Terms and Agreements

Release of Liability

Read Carefully - This Affects Your Legal Rights

In exchange for participation in the activity of any activity on the property. Including but not limited to workouts, tanning, physical activity, etc. organized by Bend the Bar Fitness LLC, of Alabama, and/or use of the property, facilities, and services of Bend the Bar Fitness LLC, I, agree for myself and (if applicable) for the members of my family, to the following:

1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Bend the Bar Fitness LLC, or the employees, representatives, or agents of Bend the Bar Fitness LLC.

2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Bend the Bar Fitness LLC for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Bend the Bar Fitness LLC, whether caused by the fault of myself, my family, Bend the Bar Fitness LLC or other third parties.

3. Indemnification. I agree to indemnify and defend Bend the Bar Fitness LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Bend the Bar Fitness LLC.

I participate in the activity at my sole risk and responsibility and hold harmless Bend the Bar Fitness LLC.

4. Fees. I agree to pay for all damages to the facilities of Bend the Bar Fitness LLC caused by any negligent, reckless, or willful actions by me or my family.

5. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Alabama law.

6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Bend the Bar Fitness LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

7. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

10. Refund Policy. I understand that there are no refunds given by Bend the Bar Fitness LLC, or the employees, representatives, or agents of Bend the Bar Fitness LLC, for any reason. Once a purchase is complete, you will have access to all locations for the specified time paid for regardless of relocation, lifestyle changes, or any other reason.

Acknowledgment of Risks, Injury & Obligations

I acknowledge that the activity I am to undertake is a dangerous activity and that by participating in it I am exposed to certain risks. I Acknowledge and understand that whilst participating in such activity:

I may be injured, physically or mentally, or may die;
My personal property may be lost or damaged;
Other persons participating in such activity may cause me injury or may damage my property
I may cause injury to other persons or damage their property
The conditions in which the activity is conducted may vary without warning
I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract of Bend the Bar Fitness
There may be no or inadequate facilities for treatment or transport of me if I am injured
I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
I will use tanning beds 1 time each day maximum.

If I am the main signage of a family membership, I am aware that my signature applies for my entire family. Bend the Bar Fitness is not responsible for any party under a family membership.

If you do not develop a tan outdoors naturally, you are unlikely to tan from the use of any tanning device.

1. AVOID OVEREXPOSURE. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated Overexposure may cause photo aging of the skin, dryness, wrinkling and in some instances skin cancer. We recommend that you do not tan outdoors on days you are tanning indoors, that you do not tan if you currently have a sunburn and that you, at most, tan only once in a 24 hour period.

2. CERTAIN MEDICATIONS, Lotions and other Products may cause your skin to be more sensitive to UV Rays. Check the posted list of drugs and products known to increase the photosensitivity of the skin.
Check with your physician or pharmacist if you are unsure about any medications you are taking or if you have had a problem with indoor or outdoor tanning in the past.

3. WEAR PROTECTIVE EYEWEAR. Failure to wear protective eyewear may result in severe bums or long-term injury to injuries to the eyes.

I have read the contents of this consent form carefully and state that I am not aware of any medical condition or other reason that would prohibit me from tanning. I understand that I will not be allowed to exceed the maximum allowable time posted on the tanning device. I understand the risks involved, and use it at my own risk. I hereby agree to release the owners, operators and manufacturers from any damages that I might incur due to the use of this facility.

Administration

Memberships are not refundable or transferable.
Children under 12 are not allowed on equipment.
Appropriate covered footwear must be worn at all times while in the gym facility.
Children under the age of 16 are required to have parental supervision while using equipment.
All weights and equipment must be put back after use.

1. 1st offense- WARNING

2. 2nd offense- WARNING

3. 3rd offense- $5 re-rack fee to be charged

4. 4th offense- $10 re-rack fee to be charged

5. 5th offense- MEMBERSHIP TERMINATED

Photo ID cards (ie student card or drivers license) must be carried and shown upon request.
Shared gym access with a non-member will result in forfeiture of membership effective immediately.
Each member must respect other gym users and behave in an appropriate manner at all times.

Cancellation Fee if Cancelled before 6 months (EXCLUDES PASSES):

$50.00

I acknowledge and understand that in the event that I wish to cancel my membership to Bend the Bar Fitness, you have to request cancellation in writing in person by filling out the cancellation form. Forms are located at the Centre, Fort Payne, Alexandria, and Piedmont gyms and are on a clipboard by the office door. They are available 24/7 and do not require staff to be present. Please slide the completed form under the office door. I understand that my account must be paid up to date and cancellation fee paid if applicable to complete the cancellation of the membership. I also understand that a 5 day notice before the monthly auto draft (taken on the 1st of every month for monthly memberships) is required or my account will be drafted for the next month’s billing cycle.

At Bend the Bar Fitness LLC, we are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of information we receive from our members and visitors.

1. Information We Collect

Personal Information: This includes your name, contact information (phone number, email address), date of birth, and mailing address.
Membership Information: Details related to your gym membership, including membership type, payment information, and history of gym visits.
Health Information: Any health-related information that you provide voluntarily, which may include physical limitations or medical conditions pertinent to your participation in fitness activities.
Payment Information: Credit card or payment details necessary to process membership fees or purchases, which are handled through secure third-party payment processors.
Usage Information: Information about how you interact with our website and services, including your IP address, browser type, pages visited, and time spent on the site.

2. How We Use Your Information

To process and manage your membership.
To communicate with you about your membership, including confirmations, notifications, and updates.
To provide personalized services and support.
To improve our services and facilities based on member feedback and usage patterns.
To send promotional materials, newsletters, and marketing communications, if you have opted in to receive them.
To comply with legal obligations and protect against fraudulent activities.

3. Sharing Your Information

Service Providers: Third-party vendors who assist us in operating our gym, processing payments, or providing services, and who are obligated to keep your information confidential.
Legal Compliance: Law enforcement, government authorities, or other parties if required by law or to protect our rights and safety or those of our members.
Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that business deal.

4. Data Security

We take appropriate security measures to protect your personal information from unauthorized access, use, alteration, or destruction. We use secure server technology and encryption methods to safeguard your information during online transactions.

5. Your Rights and Choices

You have the right to:

Access your personal information and request corrections if needed.
Opt-out of receiving marketing communications by following the unsubscribe instructions in those communications or contacting us directly.

6. Cookies and Tracking Technologies

Our website may use cookies and similar tracking technologies to enhance user experience and analyze web traffic. You can modify your browser settings to refuse cookies or to alert you when cookies are being sent.

Note: Membership fees are subject to change with 30 days notice by postings inside the facility as well as social media pages.

Bend the Bar Fitness Staff reserves the right to rescind the rights of
members not complying with the terms and conditions of the membership.

Anyone under the age of 16 must be accompanied by an adult at all times within the gym.

I have read and agree with all of the above.