Membership – Liberty Barbell

Liberty Barbell Membership Agreement

This form serves as the official membership agreement for Liberty Barbell. By completing and submitting this agreement, you acknowledge and accept the terms, policies, and responsibilities associated with membership. Please review all sections carefully before signing, as this agreement outlines important information regarding facility use, billing, conduct, and member expectations.

By typing your name, initials, or other required information where indicated, you agree that this action constitutes your electronic signature and has the same legal effect as a handwritten signature.

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status.

General Information

First Name

Last Name

Middle Initial

Email Address

Street Address

City

State

Zip

Primary Phone

Secondary Phone

Birthday

Gender

MEMBERS WITH CLUB ACCESS

Primary Member

Primary Member Birthday

Primary Member Gender

Family Member 1

Family Member 1 Birthday

Family Member 1 Gender

Family Member 2

Family Member 2 Birthday

Family Member 2 Gender

Family Member 3

Family Member 3 Birthday

Family Member 3 Gender

This Contract covers the purchase of a membership in LB Dallastown (hereinafter “Home Gym”), 401 E Locust St, Dallastown, Pa 17313.

Select Membership Type

Rate guarantee fee

You agree to pay a fee of $20.00 to the club billable on your fourth month of your membership and that same month every year.

Notice of dues renewal Fee

This Membership Agreement (this “Agreement”) will renew on a month-to-month basis at the end of the initial term referred to above, with monthly dues to be paid in the amount equal to the dues in effect at that date. Liberty Barbell reserves the right to change the amount of dues and charges payable hereunder at any time after the end of the initial term referred to above. Member may cancel this Agreement at any time after the initial term referred to above by giving a 30-day written notice prior to monthly dues date by sending certified mail, return receipt requested to: Liberty Barbell, 401 E Locust St, Dallastown, Pa 17313, subject to a $29 cancellation fee.

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

BUYER’S RIGHT TO CANCEL

If you wish to cancel this contract, you may cancel by delivering or mailing by certified mail, return receipt requested, writ-ten notice to Liberty Barbell. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12 midnight of the third business day after you sign and receive a copy of this contract. This notice must be delivered or mailed to: Liberty Barbell, 401 East Locust St, Dallastown, PA 17313. In some cases, you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, the health club may be entitled to a certain portion of the contract price. If the health club goes out of business and refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details read your contract carefully. Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorneys.

NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSE WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

LEGAL GUARDIAN

Any Member who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) co-sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such Member hereunder and shall be bound by all terms and conditions of this Agreement.

Name of Legal Guardian

Legal Guardian Address

Guaranty

Any guarantor who signs below (“Guarantor”) guarantees the full payment of all amounts owed to Liberty Barbell under this Agreement. This is a guarantee of payment and not collection and will be effective without notice of acceptance by the beneficiary hereof. This is a continuing guaranty. Liberty Barbell may extend the time allowed for payment, modify this Agreement and release other parties to this Agreement without affecting the obligation of Guarantor hereunder.

Guarantor’s Name

Guarantor’s Address

Please review this Agreement carefully before submitting this form. The terms contained within this Agreement constitute a legally binding contract upon acceptance by Liberty Barbell. By submitting this form, the Member acknowledges and agrees that:

(A) this Agreement will become legally binding upon acceptance by Liberty Barbell;
(B) the Member has reviewed and accepts the gym facilities in their current condition;
(C) Liberty Barbell makes no representations or warranties, express or implied, except as expressly stated in this Agreement; and
(D) the effective date of membership shall be within six (6) months of the Member’s submission date.

The Member is entitled to a completed copy of this Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior written or oral agreements relating to its subject matter.

Acceptance

By checking this box, I confirm that I have read, understand, and agree to all terms and conditions of this Agreement and all general terms presented on this page, and acknowledge that my electronic submission constitutes my legal acceptance.

Member Signature

Member Signature Date

Legal Guardian Signature

Legal Guardian Signature Date

Guarantor Guardian Signature

Guarantor Guardian Signature Date

Additional Terms and Information

GENERAL: Member has joined the Home Gym designated on the reverse side of this Agreement (the “Home Gym”). Liberty Barbell may allow Member to use other Liberty Barbell facilities at its sole discretion. Liberty Barbell reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by Liberty Barbell and may be changed at any time in its sole discretion. Liberty Barbell expressly reserves the right to add to, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of Liberty Barbell. Membership does not confer on Member any ownership interest in Liberty Barbell or any of its property.

RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of Liberty Barbell’s equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member acknowledges receipt of a copy of the Rules and Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Liberty Barbell reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Liberty Barbell may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Liberty Barbell in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation.

POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Liberty Barbell’s facilities, unless such a document is first submitted and approved by the management of Liberty Barbell.

LIABILITY FOR PERSONAL PROPERTY: Liberty Barbell shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Liberty Barbell’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Liberty Barbell for any damage to Liberty Barbell’s facilities or any equipment, furniture or fixture located thereon caused by Member or any Member’s guests or invitees.

PAYMENT DEFAULT: If Member fails to pay any amount when due under this Agreement. Liberty Barbell shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Liberty Barbell that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to Liberty Barbell when due, Member shall pay all costs and expenses of collection incurred by Liberty Barbell, including reasonable attorney’s fees and expenses.

RECEIPT OF AGREEMENT: Until Liberty Barbell has provided the member with a signed copy of this Agreement written in full compliance with the Health Club Act, the member may cancel the contract at any time.

CANCELLATION: The member may cancel this Agreement without penalty within three business days of its signing and the buyer receiving a fully completed copy of the Agreement. Upon receipt of cancellation under this paragraph Liberty Barbell shall refund to the member all moneys, including initiation fee, paid under the contract.

CLOSURE: If Liberty Barbell temporarily closes for 30 days or less, the buyer shall receive an extension of the membership term equal to the period during which Liberty Barbell is closed. The member may cancel this contract if Liberty Barbell closes for more than 30 days and Liberty Barbell fails to provide a comparable facility within ten miles of the location designated in Liberty Barbell contract. Upon receipt of notice of cancellation under this paragraph, Liberty Barbell shall refund to the member all monies paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term. Under this contract, no further payments shall be due to anyone, including any purchase of any note associated with or contained in this contract, if Liberty Barbell ceases operation and fails to offer a comparable alternate location within 10 miles. If Liberty Barbell goes out of business, goes bankrupt or a breach of contract occurs, you may be entitled to collect a refund.

Cancellation Procedures: In the event of any such cancellation described in the preceding paragraph, Member shall be relieved from the obligation of making payment for services other than those received prior to the effective date of cancellation and Member shall be entitled to a prorated refund for any unused portion of any prepaid dues or initiation fees. To affect any such cancellation, Member must deliver written notice to Liberty Barbell in accordance with the provisions regarding notices set forth under “Miscellaneous”, below. Such notice shall be accompanied by any membership cards or other documents, or evidence of membership previously delivered to Member. Cancellation shall be effective on the next monthly dues payment date (provided, that any such notice of cancellation that is not received by Liberty Barbell at least 30 days prior to such next monthly dues payment date shall be effective on next succeeding monthly dues payment date). Member’s account must be current and in good standing before Liberty will process any such request to cancel. All money to be refunded upon cancellation of Liberty Barbell contract shall be paid within 40 days of receipt of the notice of cancellation; and if the buyer has executed a credit, lien or automatic funds transfer agreement with Liberty Barbell to pay for health club services, any negotiable instrument or credit or lien agreement executed by the member shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation.

No Other Right to Cancel, Including for Non -Use of Facilities: This Agreement is not cancelable by Member except as expressly provided above including, without limitation, by reason of Member’s failure to utilize the facilities of Liberty Barbell.

HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Liberty Barbell that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Liberty Barbell’s facilities. Member acknowledges that Liberty Barbell has not given Member any medical advice before Member joined Liberty Barbell and cannot give Member any such advice after Member joins Liberty Barbell, whether related to Member’s physical condition and ability to use the facilities and services of Liberty Barbell or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional before using Liberty Barbell’s facilities.

WAIVER OF LIABILITY; ASSUMPTION OF RISK: Member acknowledges that the use of Liberty Barbell’s facilities, equipment, services and programs involves an inherent risk of personal injury to Member and Member guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member’s spouse, children, unborn children, other family members, guests or invitees and waives any and all claims or actions that Member may have against Liberty Barbell, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury (and no such person shall be liable for to Member, Member’s spouse, children, unborn children, other family members, guests or invitees for any such personal injury), including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, running tracts, swimming pools, hot tubs, courts or other areas of any Liberty Barbell, (iii) injuries or medical disorders resulting from exercising at any Liberty Barbell, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injury Liberty Barbell does not manufacture any of the fitness or other equipment at its facilities and (y) spas, saunas showers and dressing rooms. Member acknowledges that (x) Liberty Barbell does not manufacture any of the fitness or other equipment at its facilities and (y) Liberty Barbell does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Liberty Barbell, any of its subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify each of Liberty Barbell, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any Losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member’s membership.

MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Pennsylvania without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Liberty Barbell. Consent may be withheld in Liberty Barbell’s absolute discretion, (iv) if any term or provisions of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to Liberty Barbell hereunder shall be given by personal delivery to the General Manager of Liberty Barbell or by certified mail, return receipt requested, addressed to Liberty Barbell at the address set forth at the beginning of this Agreement, to the attention of the General Manager.

Liberty Barbell. or any related entity is not the owner or operator of this Liberty Barbell facility. The owner of this facility has been licensed by Liberty Barbell to use the Liberty Barbell marks in connection with its operation. Neither Liberty Barbell nor any related entity is contractually or otherwise liable to you being that the owner is liable for debts and obligations of this facility.

Contact. Member affirms, acknowledges, and attests that Member’s mailing address, telephone number, cellular telephone number and e -mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Liberty Barbell including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Liberty Barbell.

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, 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 the city of your club location and state of your club location 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 Club contracts in order to fulfil its obligations or exercise its rights under this Membership Agreement.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB 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 Liberty Barbell 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 Liberty Barbell may provide 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 Liberty Barbell and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Liberty Barbell. 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 Liberty Barbell and to promptly notify Liberty Barbell 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 Liberty Barbell. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, 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. Members acknowledge that it 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 Liberty Barbell 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 Liberty Barbell.