Unless you cancel this agreement, you will be charged the total initial charge on the effective date. Each month thereafter you will be subsequently charged the total recurring monthly charge on the same date of the month as the date of the effective date and every subsequent month until the cancellation of this agreement. Unless you cancel this agreement, you will be charged the rate guarantee fee on the date 60 days after your membership begins and annually thereafter on the same date. This agreement will automatically renew for successive one month periods after the initial one month term and you will be charged the total recurring monthly charge each month until the agreement is canceled. You will also be charged an annual rate guarantee fee. To cancel this agreement, you may do so online at https://support.vasafitness.com, via your VASA mobile app or by mailing a cancellation notice via certified mail to: Member Services, VASA Fitness, 1259 South 800 East, Orem, UT 84097. No other cancellation method shall be effective. The cancelation notice must be received by VASA 30 days prior to the next renewal date for your agreement. If the cancelation notice is not received 30 days in advance of your next renewal date, this agreement shall renew one final time and you will be charged a final recurring monthly charge and then this agreement shall be canceled at the end of the final renewal term. If the effective date of the cancellation occurs less than six months from the date of the initial monthly term you will be charged a cancellation fee of $25.00.

Member authorizes VASA and/or its authorized billing and collections agents or contractors to make payment via electronic funds transfer from one of any of Member’s accounts listed above, for: (1) on the Effective Date of this Agreement the Total Initial Charge; (2) on the date 60 days after the Effective Date of this Agreement and thereafter on an annual basis on the same date, the Rate Guarantee Fee; (3) each month after the Effective Date of this Agreement the Recurring Charge; (4) if applicable, on the date of cancellation of this Agreement, the Cancellation Fee; (5) if Member initiates a membership downgrade, on the date of initiation of such a downgrade the Downgrade Fee; (6) in the event VASA is unable to withdraw or debit the monthly payments from your designated account(s) or your monthly payments are declined on the regular monthly bill date for any reason, the Returned Payment Fee; (7) if a Member transfers their home gym, on the date of such transfer, the Basic Transfer fee; and (7) if the Member puts their membership on hold for up to 90 days, on the date of the initiation of the membership freeze, the amount of the Membership Freeze Fee.

HOURS OF OPERATION. Hours of operation may vary by club and are subject to change. Please refer to specific club location hours on our website at https://vasafitness.com/locations. Clubs may be temporarily or partially closed for maintenance purposes, holidays or for other temporary reasons at our sole discretion.

AMENITIES. Amenities, equipment, services and classes may vary between club locations and membership plans.

MEMBERSHIP SIGN-IN. Upon entering a club facility, all members are required to provide a VASA issued barcode via the VASA Mobile App or keycard and have a picture on file. Unauthorized use of a member’s barcode to access the club or facilities will subject the user and member to possible legal action and/or non-refundable termination of the Member’s membership.

LOCKERS AND CUBBIES. Lockers and cubbies are provided as a courtesy for day use only, and their availability is not guaranteed. Members must provide their own locks for lockers. Cubbies are recommended for temporary storage of non-valuable belongings only. VASA STRONGLY ENCOURAGES ALL MEMBERS TO PLACE THEIR PERSONAL BELONGINGS IN LOCKED LOCKERS AND DISCOURAGES MEMBERS FROM BRINGING VALUABLES INTO THE CLUB FACILITIES. YOU ACKNOWLEDGE AND AGREE THAT VASA IS NOT RESPONSIBLE FOR THE LOSS OR THEFT OF, OR DAMAGE TO, YOUR PERSONAL PROPERTY ANYWHERE IN OR AROUND THE CLUB FACILITY.

CONDUCT. VASA is committed to the health, safety, and welfare of each of its members and will not tolerate foul or abusive language, fights, threats, unreasonable, threatening, obscene, harassing, indecent or illegal conduct, as judged by VASA management. If any member, or any guest or minor child of any member abuses or damages club equipment, facilities or property, such member will be responsible for the cost of repairing or replacing such property. Not all rules and regulations are listed in this Agreement. VASA has established certain Club Rules to promote the health, safety and welfare of each of its members. These Club Rules can be found at https://vasafitness.com/rules-regulations. VASA reserves the right to add, modify, or remove Club Rules from time to time and all members are subject to strict compliance therewith.

COURTESY. To promote safety and more time efficient exercise programs, you agree to return all plates, dumbbells and barbells to designated racks. Dropping weights, not re-racking weights, failure to clean equipment after use, and generally displaying poor care for the facilities are prohibited. During high traffic workout hours, be sure to encourage members to “work in” with you between sets during your rest period.

PROPER ATTIRE. You must always wear proper attire, including shirts and closed-toe shoes, unless noted in a specific area or as appropriate for a specific activity or class.

PHOTOGRAPHY. For safety reasons, camera tripods are not permitted anywhere in a club facility. No photography of any kind is allowed in the locker rooms, this includes the use of cell phones to take photographs, videos or to make video calls, and no photography/videos taken within a club facility or remarks posted to social medial may identify another member without their express consent.

SOLICITATION. No unauthorized business may be conducted or solicited on club premises. No outside personal trainers or therapists, or members, are allowed to train clients or members in the club facility.

KIDCARE. Hourly KidCare is provided only while the member is within the club premises. Reservations are required. VASA’s policies and applicable state regulations dictate KidCare hours and rules. Rates, hours and policies may be changed at any time, and without notice, at VASA’s sole discretion. Fees may apply depending on your membership plan.

GUESTS AND NON-MEMBERS. All guests and other non-members (including Trial Pass holders) must (i) check in at the front desk, (ii) present a guest pass or Trial Pass and state issued photo identification, and (iii) sign the standard VASA Waiver of Liability and Assumption of Risk form to access the club facilities. All guests must be at least 18 years of age, or if under 18, accompanied by a parent or legal guardian.

DRUGS AND ALCOHOL. You agree that while you are using the club facilities or participating in any club activity, you shall not be under the influence of medication, drugs or alcohol that may impair your physical or mental capabilities. You acknowledge and agree that such use or influence may increase the risk of serious bodily injury or death to yourself or others. Club Management has the right to require you to leave the Club if you are impaired.

MEDICAL TREATMENT. You understand and agree that neither VASA nor any of its employees, staff, personal trainers, or coaches have expertise in diagnosing, examining or treating any medical condition. If you experience any illness, injury, discomfort, impairment or other health problems prior to or during your use of the club facilities, you agree to immediately inform club personnel of such health problems and consult your physician and reconfirm your physician’s approval of your continued use and participation in activities within the club.

SERVICE ANIMALS. VASA only allows registered service animals in the performance of its duties, or on-duty law enforcement animals in our clubs. We do ask that the behavior of the animal is respectful toward other members in the club. No barking, climbing on machines or interfering with other members’ workouts will be permitted. Each service animal must have some form of identification on their collar or vest signifying that they are a registered service animal.

VIOLATION; TERMINATION OF MEMBERSHIP AGREEMENT. VASA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUSPEND MEMBERSHIP PRIVILEGES OR TERMINATE THIS MEMBERSHIP AGREEMENT WITHOUT NOTICE AND WITHOUT ANY LIABILITY FOR REFUND FOR REFUSAL TO COMPLY WITH THE CLUB RULES OR ANY OTHER VIOLATION OF THE TERMS OF THIS AGREEMENT. UPON TERMINATION OF THIS MEMBERSHIP AGREEMENT, YOU AGREE TO PAY ALL UNPAID MONTHLY MEMBERSHIP FEES, INCIDENTAL CHARGES (E.G. REVIVE, KIDCARE, ETC.), ALL OTHER FEES AND CHARGES INCURRED THROUGH THE DATE OF TERMINATION INCLUDING WITHOUT LIMITATION ANY CANCELLATION FEES, AND COLLECTION COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES INCURRED BY VASA.

ASSUMPTION OF RISK. You agree, for yourself or as parent agreeing on behalf of a minor child, to expressly accept and assume all risk of injury, illness, damages or death, known and unknown, inherent or not, for your use of and participation in any and all services, amenities, facilities, machinery, equipment, locker rooms, parking lot, lobby, and any other area located in and around the club facility, regardless of whether such injury or damage arises out of or during physical activity, including, without limitation, any loss or theft of any personal property. You agree that you are fully aware that operation of gym facilities and participation in physical activity may be dangerous and involves risk of injury to your person. You agree that you have a duty to examine each piece of equipment or facility prior to use, and refrain from use and report the same to cub management if there is any indication that such equipment or facility has been subjected to abuse, is damaged, or is in an unsafe or potentially dangerous condition. If you are the parent of a minor child, you have discussed the activities, responsibilities and risks with the minor child who understands and accepts them, and to the fullest extent permitted by law, you accept them on behalf of such minor child. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another but range from (i) minor injuries such as scratches, bruises, and sprains; (ii) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (iii) catastrophic injuries including paralysis and death.
WAIVER AND RELEASE. You agree for yourself, or as parent agreeing on behalf of a minor child, your spouse, children, heirs and personal representatives, to forever waive, release and discharge VASA and its owners, employees, affiliates, successors, and assigns from any and all claims or causes of action, known or unknown, arising out of any and all injury or damage caused by the ordinary negligence of VASA or its employees, owners or affiliates, including without limitation, any claim, damage or injury which may occur as a result of any malfunction or breakage of equipment, the club’s improper maintenance of any machinery, equipment or facilities, the club’s negligent instruction or supervision, and any injury from slipping or falling while in the club facility or any portion of the premises for any reason. You expressly agree to indemnify and hold VASA harmless from any loss, liability, damage, or cost VASA may incur due to your presence at the club facility.
BY COMPLETING THIS FORM AND SIGNING/INITIALING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND FULLY UNDERSTAND THAT YOU ARE SURRENDERING YOUR RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST VASA FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, PRODUCTS LIABILITY OR UNDER ANY OTHER THEORY, TO THE MAXIMUM EXTENT ALLOWED BY LAW.

BINDING INDIVIDUAL ARBITRATION AND CLASS WAIVER. In the unlikely event that VASA is unable to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute with you after attempting to do so informally), subject to your right to opt-out below, you and VASA both agree to resolve such disputes through binding arbitration or small claims court rather than a court of general jurisdiction. Arbitration utilizes a neutral arbitrator instead of a judge or jury and the procedures are generally simpler and more limited than those applicable to a lawsuit in court. Arbitration is subject to limited review by courts, but an arbitrator can award the same damages and remedies that a court can award. For the purposes of this arbitration provision, a “dispute” between us shall be broadly construed to mean any dispute, claim, or controversy between you and VASA, including any dispute, claim, or controversy arising from or relating to your membership, this agreement, your access to or use of a VASA Fitness club, (or your access to and use of any VASA digital content) whether based in contract, tort, warranty, regulation, statute, or any other legal or equitable basis.
A) Class Action and Jury Trial Waiver. To the fullest extent permitted by law, you and VASA acknowledge and agree that we each are waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This means that neither you or VASA may join claims in arbitration with or against other members or litigate in court or arbitrate any claims as a representative or member of a class and that the arbitrator may not consolidate any claims into a class proceeding. However, if this class action waiver is held unenforceable as to all or some parts of a dispute, to the extent that any claims must proceed on a class, consolidated, or representative basis, such claims must be litigated in the state or federal courts of the state in which your home club is located and not in arbitration, with any remaining parts proceeding in individual arbitration.
B) Arbitration Exceptions. Nothing in this arbitration provision shall prevent you or VASA from: (i) bringing an individual action in small claims court if the dispute is within the jurisdiction of that court, or (ii) pursuing an available enforcement action through any local, state, or federal governmental agency. For any disputes not subject to mandatory arbitration under this section, you agree to submit the dispute to the exclusive jurisdiction of the state or federal courts of the state in which your home club is located for resolution, and you further irrevocably waive any right you may have to trial by jury in any such, action or proceeding.
C) Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. shall govern the interpretation and enforcement of this arbitration provision. For simplicity and fairness, arbitration will be conducted on an individual basis before a single arbitrator in accordance with the then current American Arbitration Association’s Consumer Arbitration Rules (“AAA Consumer Rules”), available at www.adr.org. The arbitrator, and not any local, state, or federal court, shall have the exclusive authority to determine all issues regarding the interpretation, applicability, and enforcement of this agreement and all issues regarding the arbitrability of the dispute, including but not limited to any claim that all or part of this arbitration provision is void or voidable. The arbitrator is authorized to issue all remedies authorized by law. The decision of the arbitrator shall be final and the arbitration award enforceable by any court with jurisdiction over the parties. In the event of a conflict between the terms of this arbitration provision and the AAA Consumer Rules, the terms of this arbitration provision shall control unless the arbitrator determines that the application of any inconsistent arbitration provision terms would result in a fundamentally unfair arbitration. You and VASA agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, compelled by a court of competent jurisdiction following service of a subpoena and prior notice to you or VASA, or as mandated by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. This arbitration provision shall survive termination of this agreement or your membership with VASA for any reason.
D) Arbitration Procedures. You and VASA agree to attempt initially to solve all disputes subject to arbitration by conducting good-faith, informal negotiations. Before commencing arbitration, the party seeking arbitration must provide the other party with written notice of the dispute that includes: (i) the name, mailing address, and email and/or phone number of the party giving notice; (ii) a detailed description of the dispute; and (iii) the relief sought. Your written notice must be sent via certified mail or by any nationally recognized delivery service (e.g. UPS, Federal Express, etc.), or by hand delivery to: Member Services, VASA Fitness, 1259 South 800 East, Orem, UT 84097. VASA’s written notice will be sent to you via the contact information we have in our records for you. You and VASA agree to use good-faith efforts to attempt to resolve the dispute within thirty (30) days from the date the notice of the dispute is sent. If you and VASA do not reach agreement on resolving the dispute within those thirty (30) days, the party seeking arbitration may commence arbitration in accordance with the AAA Consumer Rules. Any in-person arbitration hearings will take place in the county (or other municipality) where your home club is located, unless the parties agree to a different location.
E) Arbitration Fees. VASA will pay, or if applicable, reimburse you for all AAA filing, administration, and arbitrator fees and expenses for any arbitration commenced by you or us. Notwithstanding the forgoing, nothing herein shall limit the arbitrator’s discretion to allocate compensation, expenses, and fees in accordance with Rule R-44(c) of the AAA Consumer Rules.
F) Opt-Out. You may reject this arbitration provision by sending a written opt-out notice to us. The opt-out notice must be sent no later than thirty (30) days after you sign this agreement. You must send written notice via email to directoroflegalservices@vasafitness.com or by mail to Member Services, VASA Fitness, 1259 South 800 East, Orem, UT 84097. The opt-out notice must include: (i) your name, (ii) your mailing and email address, and (iii) your request to be excluded from this mandatory arbitration provision. Your rejection of this arbitration provision shall have no effect on the remaining provisions of this agreement.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VASA OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE PAST, PRESENT AND FUTURE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS (THE “VASA PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE FACILITY, MATERIALS, EQUIPMENT OR SERVICES CONTEMPLATED BY THIS AGREEMENT OR THE ACTS OF THE OTHER MEMBERS OF VASA, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE, EVEN IF VASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF THE VASA PARTIES TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE FACILITY, MATERIALS, EQUIPMENT OR SERVICES CONTEMPLATED BY THIS AGREEMENT SHALL NOT EXCEED THE MEMBERSHIP PAYMENTS ACTUALLY PAID BY YOU TO VASA DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION OUT OF WHICH SUCH LIABILITY ARISES.

INDEMNITY. You agree to defend, indemnify and hold VASA harmless from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of or related to your (or your guest’s or minor child’s) activities in any VASA club facility, including, without limitation, any actual or threatened suit, demand or claim arising out of or relating to your use (or your guest’s or minor child’s use) of the club facility, your violation of this Agreement, or any damage or injury that you, your guest or your minor child may cause. Your indemnification obligations survive cancellation or termination of this Agreement.

GOVERNING LAW; JURISDICTION. This section of the Agreement regarding Arbitration, Class Actions, and Jury Waivers will be governed by, construed and enforced in accordance with the laws of the State of Utah, without regard to Utah’s conflicts of law rules. By signing this Agreement, you agree to submit to the exclusive jurisdiction of the Federal and State courts situated in Utah County, Utah for the resolution of any dispute which may arise between you and VASA, regardless of your home club location. You agree that you will not contest such jurisdiction on the theory that it is inconvenient, or for any other reason.

SEVERABILITY. If any portion of this Agreement if found to be invalid, illegal or in violation of any laws for any reason, in whole or in part, such invalid or illegal provision will be deemed stricken from this Agreement and shall have no effect on the viability of the remaining terms and conditions which shall remain in full force and effect to the fullest extent permitted by applicable law.

COMPLETE AGREEMENT. You acknowledge and agree that this Agreement, including the Waiver of Liability and Assumption of Risk contains the entire understanding of you and VASA relating to your membership and that no oral promises or statements made by any party are part of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE THAT THE SUBMISSION OF YOUR MEMBERSHIP APPLICATION IS DEEMED YOUR EXPRESS AGREEMENT TO THE TERMS CONTAINED HEREIN.

ASSIGNMENT. You may not assign, resell or transfer your membership rights granted, or obligations required by this Agreement in whole or in part.

PRIVACY POLICY. You can review VASA’s practices with regard to the collection and sharing of your personal information through our website, Mobile App and our general privacy policy covering information we collect through membership registration at https://vasafitness.com/privacy.