Terms and Conditions

3 or 6 full billing cycles (“Initial Term”). Thereafter, auto-renewing monthly billing cycles.

$ 20 (3-month) $40 (6-month)

Billing cycles are processed monthly and electronically and due on the first (1st) of each calendar month.
Aspire Health and Wellness’s Third-Party Billing Service Provider (“BSP”) Virtugym
PLEASE READ THESE TERMS OF THIS MEMBERSHIP AGREEMENT CAREFULLY AND IN FULL. THIS AGREEMENT CONTAINS CERTAIN CONDITIONS AND RESTRICTIONS ON THE USE OF THE MEMBERSHIP SERVICES, AUTOMATIC MEMBERSHIP RENEWAL, AS WELL AS INFORMATION ON WHAT HAPPENS AFTER THE INITIAL TERM COMES TO AN END. THE MEMBERSHIP AGREEMENT AUTO-RENEWS ON A MONTH-TO-MONTH BASIS AND MEMBER WILL CONTINUE TO BE CHARGED THE RECURRING MEMBERSHIP DUES AS DISCLOSED HEREIN, AND AS AMENDED FROM TIME-TO-TIME, UNTIL MEMBER CANCELS THEIR MEMBERSHIP. ASPIRE HEALTH AND WELLNESS MEMBERSHIP PURCHASE (Also referred to as “AHW”) Aspire Health and Wellness 36 W. Park Lane Waterloo, IA 50701 AHW is independently owned and operated. MEMBERSHIP AGREEMENT DEFINITIONS: Member is purchasing 1 (one) or more of the following memberships and applicable services: Heated Work Out Room Membership ● All heated workout classes and sessions must be scheduled in advance through the wellness center’s approved booking system. ● Walk-ins may not be guaranteed access due to limited class sizes and equipment availability. ● Unlimited access to heated, virtual workouts via appointment booking ● Mobile app access to features, which include: o o 24/7 Appointment Booking Access Calories Burned Tracking Red Light Therapy Bed ● All Red Light Therapy Bed sessions must be scheduled in advance through the wellness center’s approved booking system. ● Walk-ins may not be guaranteed access due to limited class sizes and equipment availability. ● Red Light Therapy Bed services may only be used once every 24 hours per service type unless otherwise approved by management. ● Mobile app access to features, which include: o o Halo Sauna 24/7 Appointment Booking Access Calories Burned Tracking ● All Halo Sauna sessions must be scheduled in advance through the wellness center’s approved booking system. ● Walk-ins may not be guaranteed access due to limited class sizes and equipment availability. ● Halo Sauna services may only be used once every 24 hours per service type unless otherwise approved by management. ● Mobile app access to features, which include: o o 24/7 Appointment Booking Access Calories Burned Tracking Traditional Sauna or Infrared Sauna/Cold Plunge ● All Traditional Sauna or Infrared Sauna/Cold Plunge services must be scheduled in advance through the wellness center’s approved booking system. ● Walk-ins may not be guaranteed access due to limited class sizes and equipment availability. ● Traditional Sauna or Infrared Sauna/Cold Plunge services may only be used once every 24 hours per service type unless otherwise approved by management. ● Mobile app access to features, which include: o o 24/7 Appointment Booking Access Calories Burned Tracking Pre Sale 6-Month Membership Terms & Conditions Effective Promotional Period: These promotional membership terms apply only to memberships purchased between June 10, 2026 and July 10, 2026. Membership Commitment By enrolling in this promotional membership, the member agrees to a minimum six (6) month commitment period beginning on the membership start date. During the initial 6-month term: ● Membership dues will be charged automatically according to the selected membership plan. ● Memberships may not be canceled early except where required by applicable law. ● If a member chooses to cancel before completing the 6-month commitment period, a $100 early cancellation fee will be charged in addition to any outstanding membership balances. Lifetime Membership Pricing Members who maintain their membership through the full 6-month commitment period will retain their promotional membership pricing for the lifetime of their active membership. “Lifetime pricing” means: ● The member’s monthly membership rate will not increase as long as the membership remains active and in good standing. ● If the membership is canceled after the 6-month commitment period, the promotional pricing is forfeited and may not be reinstated. Standard 3-Month Membership Terms & Conditions Membership Commitment By enrolling in this membership, the member agrees to a minimum three (3) month commitment period beginning on the membership start date. During the initial 3-month term: ● Membership dues will be charged automatically according to the selected membership plan. ● If a member chooses to cancel before completing the 3-month commitment period, a $200 early cancellation fee will be charged in addition to any outstanding membership balances. Automatic Renewal At the conclusion of the initial 3-month commitment period: ● The membership will automatically continue on a month-to-month basis unless canceled by the member. ● Membership dues will continue to be charged automatically using the payment method on file. Drop-In Wellness Session Terms & Conditions Eligible Services Drop-in sessions apply only to the following wellness services: ● Red Light Therapy ● Traditional/Infrared Sauna & Cold Plunge ● Halo Sauna ● Destress Room ● Workout Room Drop-in sessions do not apply to or include: ● Emsella ● StemWave ● Any other services unless specifically approved by management One Session Per Day Policy Clients may purchase and use only one (1) drop-in session per calendar day. Drop-in sessions are intended for a single service session only and: ● May not be combined or stacked in the same day ● May not be used to access multiple services in one day ● Clients may not purchase multiple drop-ins on the same day to use additional services Management reserves the right to refuse service or revoke access for misuse of drop-in privileges. Service Usage Policy Drop-in services may only be used once every 24 hours per service type unless otherwise approved by management. Wellness Session Package Terms & Conditions Eligible Services These session package terms apply only to the following wellness services: ● Red Light Therapy ● Traditional/Infrared Sauna & Cold Plunge ● Halo Sauna These session packages do not apply to or include: ● Emsella ● StemWave ● Any other services unless specifically stated in writing Session Package Expiration All session packages must be used within the designated timeframe from the original purchase date: ● 10-Session Packages: Must be used within 90 days of purchase ● 20-Session Packages: Must be used within 180 days of purchase Any unused sessions remaining after the expiration date will automatically expire and be forfeited. Service Usage Policy Services included in session packages may only be used once every 24 hours per service type unless otherwise approved by management. Relaxation Room Terms & Conditions Eligible Services Relaxation Room sessions apply to both: ● 30-Minute Sessions ● 60-Minute Sessions Relaxation Room services may include: ● Massage Chair Use ● Red Light Therapy Face Mask Additional amenities may be included at the wellness center’s discretion. Session Usage Policy Relaxation Room sessions may only be used once every 24 hours unless otherwise approved by management. Sessions are valid only for the reserved appointment time and may not be extended without approval and additional payment. Appointment & Cancellation Policy Appointments may be required for certain services. The wellness center reserves the right to charge a cancellation or no-show fee for missed appointments or late cancellations. Changes to Services The wellness center reserves the right to modify operating hours, equipment, amenities, pricing, or available services at any time without affecting the validity of purchased session packages. PRESALE ACKNOWLEDGEMENT, 3-DAY RIGHT TO CANCEL & ACKNOWLEDGEMENTS PRESALE ACKNOWLEDGEMENT (Applies to memberships purchased before AHW opens for operations and those memberships purchased while AHW is offering special presale rates.) 1. Member acknowledges that I am enrolling in a membership, which may include special pricing and/or enrollment discounts. Presale discounts are only available to eligible, first-time members of any AHW wellness center. If a membership becomes delinquent and is terminated due to non-payment, if the membership is cancelled by the Member, or membership is revoked for any reason, all presale discounts will be forfeited. Member may only take advantage of a pre-sale discount on a one-time basis and is not eligible for a presale discount at any other AHW wellness center. 2. Member understands that there is no guaranteed opening date for the AHW. Membership billing for the Initial Term will begin on the first (1st) day of the month after official approval and opening. I acknowledge that delays may occur due to factors like construction, weather, or non-conformity with AHW requirements. I also understand that I cannot access my membership, or its benefits until the specified AHW Wellness Center is open and I have completed my New Member Orientation. 3-DAY RIGHT TO CANCEL MEMBER MAY CANCEL THIS AGREEMENT IN PERSON DURING STAFFED HOURS BEFORE MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THIS AGREEMENT WAS EXECUTED. THE CANCELLATION MUST INCLUDE A SIGNATURE OF THE MEMBER OR THE MEMBER’S AUTHORIZED LEGAL REPRESENTATIVE. WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THE CANCELLATION, THE WELLNESS CENTER SHALL RETURN ANY PAYMENTS MADE FOR SERVICES NOT RENDERED DURING THE INITIAL THREE (3) DAYS. IF YOU USE THE WELLNESS CENTER FACILITIES OR SERVICES DURING THIS TIME PERIOD, THE WELLNESS CENTER MAY CHARGE YOU A REASONABLE FEE BASED ON DAYS OF ACTUAL USE. CHANGES TO SERVICES The wellness center reserves the right to modify operating hours, equipment, amenities, pricing, or available services at any time without affecting the validity of purchased session packages. LOCAL, STATE, FEDERAL TAX NOTICES Member understands that applicable local, state, and federal taxes may apply to my Membership Dues. I agree to pay any and all such taxes, as may be amended from time to time. I understand that applicable taxes may be added to monthly billing Membership Dues, Initial Enrollment Fees, fees, and prorated Membership Dues as provided herein, in accordance with legal requirements for AHW to collect these amounts. AUTO-RENEWAL TERMS & CONDITIONS, CONSENT TO MEMBERSHIP TERM INITIAL TERM Member’s Initial Term will commence on the first (1st) day of the month following the Effective Date of this Agreement. For the Initial Term, Member will be billed the rate of the Membership Dues on a month-to-month basis, processed on the first (1st) day of every month, unless the membership is cancelled. Where Member purchases a membership after the first day (1st) day of the month, Member will pay a prorated amount of Membership Dues based on the number of days remaining in the month. Member’s payment of prorated Membership Dues does not count towards satisfaction of the Initial Term. AUTO-RENEWAL DETAILS Following the Initial Term-required six (3-6) billing cycles, this membership agreement will renew automatically on a month-to-month basis, charging Member at the rate of the Membership Dues, unless the membership is cancelled. In the event that Member wishes to upgrade or downgrade their membership to a different membership option, they may do so in person at the AHW during staffed hours. After upgrading or downgrading, Member will be billed the new applicable membership rate at the next billing cycle. AUTO-RENEWAL CANCELLATION The auto-renew membership may be canceled at any time. If Member cancels its membership before the end of the Initial Term, Member will be liable for an early cancellation fee applicable to the service type selected (see above). Member’s signature, signature of Member’s authorized legal representative, or similar authentication will be required for an early cancellation. Any outstanding balances on Member’s account must be paid in full at the time of cancellation. Once an early cancellation is processed, wellness center access will be suspended, and all membership benefits will cease. If a canceled member elects to rejoin the Wellness Center, enrollment fees shall apply, and new agreement terms and pricing will apply anew. Upon cancellation, any discounts associated with this membership agreement will be forfeited. After the Initial Term, Member may cancel at any time, without any fee, in advance of the next billing cycle to avoid Membership Dues for that following month. Member’s signature, signature of the Member’s authorized legal representative, or similar authentication will be required for cancellation. Any outstanding balances on Member’s account must be paid in full at the time of cancellation. Any services paid for with the then-current Membership Dues will remain usable through the end of the billing calendar month. If a canceled member elects to rejoin the Wellness Center, enrollment fees shall apply, and new agreement terms and pricing will apply anew. Upon cancellation, any discounts associated with this membership agreement will be forfeited. MEMBERSHIP BILLING AMOUNT Member acknowledges right to receive notice of any adjustment in the amount of Membership Dues charged to Member. Member understands and agrees that Membership Dues listed in this agreement may be subject to an annual increase of up to ten percent (10%) to account for rising operational costs, or inflation, or any other legitimate business reasons, and to ensure the Wellness Center can continue to provide the best service and equipment to all Members. Any such adjustment will be communicated electronically via written notice by mail or email by Aspire Health and Wellness to one of the Member’s provided methods of communication at least ten (10) calendar days in advance of the next billing cycle. PAYMENT METHOD AUTHORIZATION FOR PREAUTHORIZED TRANSFERS/PAYMENTS: Member expressly authorizes AHW or its third-party billing services provider identified herein (“BSP”), to draft Member’s account each month for any dues, fees, or other charges. By signing below, Member authorizes BSP, by payment source of Member’s choice, tied to this membership agreement for purposes of paying on a recurring basis. Member authorizes BSP, by payment source of Member’s choice, tied to this membership agreement for purposes of paying on a recurring basis, all or a portion of the dues, fees, and charges which Member owes under the membership agreement. Member understands and agrees that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) BSP may transfer funds from Member’s designated account(s) for any retail transactions or online purchases initiated by member; (c) dues, fees, and charges will be drawn on or about the dates set forth in the billing cycle; (d) this preauthorization will remain in effect until all of Member’s payment obligations under this membership agreement have been satisfied; (e) charges may appear in Member’s bank statement under [Aspire Health Wellness/Virtugym/PaySafe] [Date of Transaction]”; (f) debited amounts may vary each month based on additional amounts which Member may owe under this membership agreement; (g) billing inquiries can be directed to Aspire Health and Wellness. Member expressly authorizes AHW, BSP and any of its subsidiaries or affiliates to contact Member regarding any matter related to the billing of Member’s account, whether by phone, email or SMS text communication (SMS text charges may apply). By Member providing one or more methods of payment, Member acknowledges and agrees that any of those methods of payment can be charged per the terms listed in this membership agreement, including on a recurring basis for Membership Dues until Member cancels, and without further signature of the Member. Membership Dues are billed electronically on the first (1st) day of each month. Acceptable methods of payment include credit cards, and debit cards. The first method of payment Member provides shall be automatically designated as the primary billing method, which will be used first by the billing system to collect Membership Dues and any outstanding balances at each billing cycle. If the primary method fails for any reason, Member authorizes and agrees that its secondary method(s) of payment will be used to collect the balance owed, including Membership Dues and fees. Credit and debit cards on file can also be used when Member elects to purchase retail products, gift certificates, or other items (“on-account purchases”). If the primary billing method fails for any reason, these payment methods may be used by the billing system for balances owed, including Membership Dues and fees. At the time of the billing cycle, if there is only one (1) method of payment on file, a ten-dollar ($10) fee will be added to the billing for that month. Member must promptly notify AHW of any request to amend their primary billing method, or changes to Member’s billing information, mailing address, or telephone number. Member expressly authorizes AHW, or its authorized third-party billing company, to obtain such updated information through payment card networks, card issuers, or other third parties. OTHER TERMS AND CONDITIONS DELINQUENT/UNCOLLECTED MEMBERSHIP DUES AND RETURN FEE: In the event Member’s automated payments are returned unpaid for any reason, including but not limited to insufficient funds, closed account, declines or the like, Member will be assessed a reasonable return fee of up to fifty dollars ($50) or the maximum NSF permitted by applicable law, whichever is higher. This return fee will be debited from Member’s primary billing method, bank account, or other method of payment provided by Member in addition to the uncollected balance(s) for Membership Dues and/or other fees. In the event Member is delinquent and fails to pay for any reason, AHW may assess a collection fee which will be due and owing at the time of placement with any third party for collections, in an amount up to 33% of the balance owed or the maximum amount authorized by applicable law. LAPSE IN MEMBER USE: All Membership Dues including applicable return fees must be paid regardless of services used. MEMBERSHIP FREEZE: Member may request to freeze the membership in person at the AHW. Freeze requests will be granted by the AHW in calendar month increments not to exceed three (3) months in a calendar year. During the frozen period, a ten-dollar ($10) per month freeze fee will continue to be billed on the first (1st) day of the month following the request. Access to the AHW is prohibited during frozen months. Applicable taxes may apply. If there is only one (1) method of payment on file at the time of the billing cycle is frozen, a ten-dollar ($10) fee will be added to the balances owed for that month. Any month during which a Member opts to freeze its membership will not be counted towards satisfaction of the Initial Term. REFUNDS AND TRANSFER OF SERVICES Membership dues, enrollment fees, packages and sessions are non-refundable and not transferable. Only the Member is authorized access to AHW along with the other benefits included with the membership as outlined in this membership agreement. NON-TRANSFERABLE Session packages are non-transferable and may only be used by the individual purchaser unless otherwise approved in writing by the wellness center. NO REFUND POLICY All session package sales are final. No refunds, credits, or prorated reimbursements will be issued for unused or expired sessions. ORAL STATEMENTS No oral promises or statements made by staff or other members of Aspire Health and Wellness are part of this contract. CHANGES TO TERMS OF MEMBERSHIP AGREEMENT AHW, in its sole discretion, may change any term in this membership agreement which shall become effective fourteen (14) calendar days after AHW providing Member with written notice of the proposed change. If, after notice of a change is received, Member pays the next billing invoice, Member will be considered to have accepted the change. MEMBER RULES, NOTICES, DISCLOSURES & LIABILITY STATEMENTS MEMBER RULES Member agrees that he/she uses at his/her own risk all equipment at AHW wellness center. By signing this agreement, the Member agrees to abide by all AHW rules, policies and regulations now in effect or to become effective at any future date. All rules, regulations and services are subject to change without notice. Drugs, alcohol and firearms or weapons of any type on premises are strictly prohibited. Horseplay, and any disruptive conduct including use of profanities are not allowed. Damaging or tampering with any equipment including saunas, cold plunge, workout equipment, televisions and other property are strictly prohibited. Any recommendations, concerns, complaints, and reviews by Member shall be directed to the staff and operators of AHW. CLEANLINESS AND CONDUCT SHIRTS MUST BE WORN AT ALL TIMES WHILE IN ASPIRE HEALTH AND WELLNESS CENTER SWIMSUITS MUST BE WORN AT ALL TIMES WHILE IN SAUNA OR COLD PLUNGE NO DIVING OR HORSEPLAY IN COLD PLUNGE, NO RUNNING IN CENTER Rules subject to change at management discretion Suitable, presentable and clean clothing in good condition is to be worn by Member at all times when visiting a Wellness Center. Members wearing clothing, or lack thereof, deemed inappropriate by AHW management may be asked to leave the facility and membership may be revoked at the owner’s discretion. Members should conduct themselves in such a manner that will prevent the wellness center from being damaged and its cleanliness being diminished. Negative attitudes, threats, verbal and physical fighting, disruptive or threatening conduct will not be tolerated. Unauthorized outside business solicitation will not be tolerated in/or on the premises. Sexual harassment and/or any type of unlawful discrimination of any type will not be tolerated. Rental mats, towels, or any other workout equipment and any other non-personal belongings should not be removed from AHW at any time. Members must use provided cleaning supplies to wipe down all workout equipment after each use. COURTESY RULES: To promote safety and more time efficient exercise programs, Member must remember to return all mats, towels, bands or other functional training tools equipment to designated areas. During high-traffic workout hours, Member is to adhere to posted appointment times and policies so as not to interfere with other member workouts. This includes but is not limited to opening and closing of AHW sauna doors during sessions, adjusting temperature away from setting when in a group, and adjusting volume of video workout. Member agrees that, upon request, he/she will agree to joining sessions with other members to help staff to accommodate other member and guest appointments and to enhance the spirit of group exercise and teamwork. Members must follow instructions provided by the virtual instructors regarding how to place mats & towels, and must keep personal belongings in cubbies, clear of heaters, ensuring that personal belongings and do not have interfere with other members’ workouts. NON-DISCRIMINATION: AHW represents that it does not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry or any other protected class under the law. GUEST PRIVILEGES: Guests may not enter the facility at any time when staff is not present regardless of the member having access to allow entry. Guests must always check in with front desk staff before using any services. Guests must sign their own liability waiver LIABILITY: RELEASE OF LIABILITY FOR PERSONAL INJURIES AND FOR PERSONAL LOSS OF PROPERTY, MEMBER INDEMNITY OBLIGATIONS Member (Guest) expressly agrees that all use of the AHW and its equipment shall be at the Member’s (Guest’s) sole risk. Member (Guest(s)) acknowledges his/her duty to exercise ordinary care for the protection of himself/herself and other members while using any AHW Center premises. Member (Guest(s)) further assumes the risk of physical activity with his/her own physical condition and acknowledges that he/she has received advice from his/her doctor that he/she is capable of such physical exercise or that he/she will seek such advice or that he/she assumes the risk of proceeding without such advice. Member (Guest(s)) acknowledges and agrees that no representation has been made regarding qualification of staff, facilities or services, or results to be obtained by use of the same. i. Assumption of Risk, Waiver, and Release of Liability (Iowa) Assumption of Risk; Waiver and Release. The User acknowledges and agrees that the relaxation room services and amenities offered by the Practice are non-medical, elective wellness services that are not intended to diagnose, treat, cure, or prevent any disease and are not a substitute for professional medical advice, diagnosis, or treatment. The User understands that use of the relaxation room may involve inherent risks, including but not limited to: physical discomfort, dizziness, burns (if heat-based equipment is used), allergic reactions (including to oils, scents, or materials), aggravation of pre-existing medical conditions, or other unforeseen health or safety risks. To the fullest extent permitted under Iowa law, the User voluntarily assumes all such risks, whether known or unknown, and expressly releases and discharges the Practice from any and all claims, liabilities, damages, or causes of action arising out of or related to the User’s use of the relaxation room and related services. This release does not apply to liability arising from the Practice’s gross negligence, reckless conduct, or willful misconduct to the extent such waiver is prohibited by Iowa law. Indemnification.To the fullest extent permitted by the laws of the State of Iowa, the client, patient, guest, or user (“User”) agrees to indemnify, defend, and hold harmless the practice, its physicians, providers, owners, members, managers, officers, employees, contractors, agents, and affiliates (collectively, the “Practice”) from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of defense) arising out of or related to: (a) the User’s use or misuse of the relaxation room or any related amenities or equipment; (b) the User’s breach of these Terms and Conditions; (c) the User’s violation of any applicable law, rule, or regulation; or (d) the User’s negligence, recklessness, or willful misconduct. This obligation shall not apply to the extent a claim is finally determined by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Practice. This indemnification provision shall survive the User’s use of the facilities and any termination of services or agreement. Acknowledgment and Voluntary Agreement. By using the relaxation room and/or purchasing related services, the User acknowledges that they have read, understood, and voluntarily agreed to these Terms and Conditions, including the assumption of risk, waiver, and indemnification provisions, and that they intend for these provisions to be legally binding to the fullest extent permitted under Iowa law. Member (Guest(s)), on behalf of himself/herself and with the express intention of binding themselves and their heirs, legal representatives, and assigns, to fully and completely releases AHW and AHW Center, and their respective owners, directors, shareholders, partners, managers, members, officers, agents, employees, insurers, agents, successors, assigns, parents, subsidiaries and affiliated companies (“Released Parties”), from any and all loss, demands, rights, suits, penalties, controversies, settlements, damages, expenses, costs, compensation, loss of services, subrogated rights, liabilities, attorneys’ fees, awards, claims, and causes of action, whether arising in contract, tort, statute, strict liability, product liability, or otherwise (“Claims”), arising out of or in any way connected with the services of and/or access to AHW and AHW Center including but not limited to Claims relating to bodily injury, illness, disease, or death sustained by Member (and/or Guest(s)). The foregoing release shall also apply to any and all Claims relating to loss or damage to property belonging Member (and/or its Guest(s)), including but not limited to wallets, keys, jewelry, or automobile, sustained in or within any areas surrounding AHW and AHW Center. The foregoing release shall apply regardless of whether or not any such Claim arises in whole or in part from the sole or concurrent negligence, omission, or fault of any Released Party. To the extent that the governing law prohibits the foregoing release and to the fullest extent permitted by law, Released Parties’ liability, if any, shall be limited to the total amount payable under this Agreement by Member to AHW or $2,000.00, whichever is less. STAFFED HOURS: Staffed hours shall be subject to change at the sole discretion of AHW. Member acknowledges and agrees that he/she is purchasing a membership that allows access to AHW Center during staffed hours. Member acknowledges and agrees that there will be no direct supervision in each Session. Member further acknowledges and agrees that if he/she is injured, becomes unconscious, suffers a stroke or heart attack, or sustains an injury that there may be no one to respond to the emergency and that AHW, have no duty to provide assistance. Even though the AHW is equipped with surveillance cameras, Member acknowledges that it is likely that should the Member require immediate assistance, none will be provided. Accordingly, it is HIGHLY recommended that Member have a workout partner accompany them while at a AHW, but such decision is it up to such person’s discretion. Member solely listed on this contract only and must not be shared with or provided to any other individuals. INDEMNITY OBLIGATIONS: Member agrees to indemnify, hold harmless and defend Aspire Health and Wellness and their respective officers, directors, shareholders, owners, partners, managers, members, agents, employees, agents, affiliated companies, assigns and successors (“Indemnified Parties”), from and against all loss, liability, damages, compensation, penalties, damages, expenses, costs, settlements, judgments and/or awards, including costs, expenses and reasonable attorneys’ fees as a result of any demands, actions, suits, proceedings or other such claims, whether sounding in contract, tort, statute or otherwise, arising on and after the date of this Agreement (“Claims”) arising out of or in any way relating to Claims for bodily injury, sickness or death of any person or persons, or damage to or destruction of tangible property, including the loss of use resulting therefrom, caused by (i) Member’s or their Guest’s acts, omissions, fault, negligence or intentional conduct while on or surrounding the premises of AHW and AHW Center; (ii) Member’s or their Guest’s violation of any AHW policy or rule concerning safety or membership conduct; or (iii) Member’s or their Guest’s breach of representations or warranties contained in this Agreement. The foregoing indemnity and defense obligations will apply regardless of cause or fault or negligence, including fault or negligence on the part of the Indemnified Party(ies). STATEMENT OF HEALTH STATEMENT OF HEALTH: Member (Guest(s)) warrants that he/she is in good health and that he/she has no condition, which could be aggravated or worsened by usage of AHW Center facilities or any equipment therein. Further, Member (Guest(s)) warrants that should he/she develop a health condition which could be aggravated by usage of AHW Center facilities or any equipment therein, that he/she will immediately cease all use of all AHW Center Faciltiies and all equipment therein and notify management in writing of such conditions. MEDICAL STATUS AND USER REPRESNETATIONS The User represents and warrants that: (a) They are physically and mentally capable of safely participating in session chosen; (b) They have disclosed any relevant medical conditions, sensitivities, or allergies to the Practice, as requested; (c) They are not relying on any services offered as a substitute for medical care; and (d) They will immediately discontinue use and notify staff if they experience pain, dizziness, discomfort, or any adverse symptoms. DISTINCT SERVICES The Practice provides both (i) licensed medical services (“Clinical Care”) and (ii) elective, non-medical spa and relaxation room services (“Wellness Services”). The User acknowledges and agrees that these are separate and distinct services. Wellness Services, including use of heated workout area, red light bed, traditional/infrared sauna, cold plunge, Halo Sauna, relaxation room, Emsella Chair, and Stem-Wave, are non-clinical, non-diagnostic, and non-therapeutic in nature. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition and are not a substitute for Clinical Care provided by a licensed healthcare professional. Use of the Wellness Services does not establish a physician-patient or provider-patient relationship with respect to those services. Any such relationship exists solely in connection with separately provided Clinical Care. Unless explicitly stated otherwise in writing, Wellness Services are not performed under medical supervision, and no medical evaluation, monitoring, or treatment is provided in connection with the User’s use of the relaxation room. The User acknowledges that Wellness Services are separately offered and billed from Clinical Care and may not be covered by insurance. The User’s election to use Wellness Services is voluntary and independent of any Clinical Care decision-making. HEATED SERVICE & INFRARED EXPOSURE NOTICES AND CONSENT AGREEMENT Member (Guest(s)) acknowledges and agrees that he/she is obligated to always follow manufacturers’ warnings and directions for use, which can be provided, by the staff upon request and/or posted in AHW. Exercising in hot temperatures can put stress on the cardiovascular system. Therefore, hot exercise programs are not recommended for and should not be used by: 1. Individuals with chronic disease or who have suffered heat strokes or heat stress in the past, history of dizziness, fainting spells, narcolepsy, and/or history of seizures. 2. Individuals with cardiovascular disease or condition, including but not limited to aneurism, angina, atherosclerosis, congenital heart disease, high blood pressure, history of stroke, etc. 3. Individuals who have alcohol or stimulant drugs in their systems (e.g. amphetamines, cocaine, etc.) 4. Children, pregnant or nursing women or individuals with heat sensitive conditions. Participation in hot exercise programs should be avoided in the event that Member takes or has been prescribed prescription medications like cardiac drugs, beta-blockers and anticholinergic or antimuscarinics medications (prescribed for Parkinson’s Disease or to reduce the side effects of certain anti-psychotic drugs) as they may interfere with the body’s heat loss mechanisms, making those who use them more susceptible to heat illness and impairing the participant’s ability to endure the rigors of the program. If member has any of the conditions described herein, Member must provide the wellness center staff with a letter from Member’s General Physician (on their letterhead with his/her name signed and printed) which letter must certify that the Physician understands the rigors of the program and that the Physician certifies Member is physically fit to perform and engage in all aspects of the program and he/she provides their medical consent to Member’s participation. Pregnant women, elderly people and those with hyper/hypotension must seek the advice of their physician before commencing these programs. IF MEMBER IS ON OR HAS BEEN PRESCRIBED MEDICATION or if in any situation the following symptoms occur, use of heated exercise or sauna service use or any other exercise must be discontinued and medical treatment should be sought: 1. 2. 3. out 4. 5. 6. a feeling of sudden and severe fatigue nausea and/or dizziness lightheadedness or fainting, shortness of breath, passing out or near passing a cessation of sweating accompanied by dry, hot skin a period of inexplicable irritability, malaise, or flu-like symptoms. chest pain, pressure, tightness, or heart racing PARENTAL/GUARDIAN CONSENT FOR MINORS For clients under age 18 who wish to use AHW services, a parent/legal guardian is required to sign this consent prior to using this AHW Center and its services. As parent/legal guardian of the above assigned minor, I hereby grant permission for said minor to use AHW services at this AHW Center. I attest that I am the parent/legal guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all questions in this form have been answered accurately to the best of my ability and I acknowledge and agree with the above listed statements and hereby agree that said minor and I will abide by all warnings and instructions. I further understand that I am financially responsible for the minor and all related costs that may result from the minor’s use of the AHW Center. I understand that I am responsible for the actions and results of the actions of the minor when they are using this Wellness Center and that neither AHW nor its owners nor staff are providing supervision of the minor. I understand that minors between 12 and 15 years of age must be accompanied by a legal guardian at all times when accessing AHW Center and that the guardian must be a paying member. I understand that minors between 16 and 17 years of age are permitted to access the AHW Center without a legal guardian and are provided with access as part of their membership terms with my consent to rules and liability waivers. I understand that violation of these and all other listed rules and notices will result in the termination of the membership(s). As parent/legal guardian of the above assigned minor, I further agree to fully indemnify, hold harmless and defend the Indemnified Parties from and against all Claims arising out of or in any way relating to their minor’s use of the Aspire Health and Wellness Center visited by such minor. Execution: This Agreement may be executed in any number of counterparts, each of which will be an original, and such counterparts together will constitute one and the same instrument. Execution may be affected by electronic signature or delivery of electronic scans of signature pages (and the parties will follow such delivery by prompt delivery of originals of such pages). Severability: In the event any court of competent jurisdiction shall determine that any provision of this Agreement is not enforceable as written, the parties agree that the provision shall be amended so that it is enforceable to the fullest extent permissible under the law. The provisions of this Agreement are severable, and this Agreement shall be interpreted and enforced as if all invalid or unenforceable provisions are severed, only to the extent necessary to remove such invalid or unenforceable provisions, and all remaining valid and enforceable provisions shall be enforced. I agree to comply with this membership agreement including the policies herein. I have received a copy of this membership agreement and policies and have had sufficient time to read them. Guest Liability Waiver GUEST & VISITOR RULES, NOTICES & DISCLOSURE STATEMENTS This notice and all rules and disclaimers outlined in this document apply to all visitors of the center. The term member, customer, guest are interchangeable for purposes of this document and refer to any person(s) accessing the wellness center and/or using services, equipment and facility in any capacity. MEMBER, GUEST & VISITOR RULES: Member may use at his/her own risk, all equipment available according to the membership type purchased or as outlined with any complimentary services, complimentary access offered. By signing this document, visitor agrees to abide by all AHW rules, policies and regulations now in effect or to become effective at any future date. All rules, regulations and services are subject to change without notice. Drugs and alcohol on premises are strictly prohibited. Horseplay and any disruptive conduct including use of profanities is not allowed. Damage to or tampering with any equipment including saunas, cold plunge, red light bed, televisions, computers and other property is strictly prohibited. Violation of AHW rules may result in membership termination. See posted notices for more information. CLEANLINESS AND CONDUCT: Suitable, presentable and clean clothing in good repair is to be worn by Member at Member’s own expense. Members wearing clothing deemed inappropriate by management may be asked to leave the facilities. Members should conduct themselves in such a manner that will prevent the Center from being damaged; its cleanliness being diminished; will not bring undue attention to themselves, or in any way interfere with the positive environment of the center or with the attitude of promoting health in the facilities. Negative attitudes, threats, verbal and physical fighting, disruptive or threatening conduct will not be tolerated. Unauthorized outside business solicitation will not be tolerated in/or on the premises. Sexual harassment of any type will not be tolerated. These behaviors may subject user and Member to civil and/or criminal penalties and may result in termination of membership. Rental mats, towels, equipment and any other non personal belongings should not be removed from the center at any time. Members should use provided cleaning supplies to wipe down workout equipment and all other equipment after each use. COURTESY: To promote safety and more time efficient exercise programs, remember to return all mats towels, bands or other functional training tools to designated areas. During high-traffic workout hours, be sure to adhere to posted appointment times and policies so as not to interfere with other member workouts. This includes but is not limited to opening and closing of AHW sauna doors during sessions, adjusting temperature away from optimal setting when in a group, adjusting volume of workout and may include joining sessions with other members to help staff to accommodate other member and guest appointments and to enhance the spirit of group exercise and teamwork. GUEST PRIVILEGES: Guests may not enter the facility at any time when staff is not present regardless of the member having access to allow entry. Guests must always check in with front desk staff before using any services. It is highly suggested that members contact the center to schedule guest appointments at least 24 hours ahead of the visit to ensure availability for the guest to do a AHW workout. GUEST PRIVILEGES: Guests must be registered with the staff, provided photo ID and completed necessary documentation. All guests must be at least 18 years of age unless a signed consent by legal guardian has been provided. Guests are never allowed to enter the facility during non-staffed hours. Guests may not enter the facility at any time when staff is not present regardless of the member having access to allow entry. Guests must always check in with front desk staff before using any services. It is highly suggested that members contact the center to schedule guest appointments at least 24 hours ahead of the visit to ensure availability for the guest to do a AHW workout. Guest workouts and complimentary sessions are subject to availability. VISITOR LIABILITY: RELEASE OF LIABILITY FOR PERSONAL INJURIES AND FOR PERSONAL LOSS OF PROPERTY AT THE WELLNESS CENTER. HEATED SERVICE & INFRARED EXPOSURE NOTICES AND CONSENT AGREEMENT. Member and or guest(s) expressly agrees that all use of the AHW facilities and equipment shall be at the member’s sole risk. The ownership nor staff shall not be liable to member and member shall hold harmless ownership and staff from and against any and all claims, suits, or demands, including, but not limited to those for bodily injury, illness, disease, or death sustained by member and/or its guest(s) or property loss or damage of member and/or its guest(s), arising out of or in any way connected with the services and access to the facility provided by ownership or staff, regardless of whether or not any such claim, suit or demand shall arise in whole or in part from the sole or concurrent negligence, omission, or fault of any member of ownership or staff, or strict liability or product liability. The ownership nor staff shall not be responsible or liable to member and/or its guest(s) for articles lost or stolen in the center or for loss or damage to any other guest(s), including wallets, keys, jewelry, automobile, and the like. Member assumes full responsibility for any injuries, damages, or loss which may occur to Member or his/her guest(s) and forever releases Aspire Health and Wellness, and their owners, directors, officers, agents, employees, insurers, successors, assigns, parents, subsidiaries and affiliated companies, guests, and invitees from liability, claims, suits. Member acknowledges his/her duty to exercise ordinary care for the protection of himself and other members while using the premises. The Member assumes the risk of physical activity with his/her own physical condition and acknowledges that he has received advice from his/her doctor that he is capable of such physical exercise or that he will seek such advice or that he/she assumes the risk of proceeding without such advice. Buyer acknowledges that no representation has been made regarding qualification of staff, facilities or services, or results to be obtained by use of the same. Statement of Health: Member warrants that he/she is in good health and that he/she has no condition, which could be aggravated or worsened by usage of AHW facilities. Further, Member warrants that should he/she develop a health condition which could be aggravated by usage of AHW facilities, that he/she will immediately notify management in writing of such conditions. Staffed Hours: Staffed hours shall be subject to change at the sole discretion of AHW. Member acknowledges and agrees that he/she is purchasing a membership that allows access to AHW Center during staffed hours. Member acknowledges and agrees that there will be no direct supervision in each Session. Member further acknowledges and agrees that if he/she is injured, becomes unconscious, suffers a stroke or heart attack, or sustains an injury that there may be no one to respond to the emergency and that AHW, have no duty to provide assistance. Even though the AHW is equipped with surveillance cameras, Member acknowledges that it is likely that should the Member require immediate assistance, none will be provided. Accordingly, it is HIGHLY recommended that Member have a workout partner accompany them while at a AHW, but such decision is it up to such person’s discretion. HEATED SERVICE NOTICES, DISCLOSURES & RELEASES: Always follow manufacturers warnings and directions for use, which can be provided, by the staff upon request and/or posted in the center. Exercising in hot temperatures can put stress on the cardiovascular system. Therefore, hot exercise programs are not recommended for: 1. Individuals with chronic disease or who have suffered heat strokes or heat stress in the past, history of dizziness, fainting spells, narcolepsy, and/or history of seizures. 2. Individuals with cardiovascular disease, including aneurism, angina, atherosclerosis, congenital heart disease, high blood pressure, history of stroke, etc. 3. Individuals who have alcohol or stimulant drugs in their systems (e.g. amphetamines, cocaine, etc.) 4. Children, pregnant or nursing women or individuals with heat sensitive conditions; the safety of this technology for use by children, pregnant women and clients with heat sensitive conditions has not been confirmed. Some prescription medications like cardiac drugs, beta-blockers and anticholinergic or antimuscarinics medications (prescribed for Parkinson’s Disease or to reduce the side effects of certain anti-psychotic drugs) may interfere with the body’s heat loss mechanisms, making those who use them more susceptible to heat illness and impairing the participant’s ability to endure the rigors of the program. If you have any of the conditions described hereinbefore then you must provide the wellness center staff with a letter from your General Physician (on their letterhead with his name signed and printed) which letter must certify that the Physician understands the rigors of the program and that the Physician certifies you are physically fit to perform and engage in all aspects of the program and he/she provides their medical consent to your participation. Pregnant women, elderly people and those with hyper/hypotension must seek the advice of their physician before commencing or continuing with these programs. IF YOU ARE ON PRESCRIBED MEDICATION or if in any situation the following symptoms occur, heated service use must be discontinued: 1. 2. 3. 4. 5. a feeling of sudden and severe fatigue nausea and/or dizziness lightheadedness or fainting a cessation of sweating accompanied by dry, hot skin a period of inexplicable irritability, malaise, or flu-like symptoms PARENTAL/GUARDIAN CONSENT FOR MINORS: For clients under age 18 whom wish to use Aspire Health and Wellness services, a parent/legal guardian is required to sign this consent prior to using this facility and its services. As parent/legal guardian of the above assigned minor, I hereby grant permission for said minor to use Aspire Health and Wellness services at this facility. I attest that I am the parent/legal guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all questions in this form have been answered to the best of my ability and I acknowledge and agreed to the above listed statements and hereby agree that said minor and I will abide by all warnings and instructions. PARENTAL/GUARDIAN CONSENT FOR MINORS: For clients under age 18 whom wish to use Aspire Health and Wellness services, a parent/legal guardian is required to sign this consent prior to using this facility and its services. As parent/legal guardian of the above assigned minor, I hereby grant permission for said minor to use Aspire Health and Wellness services at this facility. I attest that I am the parent/legal guardian of said minor and attest to the age of the minor. I have carefully read, understood, and ensured all questions in this form have been answered to the best of my ability and I acknowledge and agreed to the above listed statements and hereby agree that said minor and I will abide by all warnings and instructions. I further understand that I am financially responsible for the minor and all related costs that may result from the minor’s use of the facility. I understand that I am responsible for the actions and results of the actions of the minor when they are using this facility and that the facility nor its owners nor staff are providing supervision of the minor. I understand that minors between 12 and 15 years of age must be accompanied by a legal guardian at all times when accessing the facility and that the guardian must be a paying member. I understand that minors between 16 and 17 years of age are permitted to access the facility without a legal guardian and are provided with 24/7 access as part of their membership terms with my consent to rules and liability waivers. I understand that violation to these and all other listed rules and notices will result in the termination of the membership. Cancellation Agreement Aspire Health and Wellness Cancellation Agreement First Name: Last Name: Membership Type: Cancel Request Date: Termination Date: Last Payment Date: Address: Suburb, State, Post Code: Mobile: Email: MEMBERSHIP CANCELLATION TERMS & CONDITIONS 1. Member agrees that once the cancellation terms are fulfilled, any previous discounts and member benefits will be forfeited. 2. Member agrees that once cancellation terms are fulfilled, all facility access will be suspended. 3. Member submitted the cancellation request on the date as shown above labeled Cancel Request Date. 4. Member understands and agrees that all scheduled automatic monthly billings at the rate listed below, during the cancellation period are the responsibility of the member regardless of use of services and will be due as outlined in the membership agreement. Member understands and agrees that the last day of facility access and final payment dates are as listed above: