TERMS & CONDITIONS
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Doyenne Barbell and Fitness LLC, located at 6111 N Figarden Drive, Fresno, Ca. 93722 (“Doyenne Barbell and Fitness LLC”), and you the member. Doyenne Barbell and Fitness LLC is a women’s health and fitness club offering group fitness classes, open gym, and personal training. This Agreement entitles members access to participate and to enjoy other amenities offered including but not limited to: lockers, and changing rooms, unless noted otherwise.
Please review this Agreement thoroughly as it is a legal contract between Doyenne Barbell and Fitness LLC and all members. By using the services offered at Doyenne Barbell and Fitness LLC, members are agreeing to the terms of this Agreement.
The agreement starts as soon as both parties have signed and payment has been made.
Membership starts on the membership start date.
Members are entitled to all rights and privileges for the type of membership chosen.
This agreement is non-transferable.
Any membership cancellations require a 30 day notice prior to cancellation, and can be sent via email or the Doyenne App chat.
FEES AND CHARGES
The membership fee relates exclusively to the use of the gym. All other activities associated with the membership are deemed to be an addition to the fee and are subject to change (events, workshops, etc.)
All payment for membership is due in advance as follows:
Monthly direct debit memberships: A pro-rata initial payment for the balance of the first month's membership, followed by advance payments on the first day of each following month by Direct Deposit.
Sign up fee: Is due and payable immediately before the facility can be used.
These payments are non-refundable except in circumstances where:
There has been a breach, mistake, or negligence by Doyenne Barbell.
On the valid exercise of your statutory cancellation rights.
All monthly membership payments shall be paid by Direct Debit and are payable monthly in advance.
A minimum of 30 days notice is required before this contract can be terminated.
You may cancel this Membership Agreement at any time. There is an early termination fee of $50 for each month left on the contract. You must provide Doyenne Barbell and Fitness LLC written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than (30) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the following month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than (30) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Doyenne Barbell and Fitness, these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and Doyenne Barbell and Fitness reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be canceled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Doyenne Barbell and Fitness’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from Doyenne Barbell and Fitness. The member shall provide proof of new residence.
If you fail to pay any amount due under this agreement for a period of more than 30 days, you will be denied access to the facility until the amount due has been paid in full.
You agree to advise us promptly of any change to the member details provided.
A member whose membership has been terminated shall forfeit all the privileges of membership with immediate effect, there will be no entitlement to refund of any monthly membership charges already paid.
Monthly membership fees may be increased, subject to 30 days notice.
For the avoidance of any doubt, any member who re-joins Doyenne Barbell and Fitness LLC following any previous period or periods of membership shall pay the appropriate joining fee for new members.
For members under 18 only (third party payer) the agreement to pay is with the person who gives consent to the membership; this must be the same person who makes the payment in full or initial payment and subsequent payments. It is the person over 18 who signs these terms and conditions and pays the membership fee that will be responsible for a breach of these terms and conditions. Members under 18 years of age have the right to cancel their membership anytime by contacting Doyenne Barbell and Fitness LLC and giving a 30 day notice.
Doyenne Bronze package, Doyenne Silver package, Doyenne Gold package members are billed month to month. These members are locked into a 6 or 12 month agreement. If you decide to close your membership before the 6 or 12 month agreement you must pay $50 for every remaining total months left on the contract. These members must give a 30 days notice before the 6 or 12 month period ends to cancel otherwise payment will continue on each month.
Hit or Quit It package members are billed month to month. These members agree to a no contract agreement. If you decide to close your membership you must give a 30 days notice before the period ends to cancel otherwise payment will continue onto the next month.
The 3 and 6 month membership packages are paid in full in advance and are also non refundable. These members agree to a no contract agreement. If you decide to close your membership you must give a 30 days notice before the period ends to cancel otherwise payment will continue onto the next month.
One week memberships and day passes cannot be applied towards membership packages.
Day passes are not applicable to classes. Classes must be paid for separately.
24 HR GYM ACCESS
Doyenne Members will be issued private door access through the Open Path App, which will entitle the member to access the premises and enjoy the use and benefit of Doyenne Barbell and Fitness LLC. Doyenne Member agrees not to allow any other person(s) (including children) access to the facility. Should Members violate any conditions of membership access, membership may be revoked with no refund, and criminal prosecution may be applicable.
FACILITY AND HOURS OF OPERATION
The facility is an unmanned fitness center and with the exception of any closures for maintenance or any mandatory shut downs by property management or any government authority, and or private event, is open 24 hours, 365 days a year. If for any reason the facility is closed, full membership for the month remains the same.
GROUP EXERCISE CLASSES
Classes are available to all Doyenne Barbell members except for the DOYENNE BRONZE. Members are solely responsible for the booking and canceling of their classes. No shows or late cancellations will be subject to a $10 fee. Classes that are canceled will not be refunded but can be use to book an alternative class. Members may reserve class spots in their account, through the Doyenne Community App or on the Doyenne Barbell and Fitness LLC website.
BRING A FRIEND
Doyenne Barbell and Fitness LLC welcomes you to bring a friend! When you bring a non-member of Doyenne Barbell and Fitness LLC, they must fill out the required forms and waivers prior to using the facilities located through a QR code inside the facility. A $15 payment is required for the day. Payment can be made through Doyenne Community App, Cash App or Venmo.
For your safety, the safety of your children and members, no children under the age of 9 is allowed in the Doyenne Barbell facility. Daughters between the ages 9-16 are free to workout with a parent in the gym. (this does not include classes. CLass space is limited and requires a fee of $20 for non- members) A minor waiver must be signed beforehand. When bringing a child into the Doyenne Barbell and Fitness facility, the child is under the parents supervision. Staff nor Doyenne Barbell is responsible for your child. Child must participate in fitness activities.
For your health and the safety and the health and safety of others, we require cleaning of equipment after use. Cleaning wipes and sanitizing spray is available for your courtesy near the entrance of the gym. It is your responsibility to use equipment correctly and carefully.
All equipment must be used as designed. If a member is not familiar with use of equipment, they must arrange instruction with a staff member. Members who abuse equipment of any fashion will be asked to leave. Improper use of the equipment can result in a termination of membership. Members shall pay for any damages for the club's property which results from the willful or negligent conduct of member, member’s guest or member’s children.
The club assumes no responsibility for lost or stolen articles. Lost and found articles not claimed within 30 days will be donated to charity.
Doyenne Barbell and Fitness LLC security cameras are located inside the facilities. Do not touch, move or block the view of any of the security cameras. Tampering with the locks, cameras, sound system, or lockers can result in a warning and/or termination of membership.
You hereby grant Doyenne Barbell and Fitness LLC, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Doyenne Barbell and Fitness LLC and to use and publish these photos or videos in print and/or electronically. You agree that Doyenne Barbell and Fitness LLC may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
You, the buyer, may choose to cancel this Agreement at any time. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the member are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with Doyenne Barbell and Fitness LLC.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Doyenne Barbell and Fitness LLC has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Doyenne Barbell and Fitness LLC can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to staff, and other clients and their families.
I voluntarily seek services provided by Doyenne Barbell and Fitness LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending classes.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Doyenne Barbell and Fitness LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the spa, or that may otherwise arise in any way in connection with any services received from Doyenne Barbell and Fitness LLC. I understand that this release discharges Doyenne Barbell and Fitness LLC from any liability or claim that I, my heirs, or any personal representatives may have against the spa with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Doyenne Barbell and Fitness LLC. This liability waiver and release extends to the salon together with all owners, partners, and employees.
WAIVER AND RELEASE
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. I acknowledge that I understand its content and that this release cannot be modified orally.
JUDGMENT FREE ZONE
As a member of Doyenne Barbell, you agree to a no judgment zone and participate in maintaining a kind, respectful, and inviting community. All the members and guests who participate in Doyenne Barbell programming or use the facilities are expected to: treat the Doyenne Barbell staff, facilities, and other members with respect and respond appropriately to all reasonable staff requests. Acting with character and courtesy while respecting the rights, welfare and dignity of all others in the gym is required by this agreement. You are required to abide by all relevant policies of the gym, and practice safe and responsible behavior at all times. Doyenne Barbell has a zero tolerance policy for cruelty, harassment, excessive teasing, discrimination, violence, and intimidation.
Members may be subject to temporary or permanent loss of membership privileges for the following misconduct: 1. Physical or verbal abuse, threats, intimidation, harassment, hazing, coercion and/or other conduct which threatens or endangers the health or safety of any person. 2. Unauthorized use or sharing of member code, including forgery or alteration of a membership code or granting unauthorized use or misuse of any Doyenne Barbell document, record, key, electronic device, or identification. 3. Unauthorized Entry including entry prior to payment of Doyenne Barbell membership dues. 4. Disorderly or lewd conduct including disorder associated with alcohol or controlled substances. 5. Recording images either by photograph, video or digitally without knowledge of the individual being recorded and without prior approval from the staff of Doyenne Barbell and Fitness. 6. Unauthorized Commercial Activity or use of the facility for personal or monetary gain, including posting, advertising, instructing by private sessions, or soliciting individuals in the gym for personal services, businesses, or agencies. 7. Use of alcoholic beverages. Members demonstrating signs of intoxication will be denied access to the gym or asked to leave immediately. 8. Failure to abide by a reasonable request of Doyenne Barbell staff.
As a member of Doyenne Barbell and Fitness LLC, you will receive 15% off of all Beauty By Lupe Spa Services, and 15% off all Doyenne Activewear not combined with sale items or with any other discounts.
Doyenne Barbell and Fitness LLC is a women’s fitness and health club designed specifically for and focused on women, although in some states, men are allowed to join.