This is the agreement you sign when you join Q Fitness, published here so you can read it at your kitchen table rather than on a clipboard at the desk with somebody waiting.
Q Fitness is operated by MQ Iron, LLC. The version you sign at signup is the one that governs your membership. Two sections of the signed contract — the state-specific cancellation rights notice and the cancellation/key-return terms — are still being confirmed with Mike before they go up here; ask us if you'd like to see them ahead of that.
Informed consent
Purpose
I hereby consent to voluntarily engage in this program to improve my general health.
Risks
I understand and have been informed that there exists the possibility that during exercise I may experience injury or in a remote case, even death.
Benefits to be expected
I understand that this program may or may not benefit my physical fitness or general health. I further understand that I will likely improve my exercise capacity and fitness level after a period of 3–6 months.
Confidentiality and use of information
I have been informed that the information, which is obtained in this program will be treated as privileged and confidential and will not be revealed without written consent.
Injuries and freedom of consent
I have been given the opportunity to ask questions and have no further questions regarding this informed consent.
Express assumption of risk
Since exercise presents physical risks, one should not participate without a physician's approval. I acknowledge that obtaining physician's approval is my responsibility and that failure to obtain physician's approval may result in injury. I assume the risk of injury and in a remote case, even death and voluntarily choose to participate in this program.
Agreement and release of liability
I declare myself to be physically and mentally sound. I have disclosed in writing (or) verbally on the MQ Iron, LLC Medical and Lifestyle Questionaire, any and all chronic conditions, prior injuries and operations, and currently prescribed medications. I do hereby waive, release and discharge MQ Iron, LLC and its officers, agents, employees, representatives, executives and all others acting on their behalf, from any and all claims or liabilities for injuries or damages to my person and/or property, excluding those caused by intentional negligence or intentional omission arising out of connection with this program.
24-hour access
I understand and agree that this is an unsupervised fitness center. Member acknowledges that no employee will be on site to provide assistance in using the equipment. In recognition of the possible danger connected with any physical activity, member hereby knowingly and voluntarily waives any right of cause of actions now or hereafter of any kind whatsoever arising from which any liability, which may or could accrue to MQ Iron, LLC, and its affiliates. Member will reimburse via their pay method for any damages he/she may cause to the equipment and/or to the physical infrastructure of the facility.
Family member indemnification
If this is a family membership application, the undersigned agrees that each member of his/her family to be covered, has agreed to assume the risk of injury as stated above and the undersigned will indemnify and hold MQ Iron, LLC, its owners, agents and employees harmless from any claims, for such claims, for such injury and damages brought by such family member.
Consent to exercise testing
In order to establish a baseline, we will often perform exercise testing. I consent to and understand that there is a risk to exercise testing.
Policies and procedures
- I understand that I must pay in advance for my appointment or as it is completed.
- NO-SHOWS and cancellations received less than 24 hours prior to the scheduled appointment will be charged full rate. I understand that I am responsible for payment of these missed sessions.
- I understand that if I arrive late to an appointment, that only the remaining time will be serviced.
- I understand that I may work with a variety of staff members while in the program.
- I understand that unused credit will expire one year from date of payment.
- I understand that fitness packages are to be completed within a certain time period unless otherwise noted. From 1st appointment: 4 week packages have 5 weeks to complete, 12 week packages have 14 weeks.
- I acknowledge that returned checks are subject to a $30.00 fee and I agree to pay this fee if circumstances warrant.
- Any special fitness programs that you may take advantage of that are free and time, material based must be paid for if you choose to opt out before the program ends.
- Membership cancellations require 30 days' notice before the next billing date. This agreement, and any cancellation notice, may be completed and signed digitally — no paper copy is required.
- If I cancel, I may be asked for a few minutes of feedback about why. It's optional, and it isn't used to change my mind.
Payment information authorization
By executing this Agreement, you authorize Club and Club's agents, including its third party payment processing companies (“Club's Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes and charges) and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
Text and phone communications consent
By checking this box, you agree that MQ IRON LLC DBA Q Fitness, may deliver or cause to be delivered to you at the telephone number provided by you in your membership application and membership contract, telephone calls, telemarketing calls, SMS messages (including text messages), voicemail messages and similar communications using automated systems and technology (including automatic telephone dialing systems), and/or artificial or prerecorded voice messages. Such communications would be about your account, as well as offers from MQ IRON DBA Q Fitness. You acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. You may opt-out at any time. Message and data rates may apply. Message frequency varies. For SMS: text HELP for help and text STOP to cancel messages.
How Gym Desk uses your information
Gym Desk collects information about you that is provided in conjunction with your purchase of services from one of Gym Desk health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to Gym Desk in any manner, or when you update account or contact information at the club or online. The information Gym Desk collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. Gym Desk collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. Gym Desk uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members.
I attest contract, understand and agree that I am legally bound by all its contents.