The Club Membership shall entitle a Member to the following amenities:

• Access to your local club gym, fitness classes, health and performance practitioners, locker rooms, spa facilities, member's lounge, and other member events and programs
• Includes one each of the following: body composition assessment, health coach session, sports medicine consult, and personal training session; must be used within first year of becoming a Member
• Ability to choose one (1) complimentary 25-minute service each quarter such as coaching, performance science, musculoskeletal and joint health assessment, personal training, nutrition, or spiritual wellness (takes place at club or virtual depending on session selected); service choice option does not rollover and must be used within each applicable quarter of Membership
• Member pricing on all services, activities, and select retail (at Fort Worth Club and virtual)
• Members to have first access to exclusive events and promotions; offers from brand partners will vary but may include special pricing, promotions, reciprocal use of facilities, etc.
• Options to bring guests to Club according to Guest Policy listed in Club Membership Rules and Policies

UPDATED: 06/30/2023

Subject to the official opening of the Club, the term of this Agreement begins upon the date of complete execution and continues for one (1) year (“Term”). The Agreement will then automatically renew for successive one-year terms, unless written notice of non-renewal is received not less than thirty (30) days prior to the renewal.

Member is required to maintain a current credit card account in Member's name with the Club at all times

Member hereby agrees to pay to the Club the membership fees, charges and any applicable sales tax or other taxes for the category. The current amount of fees will be set forth on a separate Schedule of Fees and Charges, and is subject to change by the Club in its sole discretion.

Membership is contingent upon approval by the Club, which approval shall be at Club’s sole discretion. Upon signing and submission of this Agreement to the Club, Member authorizes the Club to obtain and review such information necessary for investigation of member’s qualifications for Membership, including Member’s credit history.

Member understands that the membership will be issued only after Member has been approved for membership and has paid the required membership Initiation Fee in full. The Initiation Fee is non-refundable except as required by law. The membership issued to the Member is not transferable.

All dues, fees and charges will be billed directly to Member’s card on file at the time of purchase. In the event that any amounts owed to the Club are not paid on a timely basis, Member understands that Member may be charged a late fee and may receive additional penalties in accordance with the Club Membership Rules and Policies. Member shall maintain a current credit card account in Member's name on file with the Club at all times. In the event Member's account is more than thirty (30) days past due, the Club shall have the right to bill such past-due amounts to Member's credit card. Member agrees that the Club may take whatever action it deems necessary to effect collection, including without limitation, suspension or termination of my membership or legal action, and that they shall be liable for all costs and for any expenses of such legal action and reasonable attorneys’ fees, including any fees required in connection with appellate proceedings.

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law.

Member acknowledges that membership in the Club is a revocable non-exclusive limited license for the use of the Club facilities in accordance with this Agreement, the Club Membership Rules and Policies and Schedule of Fees and Charges, as may be amended from time to time by the Club. Membership is not an investment in the Club, or the Club facilities, and does not give any member a vested or prescriptive right or easement to use the Club facilities. The Club reserves the right to take any of the following actions from time to time and at any time (a) terminate or modify the membership documents or any part thereof, (b) reserve Club memberships, (c) modify any or all of the Club facilities or access to amenities, (d) sell, lease or otherwise dispose of the Club facilities in any manner whatsoever and to any person whomsoever, (e) issue add, modify or terminate any type or category of membership, (f) convert the Club into a member-owned club, (g) suspend or terminate membership privileges or a membership for disciplinary reasons as provided in the membership document, and (h) make any other changes in the terms and conditions of the membership or the Club facilities available for use by members.

Member as a condition of membership and each guest as a condition of invitation to the Premises assumes sole responsibility for his or her personal property. The Club is not responsible for lost property or articles stolen from anywhere on the Club Premises and specifically disclaim any such responsibility. Any Member, guest or other person who, in any manner, makes use of or accepts the use of facility, privilege or service whatsoever owned, leased or operated by the Club, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the Club's Premises, shall do so at his or her own risk and assume all risks associated with accessing the Club Premises and the facilities of any participating reciprocal clubs, including, but not limited to, dining and event rooms, amenities, outdoor areas and grounds. The Member and his or her guests shall indemnify, defend and hold the Company, any manager of the Club Premises, their affiliates, their successors and assigns and their respective shareholders, partners, directors, officers, members, employees, representatives, agents and members of the Club's advisory committee (collectively, the "Indemnified Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by him or her, resulting from the use of the Club Premises, or otherwise, arising out of or incident to membership in the Club and/or from any act or omission of any of the Indemnified Parties, unless caused by the willful wrongful act of an authorized representative of the Club. Any Member shall have, owe and perform the same obligation to the Indemnified Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest.

COVID-19 or Other Communicable Diseases. Member agrees to comply with all Club policies and precautionary measures for limiting the contraction or transmission of COVID-19 (or any variants or mutations thereof) while at the Club. Member acknowledges that the risk of contracting a communicable disease at the Club, including without limitation, COVID-19 can never be fully eliminated, and agrees that all of the assumptions of risk, releases, and indemnities described in the foregoing paragraph which benefit the Club Parties shall apply to injuries or death of Member, Member’s family and guests which relate to or arise out of contracting COVID-19 or other communicable diseases while at the Club, to the extent that such injuries and death are not the direct result of the gross negligence or willful misconduct of an employee or agent of the Club.

Except with respect to the disciplinary proceedings as specifically provided in the Member Conduct Section of the Rules and Policies, each and every dispute, claim or other matter of disagreement between and among the Club, its officers, directors, affiliates and any Club Member or applicant for membership relating to or arising out of this Agreement or Member or applicants presence on the Premises shall only be decided by mediation, and if necessary, arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force, and no right shall exist to have any such dispute litigated in a court or by jury trial; provided, however, that the Club shall have the right to collect, through a court proceeding, any Club account or other amount owing as a result of the members' loss or destruction of the Club's property or injury caused to any party. Both the Club and Member acknowledge and agree that claims and counterclaims shall only be alleged on an individual basis and shall not be joined with additional claimants, other than family members, or as part of a class or group action or proceeding. If a member makes a legal claim against the Club, any remedies, if any right to relief is established, shall be limited to the full refund of Member’s Initiation Fee actually paid and upon such refund, the membership shall be terminated. Mediation shall be held in Tarrant County, Texas and the fees and expenses of the mediators (or such single mediator) shall be borne equally. Either party may submit the matter to binding arbitration. The arbitration proceeding shall be held in Tarrant County, Texas. The decision of the arbitrators, where appropriate, shall take into account the operation of the Club and its Premises in comparison to the operation of other similar clubs in Tarrant County, Texas. The arbitrators shall investigate the facts and shall hold hearings at which the parties may present evidence and arguments, be represented by counsel and conduct cross-examination. The arbitrators shall render a written decision upon the matter presented within thirty (30) days after the date upon which the last party submitted its position paper to the arbitrators, and such decision shall be final and conclusive upon all parties. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof, and the judgment shall be entered unless the award is vacated, modified or corrected as provided by law. The parties shall advance on an equal basis any necessary costs of the arbitration, such as reporter's fees and arbitrator's fees. The prevailing party shall be entitled to recover as part of the award all such advanced costs and reasonable attorneys' fees and related costs, fees or expenses of the arbitration.

Member has read and acknowledges receipt of the Club Membership Rules and Policies attached hereto as Exhibit A. Member agrees that said Club Membership Rules and Policies may change from time to time and that if they do, they will be available on the Canyon Ranch website for review. Member agrees to be bound by and abide by the terms and conditions of the Club Membership Rules and Policies and acknowledges that they are not relying on any oral representations in acquiring a membership in the Club.

The following Club Rules and Policies are intended to promote the positive and safe experience of everyone associated with the Club. They are not intended to deal with all conceivable issues that may be presented for governance. We consider these policies to have the force of bylaws and we intend to enforce them by sanctioning Members and guests who violate them and in certain cases, suspending or terminating Members’ and guests’ access to the Premises.

Canyon Ranch Fort Worth Club is a wellness club that features fitness activities, spa and salon services, health coaching, sports medicine, special member programming and events, casual work-spaces and facilities for special events (“Special Events”).

The Club hours will be posted on the Club’s website and may be subject to change. The Club may be closed for a specified period or for public holidays, cleaning, or maintenance, or any other reason Club Management deems to justify temporary closure, with notice to Members whenever possible.

It is understood that, subject to the Rules and Policies of the Club, that management shall have the exclusive right to determine the monthly fees which will be charged to all members of the Club. Membership in the Club does not confer any ownership in or liability in connection with this membership other than the payment of the sum set forth above, the applicable membership dues (as established from time to time), and charges incurred by member and guests in use of the facilities of the Club

You are required to check in at the front desk upon entry to use the spa, salon, gym or locker room. In order to access and use the club, you must display your membership card, key fob, mobile app barcode or other access and identification method made available by the Club.

The Club reserves the right to require you to maintain a photo or copy or your photo identification on-file with and/or to show photo identification or otherwise verify your identity before entering the Club.

Members may park only in appropriately designated parking areas.

All guests must: (i) be accompanied by the Member, (ii) complete a guest liability waiver at the check-in desk, (iii) present photo identification and (iv) adhere to all the Club Rules and Policies. Member shall be able to purchase 2 discounted guest passes per month for use of facilities and classes; unused guest passes will not rollover to the following month. Guest passes permit access to fitness floor, classes, locker room, and select events within the same calendar day. Members may purchase additional guest passes at full rate for use by their guests. A guest of a member may not use the Club more than two calendar days during a calendar month and shall not exceed 12 calendar days per calendar year. Member may purchase additional guest passes at a full rate for use by their guests. Guests are not allowed access to Member Floor unless otherwise stated in writing for specific events or use of conference space. The Club reserves the right to, in its discretion, (i) limit the hours available to guests; (ii) limit the number of times any one individual may access the Club as a guest; and (iii) prevent any individual from accessing the Club as a guest. It is understood that, subject to the Rules and Policies of the Club, management shall have the exclusive right to determine the guest policy which may be modified from time to time.

UPDATED 6/30/2023

Unless otherwise stated in writing on an offer, Member Pricing entitles Member to 10% off services, activities, and select retail at the Club and online. All discounts apply to the then-current published applicable rates, personal services, standard package rates, merchandise purchased but does not apply to any other promotional discounts or special rates offered by the Club unless otherwise stated in writing on the offer.

Members may host Special Events in designated areas of the Premises, working with the Club’s special events manager to arrange dates, times, food, beverage and other aspects of the event. Hosting Members shall comply with all terms and conditions of the Special Event agreement with the Club, which shall be in addition to the terms and conditions of these Rules and Policies. From time to time, the Club or selected portions of the Club may be designated as private event spaces. Notice shall be given to Members regarding use of the entire Club for a private event booking.

Payment may be made by cash, check or credit card and shall be settled at the time of purchase. The Club reserves the right to implement an ACH, credit, or debit card billing system such that all dues, fees and charges are billed to each member's approved account. In the event the Club implements such a system, it will give notice to such effect to the members.

You may cancel or reschedule your Service up to twenty-four (24) hours before the Service is due to start. You will be charged for the full cost of the Service if you cancel or reschedule with less than twenty-four (24) hours’ prior notice or if you fail to show up to your Service. You are not entitled to any refund for or reinstatement of any late-cancelled or missed Service. All sales of Services are final and non-refundable, except as required by law. Services and Treatments have no cash value and are non-transferable and non-descendible. Your purchases of any Service and Treatments are the purchase of services to be provided by the Club, not by any particular trainer, instructor or therapist, and the Club reserves the right to change or substitute your trainer, instructor or therapist at any time. For Treatments, if you have specified a gender request for your therapist and the Club is unable to accommodate that request for the scheduled time, the Club will work with you to reschedule or, if needed, cancel your Treatment.

There will be an automatic 23% service charge added on all spa treatments, salon treatments, and personal training services. Service charge may be subject to change.

UPDATED: 11/07/2023

As a benefit of your new membership and otherwise from time to time, the Club may provide you with certain complimentary or promotional items, including without limitation, complimentary personal training, health and performance services, spa treatments, or other account credits or promotional gift cards (collectively “Complimentary Items”). Complimentary Items are offered at the Club’s discretion, have no cash value and are non-refundable, non-transferable and non-descendible. Complimentary Items expire twelve (12) months after the date of issuance, unless otherwise expressly stated on a voucher or other written terms and conditions for a Complimentary Item. All applicable Policies, including without limitation regarding booking and cancellation, apply to your use of Complimentary Items. Credits provided as a Complimentary Item may be used to purchase ancillary services and eligible retail merchandise, but may not be used towards membership dues, food and beverage purchases or any other third party services offered at a Club. Complimentary Items may only be redeemed and used while you are a member in good standing and will become null and void upon any cancellation of your membership. Complimentary Items will not be considered in computing the amount of any refund to which you may be entitled upon cancellation of your membership.

The application for designated second membership shall require proof that the designated person’s primary residential address is the same as the Member's and may require any other information deemed appropriate in the Club's sole discretion. The Member and the Second Member shall be jointly and severally responsible for all dues, fees and charges related to the membership.

Smoking or vaping is not permitted inside the Premises. Members and guests wishing to smoke cigarettes or cigars must restrict such activities to areas designated by Club Management.

We expect our Members to treat Club staff with appropriate respect and dignity. If a Member or guest has an issue with any employee of the Club, the matter shall be addressed directly to the General Manager. A Member may at no time employ a Club Staff Member without prior written permission of Club Management.

We will not allow solicitation of Members for business opportunities, for fundraising, to join other organizations, or to promote religious or political causes, nor will we allow the distribution of unsolicited marketing materials to Members or the posting of any notices or advertisements not pre-approved by Club Management.

Services and Treatments are voluntary activities in which you may elect to participate. You understand and acknowledge that the nature of personal training, exercise classes and spa treatments may require close contact between you and your trainer, instructor or therapist and that he or she may need to touch your body to provide adjustments and guidance as necessary. You may end your Service or Treatment if you feel uncomfortable at any time. If you have any concerns as to how a Session or Treatment was conducted, please raise those concerns with the Club General Manager. The Club upholds its personnel to the highest standards of professionalism, and expects the same in return from you. If you make any inappropriate or sexually suggestive remarks or advances, your Service or Treatment will be terminated immediately and the Club may, in its discretion, terminate your membership or take other action it deems appropriate.

Sexual harassment or unwanted sexual advances toward members and/or staff of either sex or any other harassment based upon an individual's race, color, religion, sex, ancestry, national origin, age, disability, medical condition, sexual orientation, gender identity, or marital status will not be tolerated. Any Member who is disturbed by any of the conduct described above is urged to report such matters to Club Management (General Manager or Director of Membership and Communications), or to any Club Manager on duty.

Illegal drugs are not permitted on the Premises at any time. Any Member found guilty of consuming or bringing illegal drugs onto the Premises, or whose guest is found engaging in such acts, will be ejected from the Premises, will be reported to the police and may have their membership terminated.

No animals are allowed in the Premises, except for dogs trained to do work or perform tasks for an individual with a disability as a service animal as required by law.

In consideration of our neighbors, Members are required to leave the Premises quietly at all times and to ensure the quiet departure of their guests.

The Club may enter into reciprocal arrangements with other clubs or organizations on such terms as it shall decide in its sole and absolute discretion from time to time and any such arrangements may be terminated or modified by the Club at any time. Such reciprocal arrangements will be communicated to Members.

Club Management shall be the sole authority as to the interpretation of these Rules and Policies.

A Member may be subject to discipline at any time at the Club's sole and absolute discretion or for conduct violating provisions of these Rules and Policies, engaging in any illegal conduct at the Premises, for committing vandalism at the premises, engaging in altercations, or unreasonably disturbing other Members, guests, Staff or neighbors of the Club. Any Member whose conduct or whose guest's conduct (whether or not at the Club Facilities or directly related to the Club) shall be deemed by the Club to be likely to endanger the welfare, safety, harmony or good reputation of the Club or its Members or is otherwise improper, may be reprimanded, fined, suspended or expelled from the Club and have all privileges associated with the Membership suspended or terminated by the Club. Any Member accused of improper conduct shall be notified of the Club's proposed disciplinary action and shall be given an opportunity to be heard by the Club to show cause why he or she should not be disciplined. If such Member desires to be heard, the Club shall set a time and date (not less than ten days thereafter) for a hearing. While such complaint is being considered by the Club, the Club reserves the right to suspend a Member’s privileges at the Club. Notwithstanding the foregoing, the Club may, without notice and without a hearing, immediately suspend some or all privileges associated with a Membership and/or, after notice, terminate a Membership for failure to pay in a proper and timely manner any fees or any other amounts owed to the Club. A Member whose Membership is revoked shall not be entitled to any refund of monthly fees or the Initiation Fee.

Using cell phones, cameras or any other recording devices in locker rooms and other private spaces like spa treatment rooms is strictly prohibited.

As a courtesy to other members, you may not speak on your cell phone, or utilize any video chat application, while on the Club floor. You may take photos or videos in public areas of Club (including without limitation Club floors, studios, and the Spa) solely for your personal use. You may not take photos or videos in Clubs to promote your or any third party’s business, products or services. Use of any lighting, tripods or other such equipment is prohibited. You are expected to be respectful of other members, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken in a Club and another individual appearing in that content complains, the Club reserves the right to ask you to remove the post.

Lockers are provided solely for your benefit and convenience. You are responsible for locking your locker. The Club will remove any articles left in a locker overnight. It is discouraged to bring valuable personal property to the Club; however, there are a limited number of safety deposit boxes for items you wish to lock up, subject to availability.

You are required to wear appropriate athletic attire and footwear when using any Club equipment and participating in any group fitness class, training session or other activity. For wet areas in the locker rooms, clothing is optional; however, if you wish to wear clothing, appropriate swimwear is required. The Club may deny you use of the Club if you do not wear proper attire and footwear, as determined in the Club’s discretion. In certain group fitness classes, such as yoga, the instructor may require you to remove footwear for the class as a condition of participation.

Certain group fitness classes require advance booking and reservation, and you will not be permitted to participate in these classes unless you have properly booked and reserved your spot. You may book one (1) class online per class category. The Club may give away your reserved spot if you are not in the class at class start time. If you book online (including through our mobile app), you may cancel a booked class up to three (3) hours before the class starts. If you do not cancel within this allotted time period or check in by the start of class, you will be considered as having “missed” your booked class. If you miss three (3) bookings within a thirty (30) day period, you will be prohibited from booking classes online for a period of seven (7) days. Please avoid entering a class late or leaving a class early, as this is disruptive to other members’ experience.

Use of personal trainers who are not employed by the Club is strictly prohibited. You may not provide personal training services to, or receive personal training services from, any other member or guest, regardless of whether a fee is charged.

Children under fourteen (14) years of age are not permitted to use Club facilities, locker rooms and equipment.

Firearms and other weapons are strictly prohibited from being brought into Club facilities, even if you have a permit to carry a concealed weapon.

Club Management may create additional levels of Membership in the future and delineate the rights and responsibilities of those Members in an amendment to these Rules and Policies.

The Club reserves the right to prohibit you from accessing and entering the Club if there are any outstanding past-due/overdue amounts payable to the Club or your membership is otherwise not in good standing.

A Member in good standing may resign from the Club by giving written notice to the Club. The effective date of the resignation will be the last day of the month following the month in which the written cancellation notice is received by the Club. All charges for which Member is liable shall be due upon the effective date of resignation, and no resignation will be effective until such charges are paid in full. A resigned membership terminates the membership as of the effective date, along with all associated rights, benefits, and licenses. Member understands that upon Member’s resignation, the membership shall terminate, and Member shall not be entitled to any refund of the Initiation Fee. If a member desires to rejoin the Club, a new Initiation Fee must be paid by the Member.

Freeze Type: Medical Freeze
You are medically unable to use any Club. The Club may require you to provide a signed letter from your doctor and/or other reasonable evidence of necessity before granting a request for a Medical Freeze.

Duration:
Freezes are for consecutive calendar months.
Partial months freezes are not permitted.
Up to six (6) months

Frequency:
No limit for valid medical reasons

Freeze Fee:
None

Billing:
Billing of monthly dues will be held for the duration of the Medical Freeze.

Exclusions:
You are not eligible for any Freeze if you have a past-due/overdue balance or your membership is otherwise not in good standing.

How to Request a Freeze:
All Freezes must be requested in writing to the Club General Manager. Your membership will automatically revert to active status at the end of the requested Freeze period. Requests for all Freezes must be made in advance and at least five (5) days before the intended start date. Retroactive Freezes are not permitted.

No Use of the Club During Freeze:
Members are prohibited from accessing or using any Club while their membership is on a Freeze [other than any areas or services open to non-members, such as Retail or Spa services]. If you check-in to any Club while on Freeze, the Club reserves the right to revert your membership to active status, without further notice to you, and a prorate of your membership dues will be added to your membership account.

From time to time, the Club, its affiliates and their respective employees, representatives, agents or independent contractors, or the media, will take photos (still photographs and/or video recordings) of members, their family members and guests, including, without limitation, at special events, other types of Club events and in connection with special shoots for publicity or advertising purposes. These photos can be used in newsletters, brochures, social media, online advertising, print ads and on the Club’s, its affiliates’ and/or Club’s website, to advertise, promote and bring recognition to the Club, its affiliates and/or members. By signing this Agreement, Member acknowledges and agrees that one or more photo(s) of the Member, a family member and/or guest of the Member, may be used for any of the foregoing purposes.

The Members recognize and acknowledge that the Company is a limited liability company formed under the laws of the State of Delaware, which is solely responsible for the obligations and liabilities of the Company recited herein, arising hereunder, or in any manner related to the Club. The Members further recognize and acknowledge that no other person or entity, including without limitation (i) the Company's partners, owners, members or affiliates; (ii) any individual, including without limitation, any employee, officer, director, manager or agent of any of the foregoing; or (iii) any entity affiliated with the Company which may form, organize, provide services to, provide loans and funds to, negotiate for, provide personnel to, make representations on behalf of, and from time to time take actions on behalf of or for the benefit of the Company, by direct dealings with the Members or those acting for them, is in any manner liable or responsible for the obligations and liabilities of the Company, whether recited herein, arising hereunder, or in any manner related to the Company.