MEMBERSHIP AGREEMENT AND TERMS & CONDITIONS

Effective Date: [Insert Date]
Business Name: TRFOne LLC (DBA Gather Athletic Club)
Address: 1900 Market Street, Pennsylvania PA 19103
Phone: 774-306-2666
Email: info@gatherathleticclub.com

1. Agreement

This Membership Agreement and Terms & Conditions ("Agreement") is entered into between [Gym Name, LLC] ("Gym," "we," "us," or "our") and the individual signing this Agreement ("Member," "you," or "your").

By enrolling in membership, purchasing services, accessing the facility, or participating in programs, you agree to comply with the terms of this Agreement, all facility rules, and any policies posted or communicated by the Gym.

2. Membership Eligibility

Membership is available to individuals who:

  • Are at least 18 years of age; OR

  • Are between the ages of 13 and 17 with signed parental or legal guardian consent

The Gym reserves the right to verify identity and age at any time.

3. Membership Services

Membership may include access to:

  • Strength and conditioning equipment

  • Group fitness classes

  • Training programs

  • Open gym access

  • Special events or competitions

  • Additional services as offered by the Gym

Specific services included in membership may vary based on the selected membership plan.

4. Membership Fees and Payment Terms

A. Fees

You agree to pay all membership fees, program fees, and charges associated with your account, including:

  • Monthly or recurring membership dues

  • Enrollment or initiation fees

  • Late fees

  • Cancellation fees (if applicable)

  • Retail purchases, merchandise, and supplements

  • Specialty program or event fees

All fees are subject to change with reasonable notice.

B. Automatic Billing Authorization

By providing payment information, you authorize the Gym and its payment processors to automatically charge your payment method for all applicable fees.

Charges may occur:

  • On a recurring monthly basis

  • At the time of purchase

  • Upon renewal of membership

You agree to maintain valid payment information on file at all times.

C. Failed Payments

If a payment is declined or returned:

  • Your account may be suspended

  • Late fees may be assessed

  • Access to services may be restricted

The Gym reserves the right to pursue collection of unpaid balances.

5. Membership Term and Renewal

Membership may be structured as:

  • Month-to-month

  • Fixed-term agreement

  • Class package

  • Promotional or trial membership

Unless otherwise stated, memberships automatically renew at the end of each billing cycle until canceled in accordance with this Agreement.

6. Cancellation and Termination

A. Member Cancellation

Members may cancel membership by providing written notice in accordance with Gym policies.

Cancellation requirements may include:

  • Advance notice period (e.g., 7–30 days)

  • Payment of outstanding balances

  • Return of borrowed equipment or property

Cancellation becomes effective at the end of the applicable billing cycle.

B. Gym Termination Rights

The Gym reserves the right to suspend or terminate membership immediately for:

  • Violation of facility rules

  • Unsafe or inappropriate behavior

  • Harassment or misconduct

  • Nonpayment of fees

  • Misuse of equipment

  • Fraud or misrepresentation

  • Conduct that threatens safety or property

No refunds will be issued for termination due to rule violations.

7. Refund Policy

Unless required by law or expressly stated otherwise:

  • Membership fees are non-refundable

  • Unused sessions or classes are non-refundable

  • Retail purchases may be subject to a separate return policy

The Gym may, at its sole discretion, issue refunds or credits in exceptional circumstances.

8. Assumption of Risk

You acknowledge that participation in fitness activities involves inherent risks, including but not limited to:

  • Muscle strains or sprains

  • Falls

  • Equipment-related injuries

  • Cardiovascular events

  • Serious injury or death

You voluntarily assume all risks associated with participation in fitness activities, use of equipment, and presence within the facility.

9. Waiver and Release of Liability

As a condition of participation, you agree to sign a separate Waiver and Release of Liability document.

That waiver is incorporated into this Agreement by reference and remains fully enforceable.

Failure to sign a required waiver may result in denial of access to services or facilities.

10. Health and Medical Responsibility

You represent that:

  • You are physically capable of participating in fitness activities

  • You have consulted a physician if necessary

  • You will immediately stop activity if you experience pain, dizziness, or discomfort

You agree to inform the Gym of any medical conditions or injuries that may affect safe participation.

The Gym does not provide medical services or medical advice.

11. Facility Rules and Code of Conduct

Members agree to comply with all facility rules, including but not limited to:

  • Use equipment safely and as intended

  • Follow staff instructions

  • Maintain respectful behavior

  • Wear appropriate attire and footwear

  • Return equipment after use

  • Maintain cleanliness and hygiene

  • Respect other members and staff

  • Refrain from harassment, discrimination, or abusive conduct

Violation of rules may result in suspension or termination of membership.

12. Personal Property

The Gym is not responsible for lost, stolen, or damaged personal property.

Members are encouraged to:

  • Secure valuables

  • Use lockers when available

  • Avoid bringing unnecessary valuables into the facility

13. Security Cameras and Surveillance

The facility uses video surveillance for safety, security, and operational purposes.

By entering the facility, you acknowledge and consent to video recording.

Video footage may be used for:

  • Safety monitoring

  • Incident investigation

  • Theft prevention

  • Risk management

  • Insurance and legal purposes

14. Photography, Video, and Media Use

The Gym may capture photographs or video within the facility for:

  • Marketing and promotional purposes

  • Social media content

  • Event coverage

  • Educational materials

By participating in activities at the Gym, you grant permission for the Gym to use your image or likeness unless you provide written notice opting out.

Parents or guardians may opt out on behalf of minors.

15. Privacy and Data Use

Your personal information is collected and used in accordance with the Gym's Privacy Policy, which is incorporated into this Agreement by reference.

The Privacy Policy explains:

  • What information we collect

  • How information is used

  • How information is protected

  • Your rights regarding personal data

A copy of the Privacy Policy is available upon request and on our website.

16. Minors (Ages 13–17)

Minors may participate only with parental or legal guardian consent.

Parents or guardians agree to:

  • Supervise minor participation when required

  • Ensure compliance with facility rules

  • Accept responsibility for the minor's conduct

  • Sign required waivers and agreements

The Gym reserves the right to restrict access to certain equipment or activities for minors.

17. Retail Sales (Merchandise and Supplements)

The Gym sells fitness-related merchandise and dietary supplements.

By purchasing products, you acknowledge:

  • Products are used at your own risk

  • You are responsible for reviewing product instructions and warnings

  • The Gym is not responsible for misuse of products

Supplement purchases are not intended to diagnose, treat, cure, or prevent medical conditions.

18. Late Cancellation and No-Show Policy

To ensure fair access to classes, training sessions, and programs, the Gym enforces a late cancellation and no-show policy.

A. Late Cancellation

A late cancellation occurs when a member cancels a scheduled class, session, or appointment after the designated cancellation window established by the Gym.

Unless otherwise specified for a particular program, the standard cancellation window is typically:

  • 6–12 hours prior to the scheduled start time for group classes

  • 12–24 hours prior to the scheduled start time for personal training or specialty programs

Late cancellations may result in:

  • A cancellation fee

  • Loss of the session or class credit

  • Temporary booking restrictions for repeated violations

B. No-Show

A no-show occurs when a member fails to attend a scheduled class, session, or appointment without canceling in advance.

No-shows may result in:

  • A no-show fee

  • Forfeiture of the session or class credit

  • Suspension of booking privileges after repeated occurrences

C. Fee Authorization

By maintaining a membership or booking services, you authorize the Gym to charge your payment method on file for applicable late cancellation or no-show fees.

The Gym reserves the right to modify cancellation windows and fees with reasonable notice.

19. Personal Training and Program Terms

Personal training services and specialty programs may be provided by independent contractors or employees who hold appropriate certifications and qualifications.

A. Trainer Responsibility

Each certified trainer is responsible for:

  • Maintaining current professional certifications

  • Carrying any required professional liability insurance (if applicable)

  • Designing and supervising training sessions

  • Ensuring services are delivered in a safe and professional manner

B. Program Policies

Specific policies related to personal training or programs may vary by trainer or program and may include:

  • Scheduling procedures

  • Cancellation windows

  • Session expiration dates

  • Pricing structures

  • Refund policies

  • Client expectations and responsibilities

Members agree to comply with the policies established by their assigned trainer or program provider.

C. Independent Contractor Status

Certain trainers or coaches may operate as independent contractors and are not employees of the Gym.

The Gym is not responsible for the professional judgments, training methods, or services provided by independent trainers, except as required by law.

D. Medical and Fitness Responsibility

Members acknowledge that:

  • Training recommendations are based on information provided by the participant

  • Results are not guaranteed

  • Participation in training programs involves inherent risks

Members agree to communicate openly with trainers regarding injuries, limitations, or health concerns.

20. Facility Closures and Service Interruptions

The Gym may temporarily close or modify operations due to:

  • Maintenance or repairs

  • Weather or emergencies

  • Equipment failure

  • Public health events

  • Staff availability

Closures or interruptions do not automatically entitle members to refunds.

21. Changes to Membership Terms

The Gym reserves the right to modify membership terms, fees, schedules, and policies at any time.

Members will receive reasonable notice of significant changes.

Continued use of services after notice constitutes acceptance of revised terms.

22. Indemnification

You agree to indemnify and hold harmless the Gym, its owners, employees, contractors, and affiliates from any claims, damages, losses, or expenses arising from:

  • Your use of the facility

  • Violation of this Agreement

  • Negligent or intentional conduct

  • Damage to property

23. Dispute Resolution and Arbitration

Any dispute arising from this Agreement shall be resolved through binding arbitration in accordance with applicable law.

Arbitration shall take place in the Commonwealth of Pennsylvania unless otherwise required by law.

Each party shall bear its own legal costs unless otherwise determined by the arbitrator.

24. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

25. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

26. Entire Agreement

This Agreement, together with the Waiver and Release of Liability and Privacy Policy, constitutes the entire agreement between the parties regarding membership and participation.

27. Member Acknowledgment

By signing below, you acknowledge that you:

  • Have read and understand this Agreement

  • Agree to comply with all terms and policies

  • Accept the risks associated with fitness activities

  • Consent to the collection and use of personal information

Member Name: ___________________________

Member Signature: ________________________

Date: _________________________________

Parent/Guardian Name (if minor): ___________________________

Parent/Guardian Signature: _________________________________

Date: __________________________________

Authorized Gym Representative: ___________________________

Signature: _________________________________

Date: __________________________________