Contract Terms & Conditions

(If applicable) TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate initially agreed upon. Cancellation of Renewal and\or any additional Payment Schedules set forth by this agreement, will require a (1) One Month written notice delivered to Just Perform Barbell's address. The member will be required to make payments that are due within the (1) One Month notice to cancel. This agreement has a 12 month term obligation that must be fulfilled prior to cancellation in order to avoid a $94.00 early cancellation fee.

JUST PERFORM BARBELL ANNUAL GYM IMPROVEMENT FEE*: Just Perform Barbell's Annual Gym Improvement Fee of $39.00 is assessed to all members with a monthly draft agreement and will be billed 45 days from the agreement date and annually on the same date thereafter.

BUYER'S RIGHT TO CANCEL

1) If you wish to cancel this contract, you may cancel by making or delivering written notice to Just Perform Barbell. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: Just Perform Barbell, 440 Tanyard Road, Rocky Mount, VA 24151. If canceled within three business days, you will be entitled to a refund of all moneys paid. (2) You may also cancel this contract if Just Perform Barbell goes out of business or relocates and fails to provide comparable alternate facilities. (3) You may also cancel if you become physically unable to use a substantial portion of Just Perform Barbell services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of Just Perform Barbell services by a doctor's, physician assistant's, or nurse practitioner's certificate. If you cancel after the three business days, Just Perform Barbell may retain or collect a portion of the contract price equal to the proportionate value of the service or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation. (4) You must notify Just Perform Barbell of cancellation in writing, by certified mail, return receipt requested, or personal delivery, to the address of Just Perform Barbell as specified in Just Perform Barbell contract.

NOTICE. ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

The buyer should attempt to resolve any complaint the buyer has directly with Just Perform Barbell.

The Virginia Department of Agriculture and Consumer Services regulates Fitness Facility in the Commonwealth pursuant to the provisions of the Virginia Health Club Act.

ADDITIONAL MEMBERSHIP AND PAYMENT TERMS MEMBERSHIP INFORMATION: If you have any questions regarding your membership, please contact Just Perform Barbell. For account information, please send us an email nick@justperformtraining.com.

For set up of account, agreement # is needed.

DEFINITION OF PARTIES: The words "us," "we," "our," "Just Perform Barbell," "the Fitness Facility" and/or "health spa" refer to the Seller or its assignee.

APPLICABLE LAW: Virginia State Law governs this Agreement.

INVALID PROVISIONS: If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.

ENTIRE AGREEMENT: This Agreement comprises the entire agreement pertaining to membership and no other agreement of any kind, verbal understanding or promise, whatsoever will be recognized or binding on us. There may be additional waivers that will be required for signature.

NO WAIVER OF RIGHTS: We do not waive our right to have future payments made when due, if we accept a late or partial payment or delay the enforcement of our rights on any occasion.

SERVICES: We agree to provide you with use of our facilities and all equipment and amenities which are available to you under the terms of your membership type. We reserve the right to add or delete equipment or services and amenities without effect to this membership agreement. You acknowledge that the services, programs and equipment currently available may change from time to time and are offered on a first come – first serve basis. Membership dues and payments are nonrefundable. Subject to applicable law

FORCE MAJEURE: For the purposes of the Contract, Force Majeure Event means an event beyond the reasonable control of Just Perform Barbell including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, pandemic, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery fire, flood, storm or default of suppliers or subcontractors, (b) Just Perform Barbell shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this agreement as a result of a Force Majeure Event, it shall not cease billing if able to provide virtual services or provide for additional time on membership when able to resume services, (c) if the ForceMajeure Event prevents Just Perform Barbell from providing any of the Services for more than 8 weeks, Just Perform Barbell shall, without limiting its other rights or remedies, have the right to freeze billing or terminate this agreement immediately by giving written notice to the Customer.

HOURS OF OPERATION: Just Perform Barbell is a 24-hour facility for most membership types however we recommend that you partner with another member if working out after staffed hours for your safety. The staffed hours can be altered at the sole discretion of Just Perform Barbell.

DEFAULT: You are in default of this Agreement if: (a) You or any member covered by this Agreement fails to obey any present or future rule or regulation, or (b) We do not receive an installment payment on or before the date it is due, or (c) You make any material statement in connection with this Agreement which is false or incorrect, or (d) Insolvency actions are begun by or against you. (Insolvency includes situations where you are unable to pay all your debts when due.)

OUR RIGHTS UPON DEFAULT: In the event you default on this Agreement, we may suspend or revoke your membership privileges. If you default, we may demand immediate payment of the entire amount you owe.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, Just Perform Barbell will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest and all costs of collection, including but not limited tocollection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A service fee will be charged immediately for any check, draft, credit card, or order returned for insufficient funds or any other reason. Should any monthly payment become more than ten days past due, you will be charged a late fee. If the Member is paying monthly dues by electronic funds transfer (EFT), Just Perform Barbell reserves the right to draft via EFT all amounts owed by the member, including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $5.00 per month processing fee if EFT payment is stopped and payment method changed to credit card. This will not affect any other provisions of this agreement.

CONTACT: Member affirms, acknowledges and attests that Member's mailing address, telephone number, mobile phone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Just Perform Barbell and Just Perform Training, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, mobile phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Just Perform Barbell and/or Just Perform Training, LLC. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

SIGNERS OF AGREEMENT: If there is more than one of you signing this Agreement, each of you is individually responsible to fully perform all obligations under this Agreement. It is your responsibility to know whether this Agreement is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings. If the member of this agreement is a minor, parent/guardian of the minor must sign the agreement and understands that they are financially responsible for the membership terms and full obligation under the agreement.

ATTORNEY'S FEES AND COURT COST: If this agreement is given to an attorney for collection who is not a salaried employee of ours, you shall pay reasonable attorney's fees (15% if not prohibited by law) and court costs allowed by law.

APPLICATION OF PAYMENTS: Payments are applied first to installments in the order in which they are scheduled to be made and then to fees or charges assessed.

BUYER'S REPRESENTATIONS: You represent that you have not defaulted on any other contractual obligation with Just Perform Barbell. If you have, we may apply any and all amounts paid on this Agreement to your past unpaid obligations before processing payments to this Agreement.

TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Just Perform Barbell has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by preauthorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

E-SIGN CONSENT. Certain laws and regulations may require Just Perform Barbell and/or Just Perform Training, LLC, to provide Member with written notices and disclosures on paper. With Member's consent, this information may be provided to Member electronically. Member's consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that Just Perform Barbell and/or Just Perform Training, LLC, may provide Member. Member's consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Just Perform Barbell and/or Just Perform Training, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Just Perform Barbell and/or Just Perform Training, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member's receipt of the Documents. Member agrees to maintain a valid email address with Just Perform Barbell and/or Just Perform Training, LLC, and to promptly notify Just Perform Barbell and/or Just Perform Training, LLC, of any changes to Member's email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Just Perform Barbell and/or Just Perform Training, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is upto- date and supported by Member's electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member's electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Just Perform Barbell and/or Just Perform Training, LLC, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Just Perform Barbell and/or Just Perform Training, LLC.

RULES AND REGULATIONS: By signing this Contract, you acknowledge receipt of a copy of Rules & Regulations governing the conduct of members and guests, and you agree to follow them. We may suspend or revoke your membership at any time in the event you fail to obey our Rules and Regulations. We reserve the right to amend the Rules and Regulations as reasonably warranted. Member agrees and understands use of the membership, Just Perform Barbell facilities and services are for their exclusive use only.

DRESS CODE: Just Perform Barbell strives to maintain a safe and comfortable environment for all members. The management and staff may enforce a dress code in all areas of Just Perform Barbell. You agree to abide by such dress code. Clothing that may be perceived as intimidating, offensive, revealing or otherwise present a safety hazard or damage equipment is not allowed. Athletic attire is standard dress for comfortably working out. Closed toed athletic shoes must be worn at all times in the gym unless temporarily removed for equipment use. Working out shirtless is not allowed. Shirts may be removed for photos or videos.

BARCODE ID/MEMBERSHIP CARD: All members upon entering Just Perform Barbell are required to scan card at the main door if the door is locked and at the front desk scanner should the door be open during staffed hours. In the event that a member's membership key tag has been lost, stolen or destroyed, Just Perform Barbell may require an affidavit setting forth the relevant circumstances and payment of a service fee of $5.00 before issuing a replacement card. Service fee shall be subject to change per Just Perform Barbell location. Use of the GymMaster fitness facility App as entrance to Just Perform Barbell is only for the use of the member identified on the membership agreement.

GUESTS: Guests are welcome to visit Just Perform Barbell. Should you wish to bring a guest to visit Just Perform Barbell, please see a staff member for a guest pass or a guest pass may be downloaded from our website at www. justperformbarbell.com. Outside of staffed hours, day passes may be obtained via the App/QR code. All guests must sign in at the reception counter and provide photo identification upon entering Just Perform Barbell. Just Perform Barbell has security cameras for surveillance purposes.

PERSONAL TRAINING: All personal training will be conducted by an owner authorized Just Perform Barbell Personal Trainer. Outside personal training is prohibited. No member or guest is permitted to provide personal training services in Just Perform Barbell.

TANNING WAIVER: Member accepts full responsibility for the inherent dangers associated with the skin tanning process and releases each Just Perform Barbell party and/or legal entities from all liability associated there with including electrical and mechanical malfunction of the equipment

SAUNA WAIVER: Member accepts full responsibility for the inherent dangers associated with using the sauna and releases each Just Perform Barbell party and/or legal entities from all liability associated there with including electrical and mechanical malfunction of the equipment.

FREEZE POLICY: Freezing of membership is allowed once in a 12-month period. There will be a $5.00 per month fee associated with this transaction and freezing period is limited to a maximum of 3 months. Member must provide (1) One Month advance notice prior to freeze taking effect. There will be no fee associated with a freeze for the following reasons if written documentation is provided: medical (with doctor's documented restrictions) and military leave. All of these exceptions require management approval and will not have a fee associated with the freeze if approved, but will require (1) One Month advance notice of normal fees to be frozen.

COMPLIANCE OF RULES AND CONDUCT OF MEMBER: Member agrees to be subject to the oversight and guidance of Just Perform Barbell staff while on the premises and will follow instruction of Just Perform Barbell personnel. Member agrees to conduct himself/herself in a respectful manner while on the premises and reserve all criticism of any major kind about other Just Perform Barbell members, guests, or Just Perform Barbell personnel until in a private office with Just Perform Barbell manager. Member agrees to obey all rules and conditions of membership contained in this agreement and future rules and conditions prescribed by Just Perform Barbell. Just Perform Barbell reserves the right to revoke or terminate the membership if the member fails to keep and obey any such rules and conditions.

SOCIAL MEDIA/MARKETING & PHOTOGRAPHY/VIDEO: There may be times that photography/video is taken while you are in Just Perform Barbell environment and used for commercial or promotional use on Just Perform Barbell's overall brand. Unless otherwise notified in writing to Just Perform Barbell Owners/Staff, the continued use of Just Perform Barbell is express authorization to use photo images/video taken in the Just Perform Barbell environment not including areas which would be restricted to photography such as locker rooms. Just Perform Barbell has the approval to use these images/video in any and all media for promotional purposes with no financial or other remuneration due to you. Photography for professional use and recording of video on the premises is not allowed by any member without the advance written approval of Just Perform Barbell and execution of appropriate release/consent forms. Personal "selfie" photos posted to social media sites are allowed only in the public areas of Just Perform Barbell as long as it is not averse to the brand.