SyRoc CBM, LLC (“CBM Wellness”) Membership Agreement
This Membership Agreement (“Agreement”) is entered into by and between SyRoc CBM, LLC (“CBM Wellness”) and the undersigned individual (“Member”). If the Member is a minor, this Agreement must be signed by a parent or legal guardian.
 
1. Membership Fee and Billing
Member agrees to pay the then-current membership fee, plus applicable taxes, on a recurring 30-day cycle based on the date of enrollment. Membership renews automatically every 30 days unless canceled by the Member. If payment is not received by the renewal date, Member access may be suspended until payment is received. CBM Wellness may cancel membership for repeated non-payment or serious violations of facility rules and regulations. No refunds will be issued for unused time or for membership canceled due to rule violations. There are no sign up fees, cancellation fees or refunds to keep Member costs as low as possible.
 
2. Keycards, Refunds, and Canceling Your Membership
Member acknowledges that any keycard, fob, or similar device purchased for facility access is non-refundable, regardless of loss, theft, damage, demagnetization, or cancellation of membership. Members are responsible for maintaining their access devices and may purchase replacements at the then-current rate if needed. If Member’s payment ends, fails or cancels and keycard needs to be reinstated after resubscription, Member is liable for service charges.
Members have full access to and control over the accounts they create with CBM Wellness, including the ability to cancel membership at any time. Memberships are billed on a recurring 30-day cycle based on the original signup date. Members will not be charged for future periods if they cancel their membership before the next billing date. No further payments will be collected after cancellation is completed before the renewal date.
 
3. 24-Hour Access, Security, and Member Responsibilities
Member acknowledges and accepts that CBM Wellness operates as a 24-hour facility and that staff may not be present at all times. Member understands and accepts all risks associated with using the facility and equipment during unstaffed hours, including but not limited to personal injury, accidents, equipment malfunction, medical emergencies, and the actions of other members or third parties.
Keycards and Security: Member agrees not to allow any other person to use their access device or to enter the facility without permission (“tailgating” is strictly prohibited). Failure to comply may result in immediate termination of membership without refund and possible legal liability for any resulting damages or injuries. Video surveillance may be used for safety and security.
 
4. Waiver of Liability, Assumption of Risk, and Indemnification
IMPORTANT: THIS IS A LEGAL WAIVER. PLEASE READ CAREFULLY.
ASSUMPTION OF RISK: Member understands that participation in physical activities and use of gym equipment involves risk of injury, illness, or even death. This risk is heightened when using the facility during unstaffed hours. Member voluntarily assumes all risks, known or unknown, associated with the use of the facility, equipment, and participation in any activities at CBM Wellness.
WAIVER OF LIABILITY: Member hereby waives, releases, and discharges CBM Wellness, its owners, officers, employees, agents, contractors, affiliates, and successors from any and all claims, demands, actions, causes of action, damages, or liabilities for injuries or damages to person or property arising out of or connected to use of the facility or participation in any activity, including those arising from the ordinary negligence of CBM Wellness or its staff.
This waiver does not apply to claims arising from gross negligence, intentional misconduct, or willful and wanton conduct.
INDEMNIFICATION: Member agrees to indemnify and hold harmless CBM Wellness from any loss, liability, damages, or costs (including attorney’s fees) resulting from Member’s presence in or use of the facility, including but not limited to violations of rules or misuse of equipment.
 
5. Medical Emergencies
Member understands that staff may not be present during an emergency and that CBM Wellness is not responsible for providing medical assistance. Member is responsible for their own health and safety while using the facility, including during medical emergencies. Member authorizes CBM Wellness to secure emergency medical care on Member’s behalf if deemed necessary. Member is responsible for all associated costs.
 
6. Health Representation
Member represents that they are physically fit and not aware of any reason they should not participate in physical activities or use gym equipment. It is recommended that Member consult a physician before beginning any exercise program. Member agrees to regulate their own activity and participation to prevent overexertion.
 
7. Rules, Policies, and Membership Revocation
Member agrees to abide by all rules and regulations established by CBM Wellness, as may be amended from time to time. Notice of rule changes will be provided via email or posted at the facility. CBM Wellness reserves the right to suspend or cancel membership for serious or repeated violations of rules. No refunds will be given for unused time in the event of suspension or cancellation due to rule violations.
 
8. Minor Members
Parental supervision is required if Member is under sixteen (16) to sign up and use the facilities. 
Children under the age of fourteen (14) are not permitted to use the facilities. 
If Member is under the age of eighteen (18), access to the facility is only permitted during staffed hours.
 
9. Personal Trainers and Contractors
Member acknowledges that any personal trainers in the facility are independent contractors and not employees or agents of CBM Wellness. CBM Wellness is not liable for any acts or omissions of personal trainers. Engagement of personal trainers is solely between the Member and the trainer.
 
10. Photos, Videos, and Marketing
Photographs or videos may be taken within the facility for advertising or marketing purposes. By signing this agreement, Member grants permission to CBM Wellness to use Member’s image for such purposes, unless the Member notifies CBM Wellness in writing before signing.
 
11. Governing Law and Venue
This Agreement is governed by and construed under the laws of the State of New Mexico. Any disputes arising from or related to this Agreement shall be resolved exclusively in the courts of Bernalillo County, New Mexico.
 
12. Entire Agreement and Severability
This Agreement constitutes the entire agreement between Member and CBM Wellness and supersedes all prior agreements or understandings, whether written or oral. Any modifications must be in writing and signed by both parties. If any part of this Agreement is found unenforceable, the remainder will continue in effect.
 


Acknowledgment
By signing below, Member acknowledges they have read, understood, and agree to all terms of this Agreement, including the Waiver of Liability and Assumption of Risk. Member further acknowledges the opportunity to ask questions and that they are signing voluntarily.