T&C
MEMBERSHIP TERMS AND CONDITIONS
MEMBERSHIP ELIGIBILITY: Any individual 18 years of age or older, without regard to race, color, sex, age, disability, national origin, religion, or sexual orientation is eligible for membership with Fibonacci Fitness LLC. If you are a parent or legal guardian of a dependent child 12 years of age or older, you may add the child to your membership upon payment of membership fees.
TERMINATION: Fibonacci Fitness LLC may terminate your membership if you fail to pay your membership dues on time or if you fail to follow, observe, and/or obey the policies, procedures and/or rules and regulations of membership. Upon termination, Fibonacci Fitness LLC is not obligated to issue any refunds. Memberships are not transferable.
POLICY CHANGES: Fibonacci Fitness LLC reserves the right to change fees, dues, services, and operation procedures with a 30-day notice to members. Fibonacci Fitness LLC reserves the right at any time to alter the hours of operation, and the right to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service.
SERVICE CHARGE AND UNPAID BALANCES: In the event a check is returned, funds are not accessible through a credit card account, or the bank denies access for an EFT payment, then the member will be charged $25.00 for each incident. For all balances in arrears over 30 days, Fibonacci Fitness LLC will charge 1.5% per month (annual rate of 18%). Any unpaid balance past 30 days may result in suspension of membership. Member is obligated to pay any reasonable collection costs, including legal fees, incurred by Fibonacci Fitness LLC during the enforcement of the member’s financial obligations.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT DECLARATIONS: This Agreement is entered into between Fibonacci Fitness LLC and the undersigned (“Client”). The provision of personal training services by Fibonacci Fitness LLC to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or use any facility or equipment for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any facility, or using any equipment, whether provided to you by Fibonacci Fitness LLC or otherwise, including injuries or damages arising out of the negligence of Fibonacci Fitness LLC, whether active or passive, or any Fibonacci Fitness LLC affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Fibonacci Fitness LLC or otherwise.
LIABILITY RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Fibonacci Fitness LLC (and their affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Fibonacci Fitness LLC whether active or passive, or any Fibonacci affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Fibonacci Fitness LLC or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Fibonacci Fitness LLC from any loss, liability, damage, or cost it may incur due to the provision of personal training by him to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Fibonacci Fitness LLC offers a service encompassing the entire recreational and/or fitness spectrum. Fibonacci Fitness LLC is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Fibonacci Fitness LLC. You acknowledge and agree that Fibonacci Fitness LLC does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Fibonacci Fitness LLC for negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
PERSONAL PROPERTY: You acknowledge and agree that Fibonacci Fitness LLC is not responsible for your personal belongings or their loss or theft and you assume full responsibility and risk for any such loss or theft.
DAMAGE TO THE FACILITY: Should you cause damage to Fibonacci Fitness LLC’s facilities and equipment, other than normal wear and tear, you will be liable and responsible for the cost to repair or replace any such damage.
RULES, REGULATIONS, AND SCHEDULES: You agree to abide by all membership rules, regulations, and schedules of Fibonacci Fitness LLC, which may be posted and which may be amended from time to time. Your breach of any rule or regulation may, in Matt’s discretion, result in revocation of your membership.
INVALID PROVISIONS: Each provision of these Terms and Condition is considered severable. If any term or condition is found to be invalid or unenforceable, the remainder will remain valid and enforceable.
CHANGE OF PERSONAL INFORMATION AND ACCOUNTS: You must notify Fibonacci Fitness LLC within 10 days after any changes to your physical address or contact information. You are responsible to notify Fibonacci Fitness LLC if you close or change any account from which EFT membership payments are being deducted. In addition, you are responsible to notify Fibonacci Fitness LLC of any changes in your bank or credit card account status including expiration dates or other changes that may affect your payment of membership fees.
REFUND / CANCELLATION POLICY SUMMARY
New members have 10 days to cancel their membership and receive a full refund.
Cancellation of existing membership requires 30-day notice.
Fibonacci Fitness LLC reserves the right to cancel a membership at any time.
PAYMENT INFORMATION
Payment is expected upon (or prior to) arrival on the first day of your gym workout. We accept ACH Bank payments (recommended), credit cards* and cash (Drop-ins only).
Recurring Monthly Unlimited Memberships will be invoiced each month on the day of signup. Invoices will be sent via email with a payment link. Then it's just a simple click to authorize a payment. Recurring payments can be setup for a one-time fee of $1.
Payment for Punch Card Memberships will be taken on or before the first day of use. After all workouts have been used a new punch card can be purchased at anytime. Drop-in members simply pay upon arrival.
*PLEASE NOTE there is a 3% surcharge for payments processed using a credit card.
Become a Member
Are you ready to join us at the FibFit Gym? Fill out the membership waiver form to complete the application process.