AIRA FITNESS
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS:
I acknowledge that the Club is an unsupervised fitness center and there is possible danger connected with any physical activity, including the dangers of physical injury and death. I assume all risks of injury, and waive all rights to pursue money damages or any other relief of any kind, arising out of (1) my entry into or upon the Club or any other Aira Fitness® location; or (2) my use of any equipment, machinery, or facilities in the Club or any other Aira Fitness® location or Aira Fitness® sponsored event. On behalf of myself and my successors and assigns, I agree to indemnify and will hold harmless Club Owner, Aira Fitness, Inc. and all of their owners, employees, agents, successors and assigns from and against any loss or damage that may be sustained by me or any person entering the Club as my guest.
PHYSICAL CONDITION & NO MEDICAL ADVICE:
Member represent that they are in good physical condition and have no medical reason or impairment that might prevent them from intended use of the Club. As such, member acknowledges that neither the Club nor Aira Fitness LLC. provided medical advice before member joined, and cannot give me medical advice after. If member has any health or medical concerns now or after joining, member will talk to doctors before using the Club.
MODIFICATION:
At any time and without User's consent, the Company may unilaterally amend, modify, or change this Agreement in its sole discretion and without any notice or cause. By continuing to use the gym after any amendment, modification, or change, you have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Copies of this Agreement in its most current form can be requested and sent immediately via email at any time.
PARENT/GUARDIAN CO-SIGNER:
In exchange for Club allowing my minor child to use the Club, I agree to the Assumption of Risk of Injury and Waiver of Claims clause in this Agreement. I also agree to defend and indemnify Club, Aira Fitness, Inc., or its officers and employees to the fullest extent permitted by law for any claim brought by my minor child against them. I also promise to pay any financial obligation incurred by my minor child for any reason and acknowledge that the banking information on this Agreement is my account. I understand that any child of mine under the age of 14 must be accompanied by an adult at all times while in a Aira Fitness Club.
FINANCIAL CO-SIGNER:
I promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the banking information in this Agreement is my account. I also agree to defend and indemnify Club, Aira Fitness, Inc. or its officers and employees to the fullest extent permitted by law for any claim brought by the member.
MEMBERSHIP BILLING TERMS & AGREEMENTS:
This Agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership of any duration, a prepaid Groupon membership, and/or complimentary months of gym usage due to a giveaway, promotion, customer service gesture, or otherwise, I will automatically become a month-to-month member after the pre-paid period and will be billed the then-current monthly membership rate unless I provide notice of cancellation via the proper cancellation procedure outlined in this document. All direct debit memberships are on an ongoing basis until member sets an appointment to come to the gym and complete their cancellation.
A $39 yearly Maintenance Fee per person/per year, is debited automatically on December 15th.
Aira Fitness does NOT refund any payments made by the member, including membership fees, sign up fees, incidentals such as guest pass charges, etc; including where applicable the acceptance of membership cancellation, for ANY reason whatsoever.
As mentioned above, if member signed up with a promotion (from a facebook ad or Groupon or other form of promotion), member understands that after the promotional period the membership will automatically continue into a monthly membership program of the then current monthly payments.
For applicable Private Studio Locations where a time slot reservation is required: Member understands that with each membership they are purchasing a certain amount of sessions to access the private studio. Unused sessions DO NOT roll over into future weeks/months.
For applicable Private Studio Locations where a time slot reservation is required: There is a $10 penalty for reserving the studio but not showing up for your designated time. All sessions booked must be cancelled 12 hours prior to the appointment time in order to prevent a charge of $10 for a no-show. Aira Fitness is not liable for the following, and a $10 no-show charge will not be refunded for the following:
a) Bookings of the wrong time
b) Bookings at the wrong location
c) Forgetting to attend a session
d) Choosing not to attend a session
e) Rescheduling of bookings at the wrong time
f) Last minute conflicts within the 12 hour rescheduling window
g) Oversleeping
h) Inclement weather
i) Arriving to the gym late
j) Arriving to the wrong gym location
k) Traffic
l) Working late or similar
m) Family or personal emergency or similar
n) Any other happening or incident in line with the above circumstances
If your account is delinquent, your access to the gym will be temporarily suspended. Please contact Aira Fitness to update a payment on file. Once your account is current, you will regain access to the gym.
MEMBERSHIP TYPES & ACCESS LEVELS - your membership type can be found on the first page of this document:
- PRIVATE STUDIO - 2X A WEEK: Allows for 2 sessions total per week, with access to the following locations: Algonquin, Antioch, Fox Lake, Fox Lake Pod, Gurnee, Grayslake, Mchenry, Richmond, Wonder Lake
- PRIVATE STUDIO - 3X A WEEK: Allows for 3 sessions total per week, with access to the following locations: Algonquin, Antioch, Fox Lake, Fox Lake Pod, Gurnee, Grayslake, Mchenry, Richmond, Wonder Lake
- PRIVATE STUDIO - 5X A WEEK: Allows for 5 sessions total per week, with guest privileges, with access to the following locations: Algonquin, Antioch, Fox Lake, Fox Lake Pod, Gurnee, Grayslake, Mchenry, Richmond, Wonder Lake
- PRIVATE STUDIO - 7X A WEEK: Allows for 7 sessions total per week, with guest privileges, with access to the following locations: Algonquin, Antioch, Fox Lake, Fox Lake Pod, Gurnee, Grayslake, Mchenry, Richmond, Wonder Lake
- MULTI CLUB - Unlimited gym access to the following locations: Mchenry, Richmond or Fox Lake
- SINGLE CLUB - Unlimited access to EITHER Mchenry OR Richmond OR Fox Lake
*Exception: Members who are grandfathered into a discontinued membership type.
LOCATIONS THAT REQUIRE AN AIRA FITNESS TIME SLOT RESERVATION TO USE:
Algonquin
Fox Lake Pod
Gurnee
Wonder Lake
We will be adopting a zero-tolerance policy. If you are caught in violation of the following rules, you may be asked to leave the gym immediately and your account will be suspended. If you see suspicious behavior in the gym, please do your part and help report it to our team via text or email, depending on urgency.
RULES:
Aira Fitness Studios, Gyms, Private Studios and Pod's rules are defined as anything outlined, included and mentioned in this document, as well as any postage interior and exterior signage at any Aira Fitness location. Aira Fitness or the Club may, in its sole discretion, modify its rules or policies without notice at any time. Club rules may vary by location. Aira Fitness reserves the right to refund the pro- rated cost of unexpired services and terminate this membership immediately for any reason or no reason whatsoever.
User is completely responsible and liable for deliberate damages to The Gym during the time slot he/she has reserved. For User's safety, once equipment is damaged, he/she should stop usage safely and report it immediately. Aira Fitness will repair it as soon as possible. In the case of deliberate damage to the facility or equipment, the member may receive a charge to their account for repair/replacement expenses. For applicable Private Studio Locations where a time slot reservation is required: Upon end of the reserved time slot, the User is to ensure the Equipment is safely returned to its original position and exit the gym. Additional fees will apply if the Equipment is not safely returned to its original position and the gym is not locked after the reservation time slot.
Aira Fitness reserves the right to issue a temporary or lifetime ban to any member due to user misconduct and/or breaking of rules, and/or creating a physically and/or mentally harmful environment to other gym members. Please be advised that each location is under 24/7 video surveillance and that cameras are monitored regularly.
Misconduct includes, but is not limited to:
a) Damage of property

b) Stealing of property

c) Security breach (includes, but is not limited to tampering with CCTV, interfering with the door locking mechanism)

d) Harassment of other users (includes, but is not limited to verbal, physical, and sexual harassment)

e) Leaving the gym unclean and/or unsanitary

f) Sneaking in non-paying members

g) Overstaying a session
No Steroids, alcohol or other illicit substances including but not limited to marijuana & vape. Member understands that the Club bans the use of these substances and items, and member agrees not to use, sell or exchange these items and substances on the Club premises.
Use of medication, prescription or otherwise, must be done at the user's discretion. Aira Fitness is not liable for misuse of personal medication, or any harm done to any individual under the influence of personal medication. In case of injury or medical emergency, please immediately dial 911.
CAPACITY:
Your membership only covers you. If you bring any guests, your account will automatically by charged $15 for a day pass per guest. The exception to this rule is if you currently have guest privileges on your account. In the case of a membership that includes guest privileges, Private Studios allow for 1 guest per session, per member. Members may bring a different guest each gym visit, but are only permitted 1 guest per gym visit. In the case where two members are splitting the cost of the guest privilege membership, members are not permitted to bring any non-member guests.
LEAVE ON TIME:
Please adhere to your booking time and leave the gym punctually so that the next user can enjoy their session.
CHECK YOUR BELONGINGS:
Please check that you have recovered all of your personal belongings (phone, wallet, headphones, etc) as Aira Fitness is not liable for lost or forgotten items in the facility. If an item is forgotten after your session time has expired, please notify an Aira Fitness representative and we will recover it for you as soon as possible.
NOTIFICATION OF PROMOTIONS:
By creating an Account, User agrees that the Company may send you informational content via the app, (SMS) messages, electronic direct mailers (EDM) as part of the normal business operation of his/her use of the Services.
RECIPROCITY:
Membership to the Club allows member to access other Aira Fitness locations free of charge as long as member has multi club access privileges. Members use of all Aira Fitness locations is subject to the terms of this Agreement and has the same obligations to any Aira Fitness location, including the assumption of risk and waiver of claims. Member understands that if member uses another Aira Fitness location more than their original sign-up club, the membership may be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, member agrees that monthly dues will be the price of the new home club and may have to sign a new membership agreement with that club. Member understands that in a case where a membership delegates a certain number of sessions per week, that this number of sessions is a grand total for usage across all locations, and is not that number of session per club, per week. Member agrees not to conduct any kind of commercial or business activity in the Club and shall not act as a personal trainer for anyone within the Club, unless both patrons are members with active memberships in good standing. A personal trainer found training non-members in any location will have their membership immediately revoked.
7 DAY PASS TRIAL:
Client may join any Aira Fitness location on a 7 day trial basis. Client may terminate their membership without financial obligation at any point during the 7 days by contacting Aira Fitness, returning their key fob, and completing a cancellation form. Cancellations must take place in person and will not be processed over the phone, via text, email, social media, or the gym master app. If a trial pass is not terminated by the end of the 7th day, Aira Fitness will assume the member would like to stay on as a gym member, and will thus be automatically charged the agreed upon non-refundable membership sign up fees as outlined in the contract. No refunds will be given once charged. It is the member's responsibility to keep track of their 7 days. All 7 days must be used consecutively and cannot be broken up.
HOLD POLICY:
Client may place a gym membership on hold for $10.00 per month, on a month by month basis. Membership will not be automatically held for more than 1 month. Client is responsible for notifying Aira Fitness if they'd like to continue the membership hold. Failure to contact Aira Fitness with a request to continue holding will result in a non-refundable full month's charge each consecutive month. Client may request a membership hold at any time, assuming their account is in good standing and no money is currently owed. Client may reactivate a held membership by scanning their key fob at any location. Breaking a membership hold mid-month will result in a pro-rated charge for that month.
CANCELLATIONS:
After the member's right to cancel period noted (if any), member may cancel membership by making an appointment to come by the Club at least 30 days in advance of the cancellation date, returning their key fob, and completing a cancellation form. Cancellations must take place in person and will not be processed over the phone, via text, social media, the gym master app, or email. Please keep in mind that clubs are not always staffed, and staff are not typically available on weekends or holidays, so therefore we encourage each person to set an appointment with the facility by emailing the club directly. Emails of each individual club can be found at the website: www.airafitness.com.
- Aira Fitness is not liable for a member wanting to cancel with last-minute notice who receives the next month's charge if the billing date occurs on a weekend, holiday, or other day staff may not be available. As refunds in this case are not possible, it is the members responsibility to provide notice of their desire to cancel 30 days or more prior to their next billing date.
- Aira Fitness is not liable for a member moving away without notifying the club. If you have already relocated, are more than 25 miles away, can verify your new address, and need to cancel your membership, you may do so by requesting a cancellation form via email, completing the form, sending it back to us, and at that point your membership will be cancelled.
- Aira Fitness is not liable for not automatically cancelling a member's membership due to non-use for any reason.
- Aira Fitness is not liable for members attempting to cancel via text or social media, and not receiving a response.
- If you die or become totally or permanently disabled, upon reasonable notice to the Club with proof of the death or disability, either you or your estate may cancel this Agreement.
LIABILITY FOR PERSONAL PROPERTY:
The Club is not liable to member or any guest for any personal property that is damaged, lost or stolen while on or around Club premises including, but not limited to, a vehicle or its contents or any property left in a locker. If member or guest cause any damage to the Club, member is liable to the Club for its cost of repair or replacement.
LIABILITY FOR FOX LAKE WATERFRONT POD:
Please understand that you are using this facility at your own risk. While Aira Fitness has sought the guidance of experts and engineers to ensure the safety of all members, this structure is on a floating platform which inherently comes with risks. Please use caution while operating fitness equipment including but not limited to free weights, strength machines, and cardio equipment.
Please use caution when boarding the platform. Please use increased caution during severe weather. In case of lightning, please remain inside the pod for your workout, and do not exercise on the outdoor portion of the platform.
We invite you to enjoy the outdoor space on the platform with the understanding that you, as an Aira Fitness Member, take full responsibility for personal injury and any equipment or personal items that may fall into the water. With damage or loss of gym equipment, Aira Fitness reserves the right to charge your account with a repair or replacement fee.
Entering the water from the platform is not permitted under any circumstances.
No lifeguards or safety personnel are on-site at this facility. In case of an emergency, please dial 911 immediately.
FACILITIES AND SERVICES:
Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.
VIDEO NOTICE:
Member understands that the Club uses unmonitored video surveillance and access card usage is logged, which both may be retained by the Club for future use.
LIMITATION OF LIABILITY:
Member agrees that, unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Member agrees that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these.
MISCELLANEOUS:
This is the whole Agreement between the parties and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This Agreement may not be amended or modified except in a writing signed by both parties.
CELL PHONE TEXT MESSAGING:
Member agrees to receive text messages from the Club updating on membership benefits. Member understands that they have the option to opt-out from receiving these updates by replying STOP to any message to opt-out. Message and data rates may apply. Personal E-mail Address. Member also will receive occasional emails from Aira Fitness updating the member on membership benefits. Member may opt-out from receiving these updates by replying and requesting to be unsubscribed. Member agrees that Aira Fitness may use the e-mail address and other personal information as stated in the Privacy Policy available at www.airafitness.com.
no mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.