Terms and Conditions

MEMBERSHIP AGREEMENT AND TERMS AND CONDITIONS

THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLY EXECUTED PLUS ONE FULL MONTH IN ADVANCE.

OPEN GYM AND UNLIMITED MEMBERSHIPS

The total amount of the membership selected above will be due at the time of the signing of this agreement. In the event this Agreement becomes effective after the first day of the calendar month, the total amount of the membership for the period from the effective date to the end of the calendar month shall be prorated on the basis of the number of available class sessions available during that month. Any subsequent and/or recurring payments will be will be charged to my method of payment the 1st of each month. I will provide EMPOWER, LLC with a method of payment to be connected to my account for automatic withdrawal.

The Open Gym Membership includes unlimited open-gym access during EMPOWER, LLC’s operating hours. The Open Gym Membership does not include access to classes.

The Unlimited Membership includes unlimited open-gym access during EMPOWER, LLC’s operating hours and unlimited classes.

A discount of 10% is available to fire, police or EMS and their spouses, active military and their spouses, veterans and their spouses, students, and individuals 60+ upon presentation of acceptable proof of such status to EMPOWER, LLC.

I understand that if I wish to change memberships that I must provide EMPOWER, LLC notice in writing at least 14 days prior to my next bill date for that change to take effect in the next billing period. I further understand that any change to the membership chosen above will be considered a fully integrated amendment to this agreement and will not require an additional agreement to be signed by me.

I acknowledge that the terms of my membership have been explained to me by EMPOWER, LLC prior to my signing this agreement and I fully understand the scope of my membership.

I have been provided with the Rules and Terms of Use of this facility. The Rules and Terms of Use of this facility are considered incorporated herein. I understand that the Rules and Terms of Use are also available on EMPOWER, LLC’s website, www.empowerva.com. I have reviewed, understand, and agree to comply with the Rules and Terms of Use of this facility.

INDIVIDUALIZED COACHING MEMBERSHIPS

The total amount of the services selected above will be due at the time of the signing of this agreement.

To the extent that the service(s) selected are charged on a monthly basis and in the event this Agreement becomes effective after the first day of the calendar month, the total amount of the membership for the period from the effective date to the end of the calendar month shall be prorated on the basis of the number of days that this Agreement is in effect during that calendar month relative to the number of days in that month. Subsequent payments will be will be charged to my method of payment the 1st of each month. I will provide EMPOWER, LLC with a method of payment to be connected to my account for automatic withdrawal.

The 90-Minute Consultation + Assessment will include movement screens, discussions involving PAR-Q (physical activity readiness/health history), relevant female health history, envision/embodiment, nutrition habits, beliefs and nutrition log review, and a recommended wellness protocol. The 90-Minute Consultation + Assessment is required to be purchased and completed before beginning any individualized coaching, including HTMA Consultation, Nutrition Coaching, and Menstruation Support.

ADD-ON SERVICES

The 90-Minute Consultation + Assessment is required to be purchased and completed before beginning any individualized coaching, including HTMA Consultation, Nutrition Coaching, and Menstruation Support.

The total amount of the services selected above will be due at the time of the signing of this agreement.

To the extent that the service(s) selected are charged on a monthly basis and in the event this Agreement becomes effective after the first day of the calendar month, the total amount of the membership for the period from the effective date to the end of the calendar month shall be prorated on the basis of the number of days that this Agreement is in effect during that calendar month relative to the number of days in that month. Subsequent payments will be will be charged to my method of payment the 1st of each month. I will provide EMPOWER, LLC with a method of payment to be connected to my account for automatic withdrawal.

The Individual Programming and Partner/Group Programming memberships include personalized exercise programming for the selected amount of days and weeks. Both memberships include unlimited classes and unlimited open-gym access during EMPOWER, LLC’s operating hours. Discounts are available for the Individual Programming and Partner/Group Programming memberships for individuals who make a 3-month commitment (5% discount) or a 6-month commitment (10% discount).
The 1:1 Training Sessions are available as add-on purchases for individuals who have an Individual Programming or Partner/Group Programming memberships. A maximum of one (1) member is allowed to participate in a 1:1 Training Session at any given time. Exceptions may be made at EMPOWER, LLC’s sole discretion.

Nutrition Coaching will include a weekly meeting with an EMPOWER, LLC coach to discuss current dietary practices, nutrition and lifestyle, future goals, and developing a plan centered on nutrition to achieve your future goals. Nutrition Coaching may include, but are not limited to, discussions and education related to food groups, the role of various nutrients, macro-nutrient calculations, nutrition tracking methods, and accountability strategies. Nutrition Coaching will be personalized and differ between individuals. Discounts are available for Nutrition Coaching for individuals who make a 3-month commitment (5% discount).

I understand that EMPOWER, LLC and its employees are not able to provide and are not providing treatment for medical conditions. I further understand that EMPOWER, LLC and its employees are NOT registered dieticians or nutritionists.

HTMA Consultation constitutes review, education, and discussion of your individual results from the “Vitamins & Minerals Imbalance Test” purchased from 5Strands at www.5Strands.com.

I understand that this service requires me to purchase a “Vitamins & Minerals Imbalance Test” kit from 5Strands at www.5strands.com separately. Upon completion of the “Vitamins & Minerals Imbalance Test” and receipt of the results, I will provide EMPOWER, LLC and its employees a copy of my results.

EMPOWER, LLC has no affiliation, business relationship, or other relationship with 5Strands or Affordable Allergy Testing LLC. EMPOWER, LLC receives no portion of sales of any product nor any monetary incentive from 5Stransds of Affordable Allergy Testing LLC to promote any of their products.

I understand that EMPOWER, LLC and its employees are not able to provide and are not providing treatment for medical conditions. I understand it is recommended that I consult with a medical professional for any and all questions or concerns related to treatment or diagnoses of any medical or health condition.

Menstruation Support services includes initial consult, FAM tracking education, 1x/week check-in, exercise programming synced to cycle, nutritional guidance synced to cycle, open gym and class access.

I understand that this service has a 3-month MINIMUM commitment. I understand that barring a medically documented injury or illness that prevents me from being able to complete this 3-month minimum, I will be charged monthly for the 3-month period. Other circumstances may be considered by EMPOWER, LLC on a case by case basis.

I understand that EMPOWER, LLC and its employees are not able to provide and are not providing treatment for medical conditions. I understand it is recommended that I consult with a medical professional for any and all questions or concerns related to treatment or diagnoses of any medical or health condition.

A discount of 10% is available to fire, police or EMS and their spouses, active military and their spouses, veterans and their spouses, students, and individuals 60+ upon presentation of acceptable proof of such status to EMPOWER, LLC.

I understand that if I wish to change memberships that I must provide EMPOWER, LLC notice in writing at least 14 days prior to my next bill date for that change to take effect in the next billing period. I further understand that any change to the membership chosen above will be considered a fully integrated amendment to this agreement and will not require an additional agreement to be signed by me.

I have been provided with the Rules and Terms of Use of this facility. The Rules and Terms of Use of this facility are considered incorporated herein. I understand that the Rules and Terms of Use are also available on EMPOWER, LLC’s website, www.empowerva.com. I have reviewed, understand, and agree to comply with the Rules and Terms of Use of this facility.

BUYER’S RIGHT TO CANCEL:

If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. 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 delivered or mailed to Empower LLC, 13615 Genito Road, Suite 1A, Midlothian, Virginia 23112.

If cancelled within three business days, you will be entitled to a refund of all moneys paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternative facilities within five (5) driving miles of the facility designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, a physician assistant’s, or an advanced practice registered nurse’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, a physician assistant, or an advanced practice registered nurse agreeable to you and the health club. If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.

WAIVER

In agreeing to participate in fitness activities at EMPOWER, LLC, I agree as follows:

I fully understand and acknowledge that recreational and fitness activities have (a) inherent risks, dangers, and hazards and such exists in my use of any equipment and my participation in these activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability; (c) these risks and dangers may be caused by the negligence of the representatives, employees, or volunteers of EMPOWER, LLC, the negligence of the participants, the negligence of others, accidents, breaches of contract, or other causes; (d) by my participation in these activities and for use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or the conduct of the representatives, employees, or volunteers of EMPOWER, LLC, or by any other person.

In agreeing to participate in fitness related activities at EMPOWER, LLC, I acknowledge that certain injuries are possible. These include but are not limited to: minor or major bone fracture, scrapes, abrasions, lacerations, head or body bumps, bruises, muscle, tendon, or ligament strains or sprains. These might be caused by: slips, falls, and other gravity-related mishaps, equipment failure, overstraining, or exceeding physical limitations, human error, disregard for guidelines, rules, and standard practice, ignorance or inattention.

I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify EMPOWER, LLC and its representatives, employees, and volunteers from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of any equipment or participation in these activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the representatives, employees, and volunteers of EMPOWER, LLC.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE EMPOWER, LLC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED IN ANY WAY BY NEGLIGENCE OR ANY OTHER CAUSE.

DISPUTES

The buyer of this membership should attempt to resolve with EMPOWER, LLC any complaint the buyer has with EMPOWER, LLC. The Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth pursuant to the provisions of the Virginia Health Club Act.

In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act, incorporated by reference. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the City of Chesterfield, Virginia, unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this Agreement. Any questions involving contract interpretation shall use the laws of Virginia. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

NOTICE

ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

I, the undersigned, hereby register as a member of EMPOWER, LLC, located at 13615 Genito Road, Suite 1A, Midlothian, VA 23112. I understand that the enrollment fee is non-refundable and non-transferrable. I understand that my membership is auto-renewing. I understand that I must notify EMPOWER, LLC at least 14 days before my next bill date that I wish to freeze or cancel my membership, otherwise the membership fees are posted to my account and are payable. I understand that the rules and regulations of EMPOWER, LLC are for the benefit of all members and that by signing this I agree to comply with all said rules and regulations.