Section 1 – Parties to the Agreement
This Membership Agreement (“Agreement”) is entered into by and between The Clubhouse Franklin LLC (“Studio”) and the undersigned individual (“Member”). By signing this Agreement, the Member acknowledges and agrees to the terms and conditions set forth herein.
Section 2 – Membership Basics
This Agreement applies to all current or previously offered membership types, class packages, and single-visit/drop-in classes provided by The Clubhouse Franklin LLC.
Section 3 – Membership Terms
All memberships with The Clubhouse Franklin LLC are subject to a minimum commitment of three (3) consecutive months (“Initial Term”). Upon completion of the Initial Term, the membership shall automatically renew and continue on a month-to-month basis until cancelled by the Member in accordance with this Agreement. Cancellation requires a minimum of thirty (30) days’ prior written notice before the next scheduled billing date. Early termination of a membership during the Initial Term is strictly prohibited unless the Member elects to pay, in full, the total remaining balance due under the Initial Term. All payments made toward memberships, whether during the Initial Term or month-to-month renewal period, are non-refundable, and no credits, rollovers, or reimbursements shall be issued for partial months, unused classes, or failure to attend. The Studio expressly reserves the right to enforce these terms in full to maintain fairness and consistency among all Members.
Section 4 – Authorization for Preauthorized Payments
All memberships are billed on a monthly recurring basis according to the original sign-up date. The billing cycle begins on the day the membership is purchased and recurs on the same date each month thereafter. Payments are processed automatically, and Members are responsible for ensuring that a valid payment method is on file at all times. Missed or declined payments may result in suspension of booking privileges until the account is brought current.
Section 5 – Buyer’s Right to Cancel
YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS:
The Clubhouse Franklin, LLC.
320 Liberty Pike Suite 100
Franklin, TN 37064
WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.
SHOULD YOU (THE BUYER) CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH CLUB CEASES TO CONDUCT BUSINESS.
IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IF THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.
STATE LAW REQUIRES THAT ANY HEALTH CLUB AGREEMENT THAT IS NOT CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB THAT ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES THAT SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE:
(a) Full payment within ninety (90) days after entering into the health club agreement; or
(b) Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.
PLEASE READ THIS CONTRACT CAREFULLY. THIS CONTRACT MAY CONTAIN PAYMENTS INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, ANNUAL FEES, MEMBERSHIP FEES, AND OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, INCLUDING FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS THAT ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD. ALL SUCH PAYMENTS MUST BE DISCLOSED IN THE CONTRACT.
THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, THEN, UNLESS SUCH RENEWAL TERM IS CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).
A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT, PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS’ WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION AFTER A REQUIRED INITIAL TERM OF MORE THAN TWO (2) MONTHS, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH-TO-MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER’S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS’ WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.
ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO TWENTY-FIVE DOLLARS ($25) IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.
Section 6 – Release of Liability and Assumption of Risk
USING THIS STUDIO OWEND BY THE CLUBHOUSE FRANKLIN, LLC INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY THE CLUBHOUSE FRANKLIN, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE THE CLUBHOUSE FRANKLIN, LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF THE CLUBHOUSE FRANKLIN, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING THE CLUBHOUSE FRANKLIN, LLC FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN THE CLUBHOUSE FRANKLIN ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY. DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AN ACKNOWLEDGE THAT THE RELEASEES AND THE CLUBHOUSE FRANKLIN ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT THE CLUBHOUSE FRANKLIN.
Section 7 – Other Terms and Conditions
BEFORE USING THE CLUBHOUSE FRANKLIN’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE CLUBHOUSE FRANKLIN FACILITY AND SHALL INDEMNIFY THE CLUBHOUSE FRANKLIN ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
Section 8 – Customer Service
Any questions about this Agreement or issues with your membership can be directed to any owner or manager at The Clubhouse Franklin at:
The Clubhouse Franklin LLC
320 Liberty Pike, Suite 100
Franklin, TN 37064
615-440-9535
Section 9 – Change in Membership or Billing Information
You must promptly notify The Clubhouse Franklin LLC in writing of any changes in your billing information, address, or telephone number. You expressly permit The Clubhouse Franklin LLC, or its authorized billing company, to obtain such updated information.
Section 10 – Dress Code
We ask that all Members dress in a way that is comfortable, functional, and conservatively appropriate for a shared studio environment. Athletic Attire: Fitted activewear is encouraged for safety and ease of movement. Coverage: Please ensure tops and bottoms provide modest coverage during all exercises. Footwear: Grip socks are required for all classes. Due to health concerns, no bare feet will be permitted in the Studio or on equipment at any time.
Section 11 – Loss of Property
Members and guests are encouraged not to bring valuables onto the premises of The Clubhouse Franklin LLC. The Studio shall not be liable for the disappearance, loss, theft, or damage to personal property, including, without limitation, money, jewelry, negotiable securities, and other items left by Members or their guests.
Section 12 – Late Cancel and No-Show Fees
Member acknowledges and agrees that all class reservations are subject to The Clubhouse Franklin LLC’s cancellation policy. A late cancellation fee of twenty dollars ($20.00) will be automatically charged to the Member’s account for any class reservation that is cancelled less than six (6) hours prior to the scheduled start time. A no-show fee not to exceed twenty-five dollars ($25.00) will be assessed for any reserved class in which the Member fails to attend. In the case of credit-based memberships or class packages, in addition to any applicable fees, one (1) class credit shall be forfeited for each occurrence where the Member either fails to attend a reserved class or cancels such reservation less than six (6) hours prior to the scheduled start time. These provisions shall apply to all current or previously offered memberships, class packages, and single-visit/drop-in classes. The Clubhouse Franklin LLC reserves the right to amend or modify the fees and policies set forth in this section at any time, with reasonable notice provided to Members.
Section 13 – Freezing Membership
Memberships may be frozen once per calendar year for a maximum of sixty (60) days. Requests must be submitted in writing at least fourteen (14) days in advance. Freeze periods cannot be backdated, split into multiple segments, or extended. During the freeze, no classes may be booked or attended, and billing will pause. At the end of the freeze, the membership will automatically resume. If membership is cancelled within the freeze period, the remainder of the contract, if any, must be paid in full at the time of cancellation.
Section 14 – Image Use and Recordings
The Member understands that while on The Clubhouse Franklin LLC’s premises, their image (including live or recorded video images) or that of their minor child may be used or shown on the Studio’s website, print media, digital assets, or social media outlets (Facebook, Instagram, YouTube, etc.). By entering the premises, the Member consents to such use. The Member further acknowledges that The Clubhouse Franklin LLC is under continuous 24/7 video surveillance for security and training purposes, and that audio may be recorded. By signing this Agreement, the Member grants consent to the recording of any conversations while on the premises.
Section 15 – Membership Termination
The Clubhouse Franklin LLC reserves the right to terminate a Member’s membership and access to the Studio for any reason not expressly prohibited by law. In the event of termination, The Clubhouse Franklin LLC will notify the Member in person or by written notice to the address on file and will refund any unused prepaid dues.
Section 16 – Changing the Terms, Rules, and Regulations
The Clubhouse Franklin LLC may, at its sole discretion, change any term in this Agreement, which will become effective upon (a) providing written notice of the proposed change to the Member; and (b) allowing the Member thirty (30) days after receipt of such notice to cancel this Agreement penalty-free or renegotiate the change. If, after a change is announced, the Member pays the next month’s invoice, the Member will be deemed to have accepted the change.
Section 17 – Entire Agreement
Verbal agreements with any employee of The Clubhouse Franklin LLC will not be accepted as valid. Except as expressly provided herein, this Agreement constitutes the entire and exclusive agreement between the Member and The Clubhouse Franklin LLC and supersedes all prior written and/or oral promises, representations, understandings, and/or agreements relating to this membership purchase.
Section 18 – Invalid Provisions
If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall remain valid and enforceable.
Section 19 – Governing Law
The parties agree that any dispute arising out of this Agreement will be brought in courts located in Williamson County, Tennessee.
Section 20 – Attorney’s Fees
In the event of any litigation arising from a breach of this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, and all other related expenses.
Section 21 – Electronic Signatures
The parties agree that this Agreement may be electronically signed, and that such electronic signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, the Member acknowledges and agrees that these actions constitute their electronic acceptance of the Agreement.