Membership Terms & Conditions
Willow Bend Fitness Club
2500 Dallas Pkwy Ste 111
Plano, TX 75093
SUMMARY OF MEMBERSHIP POLICIES & AGREEMENT
Texas Registration #20200006
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide the MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to personal training or other professional services rendered by a club employee or contractor. No such charges will be incurred without MEMBER’s consent.
2. CHECK-IN: Members are required to check in every time they attend the gym. The check-in area is located on the wall near the double glass doors once you have walked through the lobby. There are 2 ways to check-in:
-Keypad: Members can enter a personal 4 digit code followed by the pound sign. This code will be the last 4 digits of the phone number associated with their account.
-App: Members can download the Willow Bend Fitness Club App and present it to the scanner on the wall by the double doors. Willow Bend Fitness Club App.
-Note: The double doors are not always locked/closed. Learfield employees will still be required to access the keypad for tracking purposes.
3. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend or revoke the MEMBER’s right to use the facility.
4. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
5. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. PLEASE do not wear blue jeans or any pants/shorts that have blue jean-type seams or rivets. Flip-flops or bare feet are not allowed on the CLUB floor.
6. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault, or harass other CLUB MEMBERs, guests, contractors, or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.
7. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids, and no such activity is allowed on CLUB premises.
8. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement. Cancellations MUST BE PROVIDED IN WRITING, IN PERSON OR THROUGH A PHONE CALL AND COMPLY WITH THE PROVISIONS OF SECTION 17. OF THIS SUMMARY. MEMBERSHIP FEES WILL CONTINUE TO BE BILLED AND DUE UNTIL SUCH COMPLIANCE.
9. MEMBER allows CLUB and its employees and agents the right to photograph, record, and/or otherwise reproduce MEMBER’s likeness, name and/or voice in, and in connection with, the exhibition, display, or other reproduction of any photograph, motion picture, video recording, audio recording or similar reproduction in which it may be used and/or incorporated. The CLUB may use the photograph, motion picture, audio recording, video recording, or other reproduction for advertising, the internet, or other purposes. SHOULD MEMBERS OBJECT TO ANY USAGE, THE CLUB WILL MAKE EVERY ATTEMPT TO REMOVE OR REPLACE SUCH IMAGERY WHEN POSSIBLE AFTER SUCH NOTIFICATION.
10. The MEMBER should attempt to resolve with the CLUB any complaint the MEMBER may have against the CLUB. FAILURE TO NOTIFY THE CLUB IN WRITING OF A NOTICE TO ATTEMPT AMICABLE SETTLEMENT IS A MATERIAL BREACH OF SUCH AGREEMENT FOR WHICH ANY AND ALL SUBSEQUENT FEES, JUDGEMENTS, OR COSTS INCURRED BY OR RENDERED AGAINST THE CLUB WOULD BE OWED BY AND REIMBURSED BY MEMBER. Should this Agreement need to be enforced by an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting therefrom, including a reasonable amount as attorney’s fees. Any dispute shall be subject to the laws of Texas and the venue shall be Dallas County.
11. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
12. MEMBER authorizes the CLUB, and their authorized designees to contact them by email, telephone, or by other means. Subject to applicable law, MEMBER agrees that Mindbody, Inc. may contact MEMBER at any mailing address, phone number, or e-mail address set forth on the face of this agreement, or any other address subsequently provided to or obtained by, Mindbody, Inc.
13. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the CLUB from time to time and all MEMBERS shall be subject to strict compliance therewith.
14. This facility is under 24-hour recorded video surveillance, which may be retained by the CLUB for subsequent review, and MEMBER access usage is logged.
• MEMBER may not bring in guests at any time without the completion of a guest form. MEMBER may not allow anyone else to use their access code and must alert the CLUB immediately if they have reason to believe anyone else may have it. Violating this policy may result in suspension or revocation of the MEMBER’s right to use the facility.
• MEMBERS who do not have or forget their access code may be denied entry into the facility during non-staffed hours. MEMBERS may send an email to info@willowbendfitnessclub.com to get their access code and may call or text anyone inside the facility that the member knows to grant access. No MEMBER should allow anyone access unless such MEMBER is certain the individual requesting access is known to them and known to be a MEMBER.
15. Personal training services provided in this facility may be provided either by independent contractors of the CLUB or by independent contractors operating their own business who are granted use by the CLUB. All payments for personal training services to internal independent contractors of the CLUB are to be made to the CLUB, who will pay the trainers as the services are provided.
16. We ask that you refrain from talking on cell phones in the weight and cardio areas of the club and if necessary that you be respectful of the volume to those around you. Photography and/or videography anywhere in the CLUB is only allowed with the expressed prior written consent of the managers or owners of the CLUB.
17. CANCELLATION AND REFUND NOTICE
(1) “NOTICE TO PURCHASER: DO NOT SIGN THIS MEMBERSHIP AGREEMENT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.”
(2) “IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS AGREEMENT BY:
EMAIL TO SUPPORT@WILLOWBENDFITNESSCLUB.COM
ONLINE FORM FILL OUT A “CONTACT US” FORM: https://willowbendfitnessclub.com/contact-us/
CALL OR TEXT 972.244.3152
(3) “IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY EMAIL TO SUPPORT@WILLOWBENDFITNESSCLUB.COM ONLINE FORM https://willowbendfitnessclub.com/contact-us/ FILL OUT A “CONTACT US” FORM, CALL OR TEXT 972.244.3152
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.”
(4) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS AGREEMENT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS AGREEMENT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS AGREEMENT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: (2500 Dallas Parkway #111 – Plano, TX 75093) OR EMAIL YOUR CANCELATION TO Support@WILLOWBENDFITNESSCLUB.COM.
18. The CLUB urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. All exercises inside and outside of the CLUB’s premises, including the use of free weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the MEMBER’s sole risk. MEMBER understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be member’s entire responsibility, and the CLUB shall not be liable to a MEMBER for any claims, demands, injuries, damages, or actions arising due to injury to MEMBER’s person or property arising out of or in connection with the use by a MEMBER of the services, facilities, and premises of the CLUB. MEMBER hereby holds the CLUB, its officers, owners, agents, and employees harmless from all claims which may be brought against them by a member or on member’s behalf for any such injuries or claims. FURTHER, I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of CLUB staff on the premises. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Willow Bend Fitness Club, AND THE OWNERS OF THE CLUBS, as well as all advertisers, agents, and employees of the club WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS, OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment or the facilities of the CLUB, or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives, and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while being present at the facility and or participating in activity while working out, doing Muscle Activation Techniques, Personal Training & Wellness Consulting (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Willow Bend Fitness Club, located at 2500 Dallas Pkwy, Plano, Texas 75093-4876, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Willow Bend Fitness Club and it’s parent company Muscle Activation Fitness, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Willow Bend Fitness Club incurs any of these types of expenses, I agree to reimburse Willow Bend Fitness Club.
I acknowledge that Willow Bend Fitness Club and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Willow Bend Fitness Club.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Willow Bend Fitness Club AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Willow Bend Fitness Club FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Willow Bend Fitness Club, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and Willow Bend Fitness Club agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
In the event of an emergency, please contact 911 and my Emergency Contact in my client profile.
I, the undersigned participant, affirm that I am of the age of 18 years or older or my consenting adult and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
Membership Cancelation Policy
Membership cancellations can be processed in-person, over the phone or email. The membership is canceled the day of cancellation and the account will have no further charges.
Appointment Cancellation Policy
Willow Bend Fitness Club asks that you please respect our time. We ask that all appointment cancellations be received at least 24 hours before your scheduled appointment in order to avoid being charged for your scheduled services. Clients who do not cancel with 24 hours notice will be charged for the scheduled services. We understand emergencies happen. Management is happy to discuss any questions about this policy. If you need to cancel or reschedule an appointment please properly contact the service provider with whom you have scheduled the appointment.
support@willowbendfitnessclub.com
Contact Us
972.244.3152
TERMS AND CONDITIONS OF USE
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE AND OUR IN-CLUB PRIVACY POLICY, BEFORE USING ANY WEBSITE, MOBILE APP, BLOG, ONLINE SERVICE, TEXT MESSAGING SERVICE (INCLUDING THE SMS PROGRAM), SOCIAL MEDIA WEBSITE OR APP CONTROLLED BY THE COMPANY (collectively, the “Services”) (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES AND APPS). BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES
MUSCLE ACTIVATION FITNESS, LLC (“we,” “us,” “our,” or the “Company”) OWNS AND OPERATES THE SERVICES. WE RESERVE THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. THE COMPANY OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; THE COMPANY MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
THESE TERMS AND CONDITIONS OF USE INCLUDE AN ARBITRATION AGREEMENT, A LIMITATION OF LIABILITY, TEXT MESSAGING TERMS, AND OTHER IMPORTANT TERMS.
Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of the Company or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without our prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third-party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
Additional User Conduct Guidelines
The Company requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from us, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
The Company reserves the right to remove any content that it believes, in its sole discretion, is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Disclaimers
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER THE COMPANY, NOR ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES THE COMPANY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. WE MAY CHANGE OR DISCONTINUE ANY OR ALL OF THE SERVICES AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD-PARTY INFORMATION PROVIDER, SERVICE PROVIDER, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
Text Messaging
We offer a recurring SMS text messaging program (the “SMS Program”). By submitting your mobile phone number and opting in to receive text messages (e.g., by clicking a button or initialing when enrolling), you are consenting to receive text messages from us, including by automated means, for both non-marketing purposes related to service updates, your account, and membership (e.g., if your EFT/CC billing has declined), as well as for advertising and marketing purposes, including to receive a link to our mobile app allowing you to check-in to clubs and access services purchased, links to guest passes for friends and family, and information about promotions and special events offered by us and our business partners (any such text messages, “Texts”).
When you consent to receive Texts when entering into an agreement with us for services (e.g., a membership agreement), your use of the SMS Program is subject to the terms of that agreement, which terms include, without limitation, an agreement to arbitrate. By consenting to receive Texts, you also accept, and agree to be bound by, these Terms and Conditions of Use and our In-Club Privacy Policy, as applicable.
Your consent to receive Texts is not a required condition of purchasing our services. You may also opt-out of receiving Texts at any time by replying to a Text with the words STOP, UNSUBSCRIBE, or OPT OUT. For support, reply to a Text with the word HELP. Message and data rates may apply, depending on your text plan and carrier. Consult your wireless service provider for information about your pricing plan.
If we collect any information in connection with the SMS Program, that will be disclosed and used in accordance with our In-Club Privacy Policy, as applicable.
This Applies to Apps, Too
All of these Terms and Conditions of Use apply to our apps, too. Use of our apps is also at your own risk. They are provided as a service to our members and guests without charge, and we disclaim any and all responsibility for them. We do not screen our users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. We do not provide contact details to other members through any of our apps and instead route all messages through us. If at any time you wish to stop receiving messages from another member through one of our apps, you can just “block” them. You can also report threats, abuse or any other inappropriate conduct by contacting support@willowbendfitnessclub.com
Arbitration
IF FOR ANY REASON YOU ARE NOT BOUND BY AN AGREEMENT TO ARBITRATE SET FORTH IN A WRITTEN AGREEMENT WITH US (E.G., IN A MEMBERSHIP AGREEMENT), THEN, IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, YOU CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR CLUB RATHER THAN LITIGATE THE DISPUTE IN COURT (OR, IF YOU ARE NOT A MEMBER, AT A LOCATION REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES, OR AT A LOCATION DETERMINED BY THE ARBITRATOR IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION). YOU ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND THE COMPANY. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING, BY MAIL TO US AT CHIEF PRIVACY OFFICER, 2500 DALLAS PKWY, SUITE 111 PLANO, TX 75093-4876 WITHIN 30 DAYS OF THE DATE YOU FIRST USE ANY OF THE SERVICES, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH THE COMPANY BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF THE COMPANY IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THIS ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THIS ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.
Indemnification
The User agrees to indemnify, defend and hold harmless, the Company, its parents, affiliates, employees, agents, third-party information providers, service providers, licensors and the like and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use by the User. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with us in asserting any available defenses.
Indemnification
The Services may contain links to other Internet sites, resources and/or sponsors of the Services. We do not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites or resources. Providing links to outside sites does not constitute our approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites or resources after utilizing them.
In order to identify third-party sites or resources, the Services may make use of third-party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between us and the third party or by usage guidelines and policies set forth by the third party.
Opt Out of Receiving Further Web Based Marketing
You can choose to be removed from our web-generated marketing lists at any time. Each unsolicited commercial email includes instructions for opting out of further e-mail marketing communications. In addition, you can opt out of our marketing e-mail or print mail by sending an e-mail with “remove” in the subject line to support@willowbendfitnessclub.com. To opt out by mail, please send your name, company, e-mail address and physical mailing address with “remove” in the subject line to Chief Privacy Officer, 2500 Dallas Pkwy, Suite 111 Plano, TX 75093-4876.
Changes to the Terms and Conditions of Use or Privacy Policies
If there are updates to the terms of our In-Club Privacy Policy or these Terms and Conditions of Use, we will post those changes and update the revision date on the applicable document so Users will always know what information we collect online, how we use it, and what choices the User has. We will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.
Other
These Terms and Conditions of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Texas for any disputes arising from or related to the Services or these Terms and Conditions of Use. These Terms and Conditions of Use are not intended to alter the terms or conditions of any other agreement you may have with the Company or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms and Conditions of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions of Use may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions of Use may only be altered by (a) prior written mutual agreement between us and a User; or (b) the Company posting revisions to these Terms and Conditions of Use. Failure by the Company to object to a User’s behavior, conduct or action does not constitute a consent, ratification or waiver of objection. If you have signed an agreement with us (e.g., a membership agreement), and if there is a conflict between these Terms and Conditions of Use and that agreement, then the terms and conditions of the membership agreement shall control.
Questions
If you have any questions or concerns about our Terms and Conditions of Use, please write to us at:
2500 Dallas Pkwy, Suite 111
Plano, TX 75093-4876
These Terms and Conditions of Use were last updated on March 1st 2022
Privacy Policy
IN CLUB PRIVACY POLICY
BY USING THE COMPANY’S HEALTH AND FITNESS CLUBS, YOU AGREE TO BE BOUND BY THIS IN-CLUB PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS IN-CLUB PRIVACY POLICY, DO NOT USE OUR CLUBS OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.
Muscle Activation Fitness, LLC and its subsidiaries and affiliates, and their respective stockholders, directors, officers, employees, agents, successors, and assigns (collectively, “we,” “us,” “our,” or the “Company”) is very sensitive to the privacy concerns of the visitors to its facilities. This In-Club Privacy Policy (this “Privacy Policy”) outlines the types of Personal Information that you may provide to us if you visit our clubs and explains how the Company handles such Personal Information. This Privacy Policy does not apply to Personal Information collected from you online through any website or mobile app (individually and collectively, “Website”) controlled by the Company. Your use of our clubs is subject to this Privacy Policy, the rules set forth in any membership or other services agreement you sign with us, and any rules that are posted in our clubs
Definition of “Personal Information”
“Personal Information” means information that can be linked to a visitor, identifies any visitor, or could reasonably be used to identify such visitor that is, in each case, submitted to or collected by the Company when you visit any of our clubs and that is maintained by the Company in an accessible form, and it includes information actively submitted by you, as well as information submitted by other members and guests via referrals or in connection with the purchase of a multi-person membership, as described below.
Collection of Personal Information in Clubs
Identifiers such as first and last name, home or other physical address, telephone number, email address, and signature are known to the Company only when voluntarily submitted, for example when enrolling as a member, checking-in as a guest, or purchasing other services from the Company, or via referrals from other members or guests or in connection with the purchase of a multi-person membership that includes you as a member. Likewise, if you become a member, you may be asked for your photograph, if you visit as a guest, you may be asked for identifiers like a driver’s license number and, if you choose to participate in a fitness assessment, a free class or the like, you may be asked to provide identifiers relating to your fitness level, such as your age, height, and weight. Similarly, financial information, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available at a club. Certain commercial information, such as products or services purchased, considered, or used, is also collected by the Company. Such identifiers, financial information, and commercial information is collected for the purposes of transacting a sale and supporting a consumer’s use of our facilities, products, and services (for example, health club membership and access). Such information may also be used to evaluate and improve our customers’ experience, analyze trends, administer our facilities, review the number of visitors to our clubs, and track members’ and guests’ use of our facilities.
Use of Personal Information
In addition to any other uses set forth herein, Personal Information may be used: (1) to help the Company better understand visitors’ use of our clubs; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons, and new product offerings; and (4) to protect the security or integrity of our facilities. The Company may also use Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company’s products or services, to invite you to participate in surveys about our products, to notify you about special promotions, and for purposes of data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving, or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
Consolidation of Personal Information
The Company may consolidate and anonymize the Personal Information of individuals who visit our facilities. The Company may use such information to help us better design our clubs and our products, to communicate information to you, to enhance our marketing and research activities, to facilitate other business functions, and for the other purposes set forth in this Privacy Policy.
Limitations on Collection of Personal Information
You may always limit the amount and type of actively transmitted Personal Information that the Company receives about you by choosing not to provide any Personal Information. However, some services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other information is required to purchase a membership.
Transmission of Personal Information to Third Parties
Unless otherwise disclosed, Personal Information will not be transferred or otherwise disclosed to anyone other than authorized recipients, such as service providers or vendors that are reasonably needed to provide our various services and features (e.g., payment processors). However, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company’s sole discretion.
Additionally, if the Company sells one or more of its product lines, divisions, or assets, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Similarly, if the Company purchases a product line or division or other assets from a third party, Personal Information may be transferred from the seller to us so that we may continue to provide you with information and services.
Personal Information may also be shared by the Company with its affiliates and its and their respective franchisees and with vendors that help access and manage the information (all of the foregoing collectively, “authorized recipients”) but, in all instances, the information will be used only for the purposes set forth in this policy.
Finally, if you are accessing our facilities in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits, or other incentives based on your use of the Company’s services (including a right to access to our clubs that is available through an employer, health insurer, or other group, a “Third-Party Offer”), the Company may share your Personal Information (including identifiers such as a unique personal identifier and commercial information, such as your use of such services or the number of times you visit a club each month) with the applicable third party in accordance with the terms of such Third-Party Offer but solely for the business purpose of facilitating the provision of such discounts, rewards, reimbursements, benefits, or other incentives to you under Third-Party Offer. You may always request that we stop sharing such information. However, in that case, you may not be eligible to access our facilities or obtain any such rewards, reimbursements, benefits, or other incentives.
Security of Personal Information
We seek to use industry standard physical, technical, contractual and administrative security measures designed to protect your Personal Information. However, no safeguards are 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us.
Personal Information Related to Children: A Note for Parents or Legal Guardians
The Company is committed to protecting children’s privacy. While the Company may allow minors to use its clubs, it limits the amount of information it collects about such individuals to identifiers and commercial information as described above, and it does not sell any such information. Notwithstanding the foregoing, the Company does not intend to, or knowingly, collect any Personal Information of children under the age of 13, except in the limited cases where a parent or guardian purchases Kids Klub (babysitting) services for a minor under the age of 13 and provides, on behalf of such minor, certain identifiers such as the child’s name. If the Company becomes aware of a child under the age of 13 providing Personal Information directly, it will attempt to delete that information. If your child under the age of 13 has provided Personal Information to us, please contact us so it can be deleted.
Acceptance of Privacy Terms and Conditions
Your access to and use of the Company’s facilities is subject to this Privacy Policy, the rules set forth in any membership or other services agreement that you sign with us, any rules that are posted in our clubs, and all applicable laws. By accessing and using our facilities, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If the Company changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in the new Privacy Policy. You are bound by any such revisions and should therefore periodically review the then-current privacy terms and conditions to which you are bound. If you have questions about the use, amendment, or deletion of Personal Information that you have provided to the Company, or if you would like to opt out of future communications from a Company business or a particular program, please contact us by clicking on the “Contact” link on our Website or by writing to us at:
support@willowbendfitnessclub.com
Willow Bend Fitness Club
2500 Dallas Pkwy
Suite 111
Plano, TX 75093-4876
In all communications to the Company, please include the e-mail address you have previously provided to us (if applicable), the website address or the specific program to which you provided Personal Information, and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by email, please put “Deletion Request” or “Amendment Request,” as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner, in accordance with applicable law.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact via our Contact Us link.
Thank You for Visiting the Website.