Terms & Conditions
South Park Barbell Club Membership Terms & Conditions
South Park Barbell Club, LLC
Effective Date: August 2026
These Membership Terms & Conditions (“Agreement”) govern memberships offered by South Park Barbell Club, LLC (“SPBC,” “we,” “us,” or “our”).By signing this Agreement, the purchaser (“Member” or “you”) acknowledges that you have received and reviewed a completed copy of this Agreement and agree to these Terms, the SPBC Policies & Procedures, and the separate Liability Waiver and Assumption of Risk Agreement required for participation.
1. Eligibility
Memberships are available to individuals 18 years of age or older unless SPBC expressly offers a program permitting otherwise. By signing this Agreement, you represent that you meet the applicable eligibility requirements.
2. Membership Selected
The Member's specific membership type, price, frequency, and included services are those identified at the time of purchase and incorporated into this Agreement. SPBC may offer memberships that include: group strength training; powerlifting programming; Independent gym access; or other programs or services specifically identified at purchase. Memberships are personal and may not be transferred, shared, or resold.
3. Contract Term
SPBC memberships are month-to-month unless a different term is expressly stated in writing at the time of purchase. There is no minimum commitment for a standard month-to-month membership. The membership automatically renews monthly until canceled in accordance with this Agreement.
4. Group Training Memberships
Group training memberships provide access to the number of classes or sessions per week included in the Member's selected plan. Memberships are structured around weekly attendance, not as banks or packages of individual sessions.
Unused sessions: Do not roll over to future billing periods; Do not accumulate; Have no cash value; May not be transferred; and May not be converted into a class pack or future credit.
The scheduling system may display additional sessions during longer calendar months so Members can maintain their designated weekly attendance. This does not increase the Member's weekly membership frequency. Members may inquire about make-up opportunities for missed classes. Make-ups are not guaranteed and depend on scheduling, capacity, and SPBC approval.
5. Independent Gym Access
Independent gym access provides authorized Members with facility access during designated access hours. Independent access does not include coaching, instruction, personal training, spotting, supervision, or group classes unless separately included in the Member's membership. Members using the facility independently must comply with all access, security, and safety requirements contained in the SPBC Policies & Procedures.
6. Recurring Billing Authorization
Membership fees are billed on a recurring monthly basis. Billing ordinarily occurs on the same calendar day each month based on the initial purchase date, subject to calendar variations and payment processor limitations. By purchasing a recurring membership, the Member authorizes SPBC and its payment processor to charge the payment method associated with the Member's account for: The recurring membership price disclosed and accepted at purchase; and Other charges specifically authorized by the Member or properly due under this Agreement. This authorization continues until the membership is canceled in accordance with this Agreement. Members are responsible for maintaining accurate payment information.
7. Failed & Late Payments
If a payment fails, SPBC may attempt to process the payment again. No late fee is charged solely because the initial payment attempt fails.If an amount remains unpaid for more than seven (7) days, SPBC may apply a late fee equal to 10% of the outstanding balance and may suspend class registration or facility access until the account is brought current. Suspension for nonpayment does not itself cancel the membership or eliminate amounts already owed.
8. Standard Membership Cancellation
In addition to the cancellation rights required by West Virginia law described below, SPBC permits Members to cancel a standard month-to-month membership at any time by providing at least seven (7) days' written notice before the next scheduled billing date. Routine cancellation requests may be submitted: by email to jayne@southparkbarbell.com; or through the ABC Trainerize app, when available.
Verbal requests and social media messages do not constitute valid routine cancellation notice. If SPBC does not receive at least seven days' notice before the next billing date, the next monthly payment may process and the membership will remain active for that billing period. This routine cancellation policy does not limit or replace any cancellation right provided by West Virginia law. When West Virginia law provides a different cancellation procedure or deadline, the legally required procedure and deadline apply.
9. Three-Business-Day Right to Cancel
A Member may cancel this Agreement before the fourth business day after the Agreement is executed by providing written notice of cancellation. For purposes of this statutory cancellation right, notice mailed to SPBC's home office and postmarked no later than midnight of the third business day after execution of the Agreement constitutes timely notice. SPBC will refund all money paid by a purchaser properly exercising this right within seven (7) days of cancellation. For purposes of the West Virginia Health Spas rule, “business day” excludes Sundays and legal federal or state holidays.
10. Closure, Relocation & Failure to Provide Advertised Services
A Member may cancel the Agreement by written notice mailed to SPBC's home office if: SPBC goes out of business and does not provide comparable facilities within ten miles; SPBC moves its facility more than ten miles from the location in which the Member enrolled; or SPBC fails to provide advertised services.For a cancellation under these circumstances, the Member remains responsible for the value of services received and facilities used through the cancellation date. If the Member has paid more than that amount, SPBC will refund the excess amount within twenty (20) days of cancellation. The statutory notice concerning closure or relocation appearing at the beginning of this Agreement must be followed when applicable.
11. Death or Total & Permanent Disability
The Member or the Member's legal representative may cancel this Agreement if the Member dies or becomes totally and permanently disabled after the Agreement takes effect. SPBC may require reasonable proof of death or total and permanent disability. The Member remains responsible for the value of services received and facilities used through the date of death or the date the disability was incurred. When required by West Virginia law, SPBC will provide a prorated refund based on the unused time remaining in the contract term, subject to the limits established by applicable law. The statutory notice appearing at the beginning of this Agreement must be followed when exercising this cancellation right.
12. Refund Policy
Except for refunds required by West Virginia law or other applicable law, membership payments are non-refundable once charged. SPBC does not ordinarily provide refunds, prorated refunds, or credits for: missed classes; unused membership time; partial billing periods; voluntary non-attendance; failure to schedule or attend available classes; vacations or personal scheduling conflicts; or routine cancellation requests submitted too late to prevent the next scheduled billing. This policy does not apply when a refund is required by Sections 9, 10, or 11 of this Agreement or other applicable law. SPBC may voluntarily provide a refund, credit, or accommodation in an individual circumstance without creating an obligation to provide the same accommodation in the future.
13. Extended Absences & Account Adjustments
SPBC does not offer a standard membership freeze or pause program. Members expecting an extended absence of two (2) consecutive weeks or longer may request an account adjustment in advance. Possible adjustments may include a temporary discount, credit, or other accommodation determined by SPBC. Unless otherwise required by law, these adjustments are discretionary and are not guaranteed.
14. Prices & Changes to Membership Services
The Member's recurring membership price is disclosed at the time of purchase. SPBC may change membership structures, schedules, class offerings, instructors, access hours, or other operational aspects of its services. SPBC will provide reasonable advance notice before materially increasing an existing Member's recurring membership price. A Member who does not wish to continue at the new price may cancel before the new price takes effect. Nothing in this section permits SPBC to eliminate or materially fail to provide advertised services in a manner inconsistent with a Member's rights under West Virginia law.
15. Facility Closures
SPBC may temporarily close or restrict facility access because of severe weather, unsafe conditions, maintenance, repairs, utility outages, emergencies, holidays, special events, government requirements, or similar circumstances affecting facility operations. Short-term operational closures do not ordinarily create a right to a refund. This section does not limit a Member's statutory cancellation rights if SPBC goes out of business, relocates as described in this Agreement, or fails to provide advertised services.
16. Member Responsibilities
Members agree to comply with: this Agreement; the SPBC Policies & Procedures; posted facility rules; reasonable safety instructions from SPBC staff; and applicable facility access and security procedures. Members may not share, transfer, sell, or permit another person to use their membership or access credentials.
17. Suspension & Termination by SPBC
SPBC may suspend or terminate a membership for reasons including: nonpayment; violation of this agreement or the SPBC Policies & Procedures; unauthorized facility access or credential sharing; unsafe conduct; harassment, threats, intimidation, discrimination, or serious disruptive behavior; intentional or reckless property damage; or conduct creating a material safety or security concern. When appropriate, SPBC may provide a warning or opportunity to correct a violation. Serious misconduct may result in immediate suspension or termination. Termination does not eliminate payment obligations incurred before termination. Nothing in this section eliminates a refund or other right required by applicable law.
18. Assumption of Risk & Liability Waiver
Physical exercise, strength training, weightlifting, and use of fitness equipment involve inherent risks.All Members must complete SPBC's separate Liability Waiver and Assumption of Risk Agreement before participating in training or independently using the facility. The liability waiver is separate from this membership contract. Nothing in this Agreement is intended to waive a right or liability that cannot legally be waived.
19. Health & Medical Decisions
SPBC provides fitness and exercise services and does not provide medical diagnosis or medical treatment. Members are responsible for determining whether they can safely participate and for obtaining appropriate medical or other licensed professional advice when needed.
20. Personal Property
Members are responsible for personal property brought into the facility. To the fullest extent permitted by law, SPBC is not responsible for lost, stolen, misplaced, or damaged personal property except where liability cannot legally be excluded.
21. Video Surveillance
SPBC uses video surveillance inside and outside the facility for safety, security, access control, incident review, and property protection. Additional surveillance and recording policies are contained in the SPBC Policies & Procedures.
22. Electronic Communications
Members consent to receive membership-related communications electronically, including communications regarding billing, scheduling, facility operations, safety, and changes affecting membership. Members are responsible for keeping their contact information current. This provision does not constitute consent to marketing communications where separate consent is required.
23. Changes to These Terms
SPBC may revise these Terms prospectively when reasonably necessary to reflect changes in services, operations, business practices, or legal requirements. Material changes affecting recurring charges, cancellation rights, or significant membership obligations will be communicated to affected Members before taking effect when required by law. No revision to these Terms will eliminate or restrict a Member's rights under applicable West Virginia law.
24. Relationship to Other SPBC Agreements
This Agreement should be read together with:The SPBC Policies & Procedures; andThe SPBC Liability Waiver and Assumption of Risk Agreement. For billing, cancellation, refunds, and other contractual membership obligations, this Agreement controls over the Policies & Procedures. The Liability Waiver and Assumption of Risk Agreement controls matters specifically addressed by that agreement.
25. Entire Agreement
This written Agreement, together with membership-specific terms expressly incorporated into it, constitutes the entire membership agreement between SPBC and the Member. The SPBC Policies & Procedures and separate Liability Waiver and Assumption of Risk Agreement govern their respective subjects but do not modify the statutory consumer rights contained in this Agreement.
26. Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law.
27. Governing Law
This Agreement is governed by the laws of the State of West Virginia. Nothing in this Agreement limits a consumer protection, cancellation, refund, or other right that cannot legally be waived.
28. SPBC Contact Information
South Park Barbell Club, LLC
Email: jayne@southparkbarbell.com