This agreement between HERCULEAN STRENGTH, LLC (also referred to as “seller” in Paragraphs 3 and 4 below) and the Member whose name is written above was signed by both parties upon receipt of payment in full by HERCULEAN STRENGTH, LLC receipt which is hereby acknowledged. The term listed above is subject to the terms, conditions and limitations described below.

1. Access to Facilities and Equipment. Herculean Strength, LLC agrees to provide the Member with access to and use of its facility and equipment during regular business hours through the date of expiration of this Agreement, subject to all rules, regulations and conditions applicable to such access and use. Applicable rules, regulations and conditions may be posted in writing within the facility or may be communicated verbally by HERCULEAN STRENGTH, LLC management personnel. I will not allow any non-member to use my access code. I may bring a guest. I understand and agree that I will be responsible for any claims, damages and charges made by or caused by an unauthorized guest I allow in Herculean Strength, LLC.

2. Risk of Injury and Limitation of Liability. The Member hereby agrees to accept full responsibility for determining the existence of, and implementation of any restrictions required by any physical or medical condition or limitation which may affect his/her ability to use any of the equipment available for use in connection with this Membership Agreement. By signing his/her name below, the Member agrees that HERCULEAN STRENGTH, LLC (including its owners, managers and/or employees in such capacity or as individuals) shall NOT be responsible for any injury, harm or loss which may occur or arise as a result of any misuse by the Member of any equipment or apparatus made available by HERCULEAN STRENGTH, LLC or as a result of a member using such equipment or apparatus in a manner other than it was intended to be, or by virtue of Member’s presence at the HERCULEAN STRENGTH, LLC facility or through conduct or behavior found to be unreasonable or irresponsible. I understand and agree that Hercules Gym is largely an unsupervised fitness facility. There will be times throughout the day when there will be no employee on site to help members use the equipment or exercise in the manner that the member chooses.

3. Use of Hercules. Members agree not to allow any non-member access to the facilities with their access code. Members are allowed to bring guests during staffed hours. The member is responsible for their guest and. The member is responsible that the guests they bring with them will pay their guest passes. The member is responsible to ensure that the guest makes payment for their guest pass. The member is also responsible for any claims and damages made by or caused by an unauthorized guest.

4. Damaged, Lost or Stolen Property. Hercules Gym is not responsible for any personal property that is lost, stolen or damaged while the member is in or around the facility. The member also understands and agrees that the member is liable for damage caused to the equipment or the infrastructure of the facility and the member is responsible for reimbursing Hercules Gym for any damage that is caused.

5. Physical Condition. The member agrees that they are in good physical condition and that there is no medical reason that will impair them from their intended use of the Hercules Gym facility. If there is a reason for any health or medical concerns, now or any time after the member joins, the member will discuss them with a medical professional before resuming use of Hercules Gym.

6. Consumers Right to Cancellation. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE SIGNED DATE… Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified above. Such noticed shall be accompanied by the contract forms, membership cards and any other documents or evidence or membership previously delivered to the buyer. All money paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of health gym services, any such negotiable instrument executed by the buyer shall also be returned within fifteen days.

7. Additional Rights to Cancellation. You may also cancel this contract for any of the following reasons:
• If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months
• If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing
• If you move your residence more than twenty-five miles from any health gym operated by seller
• If the services cease to be offered as stated in the contract
• All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within fifteen days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representation the services used or complete, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health gym services, any such negotiable instrument executed by the buyer shall also be returned within fifteen days. HERCULEAN STRENGTH, LLC may require reasonable evidence in support of any grounds asserted pursuant to this provision as a basis for cancellation of this Agreement.

HERCULEAN STRENGTH, LLC may require reasonable evidence in support of any grounds asserted pursuant to this provision as a basis for cancellation of this Agreement.

8. Permission to Use Imagery. The Member gives permission to allow HERCULEAN STRENGTH, LLC to capture and use their image in photo or video for publication or advertisement in any way deemed by HERCULEAN STRENGTH, LLC to be advantageous for marketing or promotion purposes.

9. DAMAGED, LOST OR STOLEN PROPERTY I understand that the gym owners and HERCULEAN STRENGTH, LLC, Inc. are not responsible for any of my personal property that is damaged, lost or stolen while in or around any HERCULEAN STRENGTH, LLC location. I understand and agree that I am liable for all damage I cause to the equipment or physical infrastructure of the gym facility and will reimburse HERCULEAN STRENGTH, LLC for any damage I cause.

10. IMPORTANT NOTICE FOR HEALTH GYM MEMBERS:
NEW YORK STATE LAW REQUIRES CERTAIN HEALTH CLUBS TO HAVE A BOND OR OTHER FORM OF FINANCIAL SECURITY TO PROTECT MEMBERS IN THE EVENT THE GYM CLOSES. THIS GYM IS EXEMPT FROM THIS REQUIREMENT. YOU MAY ASK A REPRESENTATIVE OF THE GYM FOR PROOF OF THE CLUB’S COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, A.E. SMITH STATE OFFICE BUILDING, 80 SOUTH SWAN STREET, P.O. BOX 22001, ALBANY, NY 12231.

Each party to this Agreement, by signing his/her name in the space provided below, indicates his/her understanding of, and agreement to the terms, conditions and requirements specified herein.