Terms and Conditions

The Terms and Conditions of this membership agreement may be updated from time to time at the discretion of Insurgent Fitness LLC. You will be notified through the Insurgent Fitness Community forum or by email when updates are made.

Required Member Photo

Because Insurgent Fitness, LLC provides full 24-hour access on a daily, weekly, and monthly basis, a clear photo of your face must be uploaded to your profile within the Insurgent Fitness app and Insurgent Fitness system. The photo cannot be a group photo, a photo of you from a distance (if your torso/waist can be seen- it is too far), a cropped photo cutting off any portion of your face, having any object that obstructs a clear view of your face, or a photo that is obscene or can otherwise be deemed offensive to others. The photo must show your entire face, and face only.

Failure to upload a picture under these guidelines WILL RESULT IN DEACTIVATION of your door access, without refund or credit. Additionally, reactivation of your door activation will result in further required steps (such as emailing a state issued ID with your photo) and a required manual review of your account by staff before reactivation.

Rules and Safety

By signing for yourself and/or on behalf of your minor child, upon purchase of any membership or training package, you agree to strictly obey instructors, staff, and personal trainers and observe all safety rules within the Insurgent Fitness facility.

Recurring Payments

Cash, check (of any form), or 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, for yourself, a family member, a minor child, or friend, you agree to be billed automatically from any payment method you chose to place on file with Insurgent Fitness LLC.

Auto Draft Dates occur on the 1st of every month on monthly plans.

Pre-paid plans purchased prior to 2022 auto renew according to their billing cycle from the date of purchase. Pre-paid plans purchased in or after 2022 do not auto renew.

Monthly membership plans purchased prior to the 1st of the month will be prorated from the date of purchase.

The Prorate charge is calculated by the total monthly cost of the selected membership plan divided by the number of days from the purchase date to the last day of the month.

ALL RECURRING PAYMENTS WILL REMAIN IN EFFECT UNTIL CANCELED.

Insurgent Fitness LLC uses Stripe as its primary merchant processor.

Membership Price Increases

Insurgent Fitness LLC reserves the right to increase its membership pricing plans once every calendar year beginning January 1st. If the price of the specific product and/or membership under this agreement is increased, then Insurgent Fitness will provide a written notice via email or publication on the global community forum within the Insurgent Finesses gym portal. This notice will be provided at least forty-five (45) days prior to the price increase. Unless you send confirmation to cancel your membership prior to your membership's auto-renew date, as outlined under the cancellation terms of this agreement, you are consenting to the increase of any membership you currently hold on your account.

Merchant Fees

Insurgent Fitness reserves the right to include a merchant processing fee to all its memberships sales, product sales, one-time use purchases, and any other purchase that is sent to the Merchant Processor for payment. The Merchant Processing fee will vary based on the payment type you choose when making a purchase through Insurgent Fitness LLC: Debit/Credit Card or ACH (EFT: Electronic Funds Transfer).

Insurgent Fitness charges a 2.9% fee on all Debit/Credit cards and a 0.8% fee for all ACH payment methods.

The Merchant Fee may be increased by Insurgent Fitness solely on the reason the Merchant Processor increases their own processing rates.

Insurgent Fitness will provide all members a forty-five (45) day notice via email in the event the Merchant Processing fee is increased.

Merchant Fee Billing Date

The Merchant fee will not be reflected on the invoice at the time of billing, but will be applied once the invoice is sent to the Merchant Processor for payment collection. Because invoices can be edited (price changes made), prior to being sent to the Merchant Processor for processing, the Merchant fee is calculated, and may be billed separately, when the Merchant Processor receives the invoice to process the payment.

Insurgent Fitness LLC cannot waive the Merchant Fee.

Prepaid Memberships

Prepaid Memberships prior to 2022-

The Prepaid Membership plans come in 3 Month, 6 Month, and 12 Month blocks and auto renew at the end of each block.

Prepaid Memberships 2022 and onwards

The Prepaid membership plans come in 3 Month, 6 Month, and 12 Month blocks and DO NOT auto renew at the end of each block. You will need to repurchase a prepaid membership to continue upon expiration of the chosen prepaid plan.

Refunds of Prepaid Memberships

REFUNDS FOR CANCELLATIONS OF PREPAID MEMBERSHIPS WILL NOT BE ISSUED. Any remaining days will remain active until the expiration date of the prepaid plan.

Personal Training Memberships

Sessions:

Each auto-renewing Personal Training membership has a limited number of sessions per month, as outlined per personal training membership. All sessions are to be scheduled between you and your assigned Trainer. ANY SESSIONS NOT USED AT THE END OF THE BILLING CYCLE ARE LOST AND ARE NOT ADDED TO THE FOLLOWING MONTH. Any lost sessions cannot be made up, refunded, credited, or otherwise used in any capacity regardless of the reasons the sessions were unused. Sessions are refilled at the beginning of each bill cycle.

Each non-renewing Personal Training membership has a limited number of sessions that must be used within a 3 month period starting from the date of purchase. All sessions are to be scheduled between you and your assigned Trainer. ANY SESSIONS NOT USED AT THE END OF THE THREE (3) MONTH CYCLE ARE LOST AND CANNOT BE MADE UP, REFUNDED, CREDITED, OR OTHERWISE USED IN ANY CAPACITY REGARDLESS OF THE REASONS THE SESSIONS WERE UNUSED.

GYM Access:

ALL AUTO RENEWING IN-HOUSE PERSONAL TRAINING MEMBERSHIPS PROVIDE 24 HOUR GYM ACCESS TO THE INSURGENT FITNESS FACILITY.

ALL NON-RENEWING IN-HOUSE PERSONAL TRAINING MEMBERSHIPS DO NOT PROVIDE 24 HOUR GYM ACCESS TO OUR FACILITY.

Canceling Memberships

All recurring monthly membership plans, including the yearly contract, require a minimum thirty (30) day WRITTEN (email is accepted as written notice) notice prior to your next bill date. If written notice is less than thirty (30) days, the regular scheduled auto payment, FINAL PAYMENT, will be debited as scheduled from the {PAYMENT_METHOD} on file. Cancellation will then occur at the end of the FINAL billed month.

The Yearly Contract Membership carries an Early Cancellation fee of $150. The Early Cancellation fee will be debited from the {PAYMENT_METHOD} on file IMMEDIATELY upon notice of your intent to cancel. The Yearly Contract Membership requires a 30 day WRITTEN notice to cancel. If written notice is less than thirty (30) days, the regular scheduled auto payment, FINAL PAYMENT, will be debited as scheduled from the {PAYMENT_METHOD} on file, but the contract will not renew your yearly commitment and the account and membership will be canceled at the end of that billed month.

Prepaid membership plans can be canceled at any time prior to the next recurring payment. Refunds will not be issued if a prepaid plan has auto-renewed. If you cancel a Prepaid membership you will not be refunded for any remaining days or months unused.

Canceling a membership on Hold

Memberships placed on hold must adhere to the 30-day notice for cancellation. A membership that is on a hold and a cancellation request is made, will remove the current hold and reactivate the membership. Any remaining days/months left from the hold are voided and a prorated amount will be billed for the remaining days left from the date the hold is lifted to the end of the current month. If the cancellation request is less than 30 days from the next normal billing cycle (1st of the following month), you are subject to the normal billing date with a FINAL PAYMENT billed in the full amount of the membership to the card on file on the 1st of the upcoming month. The membership will then be canceled out at the end of the normal billing cycle.

Canceling Multi-Member Memberships

Any member of a multi-member membership can cancel under the cancellation requirements noted above. In the event a cancellation occurs, either by a member's request or as a result of a failed payment, the multi-membership plan will be downgraded to the multi-membership or individual membership equal to the number of members remaining.

THIS WILL CHANGE THE AMOUNT DUE EACH MONTH for the remaining members. All members of the group will be notified of the change via the email on file.

For example: if you and a group sign up on a 3-member membership and a member decides to cancel, the multi-membership will be downgraded to a 2-member membership, after FINAL PAYMENT is for the 3-member membership.

It is each individual member's responsibility to communicate with the other members of the group if they desire to cancel their membership. Insurgent Fitness and Insurgent Fitness staff are not responsible for any conflicts or miscommunications among members of a multi-member membership plan.

Canceling Personal Training (online or in-house)

All In-House and Online personal training plans can be canceled anytime, up until 2 days prior to the next billing date. Any and all unused Personal Training sessions can be used until the end of the current bill cycle. Refunds will not be issued if the personal training session has already auto-renewed.

Canceling Group Fitness Memberships

All recurring Group Fitness membership plans require a minimum thirty (30) day notice prior to your next bill date. If cancellation notice is less than thirty (30) days, the regular scheduled auto payment will be debited as scheduled from the {PAYMENT_METHOD} on file. Cancellation will then occur thirty (30) days after the normal bill date.

Canceling/Switching Memberships

Switching a membership to a new membership is canceling the current membership, therefore the 30-day notice is required. The old membership will cancel, per the terms of this agreement, and the new membership will take effect at the end of the old membership.

Holds on Memberships and In-House Personal Training Plans

All standard recurring monthly membership plans may be have a hold placed on the account, up to a max of three (3) months in a 12-month period. A minimum fifteen (15) day notice to suspend/hold is required prior to the next normal bill date. If hold notice is less than fifteen (15) days, the regular schedule auto payment will be debited as scheduled from the debit/credit card on file. Suspension/hold will than occur thirty (30) days after the normal bill date.

ALL HOLDS START ON THE LAST DAY OF A MONTH AND END ON THE LAST DAY OF A MONTH. Holds are in monthly increments - NO EXCEPTIONS.

There is a $10 fee for each month the membership is to be on hold. The total fee (max of $30) is billed immediately from the {PAYMENT_METHOD} on file on the date a hold notice is received. During the hold period you will not be billed your normal monthly membership fee until the hold is lifted.

Yearly Contract memberships that are placed on a hold will be extended equal to the total months the account is on hold for. The months of the hold for a Yearly Contract Membership DO NOT count towards the twelve (12) month commitment.

If a hold is canceled before its maturity date (end of the hold) the membership will be prorated from the date the hold was lifted to the end of the current month. The normal billing cycle will occur on the 1st of the following month. Any hold fees paid ARE NOT REFUNDABLE IF A HOLD IS REMOVED BEFORE ITS MATURITY DATE.

Door Access

All non-members must register with Insurgent Fitness LLC, sign all waivers, pay Insurgent Fitness LLC a Membership or the Daily Drop-In fee for the gym and/or class, and upload a photo of their face to their profile within gym management software.

All individuals are required to scan into the building and have the door system recognize and unlock for the individual, before the individual is granted access to any Insurgent Fitness facility.

Allowing anyone to use your facility access or allowing anyone to accompany you into the facility, without the individual first registering and paying for any of Insurgent Fitness, LLC services, or allowing any individual into the facility for failure to upload a photo, or allowing anyone into the building whose door access is not working, is a violation of this agreement.

The violation of this section of the agreement will result in a Penalty Fee equal to three (3) times your monthly membership plan price or $250 (whichever is greater), or legally allowed by the State, AND immediate termination of your membership agreement without refund, including forfeiture of any prepaid monies or fees paid, and you will be prohibited from rejoining the facility for any future reason or purpose.

ANYONE who walks in after you, whether you are entering or leaving, with or without your permission does not remove YOUR responsibilty of this Door Access policy. It is your sole responsibility to ensure the door closes behind you when entering or leaving the building.

Membership Key Fob Replacement

Lost or stolen key fobs must be reported to Insurgent Fitness LLC immediately. Replacement fee is $40 per key fob. If the key fob is found and returned to Insurgent Fitness LLC within 30 days of replacement, the replacement fee will be refunded.

Doors and Equipment Negligence

Doors:
The propping or the leaving open of any doors is prohibited. Any person caught proping open a door will receive a Penalty fee of $200 and will then be notified of the incident. If equipment is damaged, lost, and/or stolen do to you propping open or leaving open any door, will immediately result in the $200 fee and you will be responsible for the financial replacement of the lost, stolen, and/or damaged equipment. Propping open or leaving any door open may also incur additional legal action by Insurgent Fitness, LLC against you for any lost revenue do to the damaged, lost, and/or stolen equipment.

Equipment Negligence:
It is your responsibility to use all equipment provided by Insurgent Fitness, LLC responsibly. Any negligence on your part, whether accidentally or purposefully, including but not limited to: leaving barbells loaded with weight resulting in permanent damage to the barbell, throwing plates and/or dumbells, slamming equipment, slamming weight plates, hanging on heavy bags, tearing mats, tearing gloves, causing damage to the walls, using equipment on concrete or asphalt resulting in chips and/or cracks to the equipment or flooring, leaving equipment outside resulting in weather damage or equipment becoming lost or stolen, or using any equipment outside of its intended purpose or use, will result in you being fined $200 and be responsible for the full financial cost to replace the damage, lost, and/or stolen equipment plus any lost revenue Insurgent Fitness, LLC received do to the result of the damaged, lost, and/or stolen equipment.

Payment Grace Period

A four (4) day grace period is provided for ALL payments to Insurgent Fitness. Accounts in default and/or payments not received will be sent a system generated email to the email address on file requesting payment for each day the account is in default. It is your responsibility to keep all contact information up-to-date within our system so that all notices (emails) will be received in a timely manner.

Failed payment fees and collections

Any past due balance after the 4th of the month will be subject to a break of contract fee due to failed payment of $150 (prior to May 1st, 2022); $50 (starting May 1st, 2022). The account will be deactivated and the total monthly balance plus the break of contract fee will need to be paid within 30 days to remain eligible to reactivate or return to Insurgent Fitness.

If payment is not received within thirty (30) days, the total amount due plus a $125 break of contract fee, plus the next month membership price will be sent to collections. You are then responsible for all attorney fees, court costs, and interest at the rate of 1.5% monthly on the total unpaid balance.

Any balance sent to collections will result ina life time ban from Insurgent Fitness LLC.

Chargeback disputes

Should a chargeback be filed through your bank on any charges applied to the {PAYMENT_METHOD} on file, will result in automatic termination of your account, membership, and a lifetime ban from returning to any Insurgent Fitness facility or event run by Insurgent Fitness.

Insurgent Fitness will follow all necessary procedures to the fullest extent of the law to dispute the chargeback. If the chargeback is related to fraud/identity theft, Insurgent Fitness will contact local authorities, procuring to state and federal authorities all information necessary to assist in the prosecution of the violating member under the laws related to fraud/identity theft.

Any chargebacks will result in additional fees that will be sent to collections: including, but not limited to, the original disputed charge, a $150 break of contract fee, a $25 chargeback fee, the memberships Final Bill charge that would have occurred on the 1st of the following month if the membership was canceled per this membership agreement, and all attorney fees, court costs, and interest at the rate of 1.5% monthly on the total unpaid balance.

Photography/Video Release

Your involvement in any activities offered by Insurgent Fitness, LLC may be photographed or videotaped during that time. By signing for yourself and/or on behalf of your minor child, hereby consent to the use of these photographs and/or videos without compensation. All photos, videos, sound recordings may be used on any Insurgent Fitness website, its education websites, Insurgent Fitness Social media pages, or in any editorial, promotional or advertising material produced (physical or digital) and/or published by Insurgent Fitness, LLC.

Individual Member Video/Photography

If you are filming in the gym, you must ask permission of any member that comes into the video view of any recording device and/or camera. No recording is allowed or photos taken inside the Martial Art Room while any class is in session. NO EXCEPTIONS.

Third party Photography and/or Videoing

Professional use of our facility for photography and/or videoing is prohibited, unless Insurgent Fitness provides written permission. Anyone found doing photography and/or videoing for any product (promotional purposes), movie, modeling, etc will result in a usage fee of $500 per individual involved at time of the videoing/photography shoot. The offending member(s) will receive a 12 month ban from being allowed within any Insurgent Fitness facility or hosted/managed event.

Social media bullying

Uploading of any photo or video to a social media driven website, app, or any website for the intended purpose to bully, hurt, extort, or make fun of, any member within Insurgent Finesses facility, its owners, and/or Insurgent Fitness as an entity is strictly prohibited. Offending members will receive a lifetime ban and subject to any legal action allowed under state and/or federal law.

Refunds

All sales are final. Insurgent Fitness, LLC, does not issue refunds for any reason. By signing for yourself and/or on behalf of your minor child you further understand and agree that Insurgent Fitness LLC DOES NOT PROVIDE A REFUND (partial or otherwise) in the event that you and/or your child(ren) are unable to participate in any services provided by Insurgent Fitness under the terms of the membership, during any time period in which membership at Insurgent Fitness LLC was active. All funds paid to Insurgent Fitness LLC, whether for clothing, fitness gear/supplies, instruction, gym access, membership dues, or for any other purpose to which money was collected by Insurgent Fitness, are NON-REFUNDABLE.

Age Requirements

All members must be at least 13 years of age to have membership access. Children aged 13-17 years must be accompanied by an adult with an active membership while in the gym or attending any Insurgent Fitness LLC group fitness class. At no time may an individual under the age of 18 be in the facility unattended or unsupervised.

Conduct

Conduct within the Insurgent Fitness facility shall be governed by the generally accepted rules of proper behavior and decorum. Any use of profanity or abusive language, argumentative behavior, fighting, threats or intimidation, destruction of property, or any other behavior deemed inappropriate or offensive by Insurgent Fitness LLC or its employees may result in immediate termination of membership and loss of facility access without refund.

Any member who violates this agreement may have his or her membership agreement immediately terminated by Insurgent Fitness LLC. In such case, no part of the monthly membership fees paid or the yearly fee paid will be refunded to the member.

Sharing Personal Information

By signing for yourself and/or on behalf of your minor child, you are giving permission for Insurgent Fitness LLC to share personal information and any other information collected with vendors and partners Insurgent Fitness LLC has partnered with in order to conduct its business. Insurgent Fitness LLC does not sell or share personal with any third party parties, beyond the vendors and/or partners Insurgent Fitness LLC works with to operate its day-to-day, month-to-month, and yearly business operations.

Any personal information shared by Insurgent Fitness LLC to its vendors and/or partners is limited only to the information necessary to conduct its business. Shared information includes, but not limited to: you or your child's first and last name, email address, mailing address, date of birth, and/or mobile phone number, and any other information required to operate it's business functions.

Insurgent Fitness will send personal information to its partnered collections agency in order to collect debts owed to Insurgent Fitness LLC. Personal information sent to a collections agency will be sent after the thirty (30) day pre-collections period has lapsed or immediately upon any dispute of charges you or your child(ren) claim against Insurgent Fitness LLC.

Terms of Service Violations

Violations of any terms of this agreement or the Rules of Conduct while at Insurgent Fitness LLC, as determined by Insurgent Fitness staff, may result in immediate termination of membership and removal from the premises without refund or credit.

In the event of termination due to violation of terms of this agreement, any remaining balance on your account will be due immediately to Insurgent Fitness, LLC.

Severability

In the event that any provision or portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law principles. Any legal action arising out of this Agreement shall be instituted and prosecuted exclusively in the state or federal courts located in the State of New York, and each party hereby waives any objection such party may have to venue or jurisdiction in those courts.