Agreement, Terms & Conditions, Rules

AGREEMENT TERMS, CONDITIONS, PRIVACY POLICY AND RULES

Body Shop Fitness Centers
P.O. BOX 622 FRUITLAND, ID 83619-0622

LOCATIONS:

1294 SW 4th Ave – Ontario, OR 97914

888 N Whitley Dr – Fruitland, ID 83619

300 N 16th St – Payette, ID 83661

Effective May 1, 2022

All persons, by entering any of the locations, the use of the Body Shop Fitness Centers mobile application or website or any other activities associated with Body Shop Fitness, LLC do hereby subscribe to the following Agreement, Terms and Conditions and clubs’ rules. These Agreement, Terms and Conditions, Privacy Policy and clubs’ rules are effective May 1, 2022, and they supersede any other agreements.  Agreement will automatically renew each month for members unless cancelled as instructed herein. ALL PROPERTIES ARE UNDER 24-HOUR VIDEO SURVEILLANCE, RECORDING AND MONITORING

All agree to be solely responsible for the constant accuracy of the payment information and to provide a major credit card for security purposes and no charges will be made to that account without your specific authorization or per the circumstances mentioned hereafter. All understand that it is your responsibility to provide accurate and current billing information. If your credit card is reported lost or stolen or the card expires or if you close the account of record, failing to provide new billing information to Body Shop Fitness, LLC. prior to your billing date, you are responsible for the fees as defined herein. You authorize Body Shop Fitness, LLC to charge your account, as agreed, for the monthly payment or other charges as defined in this agreement. All understand and agree that this agreement is transferable and may be sold to a third-party pending acceptance of third party by Body Shop Fitness, LLC. such as a third-party billing service, new owner by sale of Body Shop Fitness, LLC. or by other action and remains fully in effect.

All further agree to pay penalties as follows, charged to the account of record, when necessary: *$50.00 for each occurrence of an unauthorized guest on the premises or any member of this agreement allowing someone else to use their card to enter the gym or tanning room. Guest visits must be preauthorized by Body Shop Fitness, LLC. at 208-414-BODY (2639) and a $5.00 fee per visit, per guest must be paid. *$20.00 for each non-sufficient funds returned payment and/or credit card charge backs, including but not limited to credit card declines, expired credit card accounts, etc. *Other amounts related to violations as posted within the facilities. All agree to pay fully for any damage due to negligence or willful misconduct, theft or other abuse of the facilities and equipment at their hand, any member of this contract or by those they bring as guests.

CANCELLATION POLICY:  All understand that THIS IS NOT AN ANNUAL CONTRACT AND MAY BE CANCELLED AT ANY TIME AS DEFINED HEREIN:Our Easy in – Easy Out cancellation policy is effective May 1, 2022.  To begin the cancellation process, go to the CANCEL tab on our website and complete the online form.  A member of our staff will contact you to confirm the cancellation.  PLEASE COMPLETE THE ONLINE FORM BEFORE YOUR BILLING DATE!  If you have prepaid your last month membership when you joined, this is all you will need to do.  You will have that last month to use the club(s).  We will contact you for confirmation of the cancellation.  Please be certain your contact information is current.  If you did not prepay your last month, you will be required to give the minimum 30-day notice that you agreed to at joining and pay the last month.  Only the responsible party may cancel the accounts of those for whom they are paying. Cards or fobs are not returned. Again, we recommend that cancellation be made slightly before your regular billing date. No partial months will be prorated or refunded.

All understand and accept the following: The use of these facilities may involve risk of injury to you or others, whether you or someone else is the cause of the injury. As such, YOU understand and voluntarily accept this risk and agree that Body Shop Fitness, LLC will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to myself or your family members including unborn children from the negligence of Body Shop Fitness, LLC or anyone acting on behalf of Body Shop Fitness, LLC or anyone using the facilities, whether the negligence is sole, joint, concurrent, active or passive. If there is any claim by anyone for any injury, loss, or damage, described herein, which involves yourself or your family members, YOU agree to (1) defend Body Shop Fitness, LLC against such claims and reimburse Body Shop Fitness, LLC for all expenses relating to the claim and (2) indemnify Body Shop Fitness, LLC for all liabilities to myself or your family members or anyone else resulting from such claims. It is your responsibility to know your own physical limitations and YOU understand that YOU should consult a physician before beginning any exercise program. A parent or guardian signing this document on behalf of a minor child accepts these terms and conditions on behalf of that child (children) and all consequences therein. YOU will read all the rules as posted in the facilities and understand that violations may result in fines and/or denial of services. Some facilities may be unavailable at certain times due to various reasons, included but not limited to cleaning, damage, construction, remodeling, business closure, Acts of God, etc. YOU understand and accept that your membership is for all available operating facilities and does not guaranteed entry to any specific facility. Body Shop Fitness LLC reserves the right to refuse service at any time.

YOUTH MEMBERSHIPS: All understand that youth memberships are for youth ages 10 – 17 only.  All understand and authorize a change of membership status on, or about the 18^th birthday of the member youth.  All youth cum adults will be changed to the membership parallel to their youth membership.  Youth BASIC – One location, will become an Adult Youth for the same location, at the current monthly rate for the BASIC Membership.  Youth DELUXE – All locations, with DELUXE parent, will become a DELUXE member at the current Adult DELUXE Membership rate.  Memberships will continue to be billed to the same credit card unless cardholder changes the status.  Activation fees for the new membership levels will be waived for youth in good standing.  NOTE: THE YOUTH FOB WILL NEED TO BE EXCHANGED FOR AN ADULT FOB AT NO CHARGE.

PERSONAL TRAINING CLIENTS: Body Shop Fitness Centers agree to provide certified and professionally trained staff. Trainers may vary from visit to visit although every effort will be made to accommodate special requests. Should a trainer fail to report for a scheduled session, customer will not be charged and will receive a free session. Should you fail to appear for a scheduled session, the full session fee will be charged with no make-up session. If a customer wishes to change a scheduled session, they must speak with or email directly the scheduled trainer OR the Personal Training Supervisor, no less than 10 hours prior to the start of the session to avoid being charged.

If this is a bundle of multiple sessions to be used over a period to exceed one month, this contract is not refundable but is transferable and may be sold or transferred to a third party by you pending acceptance of third party by Body Shop Fitness Centers.  At the sole discretion of Body Shop Fitness Centers, the collectible balance of this contract may be transferred to a third-party billing service, new owner by sale of Body Shop Fitness Centers or by other action and remains fully in effect.

If this is a month-to-month personal training membership, your membership must be cancelled at least 72-hour prior to your billing date.  Please consult your trainer for assistance with this process.

TANNING CUSTOMERS agree to the following rules for the use of the tanning bed: YOU understand if YOU fail to comply with the rules specified herein, that YOU will forfeit your rights to any further use of any of the tanning beds owned by Body Shop Fitness, LLC. YOU may use the tanning as many times as YOU like but not more than once in any 24-hour period. YOU will only use the tanning bed for your own personal use and YOU will not share or lend your card to any one or use your card to grant someone else access to the tanning room. If YOU do your account will automatically be charged a $50.00 fee for each offense. YOU will not hold Body Shop Fitness, LLC or associates thereof liable in the event of injuries sustained through the use of the tanning bed, authorized or unauthorized, proper or improper. YOU will perform the proper cleaning maintenance required after each use. YOU will use only tanning lotions approved for tanning bed use. YOU will provide your own proper eye protection and wear them while using the tanning bed. YOU will secure the door to the tanning room while YOU are using the room. YOU are over the age of 18. Tanning agreements may be cancelled at any time. No unused portions will be refunded.

ON HOLD POLICY: In cases where a member would have normally cancelled for seasonal or other reasons, we have created this money saving option. Members may now protect their monthly rate and avoid paying additional activation fees or higher monthly rates. This can be done by placing their membership in On Hold Status, rather than cancelling. Accounts may be placed On Hold Status for up to 90 days with a minimum of 1 month paid interval between hold periods. There is a $6 per month/per member fee for On Hold Status. Your club access card will not be active during hold period and use of the facilities is prohibited. Contact the business office to secure this option.208-414-2639 Select option 2.

If any payment on this account is declined, for any reason, all access cards on the account will be disabled and entry to the club(s) prohibited. Accounts not paid within 1. If the last month has been pre-paid, by the next billing date. OR 2. If the last month is NOT Pre-paid, within 10 days will be cancelled by default and the account(s) deactivated. After deactivation, if any member of this agreement wishes to rejoin, a new membership will then be required including full activation fee and the latest current monthly rate.

All understand that Body Shop Fitness, LLC retains the right to increase your monthly rate, without notice, under the following terms: 1.) Never during the first 12 months after joining or more than once in the 12-month period following the last rate increase. 2.) Any increase will be reasonably based on increased cost of operations and is at the sole discretion of Body Shop Fitness, LLC.

All understand that Body Shop Fitness, LLC retains the right to charge an Annual Facilities Improvement Fee.  This fee is assessed on each membership and will be an equal amount for each member.  The fee will be a minimum of $20 and not to exceed $50.  It will be charged once per year on or about the first day of July.

All understand that youth memberships are limited access and youth ages up to age 18 are not permitted in a 24-hour facility between the hours of 10:00 PM and 6:00 AM unless accompanied by a parent or legal guardian. No other adult qualifies. Youth membership pricing is only valid until the member’s 18th birthday. On the next billing cycle, youth will be changed without fees to the current adult pricing. Youth must exchange their youth fob (Green or Yellow) for an adult fob allowing 24-hour access – there is no charge for the fob.

Terms and Conditions
Agreement between User and www.bodyshopfitnesscenters.com and other affiliated sites and mobile applications.

Welcome to www.bodyshopfitnesscenters.com. The www.bodyshopfitnesscenters.com website (the “Site”) is comprised of various web pages and additional sites operated by Body Shop Fitness, LLC (“Company”). www.bodyshopfitnesscenters.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.bodyshopfitnesscenters.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.bodyshopfitnesscenters.com is an E-Commerce Site.
Through www.bodyshopfitnesscenters.com or our affiliated sites and mobile applications, paying members may receive online personal training services and online custom meal planning in addition to other goods and services.
Electronic Communications
Visiting www.bodyshopfitnesscenters.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bodyshopfitnesscenters.com only with permission of a parent or guardian. Parents may provide this information for children age 10 and older when purchasing a membership for said minor.

Links to Third Party Sites/Third Party Services
www.bodyshopfitnesscenters.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. Certain services made available via www.bodyshopfitnesscenters.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bodyshopfitnesscenters.com domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.bodyshopfitnesscenters.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.bodyshopfitnesscenters.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.  Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.bodyshopfitnesscenters.com or Posted on Any Company Web Page
Company does not claim ownership of the materials you provide to www.bodyshopfitnesscenters.com (including feedback and suggestions) or post, upload, input or submit to any Company Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your Company account to third party accounts. By connecting your Company account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users. The Service is controlled, operated, and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through www.bodyshopfitnesscenters.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BODY SHOP FITNESS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BODY SHOP FITNESS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BODY SHOP FITNESS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BODY SHOP FITNESS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BODY SHOP FITNESS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which www.bodyshopfitnesscenters.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.

Contact:
Company welcomes your questions or comments regarding the Terms:
Body Shop Fitness, LLC
PO Box 622
Fruitland, Idaho 83619
Email Address: info@bodyshopfitnesscenters.com
Telephone number: 208-414-2639
Effective as of May 1, 2022

Body Shop Fitness Centers Rules:

Body Shop Fitness Centers are 24-hour facilities with limited staffing. Compliance to the following rules is required of all members in our gyms.  Failure to comply will result in immediate termination of gym privileges and, if circumstances warrant, legal prosecution.  Failure to follow these rules may result in fines to the account of record.  All persons entering the premises agree to the following:

• NO GUESTS! If you wish to bring a visitor, a pass must be obtained from management BEFORE entering the facility by calling 208-414-BODY and pressing extension 3.  Follow the instructions given.  Theft of services / trespassing will not be tolerated!
• NO CHILDREN under 10 years of age are permitted in the facilities at any time. Children 10-14 must be paid members/guests and accompanied by a member parent.
• Youth Ages 15 – 17 may ONLY be in the clubs between the hours of 5:00 AM and 10:00 PM unless accompanied by a member parent/guardian.
• ONE CARD, ONE MEMBER. Each member must scan in each visit.  Two people may not enter on one card.
• Never open the door for anyone, even if they have a card in their hand. Their card may have been turned off by management.  YOU MAY BE CHARGED $50 FOR OPENING THE DOOR.
• If your card doesn’t work, you must contact management before entering.
• Membership cards are NOT transferrable and cannot be loaned or sold. Lost or stolen cards must be reported and replaced.
• NO STREET SHOES. Bring clean gym shoes and change or use clean stocking feet.
• No dirty or inappropriate / potentially offensive clothing. Shirts and bottoms always required.
• No changing clothes in exercise areas.
• Towel service is a benefit of membership. Please leave used towels in the hamper at the club.  Towels removed from the club may be billed at $5 each to the member’s account.
• No outside equipment brought into the gym. Non BSFC equipment will be discarded without warning.  (Let us know if there is equipment, you’d like us to purchase and we’ll accommodate, if feasible.  Use a comment card from the front desk)
• No boom boxes or universal remotes. Personal music devices MUST have earphones and may not be audible to others.
• No foul or offensive language or other behavior deemed offensive.
• Do not tamper with cameras, flat screen TV’s, sound system or non-workout areas.
• Headphones or ear buds must be used on treadmills and other equipment with television / audio features.
• On selectorized weight machines, DO NOT DROP WEIGHT STACKS! Control your lift.
• In the free weight area, no Olympic lifts
  • RACK YOUR WEIGHTS – Plates with lettering and grip edge out, Dumbbells in order on the rack.
  • Bench lifts and squats must be spotted
  • No free weights or dumbbells off the rubber mats
  • Do not drop weights!
• Wipe down sweaty areas on the equipment. Use the disinfectant wipes.
• Stationary floor exercises only; please use mats. No sprints or lunges in walkways.
• Return mats, balls, benches, weights, etc to their rightful places.
• If you break it, you buy it! Including equipment, furniture, mirrors, tanning bed, etc.  Please see your agreement.
• No alcohol, tobacco, food, or drugs in any form are permitted on the premises. Use of the facilities under the influence of drugs or alcohol is strictly prohibited.
• All facilities are monitored by remote video and all activity is recorded for the sole protection of Body Shop Fitness Centers.

We appreciate your business, and we promise to continue to provide superior fitness facilities.  Please report damaged equipment and abuses.  Abuse reports will be kept anonymous, however please provide your name should we have questions.  Abuse of these facilities, employees, customers, or trespassing will be prosecuted to the fullest extent of the law. We reserve the right to refuse service.   Questions or concerns can be directed to 414-BODY(2639).

The honor system requires honorable people. 

By entering these facilities, you also agree to the following Terms and Conditions:
I understand and accept the following: The use of these facilities may involve risk of injury to me or others, whether I or someone else is the cause of the injury. As such, I understand and voluntarily accept this risk and agree that Body Shop Fitness Centers or their affiliates will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to myself or my family members including unborn children from the negligence of Body Shop Fitness Centers or anyone acting on behalf of Body Shop Fitness Centers or anyone using the facilities, whether the negligence is sole, joint, concurrent, active or passive. If there is any claim by anyone for any injury, loss, or damage, described herein, which involves myself or my family members, I agree to (1) defend Body Shop Fitness Centers and their affiliates against such claims and reimburse Body Shop Fitness Centers for all expenses relating to the claim and (2) indemnify Body Shop Fitness Centers and their affiliates for all liabilities to myself or my family members or anyone else resulting from such claims. By signing this agreement, I signify I understand and agree with the Assumption of Risk and arbitration clauses. A parent or guardian signing this document on behalf of a minor child accepts these terms and conditions on behalf of that child (children) and all consequences therein.

I understand and accept the following: Children under 10 years of age are always prohibited from the facilities. Paid member children 10 to 14 must be always accompanied by paid member parent.  Guests are always prohibited from the facilities unless authorized in advance by Body Shop Fitness Centers.  Membership card(s) are for paying members ONLY and are non-transferable.  I will only enter the facilities, by myself, with my own card.  Sharing of card(s) constitutes theft of services and will be fully prosecuted as such of the law and will result in fines as referred to in my membership agreement. Vandalism, theft, trespassing or abuse of equipment, property, staff or customers will be prosecuted, and all damages may be charged as referred to in my membership agreement. Video monitoring equipment is in use and will be submitted as evidence as will door entry logs.  I understand it is my responsibility to read and comply with all rules as posted and rules that may be posted in the future.  Failure to comply with said rules may result in my access to Body Shop Fitness Centers facilities being suspended permanently; I will still owe for the full remainder of my contract length due, monthly payment terms are negated and the remaining balance will be immediately collected electronically.  Some facilities may be unavailable at certain times due to various reasons, included but not limited to cleaning, damage, construction, remodeling, business closure, Acts of God, etc.  I understand and accept that my membership is for all available operating facilities and does not guaranteed entry to any specific facility.  I will advise Body Shop Fitness, LLC when any of my contact information changes.