Terms and Conditions

Member or Guest Health Warranty: Member or Guest, as the case may be, warrants and represents that they have NO disability, impairment or ailment preventing them from engaging in any form of exercise, health program or activity that could cause increased risk of injury or adverse health consequences as a result. If Member or Guest is in doubt as to their fitness training or recreation capabilities, they should consult their personal physician prior to engaging in any of the Fortis activities or utilizing the Fortis facilities. Member or Guest agrees and accepts that their use and participation in any and all Fortis programs and equipment is undertaken by them solely and entirely at their own risk. Member or Guest, as the case may be, hereby indemnifies, waives and releases Fortis Fitness and Strength Training, LLC and its subsidiaries, affiliates, employees, subcontractors, officers, representatives, agents, organizers, and successors (collectively, “Fortis”) from all liability, cost, suits, demands, claims, and/or damages as a result of personal injury or property damage (including reasonable attorney fees and costs) occurring as a result of Member or Guest’s use of equipment and/or participation in any Fortis class or training, or any other matter related to Member or Guest’s Fortis involvement.

Rules, Regulations, and Schedules: Member or Guest agrees to abide by the rules, regulations, and schedules of Fortis, which may be posted at the facility or issued orally by staff. It is to be expected that there may be occasional delays in using fitness equipment or that Member or Guests may not always be able to attend preferred group classes. Fortis reserves the right to change class types and times offered at any time. The availability of classes and equipment is subject to demand and available on a first come first serve basis. Class spots may be reserved in advance through our online scheduling software. In order for the Member or Guest’s reservation to remain valid, the Member or Guest must be ready and in the class studio five minutes prior to class start. If the Member or Guest cancels less than 120 minutes prior to class start or does not show up for a reserved class, Member or Guest may be charged a $3 penalty fee.

Member or Guest Responsibilities: Member or Guests responsibilities include without limitation, the following: (1) re-racking and/or replacing all equipment after use; (2) entering and exiting the club through the main lobby entrance; (3) presenting their Member or Guest card upon entering the club; (4) limiting their utilization of the lockers to day use only; (5) not using a cell phone in the main workout areas; (6) wiping down equipment after use; and (7) the cost of any and all damage caused by the Member or Guest.

Attire: Before participating in any exercise routine, you must be dressed in proper clothing that does not interfere with the use of equipment and/or the facility and clean, closed-toed athletic shoes for use of the weight/turf area.

Possessions, Personal Property, and Locker Use: You are solely responsible for your own personal possessions. Fortis provides lockers for your use and recommends that you do not store valuables – even with a lock. Lockers are not permitted for overnight or extended use. Belongings left in a locker overnight will be removed, held for 30 days, and if unclaimed, donated to charity. To the extent permitted by law, Fortis, its owners, managers, and employees are not liable to Member or Guests for any personal property that is damaged, lost or stolen, including but not limited to a vehicle or its contents or any property left in a locker. In the event this exemption clause is held by a court or arbitrator to be unenforceable, Member or Guest agrees and accepts that Fortis’ maximum liability shall not exceed $100.

Terms of Payment: Non-contract purchases can be made with either credit card, cash or check. All Auto-pay Member or Guest use shall require a credit card on file. Monthly Unlimited Auto-Pay (contract) Member or Guest use payments are due on the first of the month and continue on the first of the month thereafter. Any partial month prior to the first of the month will be prorated accordingly. Yearly Unlimited Auto-pay (contract) Member or Guest use payments are due on the activation date and will continue on that day each year thereafter. Member or Guest use may be cancelled in accordance with the “Cancellations” section of this Agreement.

Return/Refund Policy: Unused merchandise with tags may be returned within one (1) month of purchase with receipt.
All sales of series, memberships, appointments, contracts, packages, workshops and events are final.

Rate Changes: Monthly rates are subject to change unless protected for a period of six months. Advance notice of no less than thirty (30) days will precede all rate changes and will be provided in writing to all Member or Guests. Where an Electronic Funds Transfer (“EFT”) has been authorized, we will assume any rate change as accepted by a Member or Guest unless Fortis is notified otherwise in writing.

Minors: Except for the Fortis KidFit program (which is available for infants at least 12 weeks old), minor Member or Guests must be at least twelve (12) years of age. A parent or guardian must accompany minor Member or Guests less than twelve (12) years of age who wish to attend or participate in activities and/or use equipment – unless in the event of prior consent by a Fortis Manager (e.g., for group youth training activities).

Prohibited Uses: Any tobacco product (smoke, smokeless, chewing, etc.), alcohol and the use of drugs are strictly prohibited while in the Fortis facility. Food and open containers of beverages are prohibited. Weapons, explosives, firearms or other items classified by law as a weapon are strictly prohibited. Failure to abide by this Agreement shall result in the immediate termination of Member or Guest privileges. Tampering with or defacing Fortis property and/or equipment will be prosecuted to the full extent of the law.

Involuntary Termination: Fortis reserves the right to cancel any Member or Guest if either are found to be disruptive or in violation of any rules set forth by Fortis from time to time.

Membership Cancellations: There is no minimum commitment required for Monthly Memberships, and therefore can be canceled at any time with 30 days' notice. Annual Prepaid Memberships require 30 days' notice to cancel prior to the renewal date. All contracts will be cancelled 30 days from receipt of notice, unless longer than 30 days is requested. Any membership charges due within the 30 days will be prorated based on the date received. All membership cancellations are required in writing (email [email protected]). Failure to use the club facilities does not relieve obligation under this agreement.

Personal Training Cancellations: All personal training appointments require 24 hours’ notice. If cancelled with less than 24 hours’ notice, client will be charged the full session price.

Late Payments or Return Items: Member or Guests shall be charged a $25 fee for any late payments or items returned for “insufficient funds (NSF), Do Not Honor or other equivalent” by a Member or Guest’s financial institution or credit card.

Member or Guest Hold Policy: Annual Prepaid Members may place their account on hold for one (1) month per contract year. Monthly members may not place holds or suspensions on their accounts.

Camera Usage: Taking photos or video at Fortis is not allowed without prior approval by management and those being filmed or photographed.

Privacy Policy: We take your privacy seriously and will take all measures to protect your personal information. Any personal information received will only be used by Fortis. We will not sell or redistribute your information to anyone.

Entirety of Agreement: This Agreement constitutes the entire agreement of the parties. Any promise, representation, understanding or agreement pertaining directly or indirectly to this Agreement may be modified in writing by the Owners/Manager of Fortis only. Employees are not authorized to make any independent agreements or changes to this Agreement at any time with any Member or Guest.

Hours of Operation: Fortis reserves the right to change the hours of operation for any reason. Examples include, but are not limited to: Holidays, Member or Guests Usage, Maintenance, or Community Services.

Dispute Resolution: This Agreement shall be construed and interpreted in accordance with California law. Any controversy or claim arising out of or to this Agreement, or the breach hereof shall be resolved by arbitration conducted by, and in accordance with the rules of the American Arbitration Association. Any such proceeding shall be held in the County of San Diego in the State of California. In the event of any litigation, arbitration, mediation, or other proceeding arising from this Agreement, the prevailing party shall be entitled to its costs and expenses in connection therewith, including, without limitation, reasonable attorneys’ fees.

Publicity: Fortis has my permission to use any picture or likeness of me or my children, in their general publicity and campaign materials.

Severability: If any provision or clause of this Agreement shall be declared invalid, illegal and/or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.