MEMBERSHIP AGREEMENT:
Magnolia Athletic Club, LLC. (dba: Silverback Gym) shall be known as SBG within this Agreement.
Any person who signs this agreement shall be known as Member within this Agreement.
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. The terms below are a part of this Agreement. Member is entitled to a completely filled in copy of this Agreement. By signing or electronically signing this Agreement, Member acknowledges that (A) This Agreement will become legally binding upon its acceptance by SBG, and (B) SBG makes no representations or warranty to Member, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between the Member and SBG with respect to the subject matter hereof and supersedes any and all agreements, written or oral, with respect to the subject matter.
Section (1)
WAIVER OF LIABILITY
MEMBER ACKNOWLEDGES THAT THE USE OF SBG’S FACILITIES, EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING PERSONAL AND GROUP TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO MEMBER AND MEMBER’S GUEST AND INVITEES. MEMBER VOLUNTARILY AGREES TO ASSUME ALL THE RISK OF PERSONL INJURY TO MEMBER, MEMBER’S SPOUSE, CHILDREN UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUEST OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT A MEMBER MAY HAVE AGAINST SBG, ANY OF IT’S PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUB-CONTRACTORS OR ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER’S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUEST OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING , WITHOUT LIMITATION (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, PERSONAL TRAINING SERVICES OR GROUP TRAINING SERVICES. (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITES AND PROGRAMS ANY WHERE ON SBG PREMISES. (III) INJURIES ARISING FROM SBG NEGLIGENCE WHETER DIRECT OR INDIRECT. (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM USING THE SBG FACILITY, INCLUDING BUT NOT LIMITED TO HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS, TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN SBG FACILITIES, INCLUDING LOCKER ROOMS, SHOWERS, OFFICES, BREAKROOM, DRESSING ROOM, WEIGHT ROOM OR OUTDOOR AREAS AND COURTS. MEMBER ALSO WAIVES ALL CLAIMS AGAINST SBG, ANY OF IT’S SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS, AGENTS SUCCESSSORS AND ASSIGNS FOR ANY CLAIMS MAMBER MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND MEMBER’S MEMBERSHIP.
BY SIGNING BELOW THE MEMBER HEREBY AFFIRMS THAT THEY HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS.
Section (2)
Legal Guardian: Any member under the age of 18 is required to have a parent or legal guardian. Guardian shall be jointly and severally liable for any and all obligations of the Member and shall be bound by all the terms and conditions of this Agreement.
Granter: Any Member who signs this agreement guarantees the full payment of all amounts owed to SBG. SBG may at any time extend time allowed for payment, release other parties from this agreement with affecting the obligation of guarantor or modify this Agreement at any time.
Liability of Personal Property: SBG shall not be liable to Member or Member’s guest or invitees for any personal property that is damaged, lost or stolen while on SBG premises including anywhere inside the facility, parking lot or contents of lockers.
Section (3A)
Membership: All clients and visitors of SBG shall be considered members and the terms of each membership shall be as outlined below:
1) Month to month: Members electing the month-to-month membership includes the pre-sale and hero memberships (educators, first responders and active military). This membership requires a credit/debit card or bank account to be on file which will be charged on a reoccurring basis on the same day of each month on the same date as the enrollment of membership unless it falls on a date which does not exist on any particular month. Then the next day prior will be the date the card is charged. Example: enrolled on the January 31st. next month will charge on February 28th since there is not a 31st,30th nor 29th in the month of February. A maintenace fee will be charged during enrollment and on its annual anniversary. Membership will renew and continue in perpetuity until membership is cancelled by Member or terminated by SBG. Cancellation policy as outlined in the next section apply to this membership. The membership may be terminated by SBG staff per section 5 & section 9.
Membership election may only be made at the facility. Election may be written or verbally requested but only granted once this membership is agreed, signed and funds have been received by SBG.
Section (3B)
Member contact information:
1) It is the responsibility of the member or member’s guardian to ensure all contact information on file is accurate and up to date.
2) member information that must be up to date is as follows:
a) Full Name
b) mailing address
c) phone number
d) email
e) credit card information
Section (3C)
Membership Agreement changes:
1) On occasion the agreement may need to be modified and contract addendums will be issued.
2) All addendums will be emailed the email address in the account.
3) Each member who receives an addendum has 7 days to review and respond with any issues.
4) After 7 days the addendum will become part of the original agreement.
5) If a member responds with an exception or dispute an amicable resolution will be reached by way of revised addendum or termination of contract.
Section (3D)
Payment delinquency:
1) If a automatic payment fails which is part of a contract a re-processing fee of $5.00 will be assessed.
Section (4)
Cancellation:
Members may cancel at any time according to the provisions below:
1)IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(SILVERBACK GYM, 33104 MAGNOLIA CIRCLE, MAGNOLIA, TX 77354)
2)IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
(SILVERBACK GYM, 33104 MAGNOLIA CIRCLE, MAGNOLIA, TX 77354); AND
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
3)IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(SILVERBACK GYM, 33104 MAGNOLIA CIRCLE, MAGNOLIA, TX 77354)
In addition to provisions (I) and (II) below; all cancellations require either completing the cancellation form at the SBG facility and paying the cancellation fees or you can email intent to cancel and authorize the payment for the cancellation fees. Then we will email a cancellation form you can complete and return via email once payment is processed and funded. Until the above has been completed membership is not cancelled and charges will continue to accrue and be charged to the payment method on file.
(I)Month-to-month memberships include the monthly pricing options with no contract term, pre-sale members, any membership associated with our Hero Program (educators, active military and first responders)
These memberships require 15-day written notice and submission of the access credential (key card). If a scheduled payment is due within the 15-day notice period you will be charged the scheduled payment immediately. If the access credential is lost or not submitted the replacement cost will be charged to their payment method on file. Cost of access credential is $15.00 plus sales tax.
(II) 6/12/24 month memberships includes monthly pricing options that are attached to 6, 12 and 24 month contracts. These contract options are paid in full and are final. No partially, prorated or full refunds will be issued. At the conclusion of the membership the access credential is to be returned. If the access credential is lost or not submitted the replacement cost will be charged to their payment method on file. Cost of access credential is $15.00 plus sales tax.
Section (5)
PURCHASE POLICY: Membership to Silverback Gym includes access and the use of:
All free weights, machines and fitness equipment, unless otherwise marked or being used by a staff member or class.
Lockers, showers and changing area (members are responsible for their own lock and the security of their material) are provided to be used by members only. Do not leave personal items in shower or changing areas.
24-hour access to the facility is provided to all members in good financial standing with SBG.
Members are required to agree to the normal terms and conditions of payment. Membership fees will be debited regardless of attendance to the facility. These monthly and recurring payments apply to Month-to-Month Memberships as well as both the 6- and 12-month contract options.
This is a recurring monthly charge. Membership Fees will be debited from the members account, using their given bank debit/credit card, on or around their join date each month, for the minimum 1-month term from the term start date.
Members are required to keep their account in funds to meet these payments. In the event of the failure to pay the monthly membership fee, missed payments will be re-submitted for payment by Silverback Gym. Silverback Gym reserves the right to cancel membership if payment is not received. Access to the facility will be denied until said payment is received and if payment is not received, and cancellation occurs, the registration fee becomes applicable again on re-joining.
These arrears of fees must be paid by Credit or Debit card online using the website or in person at the facility.
Failure to meet direct debit fee – In the event of the failure to pay the monthly direct debit fee you will firstly be notified that your membership has been temporarily stopped until the balance is paid.
Replacement key tabs will need to be purchased at $15 each.
No refunds nor reimbursements will be issued by SBG for any products, services or membership cost.
Section (6a)
GENERAL TERMS AND CONDITIONS: All members must be at least 18 years of age unless a parent or legal guardian has executed the Minor Member Participation, Parental Consent, Release and Guarantee section of this Agreement and the minor has been approved for membership by SBG SBG is a private members club and the management reserve the right to refuse or terminate membership to any individual without cause and no prorated or partial refunds will be issued for any previous purchases. By joining the club, members automatically accept and agree to be bound by these conditions of membership. Non-Compliance will result in membership termination and the refusal of entry again.
The club may withdraw use of all or part of the club for the purpose of undertaking maintenance work or any other work considered necessary for a maximum period of 15 working days.
All members must scan their membership pass (or present valid identification) for access to the building on each visit to the club.
Entry will only be permitted to those with a valid membership, in date and in credit. If you have an amount due to be paid on your account you won’t be able to enter the building.
As a member you agree to comply with the rules of the club with regards to use of the facilities, opening hours and your conduct. The club may make reasonable changes to these rules, from time to time, provided the club gives advance notice of these changes.
You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain arising from use of the club. You exercise at your own discretion and accept any injury or illness brought on by exercise is your own responsibility.
Members wishing to report on accidents, incidents, or problems with services at the club should contact the General Manager in person, or can email josh@silverbackmag.fit in confidence.
In the event of a breach of membership rules and regulations the Club reserves the right of admission and may reserve the right to require any member or guest to leave the premises. Any member found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave the club and be barred from ever entering the club again.
Silverback Gym nor it's attendants or agents are responsible for individual’s material and personal belongings. All members must take precaution in safely storing their own belongings. The gym offers storage space in the form of lockers, but individual members are responsible for their own lock.
All terms & conditions are subject to change without notice.
No refunds nor reimbursements will be issued by SBG for any products, services or membership cost.
Section (6b)
Criminal Conduct; Right to Deny or Terminate Membership
The Company reserves the right, in its sole discretion, to deny, suspend, or terminate any membership, without refund, if it determines that a Member’s past or present conduct may pose a safety risk, disrupt operations, or be detrimental to the reputation, business interests, or community of the facility. This includes, but is not limited to, known criminal history, pending criminal charges, or the commission of any illegal or unlawful act on or off the premises.
Members agree to abide by all applicable laws and to conduct themselves in a respectful and lawful manner at all times while associated with the facility. Any conduct that the Company reasonably deems unsafe, threatening, harassing, illegal, or otherwise inconsistent with the facility’s standards may result in immediate termination of membership.
The Company’s determination under this provision shall be final and binding, and the Company shall not be liable for any damages, claims, or losses arising from such denial, suspension, or termination of membership.
Section (7)
COLLECTION OF PERSONAL INFORMATION
Silverback Gym will collect personal information that you provide to us or that is otherwise provided to us on your behalf. You may choose to provide certain personal information in order to access or use certain features or services of the Site or the Services, such as making a purchase, joining our facility, paying your membership fees, requesting information, filling out an employment application, completing a short-term enrollment/challenge or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card or banking information, membership and account information, workout information, machine usage and input information, or other information. You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the site or the services.
By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or in order to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes.
We may periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new Silverback Gym merchandise and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law. You may stop receiving marketing communications from us at any time by following the instructions included in the message you received. We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.
Silverback Gym also collects information that is sent to us automatically by your web browser. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.
So-called “cookies” and other similar technologies may be used on the site and by third parties to collect information over time and across third party websites, to support the site’s functionality and to improve user experience. You have the ability to set your browser to reject cookies. However, if you set your browser to reject cookies, it may affect or limit the use of certain features and functionality of this site.
The facility is equipment with a video surveillance system. The live stream may be viewed at any time by staff. Recordings may be viewed by staff or by anyone else SBG staff determines has a reasonable request to view footage. The determination is solely SBG’s staff. Live stream and recordings inside the posing room may only be viewed by SBG staff. Others may view only if the person(s) recorded in the posing room authorize others to view.
Recordings (excluding posing room) may be used in social media for entertainment purposes but will not use any members private information unless authorized by the recorded person(s).
Section (8)
DISCLOSURE OF PRIVATE INFORMATION:
Silverback Gym will not disclose, trade, rent, sell or otherwise transfer personally identifiable information for purposes other than as those set out herein, except with your consent or as required or permitted by law. However, Silverback Gym may freely disclose, sell, or transfer collected information that does not contain any personally identifiable information, such as aggregated workout data or club visitation trend data or analysis derived therefrom, for any legitimate business or marketing purpose.
Silverback Gym may disclose your personal information to third party service providers or agents who provide services to or on behalf of Silverback Gym or its members such as, but not limited to, hosting, data management and storage services.
We do not generally disclose your personal information to third parties without your consent unless required by applicable law. However, there are some situations in which we may disclose your personal information without your consent including, but not limited to:
when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court); or
if the information is already on the public record and the disclosure is directly related to the purposes for which it was recorded on the public record.
Section (9)
TAILGATING/GYM ENTRY:
Tailgating is following another person or allowing another person to enter the facility. This could be something as harmless as holding the door open to be polite, coming through the door with a spouse or friend without checking in or as serious as propping the door open to prevent it from locking.
It is each individual member’s responsibility to check in. If during staff hours, the staff can check you in if they recognize you or by your I.D. If outside of staff hours, you must use your access card issued during enrollment.
If any member allows tailgating to occur, after SBG investigation, the member responsible for the tailgating occurrence maybe charged a $50.00 penalty to their form of payment stored on file and their respective membership may be terminated. If terminated the terms of the section 4 (cancellation) will apply and balance due will be charged to their payment information stored on file. This decision is at the sole discretion of SBG staff.
If the identity of the person(s) tailgating can be established, they will be entered into the client system and marked as banned from the facility. Ban may be lifted by SBG at our discretion.
Section (10)
Property Damage:
1) If leased or owned equipment or property is damaged by a member the cost of damages incurred will be billed to the member.
2) SBG reserves the right to waive all or partial expenses incurred by the member.
3) Damages will be charged to the payment method on file unless funding is not available, then an invoice will be delivered in person or mailed to the member.
Section (11)
Collections:
1) In the event a member fails to make payment for any use, service, damages or product of SBG the amount of delinquent funding will go into collections.
2) Member is responsible for all expense of collections including but not limited to courier service, court filings, attorney fees, collection agencies and postage.
3) Delinquent funding may be collected on at any time.
4) SBG reserves the right to waive all or part of any delinquent funding.
5) In the event a member becomes unresponsive to collection attempts and/or refuses to comply with this contract the entire balance of the contract is due and provisions of section 4 are no longer applicable.
Section (12)
Returns and Refunds:
1) SBG reserves the right to refuse any return of product, service, registration, membership payment or any other item to sold at SBG.
2) If a refund is issued a $5.00 restocking fee will be debited from the refund amount.
Section (13)
Gym Closure by Government Mandate
In the event of government gym closure SBG all memberships shall continue and membership dues and annual registration fees will continue to be drawn from the payment method provided.
If this is not desired, it is the member’s responsibility to contact SBG and choose one of the following options:
1) continue to pay to support the gym at a reduced rate.
2) continue to pay and credit the amount to members account once reopened. Credit will be applied over the course of 2.5 times the length of the closure.
3) continue to pay and extend contract by equal length of closure.
4) suspend account until gym reopens
Please choose a membership and options, if any.
Month to Month Membership $55.00/month
Annual Maintenance $55.00/year
Add Ons:
Peak Hours Court Access: $20.00/month ***
Conroe Location Access: $20.00/month ***
***recur until canceled. cancel anytime before scheduled payment.
Plus applicable sales tax. Veteran Discounts applied at check out.
By signing below the member confirms they have read the entire Membership Agreement and agree to the terms within. Member also agrees to the pricing and frequency of payments below: