VAULT FITNESS CLUB, LLC | MEMBERSHIP AGREEMENT
1850 S 120th St, Burien, WA 98168 | Washington State
This Membership Agreement (“Agreement”) is entered into as of the Effective Date above by and between Vault Fitness Club, LLC, a Washington limited liability company (“Vault Fitness,” “Club,” or “Company”), and the individual identified in the signature block below (“Member”). This Agreement governs Member's access to and use of all facilities, services, and programs offered by Vault Fitness.
2. MEMBERSHIP PLANS, FEES & ADD-ONS
Member selects one of the following membership plans at enrollment. Specific pricing for all plans and add-ons is set forth in Schedule A (Fee Schedule), incorporated herein by reference. Vault Fitness may update Schedule A pricing with thirty (30) days' prior written notice per Section 3. The current Schedule A is available at the Club upon request.
General membership includes access to all gym floor equipment, free weights, cardio machines, and locker facilities. Sauna and cold plunge access is included in all membership tiers subject to the age and health restrictions in Section 8. Personal training and group classes are available for additional fees per Exhibits A and B. All membership and add-on pricing - including membership tiers, promotional rates, and optional add-ons - is exclusively set forth in Schedule A (Fee Schedule), incorporated herein by reference. No pricing information in this Agreement supersedes Schedule A.
3. AUTO-RENEWAL AND BILLING AUTHORIZATION
Member authorizes Vault Fitness to automatically charge the payment method on file at the beginning of each billing cycle (bi-weekly, monthly, or annual, as selected). Membership renews automatically until canceled in accordance with Section 4.
Vault Fitness reserves the right to modify pricing upon thirty (30) days' prior written or electronic notice to Member. Continued use of the facility following the notice period constitutes acceptance of the revised pricing. This right is consistent with Washington's general contract principles and the Club's right to amend service terms with reasonable notice. Annual memberships are locked at the stated rate for the duration of the pre-paid term. Price modifications apply only upon renewal of an annual membership.
Member may cancel at any time by submitting written notice (email is acceptable) to Vault Fitness. Cancellation takes effect at the end of the current paid billing period. No partial-period refunds will be issued. There are no early termination fees or cancellation penalties of any kind.
Vault Fitness reserves the right to suspend or terminate any membership immediately, without refund, for: (a) violation of Club rules or posted policies; (b) conduct that is unsafe, threatening, or disruptive to staff or other members; (c) non-payment; or (d) misrepresentation of health status in connection with use of restricted amenities.
Washington Statutory Right to Cancel: Pursuant to RCW 19.142.040, Member has the right to cancel this Agreement without penalty within three (3) business days of signing. Written cancellation notice must be delivered to Vault Fitness at the address above or by email. Upon timely cancellation, all payments made will be refunded within ten (10) days.
BUYER'S RIGHT TO CANCEL. If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a written notice to the health studio at the address below. Your notice must be delivered or mailed before midnight of the third business day after you sign this contract. You must provide a written statement that you wish to cancel this contract. Address: Vault Fitness Club, LLC, 1850 S 120th St, Burien, WA 98168. (Required per RCW 19.142.040(9).)
STATUTORY CANCELLATION RIGHTS (RCW 19.142.040(7)): In addition to the 3-day right above, Member may cancel without penalty in the following circumstances: (a) Death or Total Disability: Member's death or total physical disability preventing facility use; estate or Member may cancel with written notice and documentation; unused prepaid amounts refunded pro-rata. (b) Relocation: Member permanently relocates primary residence more than twenty-five (25) miles from any Vault Fitness location; 30 days' written notice and proof of relocation required. (c) Permanent Facility Closure: Vault Fitness permanently closes with no comparable facility within ten (10) miles; Member may cancel immediately with pro-rata refund. (d) Pre-Opening Cancellation: If this Agreement is signed before the Club opens, Member may cancel within the first five (5) business days of opening for a full refund. (e) Contracts Over One Year: For terms exceeding one (1) year, Member may cancel for any reason upon thirty (30) days' written notice after the first year. All cancellation requests under this section must be in writing to Vault Fitness at the address in Section 1.
Member acknowledges and agrees that participation in gym activities - including but not limited to use of weight training equipment, cardiovascular machines, free weights, sauna, cold plunge, personal training sessions, and group fitness classes which involve inherent risks of physical injury, illness, cardiac events, or death. These risks exist even when the facility and equipment are properly maintained and staff act reasonably.
Member voluntarily assumes all such inherent risks associated with use of the Club's facilities and services. Member further acknowledges that the sauna and cold plunge carry additional risks for individuals with cardiovascular conditions, high or low blood pressure, pregnancy, epilepsy, or other health conditions, and that Member has either consulted a physician regarding these risks or knowingly waives such consultation. Member further acknowledges that use of a shared fitness facility involves risk of exposure to communicable diseases, bacteria, viruses, and other pathogens, and voluntarily assumes this risk.
6. LIABILITY WAIVER AND RELEASE
To the fullest extent permitted by Washington law, Member, on behalf of themselves and their heirs, estate, personal representatives, and assigns, hereby RELEASES, WAIVES, DISCHARGES, and COVENANTS NOT TO SUE Vault Fitness Club, LLC, its owners, members, managers, officers, employees, agents, contractors, and assigns (collectively, "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs, or liabilities of any nature whatsoever, whether known or unknown, arising out of or in connection with:
(a) Member's use of any gym equipment, facilities, or amenities;
(b) Personal training sessions conducted at the Club;
(c) Group fitness class participation;
(d) Use of the sauna or cold plunge;
(e) Slips, trips, falls, or accidents on Club premises;
(f) Theft, loss, or damage to personal property;
(g) The ordinary negligence of any Released Party.
This waiver is intended to be as broad and inclusive as permitted under Washington law. Washington courts have upheld express assumption of risk and exculpatory clauses in health club and fitness agreements where the clause is clear and unambiguous. See Scott v. Pacific West Mountain Resort, 119 Wn.2d 484 (1992) (upholding liability waivers for recreational activities where language clearly expresses intent to waive negligence claims). Member acknowledges this waiver is a material term of the Agreement and that Vault Fitness would not grant membership absent Member's acceptance.
LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall Vault Fitness's total liability to Member for any claim arising under this Agreement exceed the total membership fees paid by Member in the three (3) months preceding the claim. Vault Fitness shall not be liable for any indirect, incidental, consequential, or punitive damages. Notwithstanding the foregoing, this waiver does not apply to claims arising from the gross negligence, recklessness, or intentional misconduct of the Released Parties.
Member signature for Liability Waiver Acknowledgment: By signing below, Member confirms they have specifically read, understood, and agreed to the liability waiver in Section 6, including the release of claims for ordinary negligence.
Equipment Disclaimer and Product Liability Preservation.
Member acknowledges that Vault Fitness Club, LLC is not the designer, manufacturer, or distributor of any exercise equipment, fitness machines, or related products available at the facility. Vault Fitness makes no express or implied warranties regarding the design, manufacture, or structural integrity of any such equipment beyond its obligation to perform reasonable inspection and maintenance.
Member's release of the Released Parties under this Section 6 applies to claims arising from Vault Fitness's selection, placement, inspection, or maintenance of equipment, but does not extinguish any claim Member may have directly against an equipment manufacturer, distributor, or supplier under applicable product liability law.
In the event Member suffers injury related to an equipment defect, Member agrees to cooperate with Vault Fitness in pursuing any available third-party product liability claim against the responsible manufacturer or distributor, and Member assigns to Vault Fitness, to the extent permitted by law, any subrogation rights arising from such claims to the extent Vault Fitness has incurred costs or liability in connection with the incident.
7. HEALTH ACKNOWLEDGMENT AND MEDICAL DISCLAIMER
Member represents and warrants that they are in adequate physical condition to participate in gym activities and have not been advised by a physician to refrain from exercise. Member agrees to immediately notify Vault Fitness staff of any change in health status that may affect their safe participation.
Vault Fitness does not provide medical advice, diagnosis, or treatment. Nothing in this Agreement or communicated by staff constitutes medical guidance. Member is solely responsible for consulting qualified medical professionals regarding their fitness participation.
Member agrees to comply with all posted health and safety rules, including those governing sauna and cold plunge use. Vault Fitness reserves the right to require proof of physician clearance before permitting a member with a disclosed medical condition to use restricted amenities.
8. AGE RESTRICTIONS AND MINORS
General Gym Access: Members under eighteen (18) years of age are permitted access to the gym floor with written parental or guardian consent as provided in the signature block below.
Sauna and Cold Plunge: Use of the sauna and cold plunge is RESTRICTED TO MEMBERS AGE 18 AND OLDER. No exceptions will be made. The health risks associated with extreme temperature exposure are significantly elevated for minors, and Vault Fitness strictly enforces this restriction.
Parental/Guardian Liability: The parent or guardian executing this Agreement on behalf of a minor Member assumes all obligations, representations, and liability waivers set forth herein on the minor's behalf and agrees to be personally bound by all terms of this Agreement, including Section 6.
9. FACILITY RULES AND MEMBER CONDUCT
Member agrees to comply with all posted Club rules, staff instructions, and any policies communicated in writing. Rules include but are not limited to proper equipment use, re-racking weights, appropriate attire, personal hygiene standards, prohibition on unauthorized recording of other members, and respectful conduct toward staff and fellow members.
Vault Fitness reserves the right to amend Club rules at any time by posting updated rules in the facility or providing written notice to Member. Continued use of the facility after updated rules are posted constitutes acceptance. Repeated or serious violations may result in immediate membership termination without refund.
10. PERSONAL TRAINING SERVICES
Personal training services are governed by Exhibit A (Personal Training Agreement), which is incorporated herein by reference. Signing this Agreement does not obligate Member to purchase personal training. All personal training sessions carry the same assumption of risk and liability waiver set forth in Sections 5 and 6.
11. GROUP FITNESS CLASSES AND CLASS PASSES
Group fitness classes are currently planned for future availability and will be offered as part of certain membership tiers or as standalone class passes. Participation in group classes is subject to Exhibit B (Group Fitness Class Waiver and Agreement), incorporated herein by reference.
Class pass holders are permitted access to the facility only during scheduled class times and must vacate following class. Class passes are non-transferable. Class schedules are subject to change at Vault Fitness's discretion.
Class pass and class pack pricing is set forth in Schedule A (Fee Schedule), Section 4, incorporated herein by reference.
12. WASHINGTON CONSUMER PROTECTION COMPLIANCE
This Agreement is intended to comply with all applicable Washington State consumer protection statutes, including:
RCW 19.142. Health Studio Services Act: Vault Fitness is subject to this statute governing health club membership contracts in Washington. Pursuant to RCW 19.142.040, Member has a three (3) business day right of rescission as described in Section 4. Vault Fitness will not collect payment for services not yet rendered beyond the amounts permitted under this statute.
RCW 19.86. Washington Consumer Protection Act (CPA): Vault Fitness operates in compliance with the CPA's prohibition on unfair or deceptive acts or practices in trade or commerce. Member rights under the CPA are not waived by this Agreement.
RCW 49.60. Washington Law Against Discrimination: Vault Fitness does not discriminate in the provision of services on the basis of race, color, creed, national origin, sex, sexual orientation, gender identity, disability, or any other protected class under Washington law.
13. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles. Any interpretation of this Agreement is governed by general Washington contract law principles. To the extent any transaction under this Agreement involves the sale of tangible goods (e.g., merchandise), the Washington Uniform Commercial Code (RCW Title 62A) may apply to that transaction only.
Informal Resolution: The parties agree to attempt to resolve any dispute through good-faith written negotiation before initiating formal proceedings.
Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the arbitration conducted in King County, Washington. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The parties waive the right to a jury trial. Notwithstanding the above, either party may bring an individual claim in small claims court if the claim qualifies under applicable small claims court rules.
Class Action Waiver: Member agrees that any dispute shall be resolved on an individual basis only. Member waives any right to bring or participate in a class action, collective action, or representative proceeding of any kind.
Attorney's Fees: In any arbitration or court proceeding arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, consistent with RCW 4.84.330.
Venue: To the extent any matter is not subject to arbitration or requires court action (e.g., injunctive relief), the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.
Entire Agreement: This Agreement, including all Exhibits, constitutes the entire agreement between the parties regarding gym membership and supersedes all prior representations, negotiations, or understandings.
Severability: If any provision of this Agreement is held invalid or unenforceable under Washington law, the remaining provisions shall remain in full force and effect. RCW 4.22 principles of comparative fault shall apply where applicable.
Amendment: Vault Fitness may amend this Agreement upon thirty (30) days' prior written or electronic notice to Member. Continued use of Club facilities after the notice period constitutes acceptance. If Member objects to a material amendment, Member may cancel the membership without penalty by providing written notice to Vault Fitness within the thirty (30) day notice period.
No Waiver: Vault Fitness's failure to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce that provision in the future. Non-Transferability: Membership is personal to the undersigned Member and is non-transferable. Member may not assign, sell, or share their membership with any other individual without Vault Fitness's prior written consent.
Electronic Signatures: Electronic signatures are valid and legally binding under Washington's Uniform Electronic Transactions Act (RCW 19.360) and the federal E-SIGN Act. Survival: Sections 5, 6, 7, 13, and 14 (including all indemnification, limitation of liability, and arbitration provisions) shall survive the termination or expiration of this Agreement.
Indemnification: Member agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, or expenses (including attorney's fees) arising from: (a) Member's breach of this Agreement; (b) violation of Club rules; (c) acts or omissions of any minor Member for whom the parent/guardian is responsible; (d) Member's negligence or willful misconduct causing injury to other members, staff, or third parties; (e) claims by Member's guests or invitees; or (f) Member's misrepresentation of health status.
15. FORCE MAJEURE AND FACILITY CLOSURE
Vault Fitness shall not be in breach of this Agreement, and no refunds shall be owed, if the facility is temporarily closed due to causes beyond Vault Fitness's reasonable control, including government orders, public health emergencies, pandemics, natural disasters, utility failures, fire, or equipment failure requiring emergency repair ("Force Majeure Event"). During any Force Majeure Event closure, Vault Fitness will, at its election: (a) pause billing for the duration of the closure, or (b) extend the membership term by the number of days the facility was closed.
16. MEMBERSHIP FREEZE AND HOLD
Member may request a temporary hold on their membership as follows: (a) Medical Hold - Member may freeze their membership for any medically necessary duration upon submission of a physician's note. Billing will be paused during a medical hold. (b) General Hold - Member may freeze their membership for up to thirty (30) days per calendar year at no charge, or up to sixty (60) days per year for a nominal maintenance fee. Hold requests must be submitted in writing prior to the next billing cycle to prevent a charge for that cycle.
17. DATA PRIVACY AND CONSENT
Personal Data Collection: Vault Fitness collects personal information including Member's name, date of birth, email, phone number, payment information, and health disclosures. Member consents to collection and use of this information to administer membership, process payments, communicate Club services, and comply with applicable law. Vault Fitness does not sell Member's personal information to third parties.
Biometric Data (RCW 19.375): If Vault Fitness implements biometric check-in technology (e.g., fingerprint scanners, facial recognition), Vault Fitness will provide Member with separate written notice and obtain written consent prior to collecting any biometric identifiers, in compliance with RCW 19.375 (Washington Biometric Privacy Statute) and the Washington My Health My Data Act. Member may opt out of biometric check-in at any time. Vault Fitness will destroy biometric data within three (3) years of collection or one (1) year after membership termination, whichever is earlier.
18. SECURITY CAMERAS, PHOTO, VIDEO, AND SOCIAL MEDIA CONSENT
Video Surveillance (CCTV): Vault Fitness operates video surveillance cameras for safety and security in common areas including the exterior, reception, and office. Cameras are NOT placed in locker rooms, restrooms, or changing areas. By entering the facility, Member acknowledges and consents to video surveillance in these monitored areas. Footage is retained for a limited period and may be disclosed to law enforcement in connection with safety or security incidents. Vault Fitness cameras do not record audio, consistent with RCW 9.73.030 (Washington two-party consent law for audio recording).
Promotional Image and Likeness Consent (OPT-IN): Vault Fitness may photograph or video Club activities for promotional, marketing, or social media purposes. Member's consent to use of their image or likeness for promotional purposes is VOLUNTARY and governed by a separate opt-in consent form provided at enrollment. Such consent is NOT required as a condition of membership. Member may revoke promotional consent at any time by written notice to Vault Fitness. Unauthorized commercial use of a member's image is prohibited under RCW 63.60.050.
Member Recording Policy: Member agrees not to photograph, video record, or live-stream other members or staff without their express prior consent. Violations may result in immediate membership termination. Member agrees to comply with RCW 9.73.030 (two-party consent for audio recording) at all times on Club premises.
MEMBER ACKNOWLEDGMENT AND SIGNATURE
By signing, Member acknowledges that they have READ this entire Agreement, UNDERSTAND its terms, and VOLUNTARILY AGREE to be bound by it, including the liability waiver in Section 6 and the arbitration clause in Section 13. Member acknowledges they had the opportunity to seek independent legal counsel before signing.
IF MEMBER IS UNDER 18 - PARENT/GUARDIAN MUST COMPLETE BELOW AND SIGN THE DOCUMENT:
Parent/Guardian Full Name (Print):
Relationship to Minor:
Phone:
Email:
Vault Fitness Club
