HIGH CALIBER FITNESS LLC d/b/a DELTA FITNESS

MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") is entered into between High Caliber Fitness LLC d/b/a Delta Fitness ("Delta Fitness") and {name} . By enrolling in a membership, accessing the facility, or signing electronically, the Member agrees to the following terms and conditions.

1. Membership Type

The Member acknowledges that they have selected and agreed to the membership type presented during enrollment. Membership benefits, pricing, and access privileges are determined by the selected membership and are subject to the terms of this Agreement.

2. Membership Dues

The Member agrees to pay all membership dues associated with their selected membership, whether billed on a month-to-month basis or pursuant to a contracted membership term. Membership dues shall continue until the membership is properly canceled in accordance with this Agreement or expires under its stated terms.

3. Enrollment Fee

An Enrollment Fee of One Hundred Dollars ($100.00) PER MEMBERSHIP will be INITIATED at the beginning of each new membership.

(INSURANCE MEMBERSHIPS EXCLUDED) 

will be charged once at the beginning of a NEW membership to assist with equipment maintenance, facility improvements, technology upgrades, and operational expenses. The Member authorizes Delta Fitness to process this fee using the payment method on file. IF A MEMBERSHIP IS CANCELED THEN RENEWED, THE Enrollment Fee of One Hundred Dollars ($100.00) WILL BE APPLIED. (INSURANCE MEMBERSHIPS EXCLUDED) 

4. Automatic Payments

Unless otherwise agreed to in writing by Delta Fitness, all memberships require enrollment in automatic recurring payments. The Member authorizes Delta Fitness to charge the payment method provided for all recurring membership dues, annual fees, applicable taxes, and any authorized charges under this Agreement. If automatic payments are declined or removed, Delta Fitness may suspend membership access until payment arrangements have been approved.

5. Billing Date

Membership dues shall be billed on the Member's enrollment date unless a different billing date is specified and approved by Delta Fitness at the time of enrollment. Members whose payments are not successfully processed by their scheduled billing date may have access suspended until payment has been received.

6. Failed Payment Policy

If a scheduled membership payment is not successfully processed, the Member will have a grace period of three (3) calendar days to update payment information or remit payment. If payment has not been received by the end of the three-day grace period, the Member's facility access will automatically be suspended until all outstanding balances are paid in full. Access will be restored once payment has been successfully processed.

7. Membership Freeze

Delta Fitness may freeze or suspend membership access when required payments are not made or when otherwise permitted under Delta Fitness policies. During any suspension resulting from nonpayment, the Member remains responsible for amounts owed under this Agreement unless otherwise released by Delta Fitness in writing.

8. Cancellation Policy

Members may cancel their membership in accordance with the membership terms they selected at enrollment. For memberships that include a one-year commitment, any applicable early cancellation fee applies only if cancellation occurs within the first six (6) months of that one-year term. After the applicable commitment period or where otherwise permitted by the selected membership, no early cancellation fee shall apply. Month-to-month memberships may be canceled in accordance with Delta Fitness's current cancellation procedures.

9. Twenty-Four-Hour Facility Access

Delta Fitness provides twenty-four (24) hour access for eligible members. Members are required to check in using their assigned access credential each time they enter the facility, regardless of whether staff members are present. Sharing access credentials, permitting unauthorized individuals to enter, or bypassing the check-in process is strictly prohibited and may result in immediate suspension or termination of membership.

10. Member Code of Conduct

Members agree to comply with all posted gym policies, safety rules, and staff instructions. Members shall treat employees, trainers, guests, and fellow members with respect at all times. Appropriate athletic clothing and footwear must be worn while using the facility. Members are expected to use equipment safely, return equipment after use, re-rack weights, maintain proper hygiene, clean equipment after use, and refrain from behavior that is abusive, threatening, disruptive, discriminatory, or otherwise compromises the safety or enjoyment of others.

11. Termination of Membership

Delta Fitness reserves the right to suspend or terminate any membership, with or without notice, for violations of this Agreement, the Member Code of Conduct, facility rules, unsafe behavior, harassment, vandalism, theft, fraudulent activity, misuse of access credentials, or any conduct that, in Delta Fitness's reasonable judgment, jeopardizes the safety, security, or operation of the facility. Termination under this provision does not relieve the Member of financial obligations that accrued before termination.

12. Electronic Signatures and Acceptance

The Member agrees that enrolling online, signing electronically, checking an acceptance box, using a digital signature, using a mobile device, utilizing an assigned access credential, or otherwise electronically accepting this Agreement constitutes the Member's legal signature and has the same force and effect as an original handwritten signature. The Member acknowledges that they have had the opportunity to read this Agreement in its entirety, understand its terms, and voluntarily agree to be legally bound by them.

13. Governing Law

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

HIGH CALIBER FITNESS LLC d/b/a DELTA FITNESS

LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY, MEDICAL AUTHORIZATION, AND PARTICIPATION AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING CONTRACT. BY ENTERING DELTA FITNESS, USING ANY OF ITS FACILITIES OR SERVICES, OR SIGNING THIS AGREEMENT ELECTRONICALLY OR IN WRITING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.

I  {name} understand that participation in physical exercise and the use of a fitness facility involve inherent risks that cannot be eliminated regardless of the care taken by High Caliber Fitness LLC d/b/a Delta Fitness ("Delta Fitness"). I voluntarily choose to participate in all activities with full knowledge of these risks.

I acknowledge that the risks associated with using Delta Fitness include, but are not limited to, muscle strains, sprains, tears, broken bones, dislocations, tendon and ligament injuries, spinal injuries, back injuries, concussions, paralysis, permanent disability, heart attack, stroke, cardiac arrest, dehydration, heat exhaustion, heat stroke, dizziness, fainting, slipping, tripping, falling, collisions with equipment or other persons, falling weights, pinched fingers, equipment malfunction, improper use of equipment, communicable illnesses, negligence of other members, and death. I further acknowledge that these risks exist whether the facility is staffed or unstaffed and whether I am participating independently, with a trainer, or in a group class.

I voluntarily and expressly assume all risks of injury, illness, property damage, disability, or death arising from or related to my use of Delta Fitness, including the use of cardio equipment, selectorized machines, plate-loaded equipment, free weights, barbells, dumbbells, squat racks, cable machines, benches, functional training equipment, turf areas, stretching areas, locker rooms, restrooms, childcare areas, parking lots, sidewalks, entrances, exits, and all other portions of the property.

I understand that Delta Fitness operates a twenty-four-hour access facility. I acknowledge that there will be times when no employees are present and that emergency assistance may not be immediately available. I accept full responsibility for exercising while the facility is unstaffed and understand that security cameras, electronic access systems, panic devices, or emergency equipment do not guarantee my personal safety.

To the fullest extent permitted by Arizona law, I voluntarily release, waive, discharge, and forever hold harmless High Caliber Fitness LLC d/b/a Delta Fitness and its owners, members, managers, officers, employees, trainers, contractors, instructors, volunteers, affiliates, successors, assigns, agents, landlords, and representatives from any and all claims, demands, causes of action, liabilities, damages, losses, judgments, costs, expenses, or attorney's fees arising out of or relating in any way to my use of the facility or participation in any activity, including claims arising from the ordinary negligence of Delta Fitness or its personnel. This release does not apply to liability that cannot legally be waived under applicable law.

I further agree that neither I nor anyone acting on my behalf, including my heirs, estate, beneficiaries, personal representatives, or assigns, shall file or maintain any lawsuit, claim, arbitration, or legal proceeding against Delta Fitness for any matter covered by this Agreement. I additionally agree to defend, indemnify, and hold harmless Delta Fitness from any claims, liabilities, damages, costs, or attorney's fees arising out of my actions, my misuse of equipment, my violation of facility policies, damage I cause to property, injury I cause to another person, or claims arising from any guest I invite or permit to enter the facility.

I certify that I am physically capable of participating in exercise and fitness activities and understand that Delta Fitness, its employees, and its trainers are not physicians or healthcare providers and do not provide medical advice. I understand that it is my responsibility to consult with my physician before beginning any exercise program and that I should discontinue exercise immediately if I experience chest pain, dizziness, difficulty breathing, unusual pain, fainting, or any other concerning symptoms.

I authorize Delta Fitness and its employees to contact emergency medical services if they reasonably believe emergency treatment is necessary. I authorize emergency medical treatment if I am unable to communicate, and I agree that I am solely responsible for all medical expenses, ambulance charges, hospital fees, physician fees, medications, and any other healthcare costs incurred on my behalf.

If I participate in personal training or group fitness classes, I acknowledge that instructors cannot guarantee results, cannot continuously supervise every participant, and cannot eliminate the risk of injury. I agree to inform instructors of any injuries, medical conditions, or physical limitations before participating and understand that I may stop any exercise at any time.

If I utilize childcare services or enroll a minor in any Delta Fitness program, I understand that childcare is provided solely as a convenience and is not a medical or healthcare service. I acknowledge that children naturally engage in physical play that carries inherent risks of bumps, falls, and minor injuries. I authorize emergency medical treatment for my child if I cannot be reached promptly and accept full responsibility for all related medical expenses.

I agree to comply with all posted gym rules, safety procedures, staff instructions, and policies. I will use equipment only as intended, return equipment after use, re-rack all weights, wear appropriate athletic attire and footwear, maintain reasonable hygiene, clean equipment after use, and conduct myself in a respectful manner that does not endanger or interfere with the safety or enjoyment of others.

I acknowledge that Delta Fitness is not responsible for the loss, theft, or damage of any personal property, including vehicles, valuables, clothing, electronics, jewelry, bags, or items left in lockers or elsewhere on the premises. I accept full responsibility for securing my own belongings.

Unless I provide written notice opting out, I grant Delta Fitness permission to photograph or record me while on the premises and to use my image, likeness, voice, or video for advertising, promotional, educational, or marketing purposes in any medium without additional notice or compensation.

If this Agreement is signed on behalf of a minor, the parent or legal guardian represents that they have the legal authority to execute this Agreement on the minor's behalf and agree to all of its terms to the fullest extent permitted by law.

This Agreement shall be governed by the laws of the State of Arizona. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire liability agreement between the Member and Delta Fitness regarding participation in activities and use of the facility and supersedes any prior oral or written understandings relating to these matters.

By signing electronically, signing in writing, checking an acceptance box, completing enrollment, using a digital signature, accessing the facility with a key fob, mobile credential, biometric access, or otherwise entering or using Delta Fitness, I acknowledge that I have carefully read this Agreement, fully understand its contents, understand that I am giving up substantial legal rights, including the right to bring certain legal claims, and voluntarily agree to be legally bound by all of its terms.