Rincon Fitness USA (“Rincon” or the “Club”) is providing these Membership Policies ("Policies") and the club rules, including rules listed here and rules posted in the club ("Rules") to ensure a safer and more enjoyable environment in which to exercise. So, please be thoughtful and observe the Policies and Rules that you, and all members and guests, have agreed to follow. Rincon may, in its sole discretion, modify the Policies and Rules without notice at any time. It's your responsibility to know and follow the most current Policies and Rules. All approved signs posted in the Club or on the premises shall be considered a part of the Policies and Rules of Rincon.
The following Polices and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and the posted club Rules, these Policies and Rules apply. The current Policies and Rules are also available on our website at https://www.rinconfitnessusa.com.
Quick Summary of Club Etiquette and Rules
(Please read this entire Policies and Club Rules document)
Put away all free-weights after use
Always place weights gently on floor
Use equipment only as intended
Read warning and instructional labels
NOTE: do not use chalk in the Club
Keep language and behavior appropriate for every member
"Work-in" and share equipment (be alert to people who may be waiting)
Members may not linger in the club beyond their exercise routine
Exercise routines should be of a reasonable and customary length of time
Apply the golden rule
What to Wear:
Gym shoes (no sandals or boots). Be sure they're clean (no tar, mud, sand, etc.)
Athletic style shorts or warm-ups/slacks/yoga pants
T-shirt or tank top (nothing cut off, cut up, or too revealing)
Be aware that belts tear upholstery
Be clean, be modest, be considerate of others, the facilities and equipment
Locker Use and Showers:
Lockers are for daily use only club (unless otherwise agreed to)
Be sure to lock your belongings—the Club is not responsible for lost or stolen items
Keep shower use brief (others may be waiting)
Pick up and dispose of your things (leave it the way you would like to find it)
Is for the enjoyment of all, which limits the variety and volume
We recommend a personal listening device if it's not to your liking
Photos or Videos:
Guest visits are available only during Business Hours
Members are responsible for the behavior of their guests
Guests must check in at front desk and show picture identification
Be sure that your guests adhere to all facility rules and club etiquette
Guests under the age of 18 must be under parental supervision at all times
Members may not leave their guest in the Club unaccompanied
Guest use is at the discretion of management
MEMBERSHIP FREEZE POLICY
Qualification and Notice Requirements: Rincon will only freeze your membership if you are in good standing, you have all initiation fees paid, you are current on your monthly dues, you provide at least 15 days’ notice prior to your next billing via email to info@RinconFitnessUSA.com, for a freeze request to allow Rincon to process your request, and you qualify for one of the categories below:
Medical Disability: You must provide Rincon with verification from your physician stating your medical disability will prevent you from using the Rincon facilities. The minimum term for a medical freeze is one month and the maximum is six months.
Active Duty Military Transfer or Extended Volunteer Assignment: You must provide Rincon with a copy of your transfer, deployment or extended volunteer assignment orders. There is no minimum or maximum for assignment freeze. If you request a specific freeze term less than six months, your membership and monthly Electronic Funds Transfer ("EFT") or credit card charge will automatically resume at the end of the specified time. If you request a specific freeze term greater than six months, or you do not specify a freeze term, you must contact Rincon to reactivate.
Temporary Employment Transfer: You must provide Rincon with verification from your employer, on company letterhead, that you are being temporarily transferred. The location of your transfer must be more than 25 miles from the Club. The minimum term for a temporary employment transfer freeze is one month and the maximum freeze is six months.
Permanent Member Relocation: If you relocate more than twenty-five (25) miles from the Club, and you are able to provide reasonable proof to validate relocation (letter of employment, lease, utility bill, military orders, driver’s license, etc.), you may cancel your membership agreement. Any past due balance for services or membership dues in addition to a $50 cancellation fee will be due immediately. A prorated portion of any prepaid amount will be refunded to you, less any past due balance and the cancellation fee of $50.
Extended Freeze: As a courtesy to our members, Rincon may approve or deny your request for an extended freeze for reasons other than those listed above. The minimum freeze time period is one month, and the maximum length of an extended freeze is 12 months. If Rincon does not receive notification to reactivate or further extend your freeze within 12 months, your membership agreement will be terminated.
Dues During Freeze: Once Rincon approves a membership freeze, no further dues will be collected with respect to such time and your right to use the Club facilities is frozen or suspended, so Rincon can deny you access during such freeze. In the event your membership is prepaid, the term of the prepaid membership shall be extended, without further dues, for the same period of the freeze. Except for military freezes greater than 6 months or unspecified, your membership will be reactivated and your monthly EFT or credit card charge will automatically resume at the end of your freeze period.
Freeze Request Decisions: If your request does not conform to this Membership Freeze Policy, you will be notified that your request has been denied and your membership shall remain active unless cancelled.
NOTE: there are no retroactive freezes.
USE OF CLUB FACILITIES
Availability of Facilities: Club facilities or services, including but not limited to, classes, equipment, and childcare may have limited hours, be discontinued altogether at anytime, or be offered on a “first come first serve” basis. Unless otherwise specified, Rincon reserves the right to charge a separate participation or reservation fee for any or all of these facilities or services. Use of Club facilities or services are authorized and limited pursuant to your membership agreement.
Conflicts Regarding Use: Please don't linger on the equipment because other members may want to use it. No member should monopolize the equipment or weights. If there is a sign-up list for the use of the equipment and a maximum time limit on its use then the directions for the use of the sign-up list are part of the club Rules and Rincon expects all the members to follow them. In short, observe gym etiquette. If there is a conflict over use, let Club management resolve it.
Specialty Classes: Rincon has specific procedures and Rules and may charge you for the use of special classes. Please see the front desk or read the posted information for these activities.
Weights & Other Equipment: As a courtesy, please replace the weights on the rack after you use them and wipe off any benches after your use. NOTE: do not use chalk when using any equipment or anywhere within the Club.
GENERAL POLICIES FOR MINORS
Please check with the front desk for specific Rules, Policies and fees covering on-site child care and minors. You and your minor children must follow any such Rules or Policies and pay any applicable fees. To join, all minors need the financial guaranty of a parent or guardian and the parent or guardian must sign the membership agreement.
Minors Under 14: May not use Club facilities at any time and must be accompanied by a parent or guardian at all times when in the facilities, unless the minor is registered in an on-site child care program or other approved youth program. Rincon does not permit children over six years old of the opposite sex in the locker rooms.
Minors 14 - 17: May use Club facilities without being accompanied by a parent or guardian if the minor is a member or a guest and their parent or guardian signed the financial guaranty and the membership agreement. Rincon reserves the right, in its sole discretion, to require that a parent or guardian accompany a minor.
Unless otherwise agreed to, the Club provides lockers for members to use only while working out in the gym.
You should always use a lock to protect your property. Do not leave any valuable property in a locker at any time.
Rincon is not responsible for any theft of or damage to your property.
If you leave a lock on a locker while you're not in the gym, Rincon will consider your property abandoned and has the right to cut off the lock.
If you leave your property, Rincon shall have the right to donate your property to charity.
PROHIBITED ITEMS AND ACTIVITIES
No Alcohol, Drugs, or Smoking: Please do not engage in any activity at the Club while under the influence of drugs or alcohol. Rincon does not permit smoking, alcohol, or illegal drugs, including steroids, in any of its facilities.
No Weapons: No weapons of any kind are permitted in the Club facilities.
Taking photos or filming of others is not permitted without their prior knowledge and consent, and under no circumstances is any photography or filming permitted within the childcare area or locker rooms.
Food & Beverages: Rincon reserves the right to limit the consumption of food or beverages in workout areas.
Personal Training: No member may train another member for compensation. If Rincon determines that such training occurs within the Club facility, the trainer and/or trainee may lose their membership.
Outside Equipment: Rincon reserves the right, in its sole discretion, to limit or restrict the use of outside equipment in the club.
Unsupervised Fitness Center: You acknowledge that the Club is an unsupervised fitness center. Member assumes all risks associated with using exercise equipment and exercising alone without the presence or supervision of club staff.
Release of Liability and Hold Harmless: You acknowledge and understand that the Club is relying upon your acceptance of the Assumption of Risk and Waiver of Liability agreement and Hold Harmless provision in allowing You to use the Club.
Medical Declaration by Rincon Fitness: Rincon cannot provide you with any medical advice or suggest any medical treatment. Only licensed medical professionals are qualified to give medical advice. You are hereby informed and acknowledge that Rincon has made no claims as to medical results that can or may be obtained through use of the Club facility. You represent that there are no medical or physical conditions that would prevent the safe use of the Club facilities. You further represent that you have not been instructed by any physician to not use the Club or similar facility.
Equipment Misuse is Dangerous: It is your responsibility to assure safe use of any and all equipment. Using equipment in a manner not intended by the manufacturer is prohibited. Member is strongly encouraged to take advantage of a free orientation or inquire with staff to insure the safe use of equipment.
MEMBERSHIP TERMS, PAYMENT AND PROVISIONS
Membership Term: The period covered by the first month’s dues, as well as any subsequent months of Membership for which payment is received, is considered the “Paid Period” of your membership. The term of your membership was specified when you enrolled as a member.
Enrollment Fee: Unless otherwise exempt, you are required to pay a non-refundable enrollment fee as a requirement of membership. As long as the membership is maintained in good standing the enrollment fee will be charged only once during the term of the membership. The enrollment fee may change from time to time at the discretion of Rincon.
EFT Payment Authorization: Unless otherwise agreed to, all reoccurring and incidental charges are conducted by means of Electronic Funds Transfer (EFT). You hereby authorize Rincon’s third party billing administrator to electronically and automatically bill your bank or credit card company (as indicated) for payment by way of EFT. This EFT billing may apply to: monthly dues, items purchased for sale, incidental/service charges as a result of Insufficient Funds, or other usage and service associated fees. EFT is a generally accepted form of payment and you maintain full control and privacy over your accounts at all times.
Non-Payment of EFT Billing: Any monthly EFT billing which is returned for non-payment will become due and payable immediately, including, if warranted, an Incidental Service Charge of up to $25 for each returned EFT billing (see below). If the EFT billing for any two successive months results in Non-Payment, the membership will be cancelled and you will be liable for all outstanding monies due at that time. Placing a stop payment or disputing a credit card charge does not relieve you of the obligation to comply with proper Membership Cancellation procedures.
Notice Regarding Returned Checks and EFT Billing: Pursuant to California Civil Code, Section 1719: Rincon may charge up to 25.00 for each returned check, EFT, or credit card payment. Further, any person who makes a check, draft, or order for the payment of money which is dishonored may be civilly liable for damages equal to treble that amount, which shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500). Except in the case of a “good faith dispute” placing a stop payment on your account or disputing a credit card charge does not relieve you of your obligation to comply with proper Membership Cancellation procedures.
Change in EFT Billing Information: To avoid a Non-Payment of EFT Billing and associated incidental service charges, any change in billing information must be provided fifteen (15) days prior to the next EFT payment date.
Right to Modify Dues: Rincon reserves the right to adjust any fees at any time at its sole discretion. Further, Rincon has the right to add to any membership dues, any tax imposed by the government.
Unpaid Balances: Outstanding balances past thirty (30) days are subject to membership suspension and a service charge of $15 for each month overdue. Any cost for collections incurred by Rincon will be added to the member’s outstanding balance. Upon termination or cancellation of membership, any unpaid balance for services, membership fees, or merchandise will become immediately due. Rincon reserves the right to charge past due balances and related charges to your membership account under EFT authorization.
Automatic Membership Renewal: Unless you notify the Club of your decision to cancel your on-going membership within 15 days prior to your membership anniversary, your Club membership will be automatically renewed under the same terms; provided, however, that such membership renewal will be subject to any updated Club policies and pricing.
Member’s Payment Obligation: You shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of your non-use of the Club facilities. Dues are for the period stated in the membership agreement.
Member Five(5) Day Right to Cancel: You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day after the date of your membership agreement, excluding Sundays and holidays. To cancel this agreement you must provide written notice, which states that you, the buyer, are cancelling this agreement, or words of similar effect. You may provide this notice by way of e-mail sent to cancelme@RinconFitnessUSA.com. You may also mail or hand-deliver a signed and dated notice. Paper-based notices shall be sent to Rincon Fitness USA, P.O. Box 1111, Carpinteria, CA 93014. Upon cancellation, all payments will be refunded within (10) days after Rincon receives proper notice of the cancellation, less any payment for gym access (based upon daily visit rate) or services that the member received prior to cancellation. If you have not exercised your Five (5) Day Right to Cancel, then you have agreed to and are bound by the terms and conditions of your membership agreement.
Cancellation of Non-Prepaid Month-to-Month Membership: Unless otherwise agreed to, an initial EFT payment is required to establish your membership. Your membership may be cancelled after the Club has received the first EFT payment. Upon cancellation, the cancellation fee shall be equal to the difference between the number of months used times the differential between a single, non-contract monthly use (currently $75/month), and the monthly amount actually paid by the member; or $200, whichever is less. Cancellation requires Written Notice at least 15-Days prior to the next EFT payment date. EFT Payment Authorization will remain in full effect until Rincon receives proper notification. To cancel this agreement you must provide written notice, which states that you, the buyer, are cancelling this agreement, or words of similar effect. You may provide this notice by way of e-mail sent to cancelme@RinconFitnessUSA.com. You may also mail or hand-deliver a signed and dated notice. Paper-based notices shall be sent to Rincon Fitness USA, P.O. Box 1111, Carpinteria, CA 93014. Faxes and phone calls are NOT an acceptable means of notification. You must pay in full any outstanding monies due. You may continue to use the facility during the Paid Period and the membership ends at the conclusion of the Paid Period. You must return all membership access devices (key-fob). Once the membership is cancelled, an enrollment fee must be paid again should you elect to rejoin the Club.
Late Cancellation and EFT Billing Errors: No refund of monthly dues will be paid if you cancel after the deadline (15 days prior to the next billing date). It is your responsibility to observe proper cancellation procedures. Termination of membership will be effective at the conclusion of the Paid Period. You may continue to use the facility during the Paid Period. Should a billing error occur Rincon will provide a refund with an authoritative WRITTEN proof of cancellation, i.e., certified mail receipt and copy of cancellation, or a club generated e-mail confirmation of cancellation. It is your responsibility to retain records until your bank statement has confirmed the cancellation.
Cancellation of Pre-Paid Membership:
Except as otherwise agreed, you may not cancel your Pre-Paid Membership or receive a refund.
Cancellation by Club: Rincon reserves the right to cancel your membership agreement and terminate any membership rights associated therewith for any violation by you of the provisions set forth within your signed agreement, or as promulgated in the Club or on the Rincon website, or of which you have been verbally notified, including but not limited to: (a) failure to make payments of monies when due, (b) consistent failure to observe Policies and Rules, (c) behavior that is contrary to the best interests of other members or guests. You must return all membership access devices (key-tag). Any outstanding monies will be immediately due and payable (see Unpaid Balances).
Member Death or Disability: If you are unable to use the facilities because of death or disability, your or your representative may cancel your membership agreement. Reasonable verification in writing must be provided. No further payments are required, and upon request, a prorated portion of any pre-paid amount will be refunded to you or your representative.
Club Relocation or Closure: Should the Club close, your membership may be transferred to an alternative facility substantially similar and within ten (10) miles of the Club location, and your membership obligations will continue. Should the Club close and not offer an alternative location substantially similar and within ten (10) miles, your membership will be cancelled. You shall be relieved of the obligation of making payments for services other than those received prior to the relocation or closure. If you prepaid any sum for services that are not received prior to the relocation or closure, the unused portion shall be refunded to you.
Personal Training: Personal Training of Club members and guests is restricted to personal trainers who are employed by, or in the case of Independent Personal Trainers, authorized by, Rincon management. Members shall not act as a trainer for any other member or guest, and any acts that constitute such business activities are prohibited. Use of Personal Trainers not approved by Rincon is prohibited. Any member engaging in such activity will be subject to immediate cancellation of membership.
Independent Personal Trainers: Rincon may provide you and your guests with access to Independent Personal Trainers who have been approved to conduct business on Rincon premises. Rincon does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available.
Surveillance and Security: Be advised that this facility is under surveillance 24 hours a day. The video record of Club entry and your use of the facility will be retained by the Club for review. The purpose of cameras is to provide safety and security for our staff, members, and guests.
Right to Change Hours and Facilities: At the sole discretion of management and without notice, Rincon reserves the right to alter or amend staffed hours of operation, make changes to the physical facilities, change equipment, alter, amend or eliminate programs and activities, and temporarily close the facility or a part of the facility while repairs, renovations or seasonal maintenance take place. Rincon will make every effort to minimize any disruption to members during these periods. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges.
Material Changes and Extended Interruption of Service: Member may cancel this Agreement if the Club materially changes the services promised as part of the initial contract. In the event of an extended interruption of services due to a fire, natural disaster, or national emergency, Rincon reserves the right to transfer membership to another like facility within a ten-mile radius, or, freeze memberships and resume memberships, as services are made available again. If this period of interruption extends beyond one-year, your obligation will be suspended.
Right to Modify Membership Dues, Terms, and Programs: Rincon reserves the right to alter or amend the terms of any or all of its membership programs, including but not limited to pricing, monthly dues, limited-use and full-use membership times (if applicable), rules, regulations, policies, reciprocity of use between clubs (if applicable), or other special membership privileges.
Member Contact by Phone: Member consents to receive telephonic calls, including automated telephone calls, from or on behalf of Rincon concerning membership matters, including, without limitation, billing notifications, Club closures, and special events. Telephone notifications will be placed to the current telephone number on file at Rincon, and you assume responsibility for any charges placed on the calls by you telephone service provider.
Entire Agreement: You acknowledge that neither Rincon, nor anyone else has made any representations or promises upon which you relied that are not stated in your membership agreement. Rincon employees are not authorized to make any changes written and/or verbal, additions, or modifications to your membership agreement. Your membership agreement, these Terms and Conditions, and all rules and regulations of Rincon, as revised from time to time, constitute the entire and exclusive membership agreement between you and Rincon and replaces any prior agreement, promise, and/or representations whether oral or written. Your membership agreement shall be interpreted under the laws of the State of California. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Rincon does not enforce any right in the agreement for any reason, Rincon does not waive its right to enforce it later. In the event of any litigation arising out of this agreement the prevailing party shall be entitled to recover legal fees.
WITH YOUR ACCEPTANCE AND SIGNATURE OF THE ASSUMPTION OF RISK AND WAIVER OF LIABILITY AGREEMENT, YOU WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL CONDITIONS OF YOUR MEMBERSHIP AGREEMENT WHICH INCLUDES, WITHOUT EXCEPTION, THESE POLICIES AND RULES.
EQUAL OPPORTUNITY POLICY STATEMENT
Rincon seeks, enrolls and maintains memberships without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age. It is further club policy that no circumstance or conduct undertaken by club personnel shall have the effect of discrimination on the basis of any of the aforementioned classifications. All club members shall have full and equal access to the club facility. All members with disabilities shall be entitled to reasonable accommodations for their physical and mental impairments. Any member who believes that he/she is/has been treated unfairly on any of the aforementioned matters should first report to club management or to Rincon at 805-881-4028.
RESTROOM AND LOCKER ROOM ACCESSIBILITY - TRANSGENDER EQUAL OPPORTUNITY POLICY
As set forth in Rincon’s Equal Opportunity Policy, all members shall have full and equal access to the club facility. Consistent with this Policy, all members shall have access to the restroom and locker room facilities that correspond to the member’s gender identity, regardless of the member’s sex assigned at birth. For example, transgender women (who were born male but identify as female) are permitted to use the women’s facilities, and vice versa for transgender men. Each member should determine the most appropriate option for her/himself. Any member who has a need or desire for increased privacy, regardless of the reason, will be provided access to a single-person facility, when available. No member, however, shall be required to use such a facility. Any member who believes that he/she is/has been treated unfairly on any of the Equal Opportunity policies above should report to club management or call us at 805-881-4028.
PERSONAL INFORMATION AND PRIVACY