Adrenaline Fitness Membership Agreement

​Terms and Conditions

This Adrenaline Fitness Membership Agreement ( “Agreement” or “Membership Agreement”) is entered by and between Adrenaline Fitness, LLC, an Oklahoma limited liability company (“Adrenaline”), and the Member, an individual, together with any listed Dependent(s), each an individual, (collectively referred to herein as “Member” or “you”), as first described on page one (1) of this Agreement (Adrenaline and Member may be referred to herein individually as a “Party” and collectively as “Parties”). Except where otherwise specifically stated, capitalized terms used in this Agreement shall have the meanings assigned to them herein or as otherwise defined by the Oklahoma Health Spa Act.

1. ADRENALINE SERVICES.

Adrenaline shall provide to Member the private use of its facilities, equipment, and amenities (the “Services”) pursuant to the terms of this Agreement; provided, however that any commercial use of such Services by Member is prohibited. Services shall be available for Member’s use on Adrenaline’s property, located at 5085 E. 151st Street S, Suite A, Bixby, Oklahoma, 74008 (the “Premises”). Adrenaline may change, remove, or add new Services from time-to-time, without recourse by Member, and any such changes shall be subject to the terms of this Agreement.

2. BUYER'S RIGHT TO CANCEL.

(a) EARLY CANCELLATION. You may cancel this Agreement by submitting in person, or by certified mail, a written notice of your cancellation of this Agreement delivered to Adrenaline at the address noted in Section 2(d) below (the “Notice Method”). The notice must indicate that you do not wish to be bound by the Agreement, and must be delivered or mailed before midnight of the third (3rd) business day after signing the Agreement. Upon receipt of such notice, Adrenaline shall timely refund to Member any monies paid pursuant to this Agreement.

(b) CANCELLATION UPON RELOCATION. You may also cancel this Agreement if Adrenaline moves locations or goes out of business and fails to provide alternative facilities within eight (8) miles of the location designated in this Agreement. Cancellation must be by written notice to Adrenaline, and such cancellation must be pursuant to the Notice Method. If you cancel, Adrenaline may retain or collect a portion of the Agreement monies equal to the proportionate value of the services or use of facilities you have already received. Upon receipt of such notice, Adrenaline shall refund to Member any funds paid or accepted in payment of the Agreement in an amount computed by dividing the Monthly Base Rate by the number of weeks in the Agreement term and multiplying the result by the number of weeks remaining in the term.

(c) CANCELLATION UPON DEATH OR DISABILITY. You may also cancel if you become disabled; and your estate may cancel in the event of your death. You must prove such disability by a doctor's certificate. Adrenaline, at its own expense, may also require that you submit to a physical examination by a doctor agreeable to you and Adrenaline. Cancellation must be by written notice to Adrenaline, and such cancellation must be pursuant to the Notice Method. If you cancel, Adrenaline may retain or collect a portion of the Agreement monies equal to the proportionate value of the services or use of facilities you have already received. Upon receipt of such notice, Adrenaline shall refund to Member any funds paid or accepted in payment of the Agreement in an amount computed by dividing the Monthly Base Rate by the number of weeks in the Agreement term and multiplying the result by the number of weeks remaining in the term.

(d) NOTICE OF CANCELLATION. Any notices made pursuant to this Section 2 must be in writing and delivered in person, or mailed by certified mail to:

Adrenaline Fitness
5085 E. 151st Street S, SuiteA
Bixby, OK 74008

3. FACILITY MAINTENANCE.

Adrenaline’s facilitates may be closed temporarily for a period up to two (2) weeks each calendar year for maintenance and related purposes. Adrenaline reserves the right to add a maintenance or equipment fee of up to, but no greater than, the equivalent of the Monthly Base Rate of this Agreement. If a fee is implemented in the future, reasonable notice of said fee will be given to Member, which shall include the amount due and payment due date. Member authorizes Adrenaline and those Authorized Parties to collect such charge pursuant to the Credit Card Authorization contained herein.

4. DEFAULT; LATE PAYMENTS; PREPAYMENTS.

Member may prepay the entirety of any amounts owed hereunder without penalty. If Member fails to make timely payment within ten (10) business days of a payment’s due date, Member shall be in default of this Agreement. While in default, if Member has not satisfied any late payments after thirty (30) days, this Agreement shall be voidable by Adrenaline, including the option for Adrenaline to terminate Member’s active status and require execution of a new agreement. In the event that Member defaults on any payment obligation hereunder, Adrenaline shall have the right to accelerate any remaining balance due, which shall be due and payable immediately. Additionally, upon such default for late payment, Adrenaline may assess a late fee of five percent (5%) of the total unpaid balance owed by Member. If applicable, any Member payments by check, draft, or order which are returned for any reason will be assessed a returned check fee of twenty-five dollars ($25). Member authorizes Adrenaline and those Authorized Parties to collect any such fees or charged under this Section 4 by charging Member pursuant to the Credit Card Authorization contained herein.

5. RECOVERY BY DEBTOR.

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

6. MEMBERSHIP POLICIES.

Adrenaline may prepare and make available to Member a copy of its then-current membership policies; additional forms and policies for ancillary Services, including but not limited to tanning or sauna usage; and similar related documents, as each may be amended from time to time (collectively, the “Membership Policies”). The Membership Policies and the documents referred to therein are hereby incorporated by reference into this Agreement and made a part hereof; provided, however, to the extent that a policy, practice, or procedure set forth in the Membership Policies is in conflict with any term of this Agreement, this Agreement shall be controlling. Member and any beneficiaries of Member subject to this Agreement are required to adhere to the policies, practices, and procedures set forth in the Membership Policies, including any amendments or modifications thereto. The Parties agree that nothing in the Membership Policies is intended to, nor should be construed to, create any additional implied or express relationship or agreement between the Parties, except as provided for herein, nor to relieve either Party of any of its obligations under this Agreement.

7. ASSIGNMENT.

All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective heirs, executors, administrators, legal representatives, successors, and assigns of the Parties hereto, except that the duties and responsibilities of the Member under this Agreement are of a personal nature and shall not be assignable or delegable in whole or in part. Adrenaline may assign its rights, together with its obligations hereunder, in connection with any sale, transfer or other disposition of all or substantially all of its business and assets, and such rights and obligations shall inure to, and be binding upon, any successor to the business or any successor to substantially all of the assets of Adrenaline, whether by merger, acquisition, or otherwise.

8. SEVERABILITY.

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under Oklahoma law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

9. RELEASE AND WAIVER.

Member acknowledges and understands that use of Adrenaline’s Services and its Premises (the “Activity”) is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. Member also understands the contagious nature of bacterial and viral diseases, including COVID-19 (collectively, a “Disease”) and the risk that Member may be exposed to or contract a Disease by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. Member acknowledges that these risks may result from or be compounded by the actions, omissions, or negligence of Adrenaline employees or others, including negligent emergency response or rescue operations. Member understands that, while Adrenaline has implemented measures to reduce the risk of injury from the Activity and the spread of a Disease, Adrenaline cannot guarantee that Member will not be injured or become infected with a Disease while on the Premises or during participation in the Activity, and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, MEMBER ACKNOWLEDGES THEY ARE VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. MEMBER HEREBY ACCEPTS AND ASSUMES ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ADRENALINE OR OTHERWISE.

Member hereby expressly waives and releases any and all claims, now known or hereafter known, against Adrenaline and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to Member being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of Adrenaline, any Releasees, or otherwise. Member covenants not to make or bring any such claim against Adrenaline or any other Releasee, and forever release and discharge Adrenaline and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Oklahoma law does not permit to be released by agreement.

Member confirms that they are: (a) in good health and proper physical condition and do not have any medical or other conditions that would impair their ability to participate in the Activity; and (b) not experiencing symptoms of a Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), do not have a confirmed or suspected case of a Disease, and have not come in contact in the last seven (7) days with a person who has been confirmed to have or suspected of having a Disease. Member shall comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and a Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. Member shall also follow all instructions, recommendations, and cautions of Adrenaline at all times. If at any time Member believes conditions to be unsafe, that they are no longer in proper physical condition to participate in the Activity, or they begin experiencing symptoms of a Disease, they shall immediately discontinue further participation in the Activity.

Member shall defend, indemnify, and hold harmless Adrenaline and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, related fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by or awarded against Adrenaline or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of Adrenaline.

Member hereby consents to receive medical treatment deemed necessary if injured or requires medical attention during participation in the Activity while on the Premises. Member understands and agrees that they are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Member hereby releases, forever discharges, and holds harmless Adrenaline and all other Releasees from any claim based on such treatment or other medical services.

10. PRIOR AGREEMENTS; AMENDMENTS.

The Parties hereto acknowledge that any prior agreement between them are hereby replaced in their entirety by this Agreement. This Agreement shall be effective, and any prior agreement shall be terminated, upon the execution of this Agreement by Member. Upon such execution, all provisions of any prior agreement are hereby superseded in their entirety and replaced hereby, and shall have no further force or effect. Adrenaline reserves the right to unilaterally amend this Agreement, in its sole discretion, to comply with any applicable law, rule or regulation affecting Adrenaline in effect now or hereafter; at the direction of any governmental or related regulatory agencies having proper authority over Adrenaline; or for any reason deemed necessary by Adrenaline.

11. CHOICE OF LAW.

All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Tulsa, Oklahoma, and the Parties hereby consent to the exclusive jurisdiction of such