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LEGACY HEALTH AND FITNESS MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") is entered into between Legacy Health and Fitness ("Facility") and the undersigned member ("Member").

1. MEMBERSHIP TERMS

• Monthly memberships are billed on the same date each month and continue automatically until cancelled
• Annual memberships are billed once per year on the anniversary of signup and continue automatically until cancelled
• Membership provides 24/7 access to the facility via assigned access credentials
• This is a recurring membership that will continue automatically unless you cancel according to the cancellation policy below

2. FEES AND PAYMENTS

• A one-time enrollment fee of $69.00 is required at signup and is NON-REFUNDABLE
• Monthly membership: $35.00 per month (plus applicable taxes and fees)
• Annual membership: $399.00 per year (plus applicable taxes and fees)
• A 3% convenience fee applies to credit/debit card payments (ACH/bank transfers have no convenience fee)
• ALL FEES ARE NON-REFUNDABLE once charged, including enrollment fees, membership fees, and any additional services
• You will be charged for the full billing period even if you cancel mid-cycle (see cancellation policy)

3. CANCELLATION POLICY - READ CAREFULLY

IMPORTANT: Cancelling your membership does NOT entitle you to a refund of fees already paid.

• Members may cancel at any time by providing 30 days written notice via email or in person
• Cancellation requests must be submitted in writing to be valid (verbal cancellations are not accepted)
• Your membership will remain active and you will continue to be charged until the end of the 30-day notice period
• NO REFUNDS will be issued for partial months, unused time, or any fees already paid
• Annual memberships canceled early will NOT receive prorated refunds - you will have access until the end of your paid period
• If you cancel during a billing cycle, you will still be charged for that entire cycle and will have access until the cycle ends
• Cancellation of automatic payment authorization does NOT cancel your membership - you must separately cancel your membership

4. NO REFUND POLICY - UNDERSTAND THIS CLEARLY

• ALL payments are FINAL and NON-REFUNDABLE once processed
• This includes enrollment fees, membership fees, late fees, convenience fees, and any add-on services
• We do NOT provide refunds for change of mind, relocation, medical issues, or any other reason
• If you dispute a charge with your bank or credit card company (chargeback), you will be responsible for all chargeback fees ($25-$50) and your membership will be immediately terminated
• Chargebacks are considered a breach of this agreement and may result in collection action

5. MEMBERSHIP SUSPENSION (FREEZE)

• Members may request a temporary suspension (freeze) of up to 3 months per calendar year
• A $10/month freeze fee applies during suspension periods and will be charged automatically
• Freeze requests must be submitted in writing at least 7 days in advance
• During freeze periods, you will not have facility access but will continue to be charged the freeze fee
• Membership automatically resumes at the end of the freeze period unless you cancel

ASSUMPTION OF RISK AND WAIVER OF LIABILITY

1. ACKNOWLEDGMENT OF RISKS

I understand that participation in fitness activities involves inherent risks including but not limited to:

• Muscle strains, sprains, and tears
• Cardiovascular incidents
• Falls and impact injuries
• Equipment-related injuries
• Pre-existing condition aggravation

2. VOLUNTARY PARTICIPATION

I voluntarily choose to participate in fitness activities at Legacy Health and Fitness. I have been advised to consult with a physician before beginning any exercise program.

3. RELEASE OF LIABILITY - COMPREHENSIVE WAIVER

I FULLY UNDERSTAND AND ACKNOWLEDGE THAT:

I hereby release, waive, discharge, and covenant not to sue Legacy Health and Fitness, its owners, operators, employees, agents, representatives, successors, and assigns (collectively "Released Parties") from ANY AND ALL liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, whether caused by the NEGLIGENCE of the Released Parties or otherwise, while participating in fitness activities or while on the premises.

THIS RELEASE INCLUDES BUT IS NOT LIMITED TO:

• Ordinary negligence (carelessness or mistakes by staff, other members, or the facility)
• Equipment malfunction or failure
• Inadequate supervision or instruction
• Slip, trip, or fall accidents
• Injuries caused by other members
• Property damage or theft
• Communicable diseases (including COVID-19, flu, etc.)
• Any other injury, illness, or damage arising from facility use

I UNDERSTAND THIS IS A COMPLETE RELEASE OF LIABILITY that applies even if the Released Parties are at fault (negligent), except for gross negligence or willful misconduct that cannot be waived by law.

4. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, losses, damages, costs, expenses, and attorney fees arising out of or related to:

• My use of the facility or participation in activities
• My negligence or wrongful acts
• Any injury or damage I cause to others
• Any violation of facility rules or this agreement
• Any chargeback or payment dispute I initiate

This means if someone sues Legacy Health and Fitness because of something I did, I will pay all legal costs and damages.

5. MEDICAL CONDITION ACKNOWLEDGMENT

I certify that I am physically fit and have not been advised otherwise by a qualified medical professional. I agree to follow all instructions and warnings provided by Facility staff. I understand that it is MY RESPONSIBILITY to consult with a physician prior to commencing any fitness program. I acknowledge that Legacy Health and Fitness has not and will not provide any medical advice.

6. EMERGENCY MEDICAL TREATMENT AUTHORIZATION

In case of medical emergency, I authorize Legacy Health and Fitness and its staff to seek and obtain emergency medical treatment for me, including transportation to a medical facility. I understand and agree that I am SOLELY RESPONSIBLE for ALL medical costs, expenses, and bills incurred, and I will not hold Legacy Health and Fitness responsible for any medical expenses.

MEDIA RELEASE AND CONSENT

1. GRANT OF RIGHTS

I grant Legacy Health and Fitness the right to photograph, video record, and capture my likeness while on the premises for use in:

• Social media posts and advertisements
• Website content and promotional materials
• Marketing campaigns and press releases
• Internal training and documentation

2. USAGE RIGHTS

I understand that these materials may be used without compensation to me, and I waive any right to royalties or other payment.

3. OPT-OUT OPTION

If I do not wish to be photographed or recorded, I may notify staff in writing at any time. I understand that I should avoid areas where photography/recording is taking place.

4. NO APPROVAL REQUIRED

I waive any right to inspect or approve the finished photographs, videos, or other materials.

RECURRING PAYMENT AUTHORIZATION - READ THIS CAREFULLY

BY SIGNING BELOW, YOU ARE AUTHORIZING AUTOMATIC RECURRING CHARGES TO YOUR PAYMENT METHOD.

1. EXPLICIT AUTHORIZATION FOR RECURRING CHARGES

I hereby authorize Legacy Health and Fitness ("Merchant") to automatically charge my designated credit card, debit card, or bank account (ACH) on file for the following charges:

• Monthly or annual membership dues according to my selected plan
• One-time enrollment fee of $69.00 (charged at signup only)
• Any additional services, add-ons, or upgrades I select
• Late fees ($15) if payment fails and is not resolved within the grace period
• Convenience fees (3% for credit/debit cards, 0% for ACH/bank transfers)
• Freeze fees ($10/month) if I request membership suspension
• Replacement fees ($20) for lost access credentials
• Any other fees authorized by this agreement

THIS AUTHORIZATION IS ONGOING AND WILL CONTINUE UNTIL I CANCEL IT IN WRITING OR TERMINATE MY MEMBERSHIP.

2. PAYMENT SCHEDULE AND AUTOMATIC RENEWAL

• Monthly members: I will be charged $35.00 (plus taxes and fees) on the same date each month
• Annual members: I will be charged $399.00 (plus taxes and fees) once per year on my membership anniversary date
• Payments are processed AUTOMATICALLY and will continue indefinitely until I cancel my membership
• My membership will RENEW AUTOMATICALLY unless I provide 30 days written notice of cancellation
• I understand that I will continue to be charged even if I stop using the facility
• I understand that cancelling my payment method does NOT cancel my membership - I must cancel my membership separately

3. FAILED PAYMENT POLICY AND GRACE PERIOD

If a payment fails or is declined, the following will occur:

• A 14-day grace period begins immediately
• Automatic retry attempts will occur on days 3, 6, 9, and 12 of the grace period
• I will receive email notifications about the failed payment and retry attempts
• My facility access may be SUSPENDED during the grace period if payment is not resolved
• If payment is not successfully collected within 14 days, a $15 late fee will be charged
• My membership may be terminated if payment is not resolved within the grace period
• I remain responsible for all charges incurred during the grace period, including the late fee

4. UPDATING PAYMENT INFORMATION

• I am SOLELY RESPONSIBLE for keeping my payment information current and valid
• I may update my payment method at any time through the member portal or by contacting us at (208) 918-3893
• If my payment method expires or is cancelled, I must provide a new payment method immediately
• Failure to provide valid payment information may result in membership suspension or termination
• I understand that updating my payment method does NOT cancel my membership or this authorization

5. CONVENIENCE FEE DISCLOSURE

• Credit/Debit Card Payments: A 3% convenience fee will be added to each transaction
• ACH/Bank Transfer Payments: NO convenience fee (0%)
• The convenience fee is clearly displayed before you complete payment
• This fee is NON-REFUNDABLE and applies to all card transactions
• You can avoid this fee by choosing ACH/bank transfer as your payment method

6. CHARGEBACK AND PAYMENT DISPUTE POLICY - CRITICAL

IMPORTANT: DO NOT DISPUTE CHARGES WITH YOUR BANK OR CREDIT CARD COMPANY.

• If you have a billing question or concern, contact us directly at (208) 918-3893 (text preferred) or via email
• Initiating a chargeback (disputing a charge with your bank) is a BREACH OF THIS AGREEMENT
• If you file a chargeback, you will be responsible for:
    - All chargeback fees ($25-$50 per chargeback)
    - All legal and collection costs
    - Immediate termination of your membership
    - Potential collection action for unpaid amounts
• We will vigorously defend all chargebacks and provide evidence of your authorization
• Chargebacks do NOT cancel your membership - you must cancel according to the cancellation policy
• We reserve the right to report chargebacks to credit bureaus and collection agencies

7. CANCELLATION OF AUTOMATIC PAYMENT

• I understand that cancelling this automatic payment authorization does NOT cancel my membership
• To cancel my membership, I must provide 30 days written notice separately
• If I cancel this authorization but do not cancel my membership, I will still owe all membership fees
• I may cancel this authorization at any time by providing written notice, but I will remain responsible for all charges until my membership is properly cancelled

8. ACKNOWLEDGMENT

I acknowledge that I have read and fully understand this recurring payment authorization. I understand that charges will continue automatically until I cancel my membership. I agree to contact Legacy Health and Fitness directly with any billing questions rather than disputing charges with my bank or credit card company.

FACILITY RULES AND CODE OF CONDUCT

1. FACILITY ACCESS

• Access is granted 24/7 via your assigned digital access credentials
• Access credentials are non-transferable and for member use only
• Lost or stolen credentials must be reported immediately
• A $20 replacement fee applies for lost access credentials

2. CODE OF CONDUCT

Members agree to:

• Treat all members, staff, and guests with respect
• Use equipment properly and return weights to racks
• Wipe down equipment after use
• Wear appropriate athletic attire and closed-toe shoes
• Refrain from using abusive language or behavior

3. PROHIBITED ACTIVITIES

The following are strictly prohibited:

• Alcohol, drugs, or smoking on premises
• Unauthorized personal training or solicitation
• Photography/video of other members without consent
• Bringing guests without proper guest pass
• Leaving children unattended in the facility

4. PERSONAL BELONGINGS

Legacy Health and Fitness is not responsible for lost, stolen, or damaged personal property. Lockers are available for use during your visit.

5. TERMINATION

Legacy Health and Fitness reserves the right to terminate membership immediately, without refund, for violation of these terms, conduct detrimental to the facility or other members, non-payment, chargeback disputes, or any other reason at our sole discretion.

6. LEGAL PROTECTIONS AND LIMITATIONS

ARBITRATION AGREEMENT: Any dispute, claim, or controversy arising out of or relating to this agreement or my membership shall be resolved through binding arbitration in Idaho, following the rules of the American Arbitration Association, rather than in court. I waive my right to a jury trial and to participate in class actions.

CLASS ACTION WAIVER: I agree that any disputes will be resolved individually, not as part of a class action, consolidated action, or representative proceeding. I waive any right to participate in class action lawsuits against Legacy Health and Fitness.

DAMAGE LIMITATIONS: In no event shall Legacy Health and Fitness be liable for damages exceeding the total amount of membership fees I paid in the preceding 12 months. Legacy Health and Fitness shall not be liable for indirect, incidental, special, consequential, or punitive damages.

INDEMNIFICATION: I agree to indemnify and hold harmless Legacy Health and Fitness from any claims, damages, losses, costs, or expenses (including attorney fees) arising from my use of the facility, violation of this agreement, or any chargeback or payment dispute I initiate.

FORCE MAJEURE: Legacy Health and Fitness is not liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, pandemics, government restrictions, equipment failures, or other events outside our control.

SEVERABILITY: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

COMMUNICABLE DISEASE ACKNOWLEDGMENT: I acknowledge the risks of communicable diseases (including COVID-19, influenza, etc.) in a fitness facility and voluntarily assume all such risks. I release Legacy Health and Fitness from any liability related to exposure to or transmission of communicable diseases.

MINOR MEMBERS: If I am under 18 years of age, I understand that parental/guardian consent and signature is required. This agreement is not valid without such consent.

ELECTRONIC SIGNATURE VALIDITY: I agree that my electronic signature and acceptance of these terms has the same legal effect as a handwritten signature on a physical document. I understand this is a legally binding contract.

GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to conflict of law principles.

ENTIRE AGREEMENT: This agreement constitutes the entire agreement between me and Legacy Health and Fitness and supersedes all prior agreements, understandings, or representations.