TERMS: As used in this Membership Agreement, Project 13 Gyms refers to Project 13 Gyms CO LLC, dba Project 13 Gyms, and as used in this Membership Agreement, “Member” or “Members” refers to all individuals noted on this agreement.

2.  HEALTH GYM SERVICES: Immediately upon approval of membership, the Member will be entitled to use of Project 13 Gyms facilities consistent with this Membership Agreement, the membership type, and the Rules/Policies of Project 13 Gyms. Project 13 Gyms reserves the right to decide when the gym will be open for use, make changes to the type or quantity of classes or equipment offered and reserves the right to make reasonable changes to the hours of operation.

3. NATURE OF MEMBERSHIP:  Membership grants solely the right to use and enjoy the facilities of Project 13 Gyms in accordance with the Rules and Regulations as they may change from time to time.  Membership does not grant or carry with it any interest in the property or assets of Project 13 Gyms or give any right to Members to participate in the management of Project 13 Gyms, financially or otherwise. 

4. APPROVAL OF MEMBERSHIP:  All Membership Agreements shall be on forms prescribed by Project 13 Gyms, and shall be subject to payment of the required membership fees and approval of Project 13 Gyms.

5.  NONDISCRIMINATION:  Membership is open to any person, family, business or corporation of good character and responsible credit background.  Gym policy is to accept applications without regard to race, creed, color, sex or national origin.

6. PAYMENT OF MEMBERSHIP DUES: All new members must pay a membership fee as set forth in page 1 of this agreement.  All dues for each Membership type are payable on or upon execution of this agreement, or on or upon the first day of automatic renewal of that Membership type. Project 13 Gyms shall, from time to time, establish the amount, manner and time of payment of such fee.  Except as otherwise provided herein, if the membership is cancelled for any reason, Member shall not be entitled to any refund of the membership fee. 

7.   DUES:  All Membership dues shall be paid via EFT by the member on the same date as the date of execution of the membership agreement, and in the case of renewals, on the first date of the renewal. All dues for each Membership type are payable on or upon execution of this agreement, or on or upon the first day of automatic renewal of that Membership type.  There will be no refunds due to cancellation of Membership. The obligation to pay dues is not dependent on the availability of all Project 13 Gyms facilities or the frequency of use. Repairs, maintenance of some facilities, and/or other occurrences may make it necessary for Project 13 Gyms to restrict the use of one or more of the facilities or to close Project 13 Gyms temporarily.  Project 13 Gyms will not reduce or suspend dues during the time when facilities may not be available.  All membership dues are subject to a 3.5% annual increase on the anniversary date of the membership.

8.  REQUIRED PAYMENTS:  All dues for each Membership type are payable on or upon execution of this agreement, or on or upon the first day of automatic renewal of that Membership type. There will be no refunds due to cancellation of Membership. In addition to the terms set forth in paragraphs 6 and 7 above, this Agreement requires that the Member pay first month’s dues on the same day as the day member executes the membership agreement and dues will be paid by the Member on the same day for every subsequent month thereafter.  (For example, if Member executes th Membership Agreement on June 5, first membership dues will be paid on June 5 and subsequent membership dues will be paid on the 5th of every month thereafter.)

9.  CHARGES:  In addition to monthly dues all Members agree to pay charges incurred by self, guests or family members.

10. EXPENSES OF COLLECTION:  The Member agrees to pay, and shall be held liable for any and all expenses incurred by Project 13 Gyms, including but not limited to, attorneys’ fees and costs, in attempting to collect past due amounts from said member, whether fees, dues, charges or other debts. 

11. ACCOUNTING AND BILLING: Recurring fees, should there by any, will be billed in advance on a monthly basis along with any incurred house charges. 

12. DAMAGES:  Member shall be liable to Project 13 Gyms for any damage to Project 13 Gyms property caused by such member, or such member’s guest or dependent children.

13. SOLICITATION:  Members may not participate in solicitation of any kind toward any other Gym member, guest, or employee on Gym property.  No outside materials may be posted or distributed in Project 13 Gyms.

14. GYM RULES:  All members and their guests are subject to Project 13 Gyms Rules/Policies. Project 13 Gyms reserves the right to add, amend, or delete rules from time to time.  The rules referenced or contained in this Membership Agreement herein are not all-inclusive.  Signs posted in Project 13 Gyms and written memoranda will serve as additional rules.  

15. CHANGE OF MEMBERSHIP INFORMATION: Member is responsible for notifying Project 13 Gyms of any account information changes, including changes to the Member’s address, phone number or banking information.  Changes must be completed by the tenth of the month to be reflected on the next month’s billing statement. 

16. CHANGE OF MEMBERSHIP STATUS: Member is responsible for notifying Project 13 Gyms in writing of any persons who are added to or cancelled from the membership account, or any changes to the membership type .  A membership status change must be completed at Project 13 Gyms by the tenth of the month to be reflected the first of the following month.  The Member’s account must be a zero balance at the time of the status change.

17. VOLUNTARY MEMBERSHIP PAUSE: A member may choose to temporarily suspend their membership for any reason with appropriate notice to Project 13 Gyms.  In order to pause a membership, members must provide a 10-day written notice before their next bill date and complete the Project 13 Pause form.  The membership pause must be for a minimum of 28 days and a maximum of 56 days.  Members will be charged a $25 pause fee for every 28 days that the membership is paused.  Members can pause only 2 times per calendar year.

18. VOLUNTARY TERMINATION:  A member may terminate their Membership at any time with a 28 day written notice and completion of the Project 13 Gyms Cancellation form. Pursuant to Paragraph 6 of this Agreement, the Parties agree There will be no refunds as a result of any voluntary termination, and Project 13 reserves all rights available to it to collect any dues or charges owed upon termination. Member hereby waives its right to any refund of his/her dues, and releases Project 13, its directors, officers, employees, agents, and assigns from any liability whatsoever in relation to Member's dues.

19. INVOLUNTARY SUSPENSION OR TERMINATION:  Project 13 Gyms reserves the right to suspend or terminate the membership or privileges of any member for failure to comply with any of Project 13 Gyms Rules/Policies, for any conduct Project 13 Gyms determines to be improper or contrary to its best interests, or for non-payment of dues or other charges for a period greater than 60 days.  Suspended or terminated members remain liable for all dues or other indebtedness incurred prior to and during the suspension or termination, and are not entitled to a refund of any fees, dues, or charges paid.  Project 13 Gyms may also terminate a membership at any time without cause, in which event the corresponding Member(s) will be entitled to a refund of any prepaid dues beyond the effective date of termination.  

20. WARNING:  California law provides that it is illegal to aid or abet in the unlawful sale, use or exchange of anabolic steroids, testosterone and human growth hormone.

21.  PHYSICAL ACTIVITY READINESS: You agree that you and your dependent(s) are voluntarily engaging in physical exercise, and are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent your or your dependent(s) from exercising and using Project 13 Gyms facilities without injuring yourself/themselves or impairing your/their health; you have consulted a licensed physician concerning exercise, nutrition and food supplement programs that will not expose you to risk of injury or impairment to health; and your physician has approved your contemplated activities at Project 13 Gyms.  

1. ASSIGNMENT.  This Membership Agreement shall be subject to assignment by Project 13 Gyms, but may not be assigned by any Member.

1. BY SIGNATURE BELOW, undersigned Member hereby affirms that he/she has read, understands and agrees to all terms in this Membership Agreement, together with any accompanying membership policy information, and specifically understands and agrees to the following: