MEMBERSHIP POLICY & GENERAL INFO

The Iron Plate Training Ground (Iron Plate, Gym, IP) designed the Membership Policies ("Policies") and the gym rules, including rules listed here and rules posted in the gym ("Rules") to ensure a safer and more enjoyable environment in which to exercise. So, please be thoughtful and observe the Policies and Rules that you, and all members, have agreed to follow. The Iron Plate may, in its sole discretion, modify the Policies and Rules without notice at any time. It's your responsibility to know and follow the most current Policies and Rules. All approved signs posted in the gym or on the premises shall be considered a part of the Policies and Rules of the Iron Plate.  The following Policies and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and the posted gym rules, these Policies and Rules apply.  All memberships are billed an annual maintenance fee and once a year thereafter per membership contract.  All members on the "grandfathered" membership plan may upgrade to the VIP Full Access at any time but downgrading back to the grandfathered plan is not available. Iron Plate does not provide refunds on personal training, supplements, fuel bar, apparel, recovery, memberships or annual maintenance fees.  

• We follow state and local public health mandates and evolve our protocols based on current directives. 
• Please see the gym for the latest guidelines on face masks, vaccinations, social distancing and more.
• Wipe down any fitness equipment before and after your workouts.
• If you have been exposed to or had any symptom of COVID-19 in the past 14 days or if you become ill, please do not come into the gym & expose others. 

You must check in at the front desk on each club visit by using your bar code or bringing in an original government issued photo ID. 

Per the contract you have signed, all month to month members are required to provide a 30 day written notice of cancellation, VERBAL cancellations will not be allowed.  Once it is received (you may email at: ironplateevents@gmail.com)  you will be billed one more month from the date of cancellation but may use the gym until the end of that final billing.  Any member who does not abide by these terms will be responsible for any payments due & will be sent to collections.  If you are an annual member you are responsible for the entire year of membership.  If any member cancels prior to the end of their annual agreement you will be responsible for any payments due.  If payment is not made, it will be sent to collections.  Per contract, the gym has the right to change pricing at any time and will notify all members via email.

Qualification and Notice Requirements: The Iron Plate will only freeze your membership if you are in good standing, you have all annual fees paid, you are current on your monthly dues, you provide at least ten days’ notice for a freeze request to allow IP to process your request, and you qualify for one of the three categories below:  

Medical Disability: You must provide IP with verification from your physician stating your medical disability will prevent you from using gym facilities. The minimum term for a medical freeze is three months and the maximum is six months.  

Active Duty Military Transfer or Extended Volunteer Assignment: You must provide IP with a copy of your transfer, deployment or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly credit card charge will automatically resume at the end of the specified time. If you request a specific freeze term greater than six months, or you do not specify a freeze term, you must contact IP  to reactivate.  

Temporary Employment Transfer: You must provide IP with verification from your employer, on company letterhead, that you are being temporarily transferred. The location of your transfer must be more than 25 miles from the IP location to which you have access. The minimum term for a temporary employment transfer freeze is three months and the maximum freeze is six months.  

Extended Freeze: As a courtesy to our members, IP may approve or deny your request for an extended freeze for reasons other than those listed above. The maximum length of an extended freeze is 12 months. If IP does not receive notification to reactivate or further extend your freeze within 12 months, your membership agreement will be terminated.  

Dues During Freeze: No further dues will be collected during your approved freeze and your right to access gym facilities during the freeze will be suspended. Notwithstanding the foregoing, you will still be required to pay an Annual Fee (plus applicable taxes), as provided in your membership agreement, during your approved freeze so long as your membership is in effect. In the event your membership is prepaid, the term of the prepaid membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than 6 months or unspecified, your membership will be reactivated and your monthly credit card charge will automatically resume at the end of your freeze period.  

Freeze Request Decisions: If your request does not conform to this Membership Freeze Policy, you will be notified that your request has been denied and your membership shall remain active unless cancelled.

If you desire to engage in a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR PAYMENT SERVICE THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.  Iron Plate reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or service available through the Online Services (each, a “Product”); to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. We make no representations as to the accuracy, validity, timeliness, completeness or reliability of listings, descriptions or images of Products (including any features, specifications and prices contained therein), and such information and the availability of any Product (including the validity of any price, coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your device, software and settings, and we cannot guarantee that your device will accurately display such colors.  Without limiting the foregoing, The Iron Plate reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If an order is cancelled after you have been charged, The Iron Plate will issue a credit to your credit card account or bank account (for debit card transactions) in the amount of the charge (see your individual bank’s policies as to when this amount will be credited to your account). Refunds and exchanges will be subject to Iron Plate's applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Online Services, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.  If applicable, Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions made available through the Online Services. All Transactions with respect to physical Products are made pursuant to a shipment contract and, as a result, risk of loss and title for such Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.  The Iron Plate will not be responsible for any shipments.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless The Iron Plate Training Ground, it's staff and owners from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Online Services (including Your Submissions); or (b) any violation or alleged violation of these Terms of Use by you. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING INDEMNIFICATION PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF TEXAS AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.

These Terms of Use, your use of the Online Services, all transactions through the Online Services and any claims arising out of or relating to the Online Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of the United States (including the Federal Arbitration Act) and the State of Texas.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) THE IRON PLATE AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

MISCELLANEOUS

These Terms of Use constitutes the entire agreement between The Iron Plate and you with respect to the Online Services and supersedes all prior or contemporaneous communications and proposals between us with respect to the Online Services. For clarity, nothing in these Terms of Use amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with The Iron Plate. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Section titles in these Terms of Use are for convenience and do not define, limit or extend any provision of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Iron Plate. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Iron Plate will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.