1. PARTIES: Powerhouse Gym and Fitness Center, (hereinafter called “PGFC”) , and you agree that by submitting your billing information you purchased a membership and agree to all the terms in the Agreement. You also agree to follow PGFC’s’ membership policies. The terms “You” and “PGFC’s” include heirs, estates, agents, representatives, owners, officers, directors, shareholders, successors, affiliates, subsidiaries, and employees. As such, both parties make thisAgreement on behalf of and it binds all aforementioned persons and entities.

2. MEMBERSHIP: 2 (a) Nature of Membership: Your membership permits you to use PGFC’s premises, facilities, equipment, and services (collectively called “Facilities”) at the above stated address. Your membership is non-transferable and it does not give you participation in PGFC, management, property, or operation. PGFC reserves the right to sometimes sell memberships at different rates and terms, to most effectively build Club membership, enabling PGFC to increase Club services.

3. FINANCIAL POLICY: 3 (a) Dues & Fees: You agree to pay the dues and fees (”Dues”) on the Membership page. If you are under 18, PGFC requires an adult to guarantee payment. Fees and any prepaid monthly Dues or enrollment fees are non-refundable except as stated in the “Cancellation” section. 3 (b) Right to Modify Dues: (1) Members paying monthly Dues by EFT are subject to a late charge if EFT payments are stopped or returned, and (2) Members who are on a month-to-month term are subject to an annual “Cost of Living: Dues increase.” 3 (c) Charges & Use Tax: If you or your guests incur any PGFC’s charges for goods or services that include, without limitation, tanning, babysitting,
personal training, or similar services, you agree to pay for them according to PGFC’s rates and practices then in effect.

4. AVAILABILITYOF FACILITIES: 4 (a) In order to improve service to our members, PGFC may delete, change, discontinue, repair, or replace any part of all the Facilities without any effect on thisAgreement. If a majority of the Facilities are unavailable for more than two days for any reason except acts of nature,PGFCwill extend your membership, without Dues, for the same period the Facilities were unavailable.

5. LIABILITY WAIVER, RELEASE, REPRESENTATION, MODIFICATIONS, AND LATER AGREEMENTS: 5 (a) In consideration of gaining
membership and/or being allowed to participate in the activities and PGFC’s programs, and to use its facilities, equipment, machinery, and services, in addition to paying any fee or charge, Member does hereby waive, release, and forever discharge PGFC and its owner(s), officers, agents, employees, representatives, executors, and all others associated with PGFC in a contractual or verbally agreed upon relationship from any and all responsibilities and liability for any discomfort , injuries or damages to Member resulting while Member is inside the PGFC building or within a 1,000 foot radius of the PGFC facilities, or resulting from Member’s use of or contact with or nearness to any physical object or objects without or within the PGFC building. Examples of “physical objects” include fixed objects or temporary objects such as parking bollards, motor vehicles, gym equipment, machinery, chairs, carpets, mats, lights, bathroom facilities, wet or slippery surfaces (including floors), glass windows, uneven floors or flooring, tile, cement or cement blocks, bottles, and all other physical substances or objects of any kind whatsoever located inside or within 1,000 feet of the entrance of the PGFC structure. Member does also hereby release, by signature on the front of this document, all of those mentioned above [owner(s), officers, agents, employees, representatives, executors, and all others operating on their behalf or associated with PGFC in a contractual or verbally agreed upon relationship] from any responsibility or liability for any discomfort, injury, or damage of any kind to Member, including those caused by negligent or omission of any of those mentioned or those acting on their behalf or in any way arising out of or connected with PGFC’s participation in any activities of any kind, including the use of any equipment or machinery at PGFC’s facility. Member understands and is aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities. Member also understands that fitness activities involve a risk of injury and that Member voluntarily participates in these activities and uses equipment and machinery with knowledge of the dangers involved. Member hereby expressly assumes and accepts any and all risks of injury. Member does hereby further declare Member to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent Member’s participation in any of the activities and programs of PGFC’s or the use of equipment or machinery except as hereinafter stated. Member acknowledges that Member has been examined and has been given a physician’s permission to participate, or that Member has decided to participate in activity and/or use of PGFC’s equipment and machinery without the approval of Member’s physician and does hereby assume all responsibility for Member’s participation and activities and use of equipment and machinery in this PGFC facility.
5 (b) Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason, impairment, or disability that might prevent you from using all PGFC’s Facilities. As such, you acknowledge that PGFC did not give you medical advice before you joined and cannot give you any after you join, relating to your physical condition and ability to use the Facilities. It is recommended that you consult a physician concerning your physical condition and ability to use the Facilities prior to the use thereof.
5 (c) Limited Use: If you know, or should know, you have any problem that might prevent you from using all of PGFC’s Facilities and you sign this Agreement, you agree that your membership is limited accordingly. However, because it is your choice, you still must pay your Dues as if you could use all the Facilities.
5 (d) Liability for Property: PGFC is not liable to you or your guest for articles, including any automobile or its contents, that are damaged, lost, or stolen while on or around PGFC’s premises. If you or your guest cause any damage to PGFC’s Facilities, you are liable to PGFC for its cost of repair or replacement.
5 (e) Entire Agreement & Enforcement: You acknowledge that neither PGFC nor anyone else made any representations or promises upon which you relied that are not stated in thisAgreement. This document contains the entireAgreement between you and PGFC and replaces any oral or other written agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If PGFC does not enforce any right in thisAgreement for any reason,PGFCdoes not waive its right to enforce it later.
5 (f) Any agreements which change, modify, or add any terms to this Agreement, as well as representations made by any representative of PGFC, whether made before, now, or in the future, shall be void and invalid unless made in writing, dated and signed by Member and a duly authorized representative of PGFC.

6. ACCIDENTS/INJURY: Member agrees that all exercises and use of the PGFC Facilities are undertaken by Member at the sole risk of
Member, and that PGFC shall not be liable for any claims for injuries or damages whatsoever to person or property of Member or of a guest of a Member arising out of or connected with the use of the fitness center. Member agrees to indemnify and to hold PGFC and its employees harmless from all claims of liability to Member or Member’s guests, except for those claims arising out of the center’s knowingly failing to correct a dangerous situation brought to its attention.

7. CANCELLATION/REFUND POLICY: CONSUMER'S RIGHT TO CANCELLATION: You, the Buyer, may cancel this agreement at any time prior to midnight of the fifth (5) business day of POWERHOUSE GYM after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, you must mail or deliver a signed and dated cancellation notice 30 days prior to your next billing date. Such notice shall be sent to Powerhouse Gym at 10950 Sherman Way #160, Burbank, CA 91505. Verbal cancellations and cancellations delivered to a location other than the address given in this paragraph will not be honored.

CANCELLATION/TERMINATION/REFUND: If, by reason of death or disability, Member is unable to receive all services for which Member has contracted, Member or Members estate shall be relieved from the obligation of making payments for services other than those received prior to death or the onset of disability. If Member has prepaid any sum for services, so much of such sum as is allocated to services Member has not taken will be refunded to Member or Member's representatives.

In every case in which a person has prepaid a sum for services under a contract for health studio services, and by reason of death or disability, is unable to receive all such services, the party agreeing to furnish such services shall, on request, immediately refund to such person or their personal representative such amount of the sum prepaid as is proportionate to the amount of services not received.