Membership Agreement
This agreement (“Agreement”) is between BRAMGE, LLC, a Colorado limited liability company d/b/a IRON WORKS FITNESS, and the undersigned applicant (“Applicant”) for membership in Iron Works Fitness.
Nature of Membership.
Membership does not confer any interest in the property or assets of Iron Works Fitness or any right to participate in the management of Iron Works Fitness, financially or otherwise. Membership confers solely the right to use and enjoy the facilities of Iron Works Fitness in accordance with Applicant’s Application, this Agreement and the Rules and Regulations (as they may exist from time to time) of Iron Works Fitness, and Applicant shall be subject to strict compliance therewith. Non-use by a member of Iron Works Fitness does not constitute release of liability for payment.
Approval of Membership.
All applications and membership agreements must be on forms prescribed by Iron Works Fitness and are subject to payment of the required fees and approval by Iron Works Fitness. Only persons 18 years of age or older are eligible to become members.
Member’s Responsibility for Use of Iron Works Fitness/Member’s Health Warranty.
In all events, Applicant should consult with a personal physician before use of Iron Works Fitness services and facilities. Applicant represents that Applicant is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of such exercise. Applicant understands and acknowledges that Iron Works Fitness has no expertise in diagnosing, examining or treating any medical condition. Applicant agrees that he/she shall not use the facilities with any medical condition including cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of Applicant or others, and agrees to use the facilities in accordance with all applicable public health requirements. It is the responsibility of Applicant to consult with a personal physician to determine if any of these medical conditions exist and, if so, whether such condition is a direct threat to the health or safety of Applicant or others. Iron Works Fitness reserves the right to make the final determination with respect to Applicant’s use of the facilities for any conditions described herein.
Renewal of Membership.
A member must renew his/her membership in person or email on or before its expiration date. Upon renewal, changed or modified membership terms may apply.
Termination for Disability or Death.
If Applicant is unable to use the facilities as provided herein due to disability, or if said Applicant dies, he/she and his/her estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability. If he/she has prepaid any sum for services, so much of such sum as is allocable to services he/she has not taken shall be promptly refunded to him/her or his/her representative after receipt of written request. The term “disability” means a condition verified in writing by a physician which precludes the Applicant from physically using the facilities.
Membership Freeze
Freeze periods that are medically necessary, including pregnancy, require documentation from the treating physician stating the length of temporary disability. Medically necessary membership freezes are allowed at a maximum of three (3) months in a twelve (12) month period. All freeze credit will be given in the form of a membership extension at the end of the membership term.
Termination for Other Reasons.
Applicant, or the estate of Applicant, shall have the right to cancel this Agreement if:
(a) Iron Works Fitness facility is moved to a location that is more than five (5) miles from the location of the establishment when the Applicant entered into this Agreement;
(b) Applicant’s membership in Iron Works Fitness is transferred to a location of the same club or another club, which location is more than five (5) miles from the location of the facility when the Applicant entered into this Agreement, and the transfer occurs because of cessation of health club services at the facility location from which the membership is transferred; or
(c) Iron Works Fitness permanently discontinues operation of its facility or sells the facility and the sale results in substantial alteration of the quality of services or facilities or the nature of benefits so that they no longer conform to the provisions of this Agreement, but there shall be a thirty-day “right to cure” during which the fees payable by the Applicant under the Agreement shall be suspended and Iron Works Fitness may bring the services, facilities, and benefits into conformance with the provisions of this Agreement.
Notification of Month to Month Terminations
An Applicant may resign a month to month membership from Iron Works Fitness by giving 48 business hours written notice to Iron Works Fitness after which he/she must pay any dues and other unpaid charges to Iron Works Fitness. Written resignation notices received by Iron Works Fitness will be effective immediately or on the date designated in writing by the resigning member. Depending upon the coincidence of the member’s automatic recurring debit (ARB) date with his/her resignation date, an additional month’s dues may be debited. The member will be notified at the time of resignation if this is the case. No resignation will be effective until Iron Works Fitness has received all required payments. Upon acceptance by Iron Works Fitness, all resignations are final. Returning members are considered new members and are subject to all fees associated with new enrollment.
Involuntary Resignations.
Iron Works Fitness reserves the right at any time to terminate the membership or privileges hereunder of any member for failure to comply with any of the rules and regulations adopted by Iron Works Fitness. The membership may be terminated by notification (i) by personal delivery to the member, (ii) by certified U.S. mail, return receipt requested, to the last address shown on the records of Iron Works Fitness for the member being terminated or (iii) the email address of the member as shown on such member’s application form. A terminated member will remain liable for all dues and other indebtedness incurred including processing fees (including but not limited to) of $30.00 per transaction associated with non-sufficient funds and terminations. A member who is forty-five (45) days in arrears with respect to the payment of his/her account and/or has incurred at least two (2) insufficient funds transactions to Iron Works Fitness may, at the option of Iron Works Fitness, be terminated.
Transfer or Resale of Membership.
Membership may not be resold, assigned or transferred to another party.
Cardkeys
Cardkeys are non-refundable, non-exchangeable, non-shareable. A replacement fee of $10.00 will be charged for each lost, stolen, or damaged cardkey.
Independent Contractors.
From time to time we may make available to members the services of independent contractors. Iron Works Fitness does not warrant or guarantee the quality nor availability of these services and hereby disclaims all liability or responsibility arising out of such services.
Personal Trainers.
From time to time, Iron Works Fitness may post select, credentialed biographies and contact information for personal trainers on its Community Forum Board. Any Iron Works Fitness member who wishes to engage in personal training in the Iron Works Fitness facility must present his/her credentials to Iron Works Fitness management for verification and approval for inclusion on the Community Forum Board. No member may post his or her credentials or engage in formal or informal personal training without the written approval of Iron Works Fitness. Violation of this provision may result in membership revocation. Iron Works Fitness does not warrant or guarantee the quality, effectiveness or availability of personal trainers and hereby disclaims all liability or responsibility arising out of such services.
Legal Fees.
In the event an attorney is retained to enforce any provision of this Agreement, the prevailing party in such dispute shall be entitled to recover all attorneys’ fees and court costs in any such action or proceeding.
Severability.
In the event one or more provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such event shall not affect any other provision hereof and this Agreement shall be construed as if such provision had never been contained herein.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and shall be performable in Boulder County, Colorado.
No Modification.
Any modification of any of the terms and conditions contained herein shall only be valid and enforceable if in writing signed by the parties hereto; however, Iron Works Fitness is authorized to correct patent errors in this Agreement and in other related documents.
Entire Agreement.
The Application, this Agreement and any rules and regulations promulgated by Iron Works Fitness constitute the entire and exclusive membership agreement between the parties and cancels and supersedes all prior promises, representations, understandings, and/or memberships between the parties. The person signing this Agreement with Iron Works Fitness is the only member who can exercise the contract rights under this Agreement, however, all persons for which the membership has been purchased agrees, by use of the facilities, to be bound by the terms contained herein.
Default.
The member is in default of this Agreement if: (1) Applicant intentionally or negligently misrepresents the information contained in the Application, (2) there is a violation of any of the terms and conditions of this Agreement, (3) any member covered by this Agreement fails to obey the rules and regulations promulgated by Iron Works Fitness for the use of the facilities and equipment, or (4) payment of the fees and costs of the membership are not paid timely.
Approval by Iron Works Fitness.
Applicant’s membership is subject to approval by Iron Works Fitness and will not be effective unless and until this Agreement is executed by an authorized representative of Iron Works Fitness and paper copies are signed by all parties.
Acknowledgment of Risk, Release of Liability and Agreement.
Applicant is applying for membership in Iron Works Fitness and acknowledges full and complete awareness that the activities associated with membership involve risks. Applicant accepts all the risks of membership, even if they are created by the carelessness or negligence of a Released Party or anyone else. “Risks” include, but are not limited to, physical exertion and activity; use of (1) exercise equipment, (2) bathroom/shower, locker or storage bin, (3) parking lot and sidewalk by Applicant or others; participation in any activity, class program or instruction; defective or improperly maintained or constructed exercise equipment or facilities; lack of or negligent instruction or supervision; lack of or negligent posting of instructions or warnings on equipment; lack of or negligent on-site security; lack of or negligent on-site medical personnel and equipment; unsanitary conditions; and slipping and falling while in the facility or on the premises. Applicant understands and knows that there are other risks as well not enumerated herein.
Applicant fully releases, discharges and waives any Claims Applicant may have, now or in the future, against the Released Parties, even if Claims are based on the carelessness or negligence of a Released Party or anyone else. “Claims” as used in this document means any and all liabilities, claims, demands, legal actions, and rights of action for damages, personal injury or death which are related to or in any way connected with membership in Iron Works Fitness which Applicant or Applicant’s heirs, personal representatives, successors or assigns could make. “Released Parties” as used in this document means Iron Works Fitness and the ownership of the premises wherein the facility is located, and their respective owners, managers, partners, employees, directors, officers, representatives and agents.
Applicant agrees not to sue Released Parties for Claims, even if the Claims arise from the carelessness or negligence of a Released Party or anyone else. Applicant agrees to indemnify (protect against loss) and hold harmless each Released Party, from any loss or liability (including any reasonable attorneys’ fees they may incur) defending any Claim made by Applicant, by anyone making a Claim on Applicant’s behalf or as a consequence of Applicant’s actions or omissions, even if the Claim is alleged to or did result from the carelessness or negligence of a Released Party or anyone else.
Applicant further acknowledges that no warranties or representations have been made to Applicant about membership activities which are not stated on this form. Applicant understands and intends that this document act as the broadest and most inclusive assumption of risk, waiver, release of liability, agreement not to sue and indemnity as is permitted by the laws of the State of Colorado.
If any portion of it is held to be invalid, Applicant agrees that the rest of it shall continue in full force and effect.
Electronic Funds Transfer (EFT) and Cancellation Policy for Monthly, 6 or 12-Month Memberships
Member understands and agrees their monthly payment will be automatically debited from member’s designated account for a continuous term of Monthly, 6 or 12 months. Member default from this monthly payment agreement will result in membership termination and this delinquency will be reported to the appropriate credit reporting agencies. Actions will be initiated to collect the debt.
Month to Month Membership - We require 48 business hours (2 business days) written notice to amend or cancel your membership prior to your EFT date. He/she must pay any dues and other unpaid charges to Iron Works Fitness. Resignation will not be effective until Iron Works Fitness has received all required payments.
6 and 12-Month Memberships – Cannot cancel or suspend.
Social Security Number will be required when completing the enrollment process at Iron Works Fitness in order to receive your FOB.
Right of Rescission.
APPLICANT ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. APPLICANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT APPLICANT, PURSUANT TO CRS § 6-1-704(1)(a), HAS A RIGHT TO RESCIND THIS MEMBERSHIP CONTRACT WITHIN THREE BUSINESS DAYS AFTER RECEIPT BY APPLICANT OF A COPY OF THIS AGREEMENT. NOTICE OF RECISSION SHALL BE WRITTEN AND SHALL BE GIVEN BY APPLICANT TO IRON WORKS FITNESS BY EITHER TELEGRAM (WHEN FILED FOR TELEGRAPHIC TRANSMISSION), MAIL (WHEN POSTMARKED), OR HAND DELIVERY (WHEN DELIVERED TO IRON WORKS FITNESS PLACE OF BUSINESS).
I hereby have read, understand, and agree with the above Membership Agreement.