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d/b/a BE AWESOME BE STRONG

AMHERST, MA 01002

413-345-5317

BETH@BEAWESOMEBESTRONG.COM


Membership Agreement


Agreement made on the ____ day of _________________, 20____, between BE AWESOME BE STRONG LLC, D/B/A BE AWESOME BE STRONG, a limited liability company organized and existing under the laws of the Commonwealth of Massachusetts, with its principal office located at 160 Old Farm Rd, Amherst, MA 01002, referred to herein as the Health Club, and(Name of Client) _________________________________ ,of ___________________________________________________________________________ ___________________________________________________________________________

(street address, city, county, state, zip code), hereinafter called Client.


Whereas ______________________________ (Name of Client) desires to become a client of the Health Cluband cannot become a client without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;


Whereas, the Health Club provides physical training through private sessions, semi private sessions, small group training, and nutrition counseling. All services are intended to improve the health and wellness of Client; 


Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 


1. Membership Fees, Cancellation, and Hold

All Membership options are listed below. Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership options and fees are as follows:

Personal Training 

  • Single Session - $75.00


Barbell Club Open Gym 

  • Monthly - $75.00
  • Includes access to the gym to come train during our open gym hours
  • attend all general Be Awesome classes.

Strength Team

  • Monthly $150.00 includes
  • resilient athlete coaching (personal training)
  • monthly goal review with your coach
  • access to 45 min small group coaching sessions
  • club membership to come train during our open gym hours
  • attend all general Be Awesome classes.
  • 50% discount on select Special Be Awesome classes

Student Strength Team(must have valid student ID)

  • Monthly $55.00 includes
  • club membership to come train during our open gym hours
  • attend all general Be Awesome classes.

Nutrition Coaching - Monthly - $70.00

Archery

  • Single Private Session - $75.00
  • Monthly class 1x per week for 4 weeks - $150. 


Services under this Agreement will begin on the date the Client signs this Agreement. 

Monthly Memberships: Monthly memberships automatically renew on a billing cycle of every one (1) month from the date of this Agreement. Client understands that upon signing this Agreement, Client is not entitled to any refund or credit of any part of the membership dues unless otherwise provided for in this Agreement or by law. 

Session Based Memberships: Client also understands that individual sessions, such as Coaching check-ins, Nutrition Coaching meetings, automatically renew after the use of each session. All sessions have a one (1) month expiration date. Client is not entitled to any refunds or credits for unused sessions unless otherwise provided for in this Agreement or by law. 

Cancellation Policy: Client may cancel this Agreement at any time by providing written notice to Health Club via email to the email address listed above. All monthly memberships require a thirty (30) day notice of cancellation unless otherwise provided for in this Agreement or by law. Any regular payments scheduled within the cancellation window will be processed.  

Health Club may cancel this Agreement at any time for any reason. 

ADDITIONAL RIGHTS TO CANCELLATION


Client or Client’s estate may also cancel this contract for any of the following reasons:


If upon a doctor's order, Client cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months;


In case of Client’s death;


If the Health Club services to be provided under this contract are not available because the seller fails to open a planned Health Club or location, permanently discontinues operation of a Health Club or location, or substantially changes the operation of a Health Club or location; or


If Client moves either Client’s residence or Client’s place of employment more than twenty-five miles from any Health Club operated by the seller or a substantially similar Health Club which will accept the seller's obligation under the contract.


Membership Holds: Client may not hold or pause an automatic payment at any time for any reason.


Special arrangements, repairs, and maintenance may make it necessary for the Health Club to restrict use of or close. Fees will not be reduced or suspended during the time when the facility is not available. 


Health Club reserves the right to increase membership rates by two-five percent (2-5%) annually with notice to Client.  


2. Waiver of Liability for Unstaffed Open Gym Access to the gym

Client hereby understands and acknowledge that the gym access and equipment as well as training, programs and events held by Be Awesome Be Strong may expose me to inherent risks, including accidents, injury, illness or even death. Client assumes all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me. Client understands that they are using the gym at their own risk during both staffed hours, coaching sessions, classes, and unstaffed hours. Client understand that during unstaffed hours they are using the gym at their own risk.

After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Be Awesome Be Strong LLC furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE BE AWESOME BE STRONG LLC, its officers, agents, employees, organizers, representatives and successors from any responsibility, liabilities, demands or claims of any kind arising out of my participation in Be Awesome Be Strong training, programs and/or events.

By my signature on this waiver, Client indicates that they have read and understand this Waiver of Liability. Client is aware that this is a waiver and a release of liability and they voluntarily agree to its terms.

3. Automatic Payment Authorization

Client represents and warrants that if Client is purchasing something or paying for a service from this Health Club that (i) any credit card, debit card, or bank account draft (ACH Draft) information Client supplies is true and complete, (ii) charges incurred by Client will be honored by Client’s credit card company or financial institution, and (iii) Client will pay the charges incurred by Client at the posted prices, including any applicable taxes, fees, and penalties.


Client hereby authorizes (if online payment is made or autopay information is provided) this Health Club to charge Client’s ACH draft, credit card, or debit card account for the following amounts: (1) Client’s recurring membership dues, and (2) any other fee for other goods/services Health Club provides that Client instructs Health Club to bill to Client’s account on file.


Authorized EFT payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT payments. Client will receive notice if Client’s EFT rate is changing and have the choice of whether to continue or cancel Client’s membership at that time. If tax rates applicable to Client’s account change and alter such Client’s automatic payment in accordance with this Agreement, Client consents to receive notice only if the charge varies by more than 10%. Client may cancel EFT authorization by giving Health Club written notice of termination in accordance with this Agreement. Client agrees to give Health Club notice if Client’s billing or Account information changes. If Client decides to change Client’s billing information, a 15-day notice is required.


4. General Policies

The undersigned Clientunderstands and agrees to the following general policies:


A. Other Service Fees

All services outside of those listed in this Agreement are subject to additional hourly rates, monthly rates, and/or specialty fees.

      

     B. Registration and Cancellations

General classes have a maximum number of spaces for clients. These sessions can be pre-registered for or first come first serve. The Health Club may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice and can be found on the Health Club’s website.


A twenty-four (24) hour notification is required to cancel all scheduled sessions (such as personal training, nutrition, and archery). This cancellation requirement is a no exceptions policy. Failure to cancel any scheduled sessions as required in this paragraph will result in a loss of that session.


If Client is sick, or experiencing any symptoms of illness, Client must cancel any upcoming appointment immediately. Health Club requires Client to be symptom free two (2) days before returning to any exercise program. If a Client comes to an appointment with symptoms of an illness, he/she will be sent home and charged.


C. Participation Agreement 

To ensure Client’s goal(s) are met, it is important to establish specific guidelines. Working with us at our Health Club is a relationship that requires the effort of both parties. Below is a list of responsibilities that you as a Client are required to uphold. It is important to understand that both parties share responsibility in the training program’s final outcome.


  1. I commit to making my health and fitness a priority in my life.
  2. I recognize the importance of maintaining open communication with my trainer(s) and that feedback is critical to my personalized program.
  3. I understand that I may be asked to perform additional exercises on my own outside of training sessions or classes based on my goals and the plan my coach develops for me..
  4. I understand that ultimately that I am responsible for obtaining my goals and that what I do outside of the Health Club can affect my overall health and fitness.
  5. I know that I am worth the effort it will require to reach and maintain my health and fitness goal(s).    
  6. I understand that I must arrive at each session with a positive mindset and prepared to focus on my program.  


5. Attire  

Athletic shoes and clean athletic clothing are mandatory. Members may deadlift in socks. 


6. Conduct

The Health Club is committed to the health, safety, and welfare of each of its clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. All members will be required to read and agree to our Code of Conduct. The Health Clubhas the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any client engaging in unacceptable behavior. 


7. Media use

Members give permission for Be Awesome staff and coaches to take photos and videos of you at the gym for particular purposes, such as marketing, our website, and social media. Please see the gym waiver for details. There is a separate policy in our Code of Conduct for media use and filming by members. Members agree to these terms.


8. Children

Members must be at least seven (7) years of age. Minors under the age of thirteen (13) must be supervised by a parent/guardian/custodian at all times.  


9. Damages

Client shall pay for any damages to the Health Club’sproperty which results from the willful or negligent conduct of Client,Client’s guest, or dependent children.


10. Lost Articles 

Health Club assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity. 


11. Assignment of Agreement

Health Club reserves full authority to sell, assign or transfer its right to receive payment from Client at its discretion. Health Club DOES NOT GIVE REFUNDS.

12. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.


 13.    Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. Proper venue and jurisdiction shall be the State of Massachusetts, Hampshire County.


 14.    Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement Clienthas given up considerable future legal rights.Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her.  



CUSTOMER'S RIGHT TO CANCEL


YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT:


BE AWESOME BE STRONG LLC

AMHERST, MA 01002


In witness whereof, I understand my rights and obligations as stated above. I confirm that I am a legal adult (unless otherwise indicated below) and that I have read and understand this Agreement and I am aware that by signing this Agreement I am agreeing to all of the terms outlined above. I have executed this Agreement and the above terms, as of this date, and acknowledge receiving a copy of this signed Agreement.


____________________________

(Signature of Client)

April 19, 2024

PARENT OR GUARDIAN IF MEMBER IS UNDER AGE 18:


_______________________________

(Printed Name of Parent or Guardian)

_______________________________

(Signature of Parent or Guardian)




First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Which Membership Plan are you registering for: *
Barbell Club Membership
Strength Team Member
Strength Team + Nutrition
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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