any compensation or consideration beyond my participation in the Services. I further agree that RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that I shall have no, and hereby expressly disclaim, any ownership, authorship or moral rights in the Pictures or any part thereof.

CLOSED-CIRCUIT VIDEO SURVEILLANCE:  I recognize the need for closed-circuit video surveillance on and about Premises for security and productivity purposes.  I recognize and agree that it is a condition of participation at RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER that I freely execute and agree to this closed-circuit video surveillance, included being personally recorded pursuant to said closed-circuit video surveillance.  I agree that the Released Parties may use any taping of my image, voice or appearance at any time pursuant to said closed-circuit video surveillance at its discretion in the ordinary course of its operations. 

AUDIO/VISUAL PUBLICITY WAIVER: I agree to indemnify and hold harmless the Released Parties, its agents, successors, and assigns, from any and all claims, demands, actions or causes of action, liabilities, costs, dues, sanctions, fees, penalties, or expenses of any sort arising from the making of such recordings of me and their lawful and appropriate use. I further acknowledge that RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER exclusively owns all rights to these recordings regardless of the form in which they are produced or used.

COPYRIGHTS:  The rights granted to the Released Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and extensions thereof.  I acknowledge and agree that all copyrights and right of every other kind relating or pertaining to the Pictures described above are the sole property of RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER and I have no claim to the copyrights (or any other intellectual property rights) in the Pictures.

SERVICE ANIMAL:  I understand that only dogs trained as service animals, within the definition of the Americans with Disabilities Act or Assistance Dogs as defined in the Kansas White Cane Law, to perform tasks or work for a person with a disability are permitted at RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER. 

Service animals must be well-behaved and under control at all times.  If the service animal is not under control, or behaving inappropriately, I understand that RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER may ask me to leave.  Inappropriate behavior includes showing aggression, being disruptive, or not being housebroken.  I understand that if the presence of the service animal poses a direct threat to the health or safety of others that cannot be mitigated, I may be asked to remove the service animal from the premises.  I shall be liable for any damage or injury to any person or property caused by such animal as a result of my negligence or failure to control or properly handle the service animal. I will indemnify, defend, and hold harmless the Released Parties for any damages, loss, expenses, attorneys` fees, costs, judgments or liability which might accrue as the case may be, because of my negligence or failure to control or properly handle the service animal.

WAIVER:  In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the Services, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SERVICES AND/OR USE OF THE PREMISES OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

CONSENT TO MEDICAL TREATMENT: I understand that the Services that take place on the Premises may not be supervised and that RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER does not provide medical services.  I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death.  In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence at RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER, I authorize and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the Released Parties.  I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.  I further authorize the Released Parties to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF.  I expressly acknowledge that if RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER is located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me.  I shall be responsible for all costs associated with such medical care and related transportation.

PERSONAL PROPERTY:  I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the Premises, and that the Released Parties cannot guarantee the security or safety of my property. Should I leave any property at the Premises or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.

INDEMNIFICATION:  I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR PREMISES RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE PREMISES, OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE SERVICES.

COVENANT NOT TO SUE:  I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.

GOVERNING LAW AND VENUE: This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Kansas, without giving effect to the principles of conflicts of law. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in Kansas, Cherokee County.

I have fully read and fully understand the foregoing assumption of risk, and release of liability, and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. I have been provided an opportunity to ask an attorney questions regarding this form and any fitness related program, as well as questions for clarity. By signing, I am verifying that I have received adequate and sufficient answers to all of my questions.

RED IRON FOUNDATION

d/b/a RED IRON ACTIVITY CENTER

605 S. EAST AVE

COLUMBUS, KS 66725

620-429-4766

[email protected]

Membership Agreement

            Agreement made on this date between RED IRON FOUNDATION, D/B/A RED IRON ACTIVITY CENTER, a 501(c)(3) non-profit, organized and existing under the laws of the state of Kansas, located at 605 S. East Ave, Columbus, KS, 66725, referred to herein as the Activity Center, and the individual signing this Agreement electronically, hereinafter called Client.

            Client refers to the undersigned individual, and where applicable, any minor(s) for whom the client is the parent &/or legal guardian and is authorized to represent.

            Whereas Client desires to become a client of the Activity Center and cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement.

            Whereas, the Activity Center provides access to physical training through open gym access to various exercise and fitness equipment, group exercise classes, personal training services, dance and recreation classes, sports training, and leagues.  All services are intended to improve the health and wellness of Client;

            Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1.         MEMBERSHIP FEES, TERM, CANCELLATION,  AND RATE INCREASES

            All Membership options are listed below and include facility access and usage.  Leagues, Group Training and Exercise Classes, Personal Training, Workshops, and other special events and services are available for an extra fee.  See the front desk for the pricing of these various activities and services.  Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice.  All debit/credit card transactions incur a 3.99% convenience fee.  At the present time, membership options and base fees are as follows, applicable taxes and fees are added at checkout and on the monthly billing date:

1.  Student = $15/mo or 165/yr
2. Senior Single = $15/mo or 165/yr
3. Senior Couple- $25/mo or $275/yr
4. Single = $20/mo or $240/yr
5. Couple = $30/mo or $330/yr
6. Family (4) = $35/mo $385/yr
7. Family Plus (5-6) = $40/mo or $440/yr
8. Family Plus Plus (7-8) = $45/mo or $495/yr
9. Insurance/HR Reimbursement Programs = $0/mo or $0/yr
10. Crossland, City, City Fire/Police, Sheriff’s Dept. Employee Programs - $0/mo or $0/yr

*Premium Key Fob After-Hours Access can be added to any membership for an additional $60/yr, paid annually* Client must be on an Insurance Reimbursement, Employee Program, annual or monthly auto pay membership to apply.

Term:  Services under this Agreement will begin on the date Client signs this Agreement. This Agreement automatically renews on the fifteenth (15th) day of each month.  Any membership options started in the middle of a month will be prorated to the fifteenth (15th) of that month.  Client understands that by signing this Agreement, Client has no right to a refund or credit for any part of a membership payment unless otherwise provided for in this Agreement or by law.

Monthly Membership: Clients electing the monthly membership option will be automatically billed every thirty (30) days on the fifteenth (15th) day of each month starting on the date this Agreement is signed.   Client is not entitled to any refunds or credits for any unused portion of this Agreement unless otherwise provided for by this Agreement or by law.

Prepaid Membership: Clients electing to pre-purchase a membership by paying in advance in full understand that this membership option expires at the end of the pre-purchased terms.  Once purchased, the Activity Center does not provide any refunds or credits for unused services outside of this Agreement.  Short-term pre-paid memberships of 3 months or less are non-transferrable and non-refundable.

Cancellation:  Client may cancel this Agreement at any time by filling out and signing a form provided at the front desk, and/or sending an email to the email address listed above.  Cancellations will take effect at the end of the current billing period.  Client will retain access to the service until that time, and no further charges will be incurred after the billing cycle ends.  Activity center will offer no partial refunds for billing periods that have already begun.  It is the client’s responsibility to cancel prior to the next billing date to avoid further charges.  Please note that the 12^th of the month (during normal business hours) is the last day that a cancellation can be taken before the 15^th billing date.  Activity Center is not responsible for any lost or misdirected emails.

Client may cancel this Agreement at any time outside the cancellation requirements listed above if one or more of the following conditions exist:

1. If, during his/her membership, Client becomes disabled in a manner that affects his/her capacity to use or enjoy the Activity Center’s facilities, Client may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client.  Client must provide the Activity Center verification of his/her disability from a physician and Client must request the refund.
2. If, during his/her membership, Client dies, his/her estate representative may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client.  His/Her representative must request the refund.
3. If, during his/her membership, Client moves more than twenty-five (25) miles from any Activity Center, Client may cancel his/her membership with no further payments and a prorated portion of any amount prepaid for his/her thirty (30) days will be refunded to Client.  Client must provide the Activity Center with proof of his/her new residence and Client must request the refund.

Activity Center may cancel this Agreement at any time for any reason.

Special arrangements, repairs, and maintenance may make it necessary for the Activity Center to restrict use of certain services or close. Fees will not be reduced or suspended during the time when the facility is not available.

Class Schedules for Group Training and Group Exercise are subject to change at any time for any reason.

Rate Increases:  Activity Center reserves the right to increase membership rates and fees with notice to Client. 

2.         AUTOMATIC PAYMENT AUTHORIZATION

Client represents and warrants that if Client is purchasing something or paying for a service from this Activity Center that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees (3.99% for credit/debit cards), and penalties.  A $15.00 fee will be assessed for insufficient funds errors, an interruption of payment, or a change in credit card information without notice as required in this Section, paragraph 3.

Client hereby authorizes (if online payment is made or autopay information is provided) this Activity Center to charge Client’s ACH draft, credit card, or debit card account for the following amounts:  (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Activity Center provides that Client instructs Activity Center to bill to Client’s account on file.

Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Activity Center written notice of termination in accordance with this Agreement.  Client agrees to give Activity Center notice if Client’s billing or Account information changes.  If Client decides to change Client’s billing information, a 15-day notice is required.

3.         ACCESS TO ACTIVITY CENTER

            This Agreement applies only to the individual signing this Agreement, and where applicable, the additional members listed on the individual’s account.  Only the Client signing this Agreement is granted access to the Activity Center.  Client is aware that the Activity Center uses cameras.  Any Client caught granting access to non-members or allowing a non-member to use their key tag card to access the facility will be assessed a $25.00 penalty fee and could have their membership privileges revoked.  This is a no exceptions policy.  Activity Center reserves the right to deny access to any Client determined by Activity Center to be unfit for entry. 

Additional Access Policies:

Normal Business Hours are:  M-F 6am-9pm.  Saturday 6am-5pm. Sunday 12pm–5pm.  The Activity Center may be closed on certain holidays with posted notice.

The Activity Center has staffed and unstaffed hours, please use the center safely at your discretion.

The Client will be issued an access tag/FOB key when joining.  Clients must have the key tag to check in and enter the facility on each visit.  If the key tag is lost or damaged, there is a $5 replacement fee.

All clients must have their photograph taken when obtaining their access card.

Clients may not use or enter the Activity Center if membership fees are not up to date or the membership has been revoked or suspended for any reason.

Do not let anyone else, not affiliated with your membership, into the center after you have entered.  This is for the safety of all participants.

Premium After-Hours Key Fob Access:

Only the client, or where applicable, additional members on the client’s membership with this feature are allowed to use their key tag to enter the facility after normal business hours.

Clients under the age of 18 are not allowed to use the Fob/key tag for entry outside normal business hours, unless accompanied by an adult also on the membership.

If regular membership fees are not kept current, the After-Hours Key Fob Access feature will be disabled.

The entry door is monitored by cameras and software that tracks activity of every key/fob tag issued, down to the date and time used.

After-Hours Key Fob Access cannot be used to bring non-members or members without after-hours access feature into the center after normal business hours.  If caught bringing ineligible guests into the center after normal business hours, a $25.00 penalty fee will be assessed and result in Key Fob After-Hours access being revoked without refund.

4.         OTHER SERVICE FEES

All services outside of this Agreement are subject to additional hourly rates, monthly rates, and/or specialty fees.

5.         ATTIRE

            Clean athletic clothing is required.  Shirts and shoes must be worn at all times.   Athletic closed-toed shoes are required and must be clean.  No cleats of any kind are allowed; turf shoes are only allowed in batting cages.  If entering in street shoes, clean soles on door mats to avoid dirt and gravel marring floor surfaces.

6.         CONDUCT

            The Activity Center is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Clients are prohibited from filming others without consent.  The Activity Center has the right to judge behavior and respond accordingly. This right includes, but is not limited to, a lifetime termination of membership of any Client engaging in unacceptable behavior.

Additional Rules/Regulations:

Food and Drink are only allowed in designated areas; covered water bottles are allowed everywhere.

Please see the front desk on the policies and guidelines for reserving courts and batting cages.

Gum is not allowed in the facility.

You may not enter the center under the influence of illegal or performance enhancing drugs, &/or alcohol.  The use of tobacco products of any kind and vaping are also prohibited.

Do not use foul language.

Do not take photos or videos of other members without their consent.

Please return the weights and equipment to their designated area after use.

Please do not rest weights, bars, and dumbbells on vinyl benches.  It destroys the vinyl.  Place them on the floor or appropriate racks.

Please use the equipment for its intended purpose and follow the instructions provided.  Do not swing or hang from any of the equipment.

Inspect equipment before use and do not use any equipment that appears to be damaged or not working properly.  Please notify the front desk staff if there is an issue with any of the equipment.

Do not tamper with any of the emergency and safety equipment located throughout the facility.  This equipment is to only be used in an emergency.  A first aid kit and an AED are located by the front entrance door.

Pets (other than service dogs) are not permitted.  If you plan to bring a service dog, please notify the front desk staff.

For the safety and comfort of all guests, we kindly request that no weapons be brought to the premises unless you are legally permitted to carry under Kansas law.

7.         CHILDREN

Minors must be at least fourteen (14) years of age to use the fitness or weight training equipment, unless accompanied by a parent or participating in a sanctioned class or activity. Minors under twelve (12) years of age must be always accompanied by a parent while in the Activity Center.  

8.         DAMAGES

            Client shall pay for any damages to the Activity Center’s property which results from the willful or negligent conduct of Client, Client’s guest, or dependent children.

9.         LOST ARTICLES

            Activity Center assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

10.       ASSIGNMENT OF AGREEMENT

Activity Center reserves full authority to sell, assign or transfer its right to receive payment from Client at its discretion.  Activity Center does not give refunds for any goods or services that have been ordered, paid for, and/or received on behalf of the Client.  All other refunds are at the sole discretion of the Activity Center.

11.       This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement.  The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

 12.         Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto.  If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third.  The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.  Proper venue and jurisdiction shall be the State of  Kansas, Cherokee County.

               If Client fails to pay the full amount agreed to in this Agreement, and the unpaid balance is not paid within the thirty (30) day period, Client may be liable for the amount of the payment plus damages equal to three times that amount.

               Unless the unpaid amount is paid in full within the time specified, the dishonored payment and all other available information relating to the unpaid amount will be turned over to collections.

 13.         Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement Client has given up considerable future legal rights. Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.  

In witness whereof, I understand my rights and obligations as stated above. I confirm that I am a legal adult (unless otherwise indicated below) and that I have read and understand this Agreement and I am aware that by signing this Agreement I am agreeing to all of the terms outlined above.  I have executed this Agreement and the above terms, as of this date, and acknowledge receiving a copy of this signed Agreement.

CUSTOMER`S RIGHT TO CANCEL

You, the buyer, may choose to cancel this agreement at any time prior to midnight of the 3rd business day of the Activity Center after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, fill out a form at the front desk, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the Activity Center, or delivered in person to:

RED IRON ACTIVITY CENTER

605 S. East Ave

COLUMBUS, KS 66725

[email protected]

If you cancel within the three days, the Activity Center will return to you within thirty (30) days all amounts you have paid.