Terms and Conditions

Membership Agreement including Liability Waiver
 
By purchasing a membership, I (“Member”), hereby indicate my desire to become a member of Studio 68 Fitness LLC (“Studio 68”), pursuant to the terms and conditions of this Membership Agreement (“Agreement”).
1. Membership Type. ? Single ? Couple ? Military ? Senior
For purposes of this agreement, both persons listed on a “Couple” membership are considered a “Member” and the children of a Member who are 13-17 years old and paid for shall be considered a “Member” as such term is used in this Agreement and elsewhere.
? This membership will cover the children of Member, at an additional monthly fee, currently $30/child, who are between the ages of 13-17:
Membership entitles the Member to access and use of the Studio 68 facilities, including all classes that are open to members, during hours of business, and subject to Studio 68 Policies.
2. Additional Services. Studio 68 also offers a variety of personal training options, group training, child care, and a café which are not included with membership, but are available for an additional fee (pricing available at front desk). Studio 68 reserves the right to add or remove services in its sole and absolute discretion. Any fees incurred related to personal training, group training or child care must be paid by Member in advance and are non-refundable.
2. Dues. All memberships are either month-to-month or annual (when paid in full), and payments are due in advance. Member agrees to pay membership dues as follows (“Dues”)
?monthly payment of Dues at the agreed upon amount, which includes my children, if applicable, the first month’s Dues to accompany this signed Agreement. The first month begins on the Membership Start Date. Monthly Dues will be paid by Member each month on or before the date their membership started (if membership started Oct 15, then monthly Dues need to be paid by the 15th of each month). Any monthly Dues payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or twenty dollars ($20.00), whichever is greater. Monthly membership Dues are subject to change in the sole discretion of Studio 68 without advance notice to Member.
?annual payment of Dues, in the agreed upon price, such amount to accompany this signed Agreement. Annual dues cover membership for twelve (12) consecutive months, beginning on the Membership Start Date.
Should Member select the monthly payment option, Member agrees to pay the then-current monthly membership fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in or with a financial institution, pursuant to a debit authorization form signed by Member.
Dues may also be paid in-person via debit/credit card or cash. All Dues paid to Studio 68 are non-refundable.
Studio 68 does not allow members to “freeze” their membership unless it is a substantial injury, illness, etc. This will be at the sole digression of Studio 68 and evaluated on a case by case basis. A written physicians excuse must accompany the request.
3. Studio 68 Policies. Member agrees to abide by all posted safety guidelines and regulations and Studio 68 Policies at all times while using Studio 68 facilities and equipment. A current copy of the Studio 68 Policies is available by request at the front desk and also on our website. Studio 68 reserves the right to amend, modify, add to or delete its Policies, or any part thereof, without advance notice. Studio 68 Policies as they currently exist, and as modified in the future in the sole discretion of Studio 68, are incorporated herein by this reference.
4. Cancellation. Please see the current Studio 68 Policies for cancellation of memberships.
5. Liability Waiver and Release. Member is voluntarily becoming a member of Studio 68, which may include use of Studio 68 facilities and/or taking part in exercise/fitness activities or classes. Member understands and acknowledges that the elements of exercising, working out, personal training, physical activity and exertion, cardio, lifting weights, using exercise equipment and machines, stretching, yoga, Pilates, and other similar activities (“Working Out” or “Work Outs”) are potentially hazardous activities and can cause injury or death to the Member. Member is fully aware of the risks and hazards involved. Member agrees to assume full responsibility for all risks, injuries or damage, known and unknown, which might occur as a result of Working Out. Such risks and/or injuries may include but are not limited to: general bodily injury, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, muscle strains, strains, pulls or tears, blisters, stress fractures and broken bones, shin splints, tendonitis, injuries or stress to joints, including strains, pulls or tears of ligaments, tendons, or cartilage, bursitis, joint dislocation, injuries to back, feet, latent/patent health problems, or any other soreness, injury or illness, including death. Member understands that any of the risks related to Working Out can cause or lead to injury or death. Member understands that it is their responsibility to consult with a physician prior to and regarding their participation in the Work Outs. Studio 68 recommends that all persons using their facilities obtain a physical examination from a licensed physician prior to Working Out. Member agrees that it will not participate in Work Outs at Studio 68 unless medically able. By engaging in Work Outs at Studio 68 or pursuant to a Studio 68 class or other training program, Member certifies that he/she is medically able and in good health. Member accepts full responsibility for his/her own health and well-being, including while Working Out, and knowingly and voluntarily waives and releases Studio 68 and its employees, members, managers and agents from all present and future claims or liabilities that may be made by Member, a child or spouse of Member, or the Member’s estate, heirs or assigns, of any kind, arising out of participation in Work Outs at Studio 68, even though that liability may arise out of negligence or carelessness on the part of Studio 68. Member’s signature on this agreement shall also serve as a liability release and waiver on behalf of any child of Member who is under the age of eighteen.
6. Indemnification. Member agrees to defend, indemnify and hold harmless Studio 68 against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release Studio 68 and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold Studio 68, its owners, officers, employees and/or affiliates free and harmless from against the same. Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its members. Member hereby consents to being photographed and/or recorded for such purposes
8. Amendment and Modification. This Agreement may be amended, modified or supplemented only by written agreement of the Parties, except that Studio 68 reserves the sole right to amend the Studio 68 Policies from time to time in its sole discretion.
9. Headings. The headings used herein are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
12. Severability. Any provision of this Agreement that shall be prohibited or unenforceable shall be deemed ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
13. Entire Agreement. This Agreement and any and all attachments are the complete and exclusive agreement between the Parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, whether printed on paper or electronically.
14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, devisees, successors, assigns and beneficiaries.
15. Suspension and Termination. Member understands that Studio 68 may suspend or terminate its membership at any time, in its sole and absolute discretion, for non-payment of membership Dues or for violation of any of Studio 68’s Policies, and in so doing, Studio 68 assumes no further liability to adhere to the terms of this Agreement.
16. Current Information. Member agrees to promptly update Studio 68 of any change in its contact information (name, address, telephone or email address) or change in debit/credit card information.

I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.

 

 
 
Studio 68 Fitness Policies

Studio 68 has established a variety of policies to ensure the members have both a fun and safe experience while using the facilities. It is recommended that our members review the following policies. If you have any questions regarding our policies and procedures, please don’t hesitate to contact us at alive@studio68fitness or by phone at (970) 631-3087.

Access to Studio 68
Member will be issued a key tag (with bar code) which will entitle Member to enter the Studio 68 premises and enjoy the use and benefit of the Studio 68 facilities. Member agrees not to allow any other person(s) to access Studio 68 facilities using Member’s key tag, and Member will not allow any unauthorized persons (persons other than Member, Member’s Family, or Member’s authorized guest) to enter Studio 68 along with Member. Member may contact the front desk to replace a lost key tag. Should Member violate any conditions of this Access policy, their membership may be revoked or suspended without refund, and criminal prosecution may be applicable.

MindBody software
Studio 68 membership includes a MindBody account, for which Member will have to sign-up and create a profile. Studio 68 also recommends that Members download the MindBody app in order to realize full use of the features. Purchases at the Studio 68 Café will also be processed through the MindBody software system. MindBody is a third-party company that Studio 68 contracts with for services. Studio 68 makes no representation as to the services offered, access to, or continued availability of, the MindBody software.
Attire
Studio 68 requires that Members wear appropriate athletic attire, including footwear, while using Studio 68 facilities. Appropriate clothing includes athletic pants/shorts, t-shirts, jogging suits, aerobic wear and sweat outfits. Jeans are not permitted. Street shoes and black-soled shoes may not be worn while using Studio 68 equipment or while attending classes. Bare feet or sandals are NOT permitted (except during certain classes). During winter months and rainy days, please bring a dry pair of shoes. The attendant on duty may deny access to Studio 68 if you do not have a dry pair of shoes. Except that, jeans, street clothes and any type of footwear may be worn in the Studio 68 Café area.
General Conduct
Member (and their Family) shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Studio 68 facilities by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by Studio 68, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by Studio 68.
Food and Beverages; Cafe
Other than water bottles, food and beverages are not allowed in the Studio 68 facilities. Access to water fountains and water bottle fill stations is available if Member does not choose to bring water with them. Studio 68 operates a café with a variety of light fare options, including alcohol, at the listed prices. Food and beverage purchased at the café may not be consumed in any other area of the Studio 68 facilities except the café area. Alcohol may not be removed from the Studio 68 café area.
Drugs, Alcohol, Tobacco and Weapons
The use of alcohol, drugs or tobacco is prohibited within the Studio 68 facility, except that alcohol purchased from Studio 68 may be consumed in the Studio 68 café area, but may not be removed from that area. Member agrees not to use the Studio 68 facilities or engage in any activity at Studio 68 while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate the equipment or otherwise put Member in physical danger. No weapons, including but not limited to knives and firearms, of any kind are allowed on the premises of Studio 68.
Photography and Video
Because of the personal nature of the activities that our members take part in at Studio 68, we do not permit photography or video-taping/filming, including audio recording, without express written consent of Studio 68 management.
Fire Alarms
Whenever a fire alarm is sounded, immediate evacuation of the building is the appropriate response. If there is a fire alarm while you are using the facilities, you must immediately leave through the nearest exit door and remain outside until it has been announced that it is safe to enter the center.
Guests/Visitors
Non-Members may drop into Studio 68 classes as a guest. Guests must fill out releases in advance of accessing Studio 68 facilities. Studio 68 also issues guest passes from time to time, which may be used by non-members to access Studio 68 facilities. Guests must abide by all of the Studio 68 policies at all times.
Health and safety
If you have the flu, a cold, or any other contagious illness, we ask that you please refrain from using the Studio 68 facilities. Using our facilities with a contagious illness puts you and all other members at risk. Illness causes an individual's system to become weaker and the likelihood for injury increases significantly when training under these conditions. Bottles of disinfectant and paper towels are available in both fitness centers for cleaning perspiration from the pads and benches. Please be courteous of fellow Studio 68 members and use the supplies provided in the areas that you use.
By using the Studio 68 facilities you represent that you are in adequate physical condition so as to participate in exercise activities without undue risk.
Under no circumstances shall Member move exercise equipment or use the equipment in any manner not otherwise intended or authorized by Studio 68.
Injuries
Any member who incurs an injury or becomes dizzy/ill while using the Studio 68 facilities should immediately contact a staff person for assistance. A first aid kit is kept at the front desk for minor injuries. In cases requiring more extensive first aid, Studio 68 staff will contact the appropriate persons/authorities for assistance. It is important that Studio 68 staff be notified of any cases of injury or illness so that proper procedures can be initiated.
Lockers
Studio 68 provides lockers for members to use in both the male and female changing rooms. You may use your own lock for security of your personal belongings. Studio 68 is not responsible for lost or stolen property whether from a locker or anywhere in the Studio 68 facility.
Lost and found
Articles lost or abandoned at Studio 68 are kept in the lost and found located by the front desk. Studio 68 is not responsible for any lost or stolen articles or for any items left at the front desk. We would like to be helpful, but our staff members cannot hold or watch your property for you. You may use the lockers provided in the locker rooms to store your personal items.
Cardiovascular equipment usage procedures
Cardio equipment is available for use on a first come, first served basis. We ask that you please limit use to 30 minutes while people are waiting. Our attendants can assist you if you have any questions or concerns. Please wipe down cardio equipment after use, with supplies provided by Studio 68.
Weight lifting policies
For the courtesy of all Studio 68 members and for safety reasons, members MUST re-rack their own dumbbells and weight plates after they have finished using them. Searching for sets of weights needed for your weight lifting program can be a hassle and this is easily avoided when members re-rack their own weights. Furthermore, having weights spread throughout the facility poses obvious hazards. Continued failure to abide by this policy may lead to the suspension or termination of your membership without refund. Please do not slam or drop the weights. Members MUST use a spotter when lifting heavy weights for safety reasons. If you do not have a lifting partner or spotter, ask a Studio 68 staff person to assist you. If you use chalk when lifting, please keep it in a spill proof container.
Climate Control
The climate of Studio 68 facility is controlled and maintained by Studio 68 to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the facility for any purpose.
Membership revocations and suspensions
Studio 68 staff is responsible for enforcement of the policies herein. Courtesy for other members, staff and the equipment at Studio 68 is expected and required. Loud, boisterous or abusive behavior will not be tolerated. Failure to comply with Studio 68 policies may result in immediate eviction from the premises, and/or suspension or revocation of membership without refund.
Force Majeure
During times of inclement weather or other circumstances beyond Studio 68’s reasonable control, including but not limited to fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes, Studio 68 will make every reasonable effort to remain open. There may be times, however, that Studio 68 may be closed without advance notice. Please feel free to call Studio 68 during these times to check on the status. No refund or proration will be provided to any Member for any closure of Studio 68 due to such circumstances beyond its control.
Children
Children aged 13-17 may be Members of Studio 68 in conjunction with a parent Member, inclusive of an additional fee. Children Members aged 16-17 may use the Studio 68 facilities unsupervised by their parent/guardian member. Children aged 13-15 may only use Studio 68 facilities while under the direct supervision of the parent/guardian member or a Studio 68 personal trainer. Children aged 12 and under may NOT use the Studio 68 facilities but are permitted in the child care and café areas.
Child Care
Child care is a separate service that we provide for the convenience of our Members for their children ranging from infant – 12 years old. Child care is not included in your membership dues. Child care is paid for as incurred.
Cancellation
Annual Memberships may be cancelled by providing advance written notice to Studio 68. Annual memberships that are cancelled prior to the end of the given year will NOT receive a refund or proration. Month-to-month memberships may be cancelled upon at least thirty (30) days written notice in order to be effective the following membership “month” (as determined based on the Membership Start Date).
Sexual Harassment
Studio 68 is committed to providing a safe environment for all of its Members and employees, free from discrimination on any ground and from harassment, including sexual harassment. Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. Sexual harassment may be physical, verbal, and/or non-verbal. Anyone can be a victim of sexual harassment, regardless of their sex or the sex of the harasser. All sexual harassment is prohibited on the Studio 68 premises. Studio 68 maintains a zero-tolerance policy for any form of sexual harassment and treats all such incidents seriously and promptly. Allegations of sexual harassment will be reported to the relevant legal authorities. Any Member found to have sexually harassed another person upon Studio 68 premises, in Studio 68’s sole discretion, will face revocation or suspension of their membership without refund, and criminal prosecution may be applicable.
Personal Training
Studio 68 offers personal training services. You may schedule and pay for personal training services at the front desk.
Class cancellations
Studio 68 offers a variety of exercise classes with qualified instructors. There may be times when a class instructor may not be able to instruct a class given personal, medical, bad weather or other reasons out of their control. At these times, Studio 68 will make every attempt to find another instructor to serve as a substitute for that class. There may be times when one or more classes are with a substitute instructor. At other times, however, Studio 68 may not be able to find a substitute and the class will be cancelled. Please understand that class cancellations are sometimes unavoidable. In cases of cancellation, signs or notices on the sign-in sheet will be posted in advance of the class. In addition, our social media sites (Facebook, Twitter, Instagram) will post an announcement about the cancellations of classes. Please feel free to call Studio 68 the day of a class to check on availability.

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