Focus Fitness Policies – Terms and Conditions

Gym Facility Policies

  • Use the “MEMBERS” door using your own keycard. $20 fee for tailgating.
  • Exit through “MEMBERS” door when leaving the facility.
  • Children and/or guests who have not checked in with the office must wait in the seating area outside of the “OFFICE” door.
  • Please re-rack your weights and wipe down equipment after use.
  • Dress appropriate and modestly. Shoes and shirts required. No sandals. No muddy shoes.
  • Place personal items in cubby spaces to help maintain neatness in the gym.
  • Members are not allowed to train other members. Any personal training must be performed by personnel designated by Focus Fitness.
  • Referral program: $5 off monthly dues for as long as a new sign-up is an active member.
  • Remember the facility is under 24 hour surveillance

Summary of Membership Policies

  • Member, by executing this agreement, does hereby join Focus Fitness and such membership entitles the member to use the facilities.
  • Member must present upon entering Focus Fitness his/her membership key fob. Member agrees that member may be denied access to Focus Fitness without his/her membership key fob.
  • Member agrees to abide by all Focus Fitness regulations. Member agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this agreement, member will be responsible for all payments due and owing under this agreement even if member does not use Focus Fitness’ facilities and services. However, in the event of death or disability. liability for fees will terminate as of the date of death or disability. If Focus Fitness becomes temporarily unavailable due to an event such as fire, flood. loss of lease, or the like, we will extend the member’s membership privileges for the period the facilities were unavailable.
  • If member violates this agreement and the terms contained therein or any of the rules and regulations for the use of the facility, Focus Fitness may suspend the member’s right to use the facility until such a time as the member provides Focus Fitness with reasonable assurance of future compliance. During the period of any such suspension, the member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this membership agreement. In the event member continues to violate the terms of this agreement or the rules and regulations governing this facility, the member’s membership may be terminated by Focus Fitness and the balance of the contract declared due and payable in full immediately.
  • Member agrees that member shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as a trainer for any other members or guests and any acts which constitute such business activities are strictly forbidden. If member engages in such commercial or business activities, member’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
  • Member agrees that member shall abide by Focus Fitness’ dress code at all times while in the facility. Do not wear jeans or any pants/shorts having blue jean type seams or rivets. Flip-flops or bare feet are not allowed in Focus Fitness. Shirts are required. No midriff tops, breast revealing tops, or butt revealing bottoms are allowed in Focus Fitness.
  • Member agrees that member shall not use loud or profane language upon Focus Fitness premises, nor shall member molest, badger, assault or harass other Focus Fitness members, guests, or employees. If member engages in such behavior, member’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
  • Member understands that Focus Fitness prohibits the use of any drugs or steroids and member agrees not to use any drugs or steroids on Focus Fitness premises. Member acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility, and infertility, and many other adverse health problems. Member recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon Focus Fitness premises.
  • Member understands member may be photographed at Focus Fitness. By execution of this agreement, member agrees to allow member’s photo, video or film likeness to be used for any legitimate purpose by Focus Fitness in their discretion. Member acknowledges that by signing this agreement, member gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to Focus Fitness.
  • Member agrees that if member fails to use Focus Fitness facilities, member shall not be released from the obligation to make all payments required by the terms of this membership agreement.
  • Arbitration: All disputes (except small claims under $1000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which Focus Fitness is located unless otherwise agreed. All arbitration proceedings must be made by an individual claimant, and will not be conducted on a “class” basis. The decision of the arbitrator must be a reasoned award. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state. Any award from the arbitrator may be appealed under the Appellate Arbitration Rules of the American Arbitration Association.
  • Should this agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree Focus Fitness shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
  • The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
  • This agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
  • Member authorizes Focus Fitness and their authorized designees to contact them by email, telephone, or by other means. Subject to applicable law, member agrees that any of these parties may contact member at any mailing address, phone number or email address set forth in member’s agreement papers, or any other address subsequently provided to, or obtained by, any such party. By signing agreement, member hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of Focus Fitness and/or their authorized designees, and member understands that such consent is not a condition of purchase.
  • Focus Fitness retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at Focus Fitness from time to time and all members shall be subject to strict compliance therewith.

Safety Notices

  1. This facility is under 24-hour recorded video surveillance, which may be retained by Focus Fitness for subsequent review, and member access card usage is logged.
  2. Member may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the member may be charged a guest fee and/or have their membership suspended or cancelled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. Member may not allow anyone else to use their access card and must alert Focus Fitness staff immediately if it is lost or stolen. Violating this policy, carries the same penalties as violating the guest policy.
  3. Members who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.
  4. Member has access to a free orientation to the facility and the proper use of all equipment. It is the member’s responsibility to request this orientation.
  5. It is member’s responsibility to wipe down all equipment after each use and re-rack weights they use. If member does not comply, Focus Fitness may charge member a fee.
  6. Member is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
  7. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the member’s membership, and the balance of the contract being declared due and payable in full immediately.

Cancellation Policies

  • Member contract may be cancelled within three (3) business days after the date of receipt by the buyer by written notice to the seller. The notice must be accompanied by the contract forms, membership key fobs, and any and all other documents and evidence of membership previously delivered to the buyer. All moneys paid pursuant to the contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.
  • Every contract shall provide that, after the three-day period of cancellation, the buyer’s estate may cancel a contract for services if the buyer dies. The buyer may also cancel after three (3) days if the buyer becomes totally and permanently physically disabled or moves his or her residence to a location more than thirty (30) miles from Focus Fitness.
  • Focus Fitness shall have the right to require and verify reasonable evidence of permanent physical relocation, permanent physical disability, or death. In the case of permanent disability, Focus Fitness may require in the contract that the buyer submit to a physical examination by a doctor agreeable to the buyer and Focus Fitness.
  • All moneys paid pursuant to any contract cancelled for the reasons contained in this section shall be refunded within thirty (30) days of receipt of the notice of cancellation, provided, however, that the seller may retain the benefits conferred and that portion of the total price representing the services used or completed, and further provided that the seller may receive the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller receive more than the full contract price from the buyer except for goods and services consumed by the buyer separate from the contract. If the buyer has executed any credit or loan agreement to pay for all or part of this agreement, then the credit or loan agreement executed by the buyer shall also be returned within thirty (30) days.
  • Any payments due prior to cancellation taking effect will still be due and payable. Member account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to Focus Fitness. For all other reasons, present a written notice for cancellation with payment equaling 50% of outstanding balance.

Additional Terms and Conditions

  • DEFAULT AND LATE PAYMENTS: Should member default on any payment obligation as called for in this agreement, Focus Fitness will have the right to declare the entire remaining balance due and payable and member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, member will be charged a late fee. And additional service fee may be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If member is paying monthly dues by Electronic Funds Transfer (EFT), Focus Fitness reserves the right to draft via EFT all amounts owed by member including any and all late and service fees. Subject to appropriate state and federal law.
  • SALES TAX: Notwithstanding any other provisions of this agreement, member understands and agrees that the amount of member’s monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Focus Fitness has the right to increase your monthly membership dues by the amount of such increase
  • RIGHT TO CHANGE DESIGNATED BILLING COMPANY: Focus Fitness hereby reserves the right to change the designated billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and member agrees to authorize the new designated billing company to continue drafting your account.
  • NOTICE: Any holder of this agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
  • MAINTENANCE OF FACILITIES: Focus Fitness may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. Focus Fitness reserves the right to add a periodic facility maintenance charge. If a Facility Maintenance Charge is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due date. Member authorizes the designated billing company to automatically draft this amount along with member regular membership dues.
  • MEMBER OBLIGATIONS: Member agrees to abide by all Focus Fitness policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy. Member agrees to pay monthly dues on time, including notifying Focus Fitness promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. Member agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. Member agrees to continue to fulfill the financial obligation of this agreement, except as allowed above.
  • FREEZE POLICY: If member has a term membership (i.e. 12 month, etc.) member may freeze time on membership. Freezes can be from 30 to 90 days at a time. Freezing time on your membership does not stop member’s membership payments permanently. Member is still liable for his/her original payment schedule. Time of any freeze will be credited to the end of member’s membership original term. Military member: If at any time during the term of member’s agreement, member is deployed or assigned to active duty, Focus Fitness will allow member to freeze membership for the time in which member is absent upon written request from member. Member may need to provide proof of deployment or assignment detailing member’s absence and the applicable time period.