Request for Payment Authorization and Terms of Payment Processing

The undersigned (“You” or “Applicant”) hereby requests and authorizes Ironverse Training Facility, LLC, its affiliates, agents, or assigns (hereinafter referred to as “The Company”) to
process payments on Your behalf, utilizing checks, electronic funds transfers (EFT), or credit cards, in accordance with the terms and conditions set forth herein and in the applicable
Membership Agreement (“Agreement”). The undersigned acknowledges and agrees to the following terms:

1. Payment Authorization:

Payments for amounts due under the Membership Agreement, including but not limited to monthly dues, annual fees, and enrollment fees, shall be processed by The Company on or around the dates specified in said Agreement. By signing below, You authorize The Company to debit the designated account or card provided, with such payments evidenced by Your bank or credit card statement.

2. One-Time Payments:

In the event that You provide a check for payment, You authorize The Company to process a one-time EFT transaction utilizing the information contained in the check, or alternatively, to process the payment as a traditional check. Should EFT be utilized, funds may be debited immediately or within a specified time frame.

3. Modification of Payment Amount:

In the event that any scheduled payments as specified in the Membership Agreement change, You will be notified of such changes at least 10 days prior to the due date. However, You agree that You shall only receive notice of such changes if the adjusted payment amount exceeds $50 from the most recent payment.

4. Compliance with the Electronic Funds Transfer Act:

By executing this authorization, You confirm Your understanding of Your rights and obligations under the Electronic Funds Transfer Act, including but not limited to the right to receive certain disclosures related to EFTs.

5. Revocation of EFT Privileges:

The Company reserves the right to terminate Your authorization to make payments via EFT if any payment presented for processing is dishonored or rejected by Your financial institution.

6. Non-Relief from Membership Obligations:

The cancellation of this preauthorization does not release You from any financial obligations or liabilities under the Membership Agreement, including any amounts that may have accrued prior to such cancellation.

7. Service and Late Fees:

In the event a payment is rejected by Your financial institution or credit card issuer, a service fee will be assessed. Additionally, should any monthly payment become overdue, You acknowledge that a late fee may be assessed as specified in the Membership Agreement.

8. Commencement of Membership Fees:

Upon payment of any applicable presale or enrollment fees, recurring membership fees (e.g., monthly dues) will begin on the first day of the month following the official opening date which will be determined at a later time. At such time, Your payment information will be transferred to the designated permanent payment processor. annual membership fee (e.g., annual fees) will be charged on grand opening day.

9. Authorization to Store Payment Information:

By executing this agreement, You authorize The Company and its designated agents, including third-party payment processors (“Company’s Agents”), to retain the account or card details You provide for purposes of processing payments related to this Agreement and Your Membership Agreement. This stored information may be utilized for payment of dues, fees, taxes, retail purchases, personal training services, group exercise classes, childcare, or any other charges incurred under Your membership, including for future agreements or automatic renewals of the Agreement. This consent to store payment information remains in effect unless revoked in writing, and You shall be notified of any material changes to this consent.

10. Applicant(s) Covered by Preauthorization:

This payment authorization is applicable to the following individual(s): [Insert names].

By signing this agreement, You affirm that You have read, understood, and consent to the terms set forth herein.

Terms and Conditions

1. Monthly Membership Fee:

The undersigned Member agrees to remit to Ironverse Training Facility, LLC (the “Facility”) the applicable Monthly Membership Fee (“Membership Fee”) at the prevailing rate, together with any applicable gross receipts taxes. Such payment is due on or before the first day of each calendar month. The Member acknowledges that the Facility reserves the right to modify the Membership Fee at any time without prior notice. In the event of any payment being returned, whether by check, draft, or credit card, due to insufficient funds or other causes, a service fee shall be assessed immediately. Additionally, should any monthly payment remain outstanding for more than ten (10) days past its due date, a late fee will be applied. For payments processed via electronic funds transfer (“EFT”), the Facility reserves the right to automatically debit any outstanding amounts, including but not limited to late fees and service charges, in accordance with applicable state and federal laws. Failure to remit payment for a period exceeding thirty (30) days may result in the automatic cancellation of membership.

2. Membership Term:

The Member has selected either a monthly or term-based membership. Monthly memberships shall automatically renew on a monthly basis following the payment of the Membership Fee. The initial month’s dues shall be applied to the first billing cycle subsequent to the Membership Dues Start Date. Term memberships shall automatically convert to a monthly membership upon expiration of the initial term. To prevent automatic renewal, the Member must submit a Cancellation Form in writing no later than the 25th day of the month preceding the next billing cycle. The Member remains liable for all dues and fees incurred up to the effective date of cancellation.

3. Buy-Out Fee:

In the event the Member elects to terminate their membership prior to the 25th day of the month, they shall not incur charges for the subsequent billing cycle. However, should a term membership be terminated prior to the completion of the agreed term, a Buy-Out Fee in the amount of $100.00 shall be due. All cancellation requests must be submitted in writing via the official Ironverse Training Facility, LLC cancellation form, whether in person, via email, or by postal mail. Verbal cancellations will not be honored. Non-use of the Facility does not absolve the Member of their payment obligations. In cases of military service, permanent disability substantiated by medical documentation, or the death of the Member, the Buy-Out Fee may be waived.

4. Annual Improvement Fee:

 The Facility reserves the right to assess an Annual Improvement Fee of $39.99, which shall be invoiced on the third billing cycle following the Membership Dues Start Date. This fee shall recur annually on the same calendar date each subsequent year.

5. Default and Late Payments:

Should the Member fail to make any payment in accordance with the terms of this Agreement, the Facility reserves the right to declare the entire outstanding balance immediately due and payable. The Member shall be responsible for any interest charges and all costs of collection, including but not limited to attorney’s fees, court costs, and fees incurred by collection agencies. A default shall be deemed to have occurred if a payment remains unpaid for a period exceeding ten (10) days past the due date. Returned payments will incur a service charge of $25.00, and any late payments shall be subject to a late fee of $9.50.

6. Minimum Age for Membership:

The Member acknowledges and agrees that the minimum age requirement for membership is thirteen (13) years. Members under the age of eighteen (18) must obtain written consent from a parent or legal guardian, who shall also be required to sign all relevant agreements and waivers.

7. Waiver of Liability and Release:

The Member acknowledges and understands that engaging in physical exercise and utilizing the facilities, equipment, and training services at Ironverse Training Facility, LLC carries inherent risks, including but not limited to the risk of injury. By signing this Agreement, the Member voluntarily assumes all such risks and waives any claims, demands, or causes of action against Ironverse Training Facility, LLC, its employees, agents, officers, affiliates, and related entities for any injuries or damages sustained arising from participation in the Facility’s activities, including claims of negligence. The Member agrees to indemnify, defend, and hold harmless Ironverse Training Facility, LLC and its related parties from any legal actions, debts, claims, liabilities, or expenses arising out of the Member’s use of the Facility or participation in any activities. This waiver shall not apply in cases of gross negligence or willful misconduct by Ironverse Training Facility, LLC. The Member affirms that they are physically capable of participating in the activities and that no medical or physical condition exists that would contraindicate such participation. The Member agrees to consult a physician prior to engaging in any physical activity and to regulate their participation to prevent overexertion.

General Terms and Conditions

1. Use of Photographs and Videos:

The Member acknowledges and consents to the taking of photographs and/or videos of themselves and the Ironverse Training Facility, LLC (the “Facility”) premises, including, but not limited to, for identification purposes during check-in. The Member grants to the Facility an irrevocable, royalty-free, worldwide license to use, publish, and distribute such images across various media platforms, including, without limitation, social media and the internet, for marketing and promotional purposes. The Member further acknowledges that all such images are the exclusive property of the Facility.

2. Medical Emergencies:

In the event of an injury or medical emergency necessitating urgent care, the Member hereby authorizes the Facility to obtain necessary medical or dental treatment on their behalf until the Member or their designated representative is able to make informed decisions regarding the care to be provided. This authorization includes, but is not limited to, first aid, ambulance services, and other emergency medical interventions. The Member acknowledges and agrees to be solely responsible for any and all medical expenses incurred as a result of such treatment and further agrees to indemnify and hold harmless the Facility from any costs, claims, or actions arising from the provision of emergency medical services, except where such actions result from the Facility’s gross negligence or willful misconduct.

3. Compliance with Rules and Regulations:

The Member agrees to fully comply with all rules, regulations, and policies established by the Facility, as may be amended or updated from time to time. The Facility reserves the right to modify or revise these rules at its sole discretion. Membership may be revoked at any time, without refund, should the Member fail to adhere to the Facility’s rules and regulations or for any other reason deemed appropriate by the Facility, regardless of the nature or severity of the violation.

4. Damage to Equipment:

The Member is responsible for any damage to the Facility’s equipment or property resulting from their misuse or failure to comply with operational instructions. In the event of damage, the Member agrees to reimburse the Facility for all costs incurred in the repair or replacement of the damaged equipment, as determined by the Facility.

5. Non-Transferability and Identification Requirements:

The Member understands and agrees that their membership is non-transferable, non-assignable, and cannot be resold or otherwise transferred to any third party. All Membership Dues and initial investments are non-refundable. The Member is required to maintain an up-to-date and valid photo identification on file with the Facility. Failure to comply with this requirement may result in restricted access to the Facility and may constitute grounds for termination of membership.

6. Legal Fees:

The Member agrees to indemnify and reimburse the Facility for any reasonable legal fees and costs incurred in enforcing the terms of this Agreement, including but not limited to collection costs, whether or not litigation is initiated.

7. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law principles. Any legal disputes or actions arising out of or in connection with this Agreement shall be exclusively adjudicated in the Second Judicial District Court, Bernalillo County, New Mexico. Should any provision of this Agreement be found invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

8. Entire Agreement:

This Agreement, along with any signed addendums or amendments, constitutes the complete and exclusive understanding between the Member and the Facility, superseding any prior or contemporaneous oral or written agreements or understandings. No modification of this Agreement shall be valid unless made in writing and signed by both parties.

9. Contact Information:

The Member affirms that all contact details, including their mailing address, telephone numbers, and email address, are accurate and current. The Facility is authorized to use these contact details to communicate with the Member, including communications from third-party vendors or collection agencies. The Member may opt out of receiving text alerts by replying “STOP.”

10. Arbitration Clause:

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its interpretation, enforcement, or breach, shall be resolved exclusively through binding arbitration, conducted by the American Arbitration Association, in accordance with its rules and procedures. The arbitration shall take place in the city of the Facility’s location, and the law of the state in which the Facility operates shall govern. Claims must be initiated within two (2) years of the Member’s knowledge of the underlying issue. The decision of the arbitrator shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction. This provision applies to all parties, including third-party contractors such as payment processors. Both the Member and the Facility waive any and all rights to a jury trial or to resolve disputes in any public court.

11. E-Signature Consent:

The Member consents to receive all communications, notices, and documents related to this Agreement electronically. This consent remains in effect unless the Member withdraws it in writing. Should the Member request paper copies of documents, additional charges may apply. The Member confirms that they possess the requisite technology, such as a computer or mobile device with internet access and PDF viewing software, to access and review electronic documents. If the Member’s technology changes in a manner that affects their ability to receive electronic communications, the Facility will notify the Member and make reasonable accommodations to ensure continued access.

MEMBER RULES AND REGULATIONS

By enrolling as a member of Ironverse Training Facility, LLC (hereinafter referred to as the “Facility”), the Member is granted the privilege of utilizing the Facility in strict accordance with the terms of their Membership Agreement, these Rules and Regulations, and any subsequent amendments or updates to such rules. The Member may be required to present a valid photo identification and/or proof of membership upon request to gain access to the Facility. In addition to the Rules and Regulations set forth herein, the Facility may, from time to time, display or communicate additional rules, guidelines, or instructions, and the Member agrees to fully comply with such rules. The failure to adhere to any rules, regulations, or instructions, whether posted or communicated, may result in the suspension, revocation, or termination of the Member’s membership at the sole discretion of the Facility.

1. Age Restrictions:

Children under the age of thirteen (13) years are prohibited from utilizing the Facility, except when actively participating in specific classes or programs authorized by the Facility.

2. Equipment Use:

Members are required to return all equipment to its designated storage location after use. Members are expressly prohibited from throwing, slamming, or dropping equipment under any circumstances. Any violation of this provision may result in the suspension or termination of membership. The Facility reserves the exclusive right to eject any member from the premises or to suspend or terminate their membership for any cause or behavior deemed inappropriate by the Facility.

3. Sign-In Requirements:

Members must sign in for participation in any class or program offered by the Facility. Sign-in sheets will be available either via the Facility’s official mobile application or at the member service desk prior to each class or program. The Facility reserves the right to charge additional fees for certain classes or programs, whether regularly scheduled or special events.

4. Attire:

Proper attire, including a shirt and appropriate athletic footwear, is required at all times while on the premises. Black-soled shoes are expressly prohibited in the group exercise areas.

5. Discounted Memberships:

To qualify for discounted membership rates, the Member must provide and maintain proof of affiliation with the relevant group or organization. The Facility reserves the right to request verification of such affiliation at any time, and failure to provide such proof will result in the Member being charged the full membership rate, excluding any previous discounts.

6. Approved Beverages:

Only water or drinks expressly approved by the Facility are permitted within the Facility. The consumption of any other beverages is prohibited.

7. Shared Equipment Use:

Members are expected to allow other individuals to “work in” during their workouts if the equipment they are using is occupied by another member. Cardio equipment usage is limited to thirty (30) minutes per individual during periods of high demand or when all machines are in use.

8. Personal Property:

The Facility assumes no responsibility for personal belongings left unattended within the premises, including, but not limited to, keys, wallets, mobile phones, or other valuables. Lockers are provided for Members’ use; however, Members are required to supply their own locks. Lockers that remain locked or full after the Facility’s operating hours, except for those designated as rented lockers, may have their locks removed and contents cleared. The Facility is not liable for any lost, stolen, or damaged property and does not provide compensation for such items. Lost items will be held in the lost and found for a period not to exceed seven (7) days.

9. Prohibited Substances:

The Facility maintains a strict no-tolerance policy for the presence or use of illegal drugs or alcohol on the premises. Any individual found under the influence of illegal substances or alcohol shall be immediately removed from the Facility. Members who voluntarily engage in exercise while in poor health or suffering from medical conditions do so at their own risk and assume full responsibility for any resulting injuries.

10. Harassment:

The Facility maintains a zero-tolerance policy for any form of harassment, including but not limited to harassment based on sex, race, religion, sexual orientation, or any other characteristic protected by law. Any member found engaging in such conduct may face immediate termination of their membership, at the sole discretion of the Facility.

11. Personal Training:

Personal training services are only permitted to be conducted by certified trainers employed by the Facility, and only after the execution of a written Personal Training Agreement. Payments for personal training services must be made directly to the Facility and not to individual trainers. Any payments made directly to trainers, in contravention of this rule, shall not be credited toward the Member’s account, and the Member’s membership may be subject to termination. Members who engage personal trainers unaffiliated with the Facility for services rendered on the premises shall be subject to termination of their membership, and the non-affiliated trainer may also be prohibited from conducting business on the Facility’s premises.

By checking the agreement box, the Member affirms that they have read, understood, and agree to fully comply with all conditions, provisions, and rules set forth in this document and any future amendments thereto.