The undersigned (“Member”), desires to become a member of “Wheatland Fitness," and agrees to the following terms and conditions:
1. PARQ. Member represents and warrants that all facts in the Physical Readiness Questionnaire (PARQ) submitted by Member are true and correct. The PARQ is incorporated herein by reference and made a part of this Agreement
2. Payment of Membership Fees. Monthly automatic bank draft via checking account, credit or debit card shall be processed on the monthly anniversary of the Member's enrollment date. All payments to Wheatland Fitness are final and can be made by one of the following options: All new members are subject to a one time enrollment fee of $49 and an annual fee of $59, billed after the first 60 days of enrollment and then 12 months after.
If an existing or new member enrolls with a child or spouse under the same account, the new enrollee enrollment fee is waived.. The main account will be responsible for paying for all memberships under their account. If Main Account or any additional account cancels within 30 days of adding new member, they are liable to pay the waived enrollment fee for all members, including those that did not cancel. Membership rates and policies may change at any time. In the event of a membership rate and/or policy change, members will be notified at least 30 days in advance. The latest communications from “Wheatland Fitness” supersede any pricing mentioned in this contract. All membership types will auto-renew at the end of the term. Memberships are not transferable or refundable.
Monthly Draft Payment: Monthly automatic bank draft via bank account. Under this option, a payment of $60 must accompany the Agreement. Any discounts will be applied on future bills after staff verification of eligibility. Member agrees to pay the membership fee each month thereafter through automatic withdraws from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Payment will be taken out on the same calendar day of each following month of enrollment.
Annual Payment: Annual (12-month) memberships are available via cash, credit card, debit card, or bank draft. Under this option a total of $660 shall accompany the application at a rate of $55 per month for 12 months.
3. Term. All memberships of Wheatland Fitness are either month-to-month or Annual.Annual payments (when paid in full), and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of Wheatland Fitness, or by electronic means (i.e. email). No refunds will apply. If member cancels before a rate increase is in effect (within 30 days of notice) they shall be liable to pay the former rate before cancelling. If member cancels after the rate increases, they will be liable to pay the new rate prior to cancellation. Member will have access to the facility for the remaining 30 days after their notice of intent to cancel.
4. Default/Remedies. Any monthly 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.
5. Personal Training. Wheatland Fitness at times offers personal training. Should Member wish to make arrangements for personal training in the facility, it must be done through one of our approved trainers and payment must be submitted to Wheatland Fitness, not the trainer. No member of Wheatland Fitness who is a personal trainer shall represent himself or herself to be an employee or an affiliate of Wheatland Fitness in any way other than as a member of the facility without a written agreement with Wheatland Fitness. Members may not host independent personal training at this facility.
6. Release and Waiver of Liability. Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of the joints. Exercise beyond ones physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify and hold harmless Wheatland Fitness against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage caused by actions of the member or other members. Member further agrees to release Wheatland Fitness and its owners, officer, agents, managers, employees and/or affiliates from any and all liability arising out of injury to a Member, and further agrees to defend, indemnify and hold Wheatland Fitness, its owners, officers, managers, employees and/or affiliates free and harmless from against the same.
7. Photo on Profile and Surveillance. Member agrees to upload a clear profile photo to identify themselves. At the gym’s sole discretion, if determined member cannot be sufficiently identified via photo they can be barred entry. Member acknowledges video surveillance and consents to being photographed and/or recorded for such purposes. Member acknowledges that Artificial Intelligence (AI) will be used to determine if the member on file is the member who entered the building. A human may also review.
8. Tailgating Members will not tailgate or assist in any person(s) tailgating. Tailgating is defined as holding the door open for another person to enter, after unlocking. Regardless if the other person is a member, tailgating is strictly prohibited. Repeated offenses can result in a fine of up to $250 per offense, and eventual member termination.
9. Rules and Regulations: Member acknowledges that Wheatland Fitness operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time without prior notice, in the sole discretion of Wheatland Fitness. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes: A) Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by Wheatland Fitness. B) All equipment shall be wiped down by Member after each use, with the supplies provided by Wheatland Fitness. C) Member will not misuse the equipment. D) All members must be at least eighteen (18) years of age, unless otherwise authorized by Wheatland Fitness. D) Members 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 facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by Wheatland Fitness, 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 Wheatland Fitness. E) Wheatland Fitness shall not be responsible for any lost or stolen items.
10. Prohibited Activities. Alcohol, drugs, and smoking are prohibited within the facility. Member agrees not to use the facility or engage in any activity at Wheatland Fitness while under the influence of drugs, alcohol, or medication that may impair Member’s ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the facility without the express written consent of Wheatland Fitness’s management. Wheatland Fitness reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the facility. Wheatland Fitness requires that all members wear appropriate clothing and footwear while in the facility. At Wheatland Fitness discretion, any behavior that we feel is inappropriate may result in the refusal of service with no refund. This includes but is not limited to inappropriate behavior seemingly related to drugs or alcohol, sexual comments/remarks, racism, bigotry, homophobia, xenophobia and general harassment.
11. Unstaffed Consent. Member acknowledges that there is no guarantee of staff on premise. There are no staffed hours, and staff presence is sporadic and not in any way guaranteed. Member acknowledges there will be times where they are alone in the facility. Member assumes any and all risk by attending an unstaffed facility and will use their best judgment while occupying the building. Wheatland Fitness is not liable for any emergencies that arise due to the unstaffed nature of the business.
12. Extended Facility Use and Loitering. Membership and facility use must be for legitimate exercise and fitness purposes. Extended occupancy—even without disturbing other members or staff—may be reviewed by management. Management reserves the right, in its reasonable discretion, to limit or terminate access if a member’s use is excessive in duration, interferes with facility operations, or is otherwise inconsistent with the intended purpose of membership. Loitering is prohibited and includes, but is not limited to, remaining on the premises for extended periods without actively engaging in fitness activities. Staff may make reasonable determinations regarding facility use and loitering based on these standards.
13. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns. All members must adhere to this contract. Refusal to sign can bar entry.
14. Entire Agreement. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or refund to in this Agreement and communications from Wheatland Fitness. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
15. Governing Law. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the state of California.
16. Suspension and Termination. Member understands that Wheatland Fitness may suspend or terminate membership at any time, in its sole and absolute discretion, and that in so doing, Wheatland Fitness assumes no further liability to adhere to the terms of this Agreement. Member acknowledges that access to facility, and key fob may be shut off for any violation of “Wheatland Fitness” policies, including but not limited to unsigned waiver, missing email and phone number, missing address, or no credit card on file.
17. No Cash Payments. Member acknowledges that cash payments are not accepted, and having a card or ACH on file is required to use the facility. In special circumstances, at Owner’s sole discretion, “Wheatland Fitness” may occasionally accept cash payments, however this is understood to be a gesture of goodwill and will not be sufficient for continued membership overtime. There is no guarantee of cash being accepted whatsoever.
18. Addendum Clause. All terms of this agreement are subject to change and will follow any communications sent out by Wheatland Fitness. If member does not cancel within 30 days of an addendum, they are assumed to consent to changes and will be bound by those terms. Any changes not tied to financial responsibilities of the member will be subject to immediate change. Any changes related to financial responsibilities of the member will be subject to 30 days notice. If member continues their agreement, they will be bound by the addendum, and cannot reference an outdated waiver. Latest communications from Wheatland Fitness (via text/email) will supersede this waiver. Member acknowledges that missing a text or email communication is not sufficient to nullify the implied agreement. The email and phone number, or lack of, on file are assumed to be the current communication avenue of the member. It is solely the member’s responsibility to ensure their contacts are up to date. Errors of this nature, including but not limited to “do not contact lists” or messages being sent to spam, do not create special circumstances, and the addendums will still be imposed over the current agreement. Addendums will eventually be codified into a formal contract. Member’s refusal to sign the addended contract does not enforce the former contract, as the latest communication from Wheatland Fitness always supersedes the existing contract. If a formal addended waiver is sent out, member may not access facility until latest waiver is signed, but is still subject to all policy changes not formalized in the waiver, but communicated via text/email. Member has the right to request a formalized copy of the new waiver after any email communication, and is subject to a 7 business day waiting period. Member agrees to all terms and addendums during the request period.
19. Point of Contact. Member acknowledges that all forms of communication, address, etc. are accurate. It is the member’s sole responsibility to ensure these details are up to date.
20. Transfer of Ownership/DBA. Member understands that “Wheatland Fitness” is a fictitious business name, and if that name ever changes, or the Fitenss Center is transferred to a new owner, all terms remain the same. Member agrees to all terms, regardless of what business name “Wheatland Fitness” uses in the future, or what entity owns the business, or if both the DBA and entity change.
21. Acceptance of Terms. As a Member, I understand that I am entitled to use the facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the facility. I agree to promptly update Wheatland Fitness of any change In my contact information or change in draft payment information. The initial or minimum length of the term of the contract is one month, renewed monthly, unless the Member elects Annual membership, in which the initial or minimum length of the term of the contract is one year, renewed yearly.