Terms and Conditions

This Membership Agreement (the “Agreement”) is made between The Base Fitness, LLC (the “Base Fitness”), a Washington limited liability company, and the undersigned member (the “Member”) regarding the Member’s use of the Base Fitness facility, which facility is located at 755 South 38th Street, Tacoma, Washington 98418 (the “Facility” or “Facilities”). As consideration for being permitted to use the Facility and participate in any services offered by Base Fitness, you agree to the following terms and conditions:

REFUND POLICY. All gym membership sales are finally.

RATES & TERM. You agree to pay the membership fees according to the Base Fitness plan selected and the posted membership fee schedule. Payment of the Base Fitness membership fee allows Members the privilege of accessing the Facilities and using Facilities equipment. This Agreement does not include personal training services. Membership fees are paid in advance on the first day of each month. A late fee of $15.00 will be charged for payments five (5) of more days past due. Memberships thirty (30) days past due will be cancelled. Reinstatement requires payment of dues owed, payment of a reinstatement fee of $25.00 and payment of first month of new membership.

RIGHT OF CANCELLATION. You may cancel this Agreement at any time by submitting a written cancellation notice at least ten (10) days prior to the renewal date. You may also cancel this Agreement if you become physically unable to use the Facilities for thirty (30) or more consecutive days, and your estate may cancel in the event of your death.

CONSUMER NOTICE OF THREE-DAY RIGHT OF RESCISSION. If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a written notice to Base Fitness. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to Base Fitness at 755 South 38th Street, Tacoma, Washington 98418. If you cancel within the three days, Base Fitness will return to you within thirty days all amounts you have paid

SAFE USE OF FACILITY AND EQUIPMENT. You agree to abide by all policies, guidelines, rules, and regulations (together, the “Base Fitness Rules”) for safe use of the Facility and equipment, including following any verbal or written instructions provided by the Facility’s trainers, and not endangering any other member. Base Fitness Rules are subject to change.

ASSUMPTION OF RISK. You acknowledge and agree that (i) there are risks associated with any athletic or physical activity, the use of exercise equipment, and participation in an exercise program; (ii) your use of the Facility and exercise equipment is undertaken by you voluntarily; and (iii) such use may include the risk of serious bodily injury or death.

PHYSICAL CONDITION. You agree that, prior to undertaking any physical activity at the Facility, including but not limited to personal training sessions, you will advise your physician of the details of the activities in which you plan to participate and will obtain your physician’s consent to or approval of those plans. You represent to Base Fitness that you are in good health and have no disability, impairment, injury, disease, or ailment that prevents you from engaging in active or passive exercise or which would cause an increased risk of injury or adverse health consequences as a result of such exercise.

BASE FITNESS WILL NOT PROVIDE MEDICAL TREATMENT. You understand and acknowledge that neither Base Fitness nor the personal trainers nor other Base Fitness personnel have expertise in diagnosing, examining, or treating any medical condition. In the event you experience any illness, injury, discomfort, impairment, or other health problem (together referred to as a “Health Problem”) prior to or during your use of the Facility, you agree to (i) immediately inform your personal trainer or Base Fitness personnel of such Health Problem, and (ii) consult your physician and reconfirm your physician’s consent to or approval of your continued participation in activities at or with Base Fitness.

CONSENT TO USE YOUR IMAGE. You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. By signing this Agreement, you agree to allow your image, recording or likeness to be used for promotional purposes and further waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of any image or recording.

YOUR RESPONSIBILITY FOR DAMAGE You agree to pay for any loss or damage to Base Fitness or the Facility caused by your willful or negligent act, or as a result of your breach of this Agreement.

RELEASE OF LIABILITY. To the maximum extent under Washington Law, you, and your family, heirs, executors, and representatives, hereby unconditionally, fully and finally releases Base Fitness, its trainers and personnel (“Releasees”) from and against any and all losses, liabilities, damages (compensatory, consequential, special and punitive damages), demands, actions, claims you may now have or may have in the future, for injury, death or property damage, whether foreseen or unforeseen, arising from or related in any way to (i) your use of the Facility and participation any services offered by Base Fitness including services offered by Base Fitness’ trainers; (ii) the negligence or other acts of any Releasee, however cause; or (iii) the condition of the Facility.

COVID DISCLOSURE AND RELEASE. You are aware of the COVID-19 Pandemic and related governmental orders, directives and guidelines (collectively “Directives”). COVID-19 is reported to be highly contagious and spread easily from person to person. COVID-19 may result in serious illness, debilitating injury, or death. You voluntarily assume such risks, including the risk of serious illness, debilitating injury, or death. You further acknowledge and understand that the risk of exposure to, contracting, or spreading COVID-19 may result from the acts, omissions, or negligence of yourself and others, including but not limited to Base Fitness trainers and personnel, and other members using the Facility. You hereby release, discharge, and hold harmless Base Fitness, its trainers and personnel from all liability, claims, causes of action, or demands, including attorney fees, fines, fees, or other costs (e.g. medical costs) arising out of any exposure to or illness from COVID -19. You further acknowledge that you may not use the Facilities if (i) you or anyone in your household is experiencing symptoms of illness (“Symptoms”), including but not limited to fever, sore throat, cough, shortness of breath, difficulty breathing, chills, muscle pain, the recent loss of taste or smell, or gastrointestinal issues including nausea, vomiting or diarrhea, or (ii) you have come in close contact (within 6 feet) with anyone with Symptoms in the past fourteen (14) days or anyone who has been diagnosed with COVID-19 in the past 14-days.

SEVERABILITY/GOVERNING LAW. In the event that a provision of this Agreement is determined to be unenforceable as written, such provision shall be construed so as to give it the maximum effect permitted under applicable law. In addition, if any of the provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions will nevertheless continue to be valid and enforceable. This Agreement shall be governed by and construed by the laws of the State of Washington.

SUCCESSORS. This Agreement shall be binding upon the parties, and their heirs, representatives, executors, administrators, successors, and assigns.

YOU ACKNOWLEDGE THAT, BEFORE SIGNING THIS AGREEMENT, YOU WERE GIVEN A FAIR OPPORTUNITY TO READ IT, EVALUATE AND UNDERSTAND IT, INCLUDING THE PROVISIONS ESTABLISHING YOUR ASSUMPTION OF THE RISK AND YOUR COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY WASHINGTON LAW.