Terms and Conditions
1. UPDATES TO THESE TERMS
Insurgent Fitness LLC (“Insurgent Fitness”) reserves the right to update or revise these Terms and Conditions at any time. Members will be notified of changes through the Insurgent Fitness Community forum or by email. By continuing your membership after any update, you agree to the updated Terms and Conditions.
2. REQUIRED MEMBER PHOTO
Mandatory Photo: Because Insurgent Fitness provides 24-hour facility access, all members must upload a clear, front-facing photo of their face to their profile within the Insurgent Fitness app/system.
Photo Restrictions:
• No group photos.
• No full-body or torso-visible photos (if your waist or torso is visible, it is too far away).
• No cropped photos that cut off any part of your face.
• No objects obstructing any part of your face.
• No offensive or obscene images.
Failure to Comply: Failure to upload a compliant photo will result in immediate deactivation of door access (no refund or credit). Reactivation requires additional steps (such as sending a state-issued photo ID) and a manual review by staff.
3. RULES AND SAFETY
By purchasing a membership or training package (for yourself or on behalf of a minor child), you agree to obey all instructions from Insurgent Fitness instructors, staff, and personal trainers, and to observe all safety rules within the facility.
4. RECURRING PAYMENTS
4.1 Payment Methods:
• Cash, checks of any form, and money orders are not accepted for recurring membership payments.
• Checks (of any form) and money orders are not accepted for any purchases.
• By purchasing any monthly plan, you authorize automatic billing via any payment method you place on file.
4.2 Billing Schedule:
• Auto Draft Dates occur on the 1st of every month for monthly plans.
• Prepaid Plans (purchased prior to 2022): Auto-renew according to their original billing cycle from the date of purchase.
• Prepaid Plans (purchased in or after 2022): Do not auto-renew at the end of the term.
• Monthly memberships purchased before the 1st of the month will be prorated from the purchase date to the last day of the month.
• The prorated charge is calculated by the total monthly membership cost divided by the number of days from purchase to month’s end.
4.3 Agreement: By signing (for yourself or on behalf of a minor), you acknowledge all recurring payments will continue until canceled in accordance with these Terms. Insurgent Fitness uses Stripe as its primary payment processor.
5. MEMBERSHIP PRICE INCREASES
Insurgent Fitness reserves the right to increase membership prices once every calendar year. A 45-day notice will be provided via email or the Insurgent Fitness global community forum prior to any price increase. If you do not cancel your membership before the auto-renew date (per these Terms), you are deemed to have consented to the new price.
6. MERCHANT FEES
6.1 Fee Overview:
• Insurgent Fitness may charge a merchant processing fee on all membership sales, product sales, one-time purchases, or other payments processed through its merchant processor.
• Current fees: 2.9% for debit/credit cards, and 0.8% for ACH (EFT).
6.2 Fee Changes: If the merchant processor’s rates increase, Insurgent Fitness may increase the merchant fee. A 45-day notice via email will be provided for any such change.
6.3 Merchant Fee Billing Date: The fee is not shown on the invoice at the time of billing but is applied when the invoice is sent to the merchant processor. Insurgent Fitness cannot waive this fee.
7. PREPAID MEMBERSHIPS
Pre-2022 Prepaid Memberships: Offered in 3-, 6-, or 12-month blocks and auto-renew at the end of each block.
2022-Onward Prepaid Memberships: Offered in 3-, 6-, or 12-month blocks and do not auto-renew at the end of each block (must be repurchased upon expiration).
Refunds for Prepaid Memberships: No refunds are issued for cancellations. Any remaining days remain active until the block’s expiration date.
8. PERSONAL TRAINING MEMBERSHIPS
8.1 Sessions (Auto-Renewing): Provide a set number of sessions each month, replenished at the start of each billing cycle. Unused sessions do not carry over and are lost without refund or credit.
8.1 Sessions (Non-Renewing): Provide a set number of sessions valid for 3 months from purchase. Unused sessions at the end of 3 months are forfeited, with no refunds or credits.
8.2 Gym Access:
• Auto-Renewing In-House PT Memberships include 24-hour gym access.
• Non-Renewing In-House PT Memberships do not include 24-hour gym access.
9. CANCELING MEMBERSHIPS
9.1 General Cancellation (Monthly Plans): All recurring monthly plans require a 30-day written notice (email acceptable) before the next billing date. If fewer than 30 days, the upcoming scheduled payment is the final payment, and cancellation takes effect at the end of that billed month.
9.2 Yearly Contract Membership: Also requires a 30-day written notice. An Early Cancellation Fee of $150 applies immediately upon notice. If notice is given fewer than 30 days before the bill date, the final payment processes as scheduled, and the membership will not renew at the end of the yearly commitment.
9.3 Prepaid Memberships: Can be canceled at any time prior to the next recurring payment date. No refunds are issued if a prepaid plan has auto-renewed. Canceling does not entitle a refund for any unused days or months.
9.4 Canceling a Membership on Hold: Still requires a 30-day notice. Canceling during a hold lifts the hold immediately, forfeiting unused hold time. A prorated amount is billed for the remainder of the month. If fewer than 30 days remain before the next billing cycle, the final payment will process as scheduled on the 1st.
9.5 Canceling Multi-Member Memberships: If one member cancels, the plan downgrades to reflect the new number of members. This changes the monthly rate. All group members will be notified by email.
9.6 Canceling Personal Training: In-House or Online personal training plans can be canceled up to 2 days prior to the next billing date. Unused sessions can be used until the end of the current billing cycle. No refunds for an auto-renewed PT plan.
9.7 Canceling Group Fitness Memberships: Requires a 30-day notice before the next bill date. If fewer than 30 days, the upcoming payment processes, and cancellation takes effect 30 days thereafter.
9.8 Canceling or Switching Memberships: Switching to a new membership is considered a cancellation of the current one; a 30-day notice applies. The new membership begins after the old membership ends.
10. HOLDS ON MEMBERSHIPS AND IN-HOUSE PERSONAL TRAINING PLANS
Members can place recurring monthly memberships on hold for up to 3 months within a 12-month period. A 15-day notice is required before the next billing date. If fewer than 15 days, the upcoming payment processes, and the hold begins 30 days afterward.
10.1 Hold Duration: Holds start on the last day of a month and end on the last day of a month. Holds are in monthly increments only.
10.2 Hold Fees: $10 per hold month, billed immediately when the hold notice is received. Monthly membership dues are not charged during the hold period.
10.3 Yearly Contract Extensions: Hold time does not count toward the 12-month commitment; the contract end date is extended by the number of hold months.
10.4 Removing a Hold Early: If a hold is lifted early, the membership is prorated from the hold-lift date to the end of the current month. Normal billing resumes the 1st of the following month. Hold fees are non-refundable if ended early.
11. DOOR ACCESS
11.1 Door Access Requirements:
• All non-members must register, sign waivers, pay any applicable fee (daily drop-in or membership/class), and upload a clear face photo.
• Everyone must scan into the door system for recognition and unlocking before entering the facility.
11.2 Prohibitions: Allowing anyone to enter using your access or accompany you without registering/paying is strictly prohibited. Letting in someone whose access is not functioning or who does not have a proper photo is also prohibited.
Penalty: A fee of three (3) times your monthly membership or $250 (whichever is greater), per instance, plus immediate membership termination without refund and a lifetime ban.
11.3 Responsibility: You must ensure the door closes behind you upon entering or exiting. If someone “tailgates” behind you, you may be held responsible.
11.4 Membership Key Fob Replacement: Lost or stolen key fobs must be reported immediately. Replacement fee is $40. If you return the original fob within 30 days, the replacement fee is refunded.
12. DOORS & EQUIPMENT NEGLIGENCE
Doors: Propping open or leaving any door open is strictly prohibited. A $200 fee applies to the first offense. You are responsible for replacement costs and lost revenue if equipment is damaged, lost, or stolen due to a propped-open door.
Equipment Negligence: You must use all equipment properly. Negligent use—such as leaving barbells loaded, throwing/slamming weights, damaging walls or mats, or leaving equipment outside—incurs a $200 fine plus full replacement and lost-revenue costs.
13. PAYMENT GRACE PERIOD
There is a 4-day grace period for all payments. Accounts in default after the 4th day receive daily system-generated emails to the address on file. It is your responsibility to keep your contact information current.
14. FAILED PAYMENTS & COLLECTIONS
If a balance remains unpaid after the 4th of the month:
• Pre-May 1st, 2022: $150 break of contract fee.
• On/After May 1st, 2022: $50 break of contract fee.
The account is deactivated. The total due plus the fee must be paid within 30 days to remain eligible for reactivation.
If payment is not received within 30 days, the total amount due plus a $125 break of contract fee and the next month’s membership fee will be sent to collections. You are responsible for attorney fees, court costs, and 1.5% monthly interest on the unpaid balance. Accounts sent to collections are subject to a lifetime ban.
15. CHARGEBACK DISPUTES
Filing a chargeback on any charges results in automatic membership termination and a lifetime ban. Insurgent Fitness disputes chargebacks to the fullest extent of the law. If the chargeback is due to fraud/identity theft, Insurgent Fitness will involve authorities.
Any chargeback also incurs:
• The original disputed charge
• A $150 break of contract fee
• A $25 chargeback fee
• The final month’s membership fee
• Attorney fees, court costs, and 1.5% monthly interest on the unpaid balance
16. PHOTOGRAPHY/VIDEO RELEASE
By signing (for yourself or on behalf of a minor), you consent to any photo or video taken during Insurgent Fitness activities being used for promotional, educational, or advertising material (physical or digital) by Insurgent Fitness without compensation.
17. INDIVIDUAL MEMBER VIDEO/PHOTOGRAPHY
If you film or take photos in the gym, you must obtain permission from anyone who appears in your recording. No recording or photography is allowed in the Martial Arts Room during a class (no exceptions).
18. THIRD-PARTY PHOTOGRAPHY & VIDEOGRAPHY
Professional photography or videography for any product, promotion, modeling, film, or other revenue-generating purpose is prohibited without written permission from Insurgent Fitness. Unauthorized professional shoots incur a $500 usage fee per individual involved, per instance, and a 12-month ban.
19. SOCIAL MEDIA BULLYING
Posting or sharing any photo/video taken at Insurgent Fitness with the intent to bully, threaten, or embarrass others is prohibited. Violators face a lifetime ban and may be subject to legal action.
20. REFUNDS
All sales are final. Insurgent Fitness does not provide refunds for any reason. By signing (for yourself or a minor), you understand that any fees—whether for clothing, gear, instruction, gym access, or membership dues—are non-refundable.
21. AGE REQUIREMENTS
All members must be at least 13 years old. Members 13–17 must be accompanied by an active adult member while in the facility or attending classes. No one under 18 may be in the facility unattended.
22. LOYALTY PROGRAM, DISCOUNTS & PROMOTIONS
22.1 Eligibility: Must make six (6) consecutive monthly payments without late payments, holds, or cancellations. Only memberships marked eligible qualify. Eligibility starts with the first full payment; prorated payments do not count.
22.2 Loyalty Discount Application: Once qualified, the discount begins the 7th consecutive month and continues indefinitely unless a payment is missed or membership is canceled.
22.3 Loss of Loyalty Discount: Canceling after qualification revokes the discount permanently.
22.4 Hold Policy: Members who qualify may place their membership on hold without losing the discount after they have become eligible.
22.5 Combining Discounts: The Loyalty Program discount cannot be combined with any other discount or promotion.
22.6 Promotions: Promotional offers are temporary and cannot be combined with the Loyalty Program discount.
22.7 Membership Types: Day passes, week passes, prepaid memberships, and drop-in memberships are not eligible for the Loyalty Program.
23. CONDUCT
All members must adhere to acceptable standards of behavior. Profanity, harassment, threats, fighting, property damage, or other offensive behavior (as deemed by Insurgent Fitness) will result in immediate membership termination without refund.
24. SHARING PERSONAL INFORMATION
By signing (for yourself or on behalf of a minor), you allow Insurgent Fitness to share personal information with vendors and partners as necessary for business operations. Insurgent Fitness does not sell or share personal information beyond these vendors/partners. Shared data may include name, email, address, date of birth, phone number, or other required details.
Personal information may be sent to a collections agency if you default on payment after 30 days or immediately upon a charge dispute.
25. TERMS OF SERVICE VIOLATIONS
Violating any part of these Terms or engaging in misconduct, as determined by Insurgent Fitness staff, may result in immediate membership termination without refund. Any remaining balance becomes due immediately upon termination.
26. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.
27. GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of Arizona without regard to conflict-of-law principles. Any legal action must be brought exclusively in the state or federal courts located in Arizona, and members waive any objection to venue or jurisdiction in those courts.
BY SIGNING OR PURCHASING A MEMBERSHIP (FOR YOURSELF OR A MINOR), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE ABOVE TERMS AND CONDITIONS IN THEIR ENTIRETY.