Membership Agreement
This is the agreement you accept when you buy a membership, online or at the desk.
Jerry Partners LLC d/b/a Sweat House Gym, 300 1st Ave W, Kalispell MT 59901 ("the Club"). The person purchasing this membership is "the Member."
1. Membership and term
The Club grants the Member access to its facility on the plan, at the rate, and for the term shown on the checkout screen accompanying this agreement, which is incorporated into it. A 12-month plan is a twelve-month commitment. A monthly plan has no term. There is no initiation fee and no annual fee.
Where a plan covers more than one person, each additional person must be named on the account and must accept this agreement and the Club's waiver before using the facility, and each is then a Member for the purposes of sections 6 to 11. A person under eighteen (18) must be accepted by their parent or guardian.
At the end of a 12-month term the membership continues month to month at the Club's then-current no-commitment monthly rate for that plan, unless the Member cancels under section 5. The Club will give the Member notice of that rate at least thirty (30) days before the term ends.
2. Fees and payment authorization
The Member authorizes the Club and the financial institution behind the payment method provided to initiate recurring electronic debits, and any credit entries or adjustments required to correct them, for all amounts due under this agreement. Recurring plans are billed on the same day each month. This authorization remains in effect until the membership is canceled under section 5 and any balance is paid.
The Member is responsible for keeping a valid payment method on file. If a payment is returned or declined, the Club will attempt to contact the Member and may apply a $15 charge per returned transaction. Balances unpaid after thirty (30) days may accrue a service charge and result in suspension of access. Balances unpaid after sixty (60) days may be referred for collection, and the Member is responsible for reasonable costs of collection.
Dues paid are not refundable except as provided in section 5.
3. Freeze
The Member may freeze the membership for up to sixty (60) days per calendar year at no charge. A request must be made at the front desk at least ten (10) days before the next billing date, and the account must be current. Billing is suspended for the freeze period and a term is extended by the same number of days. A request made fewer than ten (10) days before the billing date takes effect after that payment processes; the Club will not reverse a payment already in flight. Longer medical holds are considered case by case and the Club may require verification from a physician.
4. Transfer and assignment
The Member may transfer this membership only with the Club's written consent and only if the account is current and paid in full. The transferee assumes all remaining obligations under this agreement.
The Club may assign this agreement to a successor owner of the business. The Member's rights and obligations continue unchanged.
5. Cancellation
(a) Seven-day right to cancel. The Member may cancel this agreement without penalty or further obligation within seven (7) days of the agreement date by telling the Club by telephone at (406) 752-2438, in person at the front desk, or in writing to the address above. On a cancellation under this subsection the Club will refund all amounts paid under this agreement within fifteen (15) business days of receiving the notice. This full refund applies only to cancellation within the seven-day period.
(b) Cancellation for cause, at any time, at no cost. The Member may cancel at any point in a term, without an early termination fee, if (i) a physician certifies that the Member cannot physically use the facility because of significant physical disability for a period exceeding six (6) months, (ii) the Club ceases to offer the services through closure of the facility, or (iii) the Member dies, in which case the estate has no further obligation. The Club will refund any prepaid amount covering the period after the effective date of a cancellation under this subsection, calculated pro rata.
(c) Monthly plans. The Member may cancel a monthly plan at any time, effective at the end of the current billing month. Notice of any cancellation under this section may be given by telephone, in person at the front desk, or in writing. To stop the next scheduled payment, notice must reach the Club at least fifteen (15) days before the billing date; notice given later takes effect after that payment.
(d) Term plans, ending early. If the Member ends a 12-month plan before its expiration date for a reason other than those in subsection (b), an early termination charge applies, calculated as fifty percent (50%) of the amount attributable to the unexpired months of the term. On a plan billed monthly that charge becomes due on cancellation. On a plan paid in full, the Club instead refunds the amount attributable to the unexpired months less that charge. In either case the amount attributable to a month is the total price of the term divided by twelve.
The charge is due on the effective date of cancellation. Access continues to the end of the month already paid for. The parties agree this is a reasonable estimate of the Club's loss, which is difficult to determine precisely, and is not a penalty.
(e) By the Club. The Club may suspend or terminate this membership for non-payment or for conduct in breach of section 6, and will refund the unused portion of any prepaid dues where it terminates for conduct.
6. Facility rules
The Member agrees to follow the Club's posted rules and the direction of Club staff. The following are terms of this agreement:
The facility is for exercise and fitness. Loitering in the building or on the property, including the parking lot, is not permitted.
The Member must check in at the front desk on every visit using their key tag, and may be asked for photo identification without it. A replacement key tag is $10. Key tags are not transferable and the Member must not admit any other person to the facility, at any hour.
Members must be fifteen (15) years of age or older. Members aged 15 to 17 require a waiver signed by a parent or guardian.
Proper athletic attire is required. Work boots, dress shoes and sandals are not permitted in the training areas.
The Club does not permit conduct that harasses, threatens or is bothersome to members or staff, including abusive, demeaning or profane language and lewd behavior.
The following are prohibited:
- Alcohol, drugs including anabolic steroids, and smoking or vaping anywhere on the premises
- Weapons of any kind
- Photography or video capturing another person without their consent, and any photography or video whatsoever in the locker rooms, changing rooms or childcare room
- The delivery of paid services on the premises by any person not employed by the Club, including personal training, in which case both the provider and the recipient forfeit their memberships
Mobile phones may be used for the Member's own training. Calls are to be taken away from the equipment.
Members are asked to share equipment when the facility is busy, wipe down equipment after use, and return all equipment to its place.
While a scheduled class is in session the studio is reserved for its participants.
The Club may limit food and beverages in workout areas, and may amend its rules under section 13.
7. Guests
Every guest must purchase their own day pass, multi-day pass, or membership, complete a waiver, and check in at the front desk before using the facility. A guest under eighteen (18) must be accompanied by an adult. The Member is responsible for their guest's compliance with this agreement and the Club's rules.
What a guest or Member paid for a pass is credited against a membership bought within thirty (30) days of that pass's last valid day. The credit applies once, to the first amount payable under the membership, and it does not reduce a membership below zero or convert to cash.
8. Childcare
Where childcare is included in or added to this membership, a parent or guardian must remain inside the building for the entire period their child is in the childcare room. This condition is not waivable by Club staff.
A visit is limited to 90 minutes. The room takes up to eight children at a time, and a child registered ahead has priority over a walk-in. Childcare is open weekdays only, during the hours posted at the desk. The Club asks for a child's routine immunization record at registration, and a child presenting signs of illness will not be accepted.
Use of childcare requires a separate childcare agreement, which governs in the event of any conflict with this section.
9. Medical representation
The Member represents that they are in sufficient health to undertake physical exercise and are not aware of any medical condition that would make use of the facility unsafe. The Member agrees to obtain medical clearance where appropriate, to disclose to Club staff any condition relevant to their safety, and to discontinue any activity that causes discomfort, pain or distress. The Club does not provide medical advice and does not assess a Member's fitness to train.
10. Assumption of risk and release
The Member acknowledges that exercise and use of the Club's facility, equipment, classes, personal training and sauna involve inherent risks, meaning dangers characteristic of those activities that cannot be prevented by reasonable care.
Known inherent risks include, without limitation:
- Muscle, tendon and ligament strains, sprains and tears
- Joint, back and spinal injury
- Fractures
- Loss of control of a weight the Member is lifting, carrying or spotting
- Collision with equipment, fixtures or other persons in normal use of a shared facility
- Overexertion, dehydration, heat illness and fainting
- Cardiac events
- Aggravation of a pre-existing condition
- Permanent disability
- Death
The Member voluntarily assumes all inherent risks of these activities, whether known or unknown, and accepts responsibility for any resulting injury, damage, illness or loss.
To the extent permitted by law, and in particular to the extent permitted by Montana Code Annotated 27-1-753, the Member releases and discharges the Club and its owners, officers, employees, agents, successors and assigns from liability for injury, damage, illness or loss arising out of the Member's use of the facility or services, including claims arising from the Club's ordinary negligence.
This release does not apply to, and the Member does not waive, any of the following: any claim arising from the Club's fraud, willful or intentional injury, gross negligence, or violation of law; any claim relating to the design, manufacture, provision or maintenance of equipment; or any other right that cannot lawfully be waived.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
The Member agrees to indemnify the Club against loss arising from a claim brought by a guest the Member brings to the facility, to the extent that loss is finally determined to have been caused by the negligent or intentional conduct of the Member or of that guest. This indemnity does not extend to any loss caused by the Club.
11. Personal property
The Club provides lockers and towels for convenience only and does not provide locks. The Club is not responsible for loss of or damage to personal property, except where the loss is caused by the Club's fraud, intentional misconduct, gross negligence or violation of law. Items left overnight may be removed. The Member may leave valuables at the front desk while training, at the Member's own risk.
12. Media
The Club may photograph or record its facility and activities for its own promotional use, and the Member consents to appearing incidentally in such material. The Member may withdraw this consent at any time by notifying the front desk in writing, and the Club will not use new material identifying the Member after that notice.
13. General
Amendment. The Club may amend its facility rules at any time by posting them in the facility. A change to dues or to the services included in the Member's plan takes effect at the Member's next renewal, not during a term, and the Club will give notice before it takes effect.
Entire agreement. This agreement, together with the checkout screen it accompanies and any Club waiver the Member has accepted, is the entire agreement between the parties and supersedes any prior or contemporaneous representation. Where the Club holds no waiver record for the Member, the Club may require one before first use of the facility. No Club employee has authority to vary this agreement orally.
Severability. If any provision of this agreement is held unenforceable, that provision is severed and the remainder continues in full force. In particular, if the release in section 10 is held unenforceable in whole or in part, the Member's assumption of inherent risks in that section survives independently.
Notices and electronic communications. The Member consents to receiving this agreement, receipts, billing notices and other communications electronically at the email address on their account, and to the Club retaining this agreement in electronic form. The Member is responsible for keeping that address current. Notices to the Club may be given at the address or telephone number above.
Governing law and venue. This agreement is governed by the laws of the State of Montana. Any action arising out of it is to be brought in the courts of Flathead County, Montana.
Waiver. The Club's failure to enforce any provision is not a waiver of it.
14. Acknowledgment
By checking the box and typing their name on the checkout screen, the Member acknowledges that they have been given the opportunity to read this agreement in full, that they have read and understood it, that they intend their typed name to be their electronic signature with the same effect as a handwritten signature, and that they agree to be bound by it. The Member acknowledges in particular that section 10 contains an assumption of risk and a release of liability.