TERMS OF BUSINESS

1. Parties.

Bishoy’s Gym and  (hereinafter “you”) agree that by signing this agreement (“Agreement”), you have purchased a membership at Bishoy’s Gym and agree to all the terms in this Agreement. You also agree to follow Bishoy’s Gym’s membership policies and gym rules at all times.

 

2. Membership.

Your membership permits you to use Bishoy’s Gym’s facilities, equipment and services. Your membership is valid at all Bishoy’s Gym locations twenty four (24) hours a day seven (7) days a week. Your membership is only valid for you and is not transferable. Bishoy’s Gym can sell memberships to other members at different rates than yours. It is your responsibility to notify Bishoy’s Gym of any change in your address or phone number.

 

3. Private Training.

All private training packages expire within three (3) months from the purchase date, and they are valid for you and not transferable. Fees are not refundable.

 

4. Fees.

You agree to pay the fees listed in this Agreement. Fees are not refundable. Whether or not you use Bishoy’s Gym’s premises, facilities, equipment and services, you agree to pay your fees as set forth in this Agreement. If you incur any charges for goods or services, including without limitation personal training, you agree to pay for them according to Bishoy’s Gym’s rates then in effect.

 

Late Charges: If any amount under this agreement is more than five (5) days late, you agree to pay a late fee of $20.

 

Renewal Policy: Bishoy's Gym reserves the right to adjust the monthly or yearly dues upon a written notice.

 

Automatic Renewal: Your membership will automatically renew under existing terms upon expiration absent of 30 day written notice of cancellation.

 

5. Guests.

A. Guests of members $35 a day pass.

B. Out-of-town guests will be charged guest fees.

C. Local guests will be charged guests fees.

D. Former members and members restricted from the club may not enter as guests.

E. All guests must register and pay a guest fee upon entering Bishoy’s Gym, and must execute a Waiver and Release of Liability and Indemnity Agreement.

F. No member shall bring in any individual to perform personal training services.

G. Any guest found in Bishoy’s Gym who has not paid the guest fee will be charged double and will no longer be able to use Bishoy’s Gym. Members are responsible for their guests. (See Membership Agreement 15.)

H. All guests must abide by club rules and regulations.

 

6. Closure, Move or Sale of Gym.

Bishoy’s Gym may permanently close or move location without any effect on this Agreement if there is a Bishoy’s Gym within 5 miles of your residence. Bishoy’s Gym reserves the right to transfer, sell or assign your membership in the event Bishoy’s Gym sells a gym location.

 

7. Physical Condition & No Medical Advice.

You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Bishoy’s Gym’s facilities. As such, you acknowledge that Bishoy’s Gym did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the equipment and facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using Bishoy’s Gym’s equipment and facilities.

 

8. Liability for Personal Property.

Bishoy’s Gym is not liable to you or your guest(s) for any personal property that is damaged, lost, or stolen while on or around Bishoy’s Gym’s premises, including but not limited to a vehicle or its contents or any property left in a locker or on the ground. If you or a guest cause any damage to Bishoy’s Gym’s equipment or facilities, you are liable to Bishoy’s Gym for its cost or repair or replacement.

 

9. Termination.

If you have a Month-To-Month Membership, you may terminate it at any time upon 1 month’s written notice to Bishoy’s Gym. Your monthly membership ends on the last day of the month following the month Bishoy’s Gym receives written notice of termination. If you have a prepaid annual membership, you may terminate it at any time upon 30 days’ written notice; however, you are not entitled to receive a refund of any portion of your prepaid fees. Bishoy’s Gym may, at its option, terminate your membership if you fail to make timely payments under any membership plan, if you fail to follow Bishoy’s Gym’s membership policies and gym rules, or if your conduct is improper or harmful to the best interest of Bishoy’s Gym or its members. Termination is effective on the date Bishoy’s Gym mails or emails you a written notice to your last known address or email address. You are liable for all financial obligations until that date. If you prepaid your fees, Bishoy’s Gym will not refund any unused portion.

You or your estate may also cancel the contract if you become disabled or die, and also if you move more than 25 miles from the facilities. You may cancel on either of these grounds at any time. In order to cancel on the basis of disability, the disability must be of a kind that somehow affects your capacity to use or enjoy the club's facilities. A physician must verify the condition. In the event of your death, your representative may cancel the contract. Upon cancellation for either reason, no further payments are required, and a prorated portion of any amount prepaid will be refunded to you or your representative. You or your representative must request the refund.

You also may cancel the contract if you move more than 25 miles from Bishoy's Gym and are unable to transfer the contract to a comparable facility. In this event, no further payments are required, and a prorated portion of any amount prepaid shall be refunded to you. However, Bishoy's Gym will include a charge or withhold from the refund a cancellation fee of not more than $100 (or $50 if more than half the contract life has expired).

 

10. Photography.

No photography, videography or recording of any type, including without limitation still, video, or digital imagery, is allowed on Bishoy’s Gym premises without the written permission of Bishoy’s Gym management. All copyright in any such photograph, video or other recording of any type, including without limitation still, video, or digital imagery, shall vest in Bishoy’s Gym, including rights of publication, display, modification, and creation of derivative works.

 

11. Rules and Regulations.

A.     All signs posted in Bishoy’s Gym shall be considered part of the rules and regulations.

B.     B. Memberships are non-transferable. Membership cards/codes are issued to members only and are not to be used by anyone else. Infraction of this rule will result in immediate expulsion from Bishoy’s Gym.

C. Profanity is not allowed in the gym. Members shall not yell or scream across the gym. No member may be loud, offensive, or bothersome to the other members or employees.

D. There will be NO SMOKING permitted on Bishoy’s Gym premises.

E. No animals allowed in the Gym, other than certified service animals.

F. Bishoy’s Gym is not responsible for lost items.

G. No solicitation allowed on Gym property.

H. No person under 16 years of age is permitted on Gym property.

I. Members must wear shirts (covering the chest and back) at all times in Bishoy’s Gym.

J. Sturdy shoes (e.g., sneakers) must be worn at all times in all Gym areas. Sandals are not allowed.

K. Return weights to proper racks when finished.

L. Do not attempt to use any equipment with which you are unfamiliar.

M. Have a spotter when using heavy weights.

N. No littering or leaving debris on the gym floor.

O. All members are required to use towels when using equipment.

P. No dropping the weights.

Q. Use of hair dyes Bishoy’s Gym is strictly forbidden.

R. Please do not eat or drink anything except water in any area of the Gym.

S. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. Bishoy’s Gym does not accept responsibility for items removed from lockers.

T. Chalk is not allowed in gym.

 

12. Arbitration.

If there is any dispute between you and Bishoy’s Gym arising from this Agreement, both parties agree to submit it to binding arbitration, using the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (“Rules”). Arbitration means that neither you nor Bishoy’s Gym can sue each other in court over the dispute and that a neutral arbitrator will decide it, not a jury or judge. To start the arbitration process, either party must submit a written arbitration request to the other within one year of the claim. Any failure to request arbitration within the one year period shall constitute a waiver of all rights to raise any claim. The arbitration shall be held at the AAA office nearest to the gym you joined and based on AAA’s Rules; the parties agree they cannot conduct any discovery. The party who makes the claim must pay the costs of arbitration, including the arbitrator’s fees. Any judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitration award shall be complete and final and the parties waive all rights to appeal or any right to challenge the award.

13. Governing Law.

This Agreement shall be governed by the law of the State of California.

14. Attorney’s Fees.

In the event of any dispute arising from this Agreement, the prevailing party is entitled to full reimbursement from the non-prevailing party for all of the prevailing party’s attorney’s fees.

15. Waiver and Release Of Liability / Assumption Of Risk

You acknowledge that your presence within any Bishoy’s Gym facility or premises, regardless of whether you are engaged in any activity at the time, and that any use of the equipment, premises and facilities at Bishoy’s Gym naturally involves the risk of injury to you or your guest(s), including without limitation injury that may be fatal, and any one or more of the following: injury from tripping and falls; foreseen and unforeseen inclement weather; cuts; abrasions and puncture wounds, broken bones; muscle strains and sprains; concussions; loss of consciousness, fainting, disability, paralysis, herniations, stroke, or heart attack, whether you or someone else cause it. As such, you understand and voluntarily accept this risk and agree that Bishoy’s Gym, its owner(s), proprietor(s), staff, affiliates, employees, agents, representatives, successors, assigns, Bishoy Hanna or any other person associated in any way with Bishoy’s Gym (collectively referred to herein as “Gym Entities”) will not be liable and shall be held harmless for any liability, claims, demands, losses, damages or injury, including, without limitation, personal, bodily or mental injury, economic loss or any damages to you, your spouse, your guest(s), unborn children, relatives or any other person or property resulting from any cause whatsoever, including the negligence of the Gym Entities or anyone on the Gym Entities’ behalf or anyone using Bishoy’s Gym’s equipment, premises or facilities. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facility, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping or falling while on any portion of the Gym Entities’ premises, including injuries resulting from negligent inspection or maintenance of the facility or premises. You understand that it is your responsibility, as the participant, to engage only in those activities for which you have the prerequisite skills, qualifications, preparation and training, and you agree to refrain from using any equipment with which you are unfamiliar. Further, you understand and acknowledge that Bishoy’s Gym does not manufacture any of the fitness or other equipment, but purchases and/or leases equipment from third parties. As such, you understand and acknowledge that Bishoy’s Gym is providing recreational services and may not be held liable for defective products. If there is a claim by anyone based on injury, loss or damage described here, which involves you or your guest(s), you agree to (i) defend the Gym Entities against such claims and pay the Gym Entities all expenses relating to the claim; and (ii) indemnify the Gym Entities for all liabilities to you, your spouse, your guest(s), relatives, or any other person or property, resulting from such claims.

 

You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You have read the foregoing and understand that you have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.

 

You further covenant and agree that you will hold forever harmless and will not take legal action against any Gym Entity or members of Bishoy’s Gym for any claim for damages arising or growing out of your participation in any activity whether caused by negligence or otherwise.

 

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

 

Bishoy's Gym (“the Gym”) has put in place preventative measures to reduce the spread of COVID-19; however, the Gym cannot guarantee that you or your guest(s) will not become infected with COVID-19. Further, attending the Gym could increase your risk and your guest(s)’ risk of contracting COVID-19.

 

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my guest(s) and I may be exposed to or infected by COVID-19 by attending the Gym and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Gym employees and other members of the Gym.

 

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my guest(s) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my guest(s) may experience or incur in connection with our presence in the Gym (“Claims”). On my behalf, and on behalf of my guest(s), I hereby release, covenant not to sue, discharge, and hold harmless the Gym, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Gym, its employees, agents, representatives, or other persons at the Gym, whether a COVID-19 infection occurs before, during, or after any presence at the Gym or participation in any Gym activity.

 

16. No Supervision.

You acknowledge that you are purchasing a membership at a 24-hour facility that allows access at any time. As such, you understand there will be no supervision or assistance and that there is no regular staffing of Bishoy’s Gym facilities. You acknowledge that you are aware that if you get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event, or are the victim of a crime or disaster of any kind, that there will likely be no one to respond to that emergency, and that the Gym Entities have no duty to provide assistance to you. You understand that even though the gym may be equipped with surveillance cameras, help will not be available.

 

17. Severability.

These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. Bishoy’s Gym’s failure to enforce any remedy or provision in this contract shall not be construed as a waiver of such remedy or provision.

 

 

18. Entire Agreement & Enforcement.

This is a fully integrated Agreement. You acknowledge that neither any Gym Entity nor anyone else made any representations or promises upon which you relied that are not stated in this Agreement. This document contains the entire agreement between you and Bishoy’s Gym and replaces any oral or other written agreement. If a court declares any portion of this Agreement to be invalid or unenforceable, it will not invalidate the remaining parts, which continue unaffected. If Bishoy’s Gym does not enforce any right in this Agreement for any reason, Bishoy’s Gym does not waive its right to enforce it later.

 

19. Modification of Agreement.

This Agreement may only be modified in a writing signed by you and an authorized representative of Bishoy’s Gym. This Agreement is not effective until you and an authorized Bishoy’s Gym representative sign and date it. By signing below, you agree to all the terms on every page of this Agreement.

 

You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to Bishoy's Gym at 10522 West Pico Blvd., Los Angeles, CA 90064

Length of contract term: Month-To-Month.

©Bishoy's Gym