Terms and Conditions
Body Machine Fitness, LLC, is registered with the State
of Texas as Health Studio Registration No. 20170099.
NOTICE TO MEMBER: DO NOT SIGN THIS MEMBER AGREEMENT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
This Participation and Waiver of Liability Agreement (the “Agreement”) is between Body Machine Fitness, LLC. a Texas limited liability company (“BMF”) and the person signing at the bottom (“Member”). This Agreement is effective when the Member signs this Agreement (“Effective Date”). This Agreement incorporates by reference the Membership Level Selection form completed at the time the Member signs this Agreement (the “Membership Level Selection Form”), and any subsequent Membership Level Selection Form completed and submitted by the Member.
1. ASSUMPTION OF RISK. Member will be participating in the use of fitness equipment, fitness exercises, other physical activities. Member understands that the use of fitness equipment and doing fitness exercises are activities that involve a lot of stretching, balancing and other kinds of physical actions that are not common to everyday activity. Member understands that fitness can result in injury, such as muscle strain, muscle injury, joint injury, and bone injury. Member understands that their own medical and physical condition is unknown to BMF, and using fitness equipment and doing fitness exercises may injure Member in ways that would not injure other people. Member affirms that they shall participate in using fitness equipment and doing fitness exercises only if they are healthy to do so safely, without suffering injury or death. Member knows the inherent risks of fitness and activities related to using fitness equipment and doing fitness exercises, understands these risks, appreciates these risks, and agrees to assume responsibility for these risks.
2. RELEASE OF LIABILITY AND COVENANT NOT TO SUE. In consideration for BMF providing classes and activities, Member, on behalf Member and their spouse, heirs, administrators and assigns, hereby releases BMF, and BMF’s managers, officers, employees, volunteers, independent contractors, agents and representatives (the “Releasees”), FROM ANY AND ALL CLAIMS OF NEGLIGENCE AND GROSS NEGLIGENCE OF BMF IN CONNECTION WITH ITS BUSINESS, including without limitation, the matters described in Exhibit A, the conduct of activities and classes, maintenance and condition of facilities, selection of instructors, hiring of employees, maintenance and condition of equipment, and use of facilities. Furthermore, in consideration providing classes and activities, Member agrees and covenants to never to file any claim, lawsuit or other proceeding, whether judicial or administrative, against the Releasees for any personal injury, property damage, wrongful death or other injury, including without limitation, any claims of negligence and gross negligence that may arise or result from my use of fitness equipment, and participation in the classes and activities of BMF. The following waivers are also included in this Section 2:
PERSONAL PROPERTY
BMF is not liable for lost or stolen personal property of its Members. Although BMF does maintain general security, BMF is not able to secure, monitor or supervise how Members handle their personal property. For example, for convenience, Members often leave personal property in the open while they shower or workout. BMF will not know who such property belongs to and whether someone who picks up personal property left in the open is the owner of that property.
LOCKERS
BMF is not liable for lost or stolen personal property of its Members from lockers at BMF. Although BMF will maintain lockers to operate as designed, BMF will not know who is using any particular locker and whether someone who picks up personal property has the authority to take property from a locker.
USE OF SHOWERS AND LOCKER ROOMS
BMF is not liable for Member developing or contracting any fungal or bacterial conditions from the use of BMF showers and locker rooms. Although BMF will strive to maintain showers and locker rooms that are clean and comfortable for the member to use, BMF is not in a position to anticipate all of the potential sources of bacterial or fungal conditions, and BMF does not ask for information about the Member’s personal vulnerabilities to bacterial or fungal conditions. The Member must not engage in any kind of activity that creates conditions that are unsafe for the Member or other people in BMF showers and locker rooms. BMF is not liable for the actions of people who are not BMF staff in showers or locker rooms. Members are not permitted to use mobile phones or recording devices in the locker rooms. In particular, Members are not permitted to make video or audio recordings within showers or locker rooms.
LIGHTING CONDITIONS
BMF is not liable for injuries attributed to the lighting conditions. BMF workout facilities will use lighting that may be dark and use spotlights, moving lights and other lighting that are to enhance the workout experience. Moving from lighted spaces to the workout spaces may require extra caution.
DIETARY CONSIDERATIONS
BMF is not liable for conditions caused by a Member’s dietary restrictions or allergies. BMF does not ask for or keep information about a Member’s dietary restrictions or allergies.
HEALTH CONDITIONS
BMF is not liable for conditions caused by a Member’s health. BMF does not ask for or keep information about a Member’s health. Although BMF staff are watchful of the condition of Members during workouts, BMF will not be able to prevent a Member from engaging in workouts that are dangerous to their health.
BACKGROUND OF MEMBERS AND GUESTS
BMF does not perform background checks on its Members or people who are in BMF. Although BMF seeks to maintain a safe facility, BMF will not know whether any particular Member has a background that is unacceptable to other Members. BMF is not liable for any conditions that arise because BMF did not perform background checks on its Members of other persons in BMF.
STYKU BODY SCANNING
BMF is not liable for the results, data or use of the Styku body scanning equipment. BMF does not hold itself out as a medical provider, and the Styku body scanner is not intended to be relied on as a medical device or to provide medical information or diagnosis of medical conditions. Sytku is available to Members for general information about their bodies.
3. Use of Images. Member authorizes BMF to use pictures and media of my participation in fitness exercises at BMF without compensation. BMF agrees that if Member asks for BMF to not use any particular image or media in writing, that BMF will stop using such image or media in a reasonable amount of time.
4. Fees. Member will pay for all fees specified in a Membership Level Selection Form when due. BMF will provide instructional services and access to BMF facilities according the programs that the Member has paid for or otherwise authorized by BMF. These programs are subject to change at the discretion of BMF without notice to Member.
5. Payment of Fees. Payment of fees shall be by cash, check, credit card, debit card or payment card. Payment of fees shall be paid prior to the use of any programs, equipment and activities for which such fees are charged. Recurring monthly fees will be due and payable on the monthly anniversary of the Member entering into this Agreement.
6. Member Account. BMF uses a third-party web-based management system to store information about the Member, including credit/debit card information for payment of fees and purchases. BMF does not store any of the Member’s credit card information on computers or servers owned and controlled by BMF. At the time the Member enters into this Agreement, BMF will create an account for the Member on this third-party web-based management system (the “Member Account”) that will include information that is necessary to manage the Member’s services, including without limitation, contact information, types of services and packages, and credit/debit card information. BMF will not ask the Member for their social security number. Member hereby authorizes BMF to have access to the Member Account to collect payment for BMF services and goods, including without limitation, membership fees, fees for services, and purchases of goods, through the credit/debit card specified on the Membership Level Selection Form or a credit/debit card authorized by the Member though the Member Account in lieu of presenting such payment card. Member authorizes BMF to collect recurring fee payments by automatically collecting payment for such recurring fees through the Member Account.
7. Services Subject to Change. The programs, equipment and activities offered by BMF are subject to change at the discretion of BMF without notice to Member. BMF will in its sole discretion either refund any fees that have been paid an advance for programs, equipment and activities cancelled by BMF that were not used, or substitute such programs, equipment and activities cancelled by BMF with comparable programs, equipment and activities.
8. Expiration of Packages. Certain instances of the use of programs, equipment and activities are subject to expiration if not used during certain periods of time. Such expirations take effect automatically without the necessity of notice to Member, and no refunds are made for any unused instances.
9. Cancellation. This Agreement may be cancelled by Member for any reason and at any time with such cancellation being effective one month after Member gives BMF written notice of cancellation with such notice delivered personally to the BMF facility or by mail to the BMF facility.
10. Suspension. This agreement may be suspended by Member for any reason and at any time with such suspension being effective one week after Member gives BMF written notice of suspension with such notice delivered personally to the BMF facility or by mail to the BMF facility. An agreement may be suspended for a minimum of 30 days and a maximum of 60 days, and a maximum of two suspension per year. A $15 monthly suspension fee will be applied until agreement is re-instated or cancelled.
11. Membership Changes. I understand and agree that if I want to upgrade or downgrade my membership or package, I must give at least a 48-hour notice to BMF and sign the forms required by BMF to make such a change effective.
12. Late/No Show. I understand and agree that Body Machine Fitness requires an 8-hour cancellation notice. You may cancel classes without penalty as long as it is not within 8 hours of the scheduled class time. Canceling within 8 hours of the scheduled class time will be considered a late cancel. If you late cancel or no show and have a membership you will be charged $10, however will not lose a class. Clients that late cancel or no show with class packages will lose one class as a penalty. Five minutes after the start of the scheduled class time, all members who are not signed in will forfeit their spots to those on the waitlist.
13. Rules and Instructions. Member shall comply with all directions and instructions of the employees and staff of BMF, and follow all rules of BMF. Member shall not behave in a manner that is disruptive of activities and other users of BMF facilities, or that may cause injury to the employees or staff of BMF or other users of BMF facilities. BMF has the right to refuse to allow Member to use BMF facilities or equipment, participate in any activities at BMF, or be present on any premises of BMF, for any reason, at any time, and for any period of time, including a permanent period of time. In the event that BMF imposes the foregoing restrictions, BMF will refund any fees that have been paid an advance and not used.
14. Indemnification. Member shall indemnify, defend and hold BMF, and BMF’s managers, officers, employees, volunteers, independent contractors, agents and representatives, from all damages, liabilities and claims, including without limitation, personal injury, death, property damage, attorney’s fees, legal costs, and contractual claims, arising from or caused by the acts or omissions of Member.
15. Emergency Care. Member grants BMF permission to administer first aid, CPR and AED to Member; authorizes emergency transportation; sharing of medical information about Member; and assumes all costs incurred in connection with medical care of Member at the BMF facility.
16. General Terms. This Agreement shall be governed by Texas law. Any lawsuit in connection with this Agreement or any acts, omissions or events involving BMF shall be exclusively filed in a court with jurisdiction of Collin County, Texas. If the event that any provision of this Agreement is held to be unenforceable, such provision shall be severed out, all other provisions shall remain enforceable, and the unenforceable provision shall be modified by the court to give such provision the maximum legal effect that was intended by BMF. No terms or conditions concerning the subject matter of this Agreement that are not in this Agreement shall be binding. BMF and Member waive trial by jury.
17. Acknowledgements. Member acknowledges that they have read and understood this Agreement, and that Member is giving up significant legal rights, including without limitation, the right to financial recovery for injury or property damage, whether the injury or damage results from the inherent risks of the activities or the negligence or gross negligence of BMF. Member acknowledges that they are signing this Agreement voluntarily with the full intent of releasing BMF of liabilities as provided in this Agreement.
18. Waiver of Liability. This Agreement expressly incorporates by reference as if set forth entirely herein, the terms and conditions of any waivers, releases or indemnifications entered into by Member, including without limitation a certain Waiver of Liability entered into by Member in conjunction with this Agreement.
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 BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093.
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 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 BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093.
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 PROVIDE A COPY 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 SECRETARY OF STATES INTERNET WEBSITE.
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 BODY MACHINE FITNESS, LLC, 6153 WINDHAVEN PARKWAY, SUITE 130, PLANO, TEXAS 75093