MIND & MUSCLE LLC MEMBERSHIP AGREEMENT

This Membership Agreement (the “Agreement”) is entered into by and between Mind & Muscle LLC (the “Club”) and the undersigned individual (the “Member”).

This Agreement constitutes the entire agreement between the Club and the Member regarding membership and use of the Club. Any promises, representations, understandings, or agreements not expressly contained in this Agreement are waived and shall have no force or effect. This Agreement may be modified only by a written instrument issued or approved by the Club. No employee, contractor, or representative of the Club is authorized to make any agreement inconsistent with this Agreement unless approved in writing by the Managing Members of the Club.

Membership privileges are granted only to the individual listed on the membership account and may not be shared, transferred, assigned, or used by any other person.

By signing this Agreement, the Member acknowledges that they have read, understood, and agreed to all terms contained herein and acknowledges receipt of a completed copy of this Agreement.

I. PARTIES

This Agreement is entered into as of the date signed by the Member and Mind & Muscle LLC, a Tennessee limited liability company. By signing this Agreement, the Member is purchasing a revocable membership license to access and use the Club subject to this Agreement and all Club rules, policies, and procedures, as amended from time to time.

II. MEMBERSHIP

1. Individual Membership

Membership is individual unless otherwise expressly stated by the Club in writing. Membership does not include access for spouses, children, family members, friends, or guests unless specifically permitted by current Club policy.

2. Eligibility

The Club is an adult gym first. Members must be at least eighteen (18) years old unless expressly approved by the Club. Any minor approved by the Club must have a parent or legal guardian sign all required documents and comply with all Club policies.

3. Limited Membership Model

The Club reserves the right to limit the number of active memberships at any time in order to protect the training environment and member experience.

4. Membership Is a License, Not a Property Right

Membership grants a personal, revocable license to use the Club in accordance with this Agreement and Club policies. Membership does not create any ownership interest or vested right in the Club or its facilities.

III. TERM; BILLING; PAYMENT

1. Month-to-Month Membership

Unless otherwise stated in writing by the Club, memberships are billed on a month-to-month basis and continue until cancelled in accordance with this Agreement.

2. Founding Memberships and Special Membership Offers

Any founding membership, presale membership, reservation, or other special-rate membership is subject to the specific terms disclosed by the Club at the time of purchase, including any refund restrictions, activation timing, pricing protections, or promotional conditions.

3. Billing Authorization

The Member authorizes the Club to automatically charge the payment method on file for all membership dues, fees, charges, declined payment fees, damage charges, guest fees, and any other amounts owed under this Agreement.

4. Payment Method

The Member is responsible for keeping all billing information current and valid. If the payment method on file expires, is declined, or otherwise fails, the Member remains responsible for all amounts due.

5. Processing Fees

Card payments may be subject to a processing fee if disclosed by the Club at the time of payment.

6. Declined or Returned Payments

If any payment is declined, returned, or rejected for any reason, the Member may be charged a $25.00 declined payment fee and access to the Club may be suspended until the account is brought current.

7. Delinquent Accounts

If the Member’s account becomes delinquent, the Club may suspend or terminate membership access and pursue all amounts owed to the fullest extent permitted by law, including collection costs, court costs, and reasonable attorney’s fees where allowed.

8. Price Changes

The Club reserves the right to change membership rates, dues, fees, and charges upon at least thirty (30) days’ prior notice, except where the Club has expressly agreed in writing to protected pricing for a specific membership type.

IV. ACCESS AND USE OF FACILITY

1. 24/7 Access

The Club may provide twenty-four (24) hour, seven (7) day per week access. Access hours, access methods, and facility availability may be changed, limited, suspended, or discontinued by the Club at any time for safety, maintenance, operational, legal, staffing, weather, emergency, security, or business reasons.

2. Unstaffed Facility

The Member understands and agrees that the Club may be unstaffed or unattended during some or all hours of operation. The Member accepts full responsibility for using the Club safely during unstaffed hours and understands that no employee, trainer, or medical personnel may be present.

3. Entry System

Access may be provided through a smartphone application, digital credential, mobile unlock system, keypad, barcode, or any other entry method designated by the Club. The Club may change the access method at any time.

4. No Sharing of Access Credentials

The Member shall not share, loan, duplicate, transfer, or permit any other person to use the Member’s access credentials, app, login, code, barcode, or other means of entry. The Member shall not permit any unauthorized person to follow them into the facility, open the door for a non-member, or otherwise bypass Club access controls. Any unauthorized entry or attempted unauthorized entry may result in immediate suspension or termination of membership, fines, and additional charges.

5. Identity Verification

The Club may require proof of identity at any time and may deny access if it reasonably believes the person seeking entry is not the authorized Member or poses a safety, security, or policy concern.

6. Cameras and Monitoring

The Member understands and agrees that the Club may utilize security cameras, video recording, and other monitoring systems in portions of the facility for safety, security, loss prevention, policy enforcement, and operational purposes, except where prohibited by law.

7. Temporary Closure or Restricted Use

The Club may close all or part of the facility or restrict access to specific equipment, rooms, or areas at any time for repairs, cleaning, special events, maintenance, safety concerns, inspections, weather, or other reasons determined by the Club.

V. CLUB RULES AND MEMBER CONDUCT

1. Compliance With Rules

The Member agrees to follow all Club rules, policies, posted signage, safety instructions, and staff directions at all times.

2. Changes to Rules

The Club may adopt, amend, modify, or revoke rules, policies, and procedures at any time in its sole discretion. Notice may be given by posting in the Club, by email, through an app, on the website, on social media, or by any other reasonable form of communication.

3. Conduct Standard

The Member agrees to conduct themselves in a respectful and safe manner. The Club reserves the right to suspend or terminate any membership for behavior deemed unsafe, abusive, threatening, disruptive, dishonest, destructive, unsanitary, harassing, or otherwise inappropriate for the Club environment.

4. Equipment Use

The Member shall use equipment only as intended and in a safe manner. Misuse of equipment, reckless lifting, intentional dropping or slamming of weights, tampering with equipment, unsafe spotting practices, or conduct that endangers others may result in suspension or termination.

5. Cleanliness and Care of Facility

The Member is responsible for returning equipment to its proper place, wiping down equipment as requested by Club policy, disposing of trash properly, and helping preserve the Club environment.

6. Additional Operational Rules

Without limiting the Club’s right to issue and enforce additional rules, the Club may establish policies regarding attire, footwear, food, drinks, chalk, bags, lockers, hooks, filming, photography, noise, phone use, personal coaching, use of specialty equipment, guest privileges, and general facility etiquette.

7. Specific 24/7 Facility Rules

The following rules are material terms of membership:

· No tailgating, door holding, or admitting any person who does not have authorized access.

· No sharing, lending, or transferring access credentials.

· No unauthorized guests.

· No personal training, coaching, or instruction of others for compensation unless expressly approved by the Club.

· No misuse, abuse, or alteration of any equipment.

· No intentional dropping or slamming of weights.

· No conduct that unreasonably interferes with another member’s training.

· No filming or photography that invades another person’s privacy, disrupts the gym environment, or violates Club policy.

· Bags, personal belongings, and gear must be stored only in areas permitted by Club policy.

· Members must exit the Club promptly if directed by the Club for safety, maintenance, emergency, or policy reasons.

VI. GUESTS

Guests are permitted only if expressly allowed by current Club policy. The Club may allow, restrict, charge for, condition, or eliminate guest privileges at any time in its sole discretion. All guests must comply with Club rules and must complete any waiver, registration, or approval required by the Club before entry. The Member is responsible for the conduct of any guest they bring into the Club.

VII. DAMAGE; LOSS; PERSONAL PROPERTY

1. Personal Property

The Club is not responsible or liable for any loss, theft, or damage to any personal property of the Member or any guest, whether occurring in or around the Club, including in restrooms, entry areas, parking areas, or elsewhere on or near the premises.

2. Damage to Club Property

The Member is responsible for any damage to Club property, equipment, fixtures, entry systems, mirrors, flooring, walls, doors, or facilities caused by the Member or the Member’s guest, whether through misuse, negligence, unauthorized access, or intentional conduct. The Club may charge the Member for the cost of repair or replacement.

VIII. ASSUMPTION OF RISK; WAIVER OF LIABILITY

1. Assumption of Risk

The Member understands that use of a gym and participation in strength training, resistance training, exercise, stretching, conditioning, recovery, and related activities involve inherent risks, including serious injury, permanent disability, illness, death, equipment malfunction, falling weights, overexertion, improper use of equipment, slips, trips, falls, lack of immediate assistance, and the acts or omissions of other persons.

2. Unstaffed Hours Risk

The Member specifically understands that use of the Club during unstaffed or unattended hours may increase risk, including delayed assistance in the event of injury, medical distress, equipment malfunction, or emergency.

3. Voluntary Participation

The Member voluntarily chooses to participate in all activities at the Club and voluntarily assumes all risks, known and unknown, associated with use of the Club and its facilities.

4. Health Representation

The Member represents that the Member is physically able to participate in exercise and use the Club and has either consulted a physician or voluntarily chosen not to do so. The Member understands it is their responsibility to determine whether they are medically fit to participate.

5. Release and Waiver

To the fullest extent permitted by law, the Member releases and discharges the Club, its owners, officers, members, managers, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating to the Member’s use of the Club, presence on the premises, or participation in any activity, including claims based on ordinary negligence.

6. Indemnification

The Member agrees to indemnify and hold harmless the Club and its owners, officers, members, managers, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, losses, liabilities, damages, costs, or expenses arising out of the Member’s conduct, violation of this Agreement, misuse of the facility, unauthorized use of the Member’s access credentials, or claims caused by the Member or the Member’s guest.

IX. MEDICAL EMERGENCIES

In the event of illness, injury, accident, or emergency, the Member authorizes the Club to contact emergency services, seek emergency care, and take reasonable action in response to the situation. The Member understands that the Club is not obligated to provide medical care, supervision, or emergency response personnel on site. The Member is solely responsible for maintaining any personal health, accident, disability, or other insurance coverage.

During unstaffed hours, the Member is responsible for acting reasonably and promptly in the event of an emergency, including calling 911 when appropriate.

X. FREEZES

The Club may, but is not obligated to, permit temporary membership freezes for medical reasons, travel, or other circumstances approved by the Club. Any freeze request must be submitted in advance using the Club’s designated process. Freeze length, eligibility, fees, documentation requirements, and reactivation terms shall be determined by the Club in its discretion and may be changed from time to time.

XI. CANCELLATION AND REFUNDS

1. Member Cancellation

The Member may cancel membership by providing at least thirty (30) days’ advance notice using the Club’s designated cancellation process.

2. Effective Date of Cancellation

Cancellation is not effective until properly submitted and confirmed pursuant to the Club’s current cancellation process. The Member remains responsible for all charges billed prior to the effective cancellation date.

3. No Partial Month Refunds

Unless required by law or expressly agreed by the Club in writing, no prorated refunds or partial month refunds will be issued.

4. Non-Refundable Fees

Reservation fees, founding membership fees, activation fees, administrative fees, guest fees, late fees, and similar payments are non-refundable unless otherwise required by law or expressly stated otherwise by the Club in writing.

5. Club Suspension or Termination Rights

The Club may suspend or terminate membership at any time, with or without advance notice where reasonably necessary for safety, security, or policy enforcement, for violation of this Agreement, nonpayment, misuse of access credentials, unauthorized entry, safety concerns, damage to property, inappropriate conduct, or other reasons deemed appropriate by the Club. If the Club terminates membership for cause, the Member remains responsible for all outstanding balances and fees.

XII. COMMUNICATIONS

The Member consents to receive communications from the Club by email, phone, text message, app notification, website posting, social media, or other contact method provided by the Member. The Member is responsible for keeping all contact information current. Notices from the Club are effective when sent to the most recent contact information on file or otherwise posted through the Club’s regular communication channels.

XIII. GENERAL PROVISIONS

1. Entire Agreement

This Agreement constitutes the full and complete understanding between the Club and the Member and supersedes all prior oral or written discussions, statements, or agreements regarding the subject matter herein.

2. Severability

If any provision of this Agreement is found unenforceable, illegal, or invalid, the remainder of the Agreement shall remain in full force and effect to the fullest extent permitted by law.

3. Waiver

Failure of the Club to enforce any provision of this Agreement shall not constitute a waiver of any right or provision.

4. Assignment

The Member may not assign or transfer this Agreement. The Club may assign this Agreement or transfer its rights and obligations under it.

5. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee.

6. Acknowledgment

By checking box, Member acknowledges that they have read this Agreement carefully, understand it, and agree to be bound by its terms.

Modifications

Mind & Muscle reserves the right to update these Terms & Conditions as necessary. Any changes will be communicated to members.

For questions, please contact us at:
info@mindandmusclegym.com | 423.556.0034

Text Us: (423) 556-0034 Private 24/7 gym on Signal! Adults only. Just because the door is locked doesn't mean we're closed, non-members just need an appt. to enter!

Text Us: (423) 556-0034
Private 24/7 gym on Signal! Adults only. Just because the door is locked doesn't mean we're closed, non-members just need an appt. to enter!