3 MONTH SUMMER SALE

FLEX FACTORY

GYM MEMBERSHIP AGREEMENT

This Gym Membership Agreement (the “Agreement”) is made and shall be effective on {start_date} (the “Effective Date”), by and between Flex Factory Sioux Falls Inc, an South Dakota Incorporated entity company (the “Gym”), the owner and operator of the gym facility located at 101 N Kiwanis Ave., Sioux Falls, South Dakota 57104 (the “Facility”), and {name} (the “Member”). The Gym and the Member are collectively referred to as the “Parties” and individually as “Party”.

TERMS AND CONDITIONS

1. MEMBERSHIP SERVICES. As a result of Member’s election of the Membership Plan noted below and Member’s fulfillment of the terms of this Agreement, the Member is entitled to access the Facility during the Facility’s operational hours, including the use of equipment and participation in authorized personal training activities, and other professional or educational services rendered by the Gym or its employees, agents, or contractors. Member agrees to abide by any and all of the Gym’s rules and regulations provided in this Agreement, posted in the Facility or on the Gym’s website, or provided by the Gym’s staff. Failure to comply with the terms of this Agreement may result in revocation, termination, or suspension of the membership privileges granted by the Membership Plan and this Agreement, including but not limited to access to the Facility.
2. MEMBERSHIP SERVICES. The Member has opted for the {membership_title} (the “Membership Plan”) and agrees to pay the amount of {membership_fees} (the “Membership Fee”) to the Gym for each Billing Cycle (defined below) for the duration of the selected Membership Plan. Daily and Weekly Membership plans shall be paid prior to using the Facility and shall be purchased with a one-time fee (the “Daily Fee”) on the day of use. The duration of the Daily Membership shall be for the remainder of the day on which the Daily Membership is purchased. The Member must pay an initial fee of {signup_fee} (the “Sign-Up Fee”) immediately upon the execution of this Agreement. The Sign-Up Fee, Daily Fee, and Membership Fee may be paid by ACH or credit card. Payments will be made on a {membership_recurrence} recurring basis, beginning on the Commencement Date (the “Billing Cycle”) using the authorized payment method. Failure to pay after 7 days from the due date may result in a late fee of $9.99 and further lead to suspension or termination of membership privileges. By signing this Agreement, Member authorizes the Gym to charge the credit card or other payment methods for each Billing Cycle, including late fees or service fees, without notice or further authorization required. If Member provides more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the club in person or preferably via certified mail to the address listed above. Providing us with an alternate form of payment on your account protects your membership from interruption due to any unforeseen issues with your first method of payment for recurring membership dues and annual fees and provides a secondary method of payment for any other club related purchases. A processing fee is applied to all membership invoices. For memberships that are processed via Checking Account deduction via ACH (Automated Clearing House), the processing fee will be waived. For all other methods, including credit cards, the processing fee will apply. ALL MEMBERSHIP FEES, INCLUDING INITIATION FEES, MONTHLY DUES, AND ANY OTHER ASSOCIATED COSTS, ARE STRICTLY NON-REFUNDABLE. ONCE A PAYMENT IS PROCESSED, NO REFUNDS, CREDITS, OR REIMBURSEMENTS WILL BE ISSUED. MEMBERSHIPS AND ANY ASSOCIATED FEES ARE NON-TRANSFERABLE. IF A MEMBER DECIDES THEY CAN NO LONGER USE THE MEMBERSHIP, IT CANNOT BE TRANSFERRED TO ANOTHER INDIVIDUAL, AND NO REFUND WILL BE PROVIDED.
   
   

   MEMBERSHIP PLAN	FEE (per Billing Cycle, tax exclusive)	PLAN DURATION	CANCELLATION NOTICE
   Day Pass	$19.99 per day	1 day	-
   Week Pass	$54.99 per week	1 week	-
   Monthly Membership	$74.99	4 weeks	30 days
   Annual Membership	$64.99	1 year	60 days

3. TERM. The Membership shall commence on the date of {start_date} (the “Commencement Date”) and shall remain in effect for a period of {membership_duration} from the Commencement Date (the “Membership Term”), unless terminated earlier in accordance with the provisions of this Agreement. Upon the expiration of the Membership Term, the membership shall automatically renew unless the Member opts for cancellation as provided in Section 5.

RENEWAL. Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. If the Member does not provide a written notice of cancellation to the Gym at least 30 days before the expiration of the current Membership Term (the “Cancellation Notice Period”), the membership shall automatically renew for an additional term of {membership_duration} (the “Renewal Term”). At the end of the Renewal Term, the membership shall automatically renew for additional terms of the same duration as the Renewal Term until cancelled in accordance with the terms of this Section 4. The Gym reserves the right to adjust the Membership Fee for any Renewal Term without notice to the Member. DAY PASSES & WEEK PASSES ARE NON-RENEWABLE AND EXPIRE AT THE END OF THE TERM. DEFAULT & LATE PAYMENTS. Should the Member default on any payment obligation as called for in this agreement, the Gym will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than 7 days late. A SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT OR CREDIT CARD RETURNED FOR INSUFFICIENT FUNDS, DECLINED TRANSACTION OR FOR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 7 DAYS PAST DUE, YOU WILL ALSO BE CHARGED A LATE FEE. CANCELLATION & TERMINATION. The Member may cancel their membership by providing written notice to the Gym at least 30 days prior to the desired cancellation date for Monthly Memberships, and at least 60 days prior to the desired cancellation date for Annual Memberships. Memberships must be cancelled in person at the Gym’s facility. In order for a cancellation to be processed, the member must have paid at least one full, non-discounted membership fee, and all outstanding balances, including past due amounts, must be paid in full. Any balance due after 90 days will be sent to collections. The Member remains responsible for any unpaid fees up to the cancellation date, including fees for the month in which the notice of termination is provided. The Gym reserves the right to terminate membership due to the Member’s failure to comply with Gym rules, regulations, or policies, or the Member engaging in behavior that disrupts the Gym environment or other members of the Gym. The Member agrees that if Member fails to use the Facility that shall not release the Member from the obligation to make all payments required by the terms of this Agreement. CANCELLATIONS OR NONRENEWAL MUST BE PROVIDED IN PERSON AND COMPLY WITH THE PROVISIONS OF THIS AGREEMENT. MEMBERSHIP FEES WILL CONTINUE TO BE BILLED AND DUE UNTIL SUCH COMPLIANCE. MEMBERSHIP FREEZE. The Member may request a temporary freeze on their membership for a period of up to 90 days due to circumstances such as illness or travel. The Member must provide written notice at least 7 days before the desired freeze start date. The freeze will extend the Yearly Membership term by the amount of time of the freeze. During such freeze period, the Member is restricted from using the Facility. Accessing the Facility during the freeze period will result in the Member restarting their membership immediately. DAMAGE TO PROPERTY. The Member shall pay for any damage to the Facility, the equipment, or other property owned, leased, or provided by the Gym or located at the Facility, which results from any act, omission, negligence, or other conduct of the Member or its guests.ACCESS. Member may not bring in guests at any time without the completion of a guest form. Member may not allow anyone else to use their access card or credentials, and must alert the Gym immediately if they have reason to believe anyone else may have it. Allowing guests access to the facility may result in additional charges in the amount of one guest pass per person. Violating this policy may result in suspension or revocation of the Member’s right to use the Facility. No Member should allow anyone access unless such Member is certain the individual requesting access is known to them and known to be a member.RULES, REGULATIONS & RESPONSIBILITIES. In addition to any other rules and regulations provided by the Gym, posted at the Facility or on the Gym website, or otherwise provided by Gym staff, the following rules, regulations, and responsibilities shall apply to Member’s use of the Facility: The Gym facility is open 24/7. The Gym reserves the right to change hours or otherwise restrict or limit access to the Facility.Members must scan their membership card or use the KISI app to check in each time they enter the Facility.The Member shall abide by all the safety guidelines and regulations as set forth by the Gym while using the Facility and all equipment and property provided by the Gym or located at the Facility.The Member must wear a shirt in the Facility at all times unless the Member is in a posing room. The Member agrees that the Member shall always abide by the Gym’s dress code while in the Facility.Consumption of drugs, alcohol, tobacco, or similar addictive substances are strictly prohibited at the Facility.Photography and/or videography within the gym is permitted with the following guidelines. Use photography and videography equipment discreetly. Avoid blocking pathways or creating obstructions for other members. Photography and videography are strictly prohibited in designated restricted areas, such as changing rooms, bathrooms, and any other private spaces. If you plan to conduct a professional photo or video shoot, please seek permission from the Gym management in advance. The Gym reserves the right to restrict a Member from future use of photography/videography at any time.The Member shall wipe down all equipment after each use and re-rack or return the weights used. The Member shall not wear street shoes on the gym floor. Persons under the age of 18 are not permitted in the Facility without the consent of their parent or guardian.Member shall not use loud or profane language at the Facility nor shall Member molest, badger, assault, or harass other members, guests, contractors, employees, or agents.Member agrees to abide by all such rules at all times while accessing the Facility and using the property of the Gym. The Gym retains the right to modify these policies without warning.PROHIBITION OF COMMERCIAL ACTIVITIES. Member agrees that the Member may not engage in any type of commercial or business activity while using the Facility without the prior written consent of the Gym. Member shall not act as a trainer for any other members or guests without the prior written consent of the Gym, and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities, Member’s membership shall be subject to immediate cancellation.WAIVER AND RELEASE OF LIABILITY. The undersigned Member understands, acknowledges, and agrees that participation in physical activities, workouts, and exercise programs at the facility operated by the Gym (the “Facility”), and use of any of its equipment, amenities, or services, involves inherent risks of injury, illness, or loss. These risks include, but are not limited to, muscle strains, sprains, fractures, dehydration, burns, dizziness, cardiac events, loss of consciousness, or, in rare cases, serious injury or death. These risks may arise from participation in exercise activities, use of free weights and machines, and use of amenities such as saunas, steam rooms, cold plunges, massage chairs, or similar wellness or recovery features. The Member acknowledges that use of these amenities carries inherent risks and assumes full responsibility for any injuries, medical events, or property loss arising from such use. The Member agrees to follow all posted usage guidelines and to exercise caution and sound judgment while using all amenities and equipment. The Member further understands that the Facility is accessible 24/7, including during unstaffed hours, and accepts all risks of being in the Facility alone, including risks of injury, illness, equipment malfunction, or effects of automatic lighting or security systems. The Member waives all liability for incidents that occur during unstaffed hours.

All activities at the Facility and use of any equipment or services shall be at the Member’s sole risk. The Member agrees that the decision to use the Facility, participate in physical activity, or engage with any program, method, or equipment is entirely voluntary and made at the Member’s discretion. The Gym shall not be liable for any claims, demands, injuries, damages, or actions arising from or in connection with the Member’s use of the Facility or services. In consideration of being allowed to participate in activities and programs at the Facility, and otherwise made available by the Gym, the undersigned Member, for themselves and on behalf of their personal representatives, heirs, and next of kin, hereby expressly RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE the Gym, its owners, members, managers, employees, instructors, contractors, and agents (collectively, the “Indemnitees”) from any and all liability for harm, injury, or loss that may arise from the Member’s participation in activities, use of amenities, services provided by the Gym, or otherwise in connection with the Member’s membership, including any and all claims or causes of action, whether in law or equity, including personal training, education, or recovery services. The Member further agrees to hold the Gym harmless for any injury or property damage arising from slippery floors, water leaks, unreported equipment issues, or other hazards—provided the Gym did not act with intentional misconduct.

The Member understands and agrees that this Waiver and Release of Liability covers all claims based on the Gym's alleged negligence (active or passive), gross negligence, intentional misconduct, or failure to provide proper supervision or instruction. The Member is aware of the risks and hazards associated with physical exercise and the use of exercise equipment and wellness amenities, and voluntarily assumes such risks. The Gym shall not be liable or responsible for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, government mandates, power outages, pandemics, or other unforeseen emergencies. The Member acknowledges that such events do not entitle them to refunds or suspension of their obligations. The Member understands that the Gym is not responsible for the Member’s personal property and agrees to take appropriate precautions. The Member acknowledges being advised to consult a physician before beginning any exercise program and affirms they have either done so or knowingly chosen not to.
CONSENT FOR EMERGENCY MEDICAL TREATMENT: In the event of injury or illness while at the Facility or otherwise participating in activity sponsored by or associated with the Gym, the undersigned Member authorizes the Gym to immediately obtain necessary medical treatment on the Member’s behalf and to contact the Member’s Emergency Contact. The Member agrees to be responsible for any and all medical expenses incurred as a result. The Member is aware and understands that Member should carry their own health insurance.PRIVACY; PHOTO & VIDEO RELEASE. The Gym will collect and use the Member’s personal information provided in this Agreement for the purpose of providing membership services. Member authorizes the Gym, and their authorized designees to contact them at the mailing address, phone number, or e-mail address set forth on the face of this Agreement. The Member grants the Gym permission to photograph, videotape, and record their likeness and voice in connection promotional, advertising, and educational purposes of the Gym, without any compensation to the Member. The Gym may put the Facility under 24-hour recorded video surveillance, which may be retained by the Gym for subsequent review, and Member access usage may be logged.INDEMNIFICATION. The Member agrees to indemnify, defend, and hold the Gym and its Indemnitees harmless from any and all claims, suits, actions, loss, injury, or damages of any kind whatsoever, including attorney’s fees and any related costs, brought by the Member or any third party pursuant to any claims made by the Member or any other third party due to Member’s use of the Facility or otherwise arising from or in connection with this Agreement or the Member’s Membership Plan.SEVERABILITY. In the event that any provision contained within this Agreement is be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties.ENFORCEMENT; GOVERNING LAW. Should this Agreement need to be enforced by an attorney for the violation of any provision contained herein, the parties agree the Gym shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount of attorney’s fees. This Agreement hereto shall be governed and interpreted in accordance with the laws of the State of Iowa.ARBITRATION. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, or any dispute concerning communications that the Member receives following termination of this agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in the city of your club location and state law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Gym contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently Stripe, Inc. MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE GYM ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE GYM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.E-SIGN CONSENT. Certain laws and regulations may require the Gym to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Flex Factory LLC may provide the Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting the Gym, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Flex Factory LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Flex Factory LLC, and to promptly notify the Gym of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Flex Factory LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Flex Factory LLC will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to Flex Factory LLC. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings. Any modifications to this Agreement must be made in writing and signed by both parties. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

[Signature page follows]

I, THE UNDERSIGNED MEMBER, AFFIRM THAT I AM THE AGE OF 18 YEARS OR OLDER (OR HAVE THE PERMISSION OF MY CONSENTING PARENT OR GUARDIAN), AND THAT I AM FREELY SIGNING THIS AGREEMENT. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE WAIVER AND RELEASE OF LIABILITY PROVIDED HEREIN, AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I MAY OTHERWISE HAVE. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT ANY INDUCEMENT.

IF MEMBER IS UNDER 18, PARENT/GUARDIAN CONSENT IS REQUIRED. BY SIGNING BELOW, I CONSENT TO MY MINOR CHILD BECOMING A MEMBER OF THE GYM ACCORDING TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT.