TERMS AND CONDITIONS
Introduction. At Munsch Fitness, part of Munsch Fitness LLC, ("Munsch Fitness," "our" or "we"), we have adopted policies, procedures, rules and regulations ("policies") designed to provide for the safe, enjoyable and healthy use of our premises and events by you-our members and guests.
These policies apply to your conduct on Munsch Fitness's premises, which include its center and all outdoor areas, including its parking lots, sidewalks, and turf ("premises") or any use of Munsch Fitness's online, mobile or interactive offerings or websites. They also apply to your conduct during its programs, training, events or other Munsch Fitness-sponsored activities off the premises ("events").
These policies supplement those posted or otherwise provided in our centers, on our web or mobile sites or at our events. In some instances, the law may establish different requirements applicable to a certain center and may not be called out here. To the extent of a conflict with other policies, the more restrictive policy applies.
If you violate any of these policies, your membership or center access may be suspended or terminated. Our decision on all questions regarding construction or interpretation of these policies is final.
We may change these policies at any time without notice in our sole discretion. You may find the most recent version of these policies at www.munschfitness.com and/or receive a copy at the Front Desk during Front Desk Hours. As a member or guest of Munsch Fitness, you are responsible to review and comply with these policies at all times.
Proper Conduct. We strive to uphold a safe, fun, family-oriented environment. As such, we expect proper, respectful conduct on the premises at all times. We do not permit disrespectful conduct toward our members, guests, employees ("Team Members"), vendors or property including, including but not limited to vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
Weapons. You may not bring or use weapons of any kind on the premises for any reason.
Proper Attire. You must wear proper attire at all times, including shirts and shoes, unless noted in a specific area. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed on premises.
Membership Keys and Check-In. As a member, you may not enter the center without your membership key, whether electronic or physical, which you must present to the front desk to be swiped upon entry. Because access to Munsch's centers varies by membership level, you must have the required membership, in good standing, in order to access a center. MEMBERs who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours. If you lose your membership key, you may have to pay a fee to replace it. Please return your membership key on your last day of access. Failure to do so will result in a replacement fee.
Personal Belongings. You must store all workout bags, coats and personal belongings in a locker. Be sure that your locker is secured before you leave it. You must keep your locker key with you at all times without exception, including while showering; do not leave your locker key unattended at any time, such as by pinning it to a towel. If you use a lock without a key such as a combination lock, you are responsible for remembering your locker number and combination. You may use our lockers only while you are on the premises; you may not leave any personal belongings in a locker overnight. Do not bring or store any valuables on the premises, including watches, jewelry or large amounts of cash. Do not leave valuables in plain view in your vehicle. Be sure your vehicle is locked. We are not liable or responsible for any lost, stolen or damaged personal property, whether from lockers, vehicles or other locations on the premises. Please inquire in person at the Front Desk for lost articles that may have been found. Phone inquiries regarding lost items are not allowed.
Locker Rooms. We expect proper etiquette in our locker rooms. You may not spit, sleep or engage in any sexual conduct in our locker rooms. You may not shave in, or use in the nude, the sauna. You may not work out or wear rubber suits or excessive clothing in the sauna. You must dispose of towels in the designated container. You may not use an electronic device equipped with a camera in our locker rooms.
Injuries. If you are injured while on the premises, please seek immediate assistance from a Munsch Fitness Team Member. A Team Member can provide or arrange for appropriate medical assistance and complete an incident report.
Physical Examination. We strongly encourage that you have a complete physical examination prior to beginning any new exercise or nutrition program.
Training Services. Our personal training services include instruction, coaching, advice, lessons or demonstration concerning physical exercise, physical fitness, exercise strategies, nutrition, wellness, fitness products, fitness equipment and other fitness-related activities by personal trainers, nutrition coaches, teaching pros or other instructors ("personal training"). Personal training services are available to members, typically for a fee per session, upon completion of a Fitness Program Agreement.
No Personal Training by Members or Guests. You may not solicit or conduct on the premises any personal training as defined above, with or without compensation. Munsch Fitness retains sole discretion to determine whether a member or guest is engaged in personal training.
Solicitation. Unless expressly authorized by Munsch Fitness LLC, you may not solicit-whether in person or in writing-any members, guests or Team Members on the premises or during off-premises events, including but not limited to solicitations for political or religious purposes, media interviews, business opportunities, or competitive products or services. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
Cell Phones and Other Mobile Devices. Cellular phones and other mobile devices may not be used in photographic or video mode in any locker room, sauna, or other private area of the center such as the tanning rooms. Additionally, no calls may be placed or taken in any locker room, sauna, or other private area. Please use common courtesy when using mobile devices in other areas of the center.
Photography. Professional photography and recording of video on the premises is not allowed without the advance approval of Munsch Fitness LLC. Personal photography is allowed in public areas of the club only. You must have consent to photograph any other member, guest or Team Member. No photography or cameras of any kind are allowed in any locker room or other private area of the center such as the tanning rooms. MEMBER understands MEMBER may be photographed at the CLUB. By execution of this Agreement, MEMBER agrees to allow MEMBER’s photo, video or film likeness to be used for any legitimate purpose by the CLUB and by Munsch Fitness, LLC, and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to Munsch Fitness, LLC.
Surveillance. This facility is under 24-hour recorded video surveillance, which may be retained by the CLUB for subsequent review, and MEMBER access card usage is logged.
Food. You may not bring your own food into the center, but you may bring clear non-alcoholic liquids in closeable, unbreakable bottles, including shaker containers.
Alcohol. You may not consume alcohol on the premises unless it is purchased from or otherwise provided by Munsch Fitness, and only then in designated areas. You may not use our equipment, services or programs while under the influence of alcohol.
Drugs. You may not use, possess or sell any illegal drug on the premises, including but not limited to anabolic steroids or other illegal growth-enhancing substance. You may not use our equipment, services or programs while under the influence of illegal drugs. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises. You should not use, or should stop using, any equipment, service or program if your prescription medication adversely impacts or influences your ability to safely use it.
Smoking. You may not smoke, chew or use any other tobacco or electronic cigarette products on Munsch Fitness's premises including any outdoor areas (e.g., sidewalks or parking lot), or at Munsch Fitness's events.
Center Closure or Access Restrictions. We reserve the right to close or restrict access, without advance notice, to any area of or the entire center or premises for any reason, including but not limited to closures or restrictions related to construction, remodeling, repair, or maintenance (whether planned or unplanned) or for health or safety reasons, including but not limited to weather, natural disasters, power outages, and medical issues. Your obligation to pay membership dues is not dependent upon usage, availability or access to the center.
Illness. You may not enter the premises if you have a contagious illness that may be transferred through ordinary use of our equipment, services or programs. You must cover exposed lesions or rashes.
Animals. You may not bring any animal on the premises unless it is a service animal performing its duties in the care of a person who requires its assistance or is an on-duty law enforcement animal ("exempt animals"). All exempt animals must be licensed, vaccinated and have identification tags (where applicable); must remain leashed or caged and under a non-Munsch Fitness responsible person's control at all times; and must be removed immediately if it causes a disturbance, interrupts the work of others or poses a health or safety risk to those who are exposed to it. The animal's owner must promptly remove animal waste and is liable for any damage caused by the animal.
Damage to Center. You may not damage the center in any way, including but not limited any damage to, or theft of, exercise equipment, towels, supplies or other center property, such as balls breaking lights. If you, or a guest, youth member or junior member on your membership, damages the center, you must pay for it.
Parking. You may only park in designated Munsch Fitness areas or areas deemed usable by the parking document available from the Front Desk. If using bicycle rack, you are responsible for the security of the bicycle, including proper security chains and locks.
Non-members. Munsch Fitness center and its programs, services, amenities, benefits, programs, classes, events, are for members only or guests of members as permitted by our Guest Policy. Furthermore, if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
Failure to use services. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
Munsch Fitness offers various memberships. Our membership levels, prices, dues, fees, amenities, benefits, programs, classes, events amenities are subject to change or termination at any time. Munsch Fitness retains complete control over all matters affecting or relating to its members or memberships, including but not limited to any documentation or information that may be required of members or guests such as proof of joint financial obligations, cohabitation, familial/guardianship status, age, or residency.
Disabled Members. We welcome disabled members to use our center. If a disabled member must be accompanied by a non-member assistant or caretaker to reasonably accommodate the member's use of the center, we require both parties to sign an agreement related to such use of the center. For more information, please visit the Front Desk.
Default and Late Payments: Should you default on any payment obligation as called for in this agreement, the CLUB 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 ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee in the amount of $10. An additional service fee will be charged for any draft, credit card, or order returned for insufficient funds or any other reason. If the MEMBER is paying monthly dues by Electronic Funds Transfer (EFT), the CLUB’s Designated Billing Company ??? reserves the right to draft via EFT all amounts owed by the MEMBER including any and all late fees and service fees. Subject to appropriate State and Federal Law. (NOTE: MEMBERs paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped. This will not affect any other provisions of this agreement.)
Membership Card Replacement Fee. If the membership card needs to be replaced for any reason or if membership card is not returned upon last day of access, a $10 replacement fee will be charged.
Right to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. We may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
Right to Change Designated Billing Company: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.
Membership Changes and Information. Subject to applicable restrictions, you may make changes to or obtain information about your membership after you have joined Munsch Fitness, such as changing your EFT or credit/debit account, adding or removing members, or upgrading or downgrading membership levels. You must make membership changes or request membership information in person at the center, not by phone, email, fax or online. We may collect service fees on or about the date you make the membership change, or on the next scheduled EFT from the designed bank account or credit or debit card on file for your membership. Fees are subject to change by Munsch Fitness at any time. To make a change to or obtain information about your membership, please visit the Front Desk. Generally, members may make changes or obtain information about a membership as follows:
Primary members. The designated primary member is typically the EFT Account holder or credit/debit card holder. The primary member may cancel the entire membership, add or remove any members on the membership, change the EFT Account or credit/debit account, obtain his or her own membership information (center usage, payment or EFT history), and make payments on the membership.
If the EFT Account holder is a non-member, that person or corporation may change the EFT Account or credit/debit account, cancel the entire membership, obtain EFT payment history only, or make payments on the membership.
Membership Freeze Policy: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from 30 to 90 days at a time. We may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the CLUB, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term. Military Member: If at any time during the term of your agreement, you are deployed or assigned to active duty, the CLUB will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period.
Members may not obtain membership information upon request other than as provided above. Specifically, without valid legal process, members or guests may not obtain other private, confidential, privileged and/or proprietary internal business information, including but not limited to incident reports, video surveillance footage, or membership-related photographs. Please direct any subpoena or other legal process requesting such information to the Munsch Fitness legal department. We reserve the right to disclose such information in our sole discretion to aid the law enforcement process or as otherwise required or permitted by law.
Member Obligations: (1) MEMBER agrees to abide by all CLUB policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the CLUB promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
I understand the risk of injury from CLUB activities and using any CLUB equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and other products and machines and exercising alone without the aid and presence of CLUB staff on the premises. In addition, I acknowledge that club activities may include outdoor activities which may present additional risks, such as slippery surfaces, uneven surfaces, loose rock or gravel, and unseen roots and other items. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Munsch Fitness, LLC and its affiliates, ???, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment products and machines or the facilities of the CLUB, or any indoor or outdoor exercise program offered at or by the CLUB, or any incident that occurs while using such facilities, or otherwise related to my membership.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.