Missoula Underground Strength Training LLC

The Missoula Underground Strength Training Center LLC, doing business as MUST LLC and MUST Gym ("MUST," "we," "us") · 736 Cooper St., Missoula, MT 59802 · info@themissoulaunderground.com

This agreement is between you, the member, and MUST. If the member is under 18, a parent or legal guardian must complete and sign it, and "you" includes that parent or guardian. Section 5 is a release of liability that limits your right to sue MUST, so please read it before you sign.

1. Member information

The member information entered in this form is part of this agreement. A parent or legal guardian must complete and sign for a member under 18. If the member is under 18, the parent or legal guardian also gives their own full name, mailing address, phone, and email, and the child's date of birth.

Registry check. MUST checks every member against the public offender registries, including Montana's Sexual or Violent Offender Registry and the National Sex Offender Public Website, when you join, and may check again at any time. Section 8 explains how a registry listing affects 24-hour access. Registry and background checks use public records and reports from outside companies. They can miss people or contain errors, and they are not a guarantee that any member or guest is safe. MUST does not promise that every person in the gym has been screened or has no criminal history.

2. Memberships, passes, and fees

Your membership choice is selected in this form. The options are:

• Month-to-Month: $65 per month. No minimum term. Renews every month until you cancel.
• 12-Month Contract: $50 per month. You commit to 12 monthly payments. At the end of the 12 months it renews for another 12 months unless you cancel before the renewal date (Section 4). Any rate change for a renewal follows Section 3.
• Annual Paid in Full: $665 for 12 months, registration fee included. After the 12 months it continues month-to-month at $65 per month until you cancel.
• 1-Week Pass: $60
• 2-Week Pass: $90
• 1-Month Pass: $130

Passes. A pass starts on the first day you use it and expires if you don't start it within 6 months of purchase. If you buy a membership within 7 days after your pass ends, the amount you paid for the pass is credited toward the registration fee, up to the full fee.

Holds (12-Month Contract and Annual Paid in Full only). Memberships can't be paused or suspended, but you may put a 12-Month Contract or Annual Paid in Full membership on hold by asking in writing, by email or on a front-desk form. A hold costs $20 per hold month and lasts up to 6 months. During a hold you may visit the gym up to 2 times per hold month. Your door code is turned off during a hold, so hold visits must be during staffed hours. Your 12-month term, and your renewal date, move back one month for each hold month you start. You may return early at any time at your full dues; your billing date changes to the day you return, and hold fees are not prorated or refunded. If you paid in full, you must either prepay the hold or keep a card on file for the monthly hold fee. Month-to-month memberships, passes, personal training, and MUSTFIT can't be put on hold.

Registration fee. A $65 registration fee is due each time you start a new membership, except as Section 4 provides for military orders. It is included in Annual Paid in Full.

Payment method. Every membership requires a credit card, debit card, or checking account on file.

Guests. Guest passes are sold at the price posted at the front desk and online. Every guest must sign MUST's release before entering the gym floor. Guests during unstaffed hours must be purchased and approved in advance (Section 8).

3. Billing and payment authorization

Automatic payments. You authorize MUST to charge the card or bank account on file on your billing date each billing period for your membership, and for any renewal, fee, early termination amount, or balance described in this agreement, until everything you owe under this agreement is paid, even after your membership ends. This authorization also covers any replacement card or account you give us, and you can stop future regular payments by canceling under Section 4. If a charge will be different from your regular payment, such as an early termination amount, a balance, or a fee, we will email you the amount and date at least 10 days before charging it to a bank account or debit card. A copy of this agreement is saved to your Mindbody account, where you can view it on your Documents page. You can also request a copy in person, by phone, or by email.

Declined payments. Each declined or returned payment incurs one $15 fee, even if we retry the charge. If your account is more than 60 days past due, it may be sent to collections, and you agree to pay the reasonable costs of collecting it to the extent the law allows.

Credit card surcharge. MUST may add a surcharge to payments made with a credit card. If it does, the surcharge is separate from your rate, will be no more than 3 percent of the payment or MUST's cost of accepting the card, whichever is less, will be shown at checkout and on your receipt, and will never apply to debit card, prepaid card, or bank account payments.

Price changes. Your rate stays the same during the 12 months of a 12-Month Contract or Annual Paid in Full term. We may change month-to-month rates, and the rate for any renewal term, by emailing you at least 30 days before the change. If you don't want the new rate, you may cancel before it takes effect.

Closures. If the gym is closed by government order, your membership stays active and payments continue, and we will credit your account for the closed period when the gym reopens. Other closures of 14 days or less in a row, such as for holidays, weather, maintenance, renovation, or repairs, and partial closures, such as a closed area or a pause in 24-hour access, don't change your payments. If the whole gym is closed to all members for more than 14 days in a row for any other reason, we will credit your account for the days it was closed.

Refunds. Dues, fees, and passes are non-refundable, including for days you don't use the gym, except: (a) if MUST permanently closes, or ends your membership for a reason other than those listed under "If MUST ends your membership" in Section 4, we will refund the unused part of anything you prepaid; and (b) when the law requires a refund, including under Section 4. Memberships, passes, and other purchases are personal to you and can't be transferred.

4. Canceling and ending your membership

How to cancel. Email info@themissoulaunderground.com from the email address on your account, or fill out a cancellation form at the front desk. Include your name and the membership you are canceling. We will confirm your cancellation by email within 3 business days; keep that confirmation. Phone calls, texts, voicemails, and social media messages are not valid ways to cancel.

Month-to-Month. Your request must reach us before your next billing date to stop that payment. Your access continues through the period you have paid for.

12-Month Contract. Each renewal is a new 12-month term of 12 payments. You may cancel the automatic renewal any time before the renewal date. As a courtesy, we may email you a reminder before your renewal date, but your renewal does not depend on whether you receive one. You may also cancel a renewal within 14 days after it starts with no early termination amount; payments already made are not refunded, and your access continues through the end of the billing period you have paid for. If you cancel during a 12-month term at any other time, the remaining payments for that term become due as an early termination amount, and we may charge them to your payment method on file. Your access continues through the end of that term. Because MUST sets staffing, equipment, and prices around full-term commitments, its actual loss from an early cancellation would be impracticable or extremely difficult to calculate, and you and MUST agree that this amount is a reasonable estimate of that loss and not a penalty.

Annual Paid in Full. The prepaid year is not refunded if you cancel early. To stop the month-to-month continuation after the year, cancel before your next billing date.

Balances. Anything you owe stays due after you cancel. Owing a balance will not stop us from processing your cancellation or ending future charges, but any balance that remains unpaid after you cancel may be sent to collections, and you agree to pay the reasonable costs of collection to the extent the law allows.

When no early termination amount applies:

• Military orders. If you receive military orders to move outside the Missoula area for 90 days or more, or a stop-movement order, send us written or electronic notice with a copy of the orders. The same right covers certain spouses and dependents under the Servicemembers Civil Relief Act (50 U.S.C. § 3956). No early termination amount applies; within 60 days we will refund anything prepaid for billing periods after the one in which you cancel; and if you rejoin within 90 days after your relocation ends, no registration fee applies.
• Permanent medical inability. If a licensed physician (MD or DO), physician assistant, or nurse practitioner states in writing that you are permanently unable to use the gym, you may cancel with no early termination amount. Payments already made are not refunded. The note must be on the provider's letterhead or official form; signed and dated by the provider within 30 days before you give it to us; include the provider's printed name and office phone number; and come from a provider who is not related to you. It does not need to name your diagnosis. By giving us the note, you authorize MUST to contact the provider's office only to confirm that the provider issued it. MUST may refuse a note that is incomplete or that the provider's office says it did not issue.
• Death. The membership ends, and no further dues or early termination amount are owed.

If MUST ends your membership. We may end your membership if you break this agreement or the facility rules, fail to pay, threaten anyone's safety, or give us false information. If we do, amounts you owe, including any early termination amount, remain due, and prepaid amounts are not refunded. If we end your membership for any other reason, we will refund the unused part of anything you prepaid.

5. Release of liability, waiver of claims, and assumption of risk

This section is a written waiver and release for sporting and recreational activities under Montana Code § 27-1-753. To the extent the law allows, it also binds your estate, spouse, children, parents, heirs, and personal representatives, anyone who paid for your care and seeks repayment from MUST, and anyone else who brings a claim on your behalf or through you because of your injury or death.

Activities covered. This release covers everything you do at or through MUST (the "Activities"): using the gym and its equipment at any hour, staffed or unstaffed; strength training, weightlifting, powerlifting, Olympic lifting, conditioning, cardio, stretching, and mobility work; MUSTFIT, semi-private, and personal training; and being anywhere on MUST's premises, including entrances, parking areas, changing areas, and restrooms.

Known inherent risks. Strength training and gym use carry dangers that are part of the activity and cannot be removed by reasonable care. They include:

• Muscle strains and tears; sprains; tendon and ligament injuries; joint, back, neck, and spinal disc injuries; and hernias.
• Fractures, dislocations, cuts, bruises, and pinching or crushing injuries.
• Being struck by dropped, falling, rolling, or swinging weights, bars, plates, dumbbells, kettlebells, cables, or other equipment, including equipment used by others.
• Head injuries, including concussion and other traumatic brain injury, from being struck, falling, or fainting.
• Slips, trips, and falls, including on plates, chalk, sweat, water, mats, platforms, or equipment left out.
• Failed lifts, loss of balance or control, and injuries while spotting or being spotted.
• Overexertion, dizziness, fainting, nausea, dehydration, and heat illness.
• Heart attack, stroke, abnormal blood pressure, and sudden death.
• Exertional rhabdomyolysis, a severe breakdown of muscle tissue caused by intense exercise.
• Communicable diseases, including COVID-19, influenza, norovirus, staph and MRSA, ringworm, and any other infection spread through equipment, surfaces, the air, or contact with other people.
• Allergic or skin reactions to chalk, cleaning products, or equipment materials.
• Aggravation of existing injuries or medical conditions.
• Serious injury, permanent disability, paralysis, and death.

Other risks you understand and accept:

• Unstaffed hours. No staff are present to supervise, spot, help, or call for help. Emergency response may be delayed, and no one may notice that you need help.
• Other people. Members, guests, and others may act carelessly or unsafely, including people who enter without permission.
• Equipment. Equipment can wear, break, malfunction, or be misused by you or others.
• Renovation and construction. MUST is under ongoing renovation and construction. Work areas may be closed or fenced off, and tools, materials, wet or uneven surfaces, dust (including concrete and silica dust), fumes, noise, and workers and contractors may be present in or next to areas open to members.

Assumption of risk. You take part in the Activities voluntarily and knowingly assume all of these risks, known and unknown. You are responsible for choosing exercises and loads within your ability, using collars, safety bars, and spotters, and stopping when you feel pain or feel unwell.

Equipment. You accept MUST's equipment as it is. Look over each piece before you use it, and stop and report anything that looks worn, loose, or broken. This release includes claims about the condition, maintenance, or provision of equipment, including equipment that MUST built or modified.

Release and waiver. To the fullest extent Montana law allows, you release, waive, and agree not to sue the Released Parties for any claim for injury, illness, death, or property damage arising from the Activities and caused by (a) the inherent risks above or (b) the ordinary negligence of any Released Party, meaning a failure to use reasonable care. This includes claims about instruction, supervision, programming, spotting, staffing, security, premises conditions, emergency response, renovation, construction, or demolition work at the premises, whether done by MUST or its contractors, and claims that MUST should have cleaned more, screened or tested people, turned people away, or done more to prevent or report the spread of a disease. This release does not cover gross negligence, willful or intentional misconduct, or any other claim that Montana law does not allow to be released.

"Released Parties" means MUST; its owners, limited liability company members, managers, employees, coaches, contractors, volunteers, and agents; the owner and landlord of the premises; and the successors and assigns of each.

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.

Indemnity. You agree to indemnify the Released Parties, meaning you will cover their losses, costs, and reasonable attorney fees, for any claim brought by someone other than you that arises from (a) injury or damage you cause to another person or their property, (b) your breaking this agreement or the facility rules, or (c) anyone you let into the gym without MUST's approval, including anyone who enters with or behind you. This does not apply to losses caused by a Released Party's gross negligence or willful misconduct.

How long this lasts. This release applies to every visit from the date you sign it, including visits under any renewal, later membership, pass, or training purchase, until you sign a new MUST release that replaces it. Any release you signed earlier stays in effect for visits before that date. If any part of this section is found unenforceable, it will be enforced to the greatest extent the law allows, and the rest of this section stays in effect.

6. Health, emergencies, and personal property

Your health. You confirm you can exercise safely, with reasonable modifications if you need them. MUST recommends that you see a physician before starting, especially if you have heart disease, high blood pressure, diabetes, or another medical condition, are pregnant, or are recovering from an injury. MUST does not screen for, diagnose, or treat medical conditions. Tell staff or your coach about any condition that could affect your safety.

Emergencies. If you are hurt or become ill, you authorize MUST staff and others present to call 911 and give basic first aid. You are responsible for the cost of any emergency care and transport.

Report injuries the same day. Report any injury, accident, or unsafe condition to MUST the same day, even if it seems minor, by telling staff or emailing info@themissoulaunderground.com.

Concerns. Report any concern about conduct by a staff member, coach, member, or guest to MUST right away, in person or at info@themissoulaunderground.com. This includes anything that makes you or your child feel unsafe or uncomfortable, such as inappropriate touching, comments, messages, or photos. We will look into every report promptly and confidentially. In an emergency, call 911. MUST does not retaliate against anyone who makes a good-faith report.

Personal property. MUST is not responsible for loss, theft, or damage to personal property, including items in cubbies, lockers, or vehicles. Unattended items will be removed, and items unclaimed for 30 days may be donated or discarded.

7. Facility rules and conduct

Breaking these rules may lead to loss of access or termination of your membership.

• Dress code. Wear clean athletic clothing, a shirt, and closed-toe athletic or lifting shoes; no boots or sandals. Shoes must be worn at all times, except in the changing areas. Clothing must cover the chest, groin, and buttocks during all exercise and must not be transparent. Wear supportive athletic undergarments at all times. Staff may ask you to change, and you may not train until you do.
• Scan your key tag or enter your code every time you enter.
• Re-rack weights and clean equipment after use.
• Use collars and safety bars, and use a spotter for heavy lifts.
• Don't use equipment that appears damaged or isn't working, and report it right away.
• If you misuse equipment and damage it, you are responsible for repair or replacement.
• No business solicitation. Only MUST-authorized coaches may train or coach other people in the gym.
• No fighting, threats, harassment, intimidation, or unwanted touching of any kind. Spot or touch another member only with their consent. Violence or threats end your membership immediately.
• No firearms or other weapons in the facility.
• Stay out of areas that are closed, marked staff-only, or under construction or repair.
• Don't do work for MUST, such as cleaning beyond wiping down equipment you used, moving or assembling equipment, maintenance, or construction, unless you are MUST staff.
• No alcohol, cannabis, or illegal drugs, and don't train while impaired.
• Don't train with a contagious illness, and cover open cuts and skin infections.
• Change only in private stalls or changing areas.
• Store personal items in designated areas.
• Filming. You may film your own training. Keep it discreet: film from your own training area, keep other people out of the frame, and don't use tripods, stands, or lights without staff permission. No filming by or for paid influencers, and no long-form videos, such as vlogs or continuous recording of a workout. Don't photograph or record other members or staff without their permission.
• No minors may wait in the facility during a member's workout at any time.
• Posted rules. Rules posted on signs in the gym are part of this agreement. You are responsible for reading and following every posted rule, including rules posted after you sign, and for following staff instructions.

Cameras. MUST uses video cameras in common areas, never in changing stalls or restrooms. Cameras record video and may also record audio. Signs at every entrance tell members and visitors that recording is in use. By entering MUST you consent to this recording. Cameras are not monitored live and do not provide real-time security. Recordings may be used for safety, security, investigating incidents and claims, and enforcing these rules.

8. 24-hour access

This section applies if you request 24-hour access. Staffed hours are the hours posted at the gym and online when staff are on site; all other hours are unstaffed.

Eligibility. 24-hour access is available only to members 18 and older who are in good standing. No one under 18 receives a door code (see Section 9). You may not have 24-hour access if you have a disqualifying conviction, meaning a conviction for a violent offense, a sexual offense, robbery, theft, or vandalism in the past 5 years. The 5 years run from the conviction date or from your release from jail or prison for that offense, whichever is later. You also may not have 24-hour access if you are currently listed on, or required to register with, any sexual or violent offender registry, no matter how long ago the conviction was. By requesting 24-hour access, you confirm that neither applies to you.

Background checks. MUST may run a background check on any member who requests or has 24-hour access, but is not required to. By answering "Yes" to the 24-hour access question in Section 11, you authorize MUST to obtain a consumer report about you, including criminal history, from a consumer reporting agency, when you request access and at any time while you have access, to decide whether to grant or keep your 24-hour access. If a check shows a disqualifying conviction, we will deny or end your 24-hour access. If we deny or end your access based on the report, we will tell you in writing, give you the name, address, and phone number of the agency that provided it, tell you that the agency did not make the decision and can't explain why it was made, and explain your right to a free copy of the report within 60 days and to dispute it with the agency. If you are convicted of one of the offenses listed under Eligibility while you have 24-hour access, you must tell us within 7 days, and your 24-hour access will end.

Your code is yours alone. Your key tag or code is only for you. Never share it, and never let anyone in or hold the door for anyone, except an approved after-hours guest, or a 14-to-17-year-old you are the parent or legal guardian of, whom you let in and stay with the entire time under Section 9. No one under 18 may use your code or anyone else's. Sharing your code or letting anyone else in will end your membership.

After-hours guests. Guests during unstaffed hours must be purchased and approved in advance, must sign MUST's release before entering, and must stay with you. MUST checks every after-hours guest against the same registries before approving them, and anyone listed on a sexual or violent offender registry can't be an after-hours guest. You are responsible for your guest's conduct.

No staff on site. Staff are not present 24/7, and emergency services may not be immediately available. In an emergency, call 911 and give the address: 736 Cooper St. Know where the exits and first aid supplies are, and don't attempt maximal lifts alone without safety bars or a spotter.

No live monitoring. Surveillance cameras are not monitored live and do not provide real-time security or response.

The release applies. The risks and release in Section 5 apply fully during unstaffed hours.

Other violations. Breaking any other rule in this section may end your 24-hour access, your membership, or both. Losing 24-hour access does not cancel your membership or end your agreements or payment obligations with MUST.

9. Members under 18

These rules apply to every member under 18. A parent or legal guardian must review, complete, and sign this agreement. Members under 18 never receive a door code and may not use anyone else's code.

• Under 10: Gym floor access is limited to guided tours with a parent. Not permitted during unstaffed hours.
• Ages 10 to 13: Must be directly supervised by a MUST trainer. Not permitted during unstaffed hours.
• Ages 14 and 15: May exercise with a parent or legal guardian who is a member, or with a MUST trainer. Independent workouts are allowed only with a MUST-designed program. During unstaffed hours, they may be in the gym only if a parent or legal guardian who is a member, or a MUST trainer, lets them in and stays with them the entire time.
• Ages 16 and 17: May exercise independently during staffed hours. During unstaffed hours, they may be in the gym only if a parent or legal guardian who is a member, or a MUST trainer, lets them in and stays with them the entire time.

Parent or guardian agreement. By signing, you confirm you are the minor's parent or legal guardian with authority to sign. You confirm that no court order or custody arrangement limits your authority to sign this agreement for the minor. You agree to every term of this agreement on your own behalf and on the minor's behalf, including the release in Section 5. If the law does not allow you to give up the minor's own claims, you agree to indemnify the Released Parties, meaning you will cover their losses, costs, and reasonable attorney fees, for any claim brought by or for the minor arising from the Activities, except a claim caused by gross negligence or willful misconduct. You are responsible for all payments under this agreement. A release signed by a parent or guardian ends on the member's 18th birthday. The member must sign their own agreement before their next visit after turning 18.

10. General terms

Changes. MUST may update its posted rules and policies at any time. Price changes follow Section 3. Any other change to this agreement applies to you only after you sign the updated agreement.

Transfer by MUST. MUST may transfer (assign) this agreement, including to a buyer of the gym or its business. The new owner then takes over MUST's obligations, and we will notify you. You may not transfer your membership.

Communications. You agree that MUST may contact you by email, text, and phone about your account, billing, access codes, and gym operations. Marketing messages are sent only if you separately opt in to them, and you can opt out at any time, including by replying STOP to a text. By giving MUST your mobile number, you agree to receive account, billing, and door-code text messages. Message and data rates may apply. Agreeing to these texts is not required to join.

Privacy. MUST uses your information to run your membership, secure the gym, and meet legal and insurance requirements. We share it only with companies that help run the gym (such as our scheduling, payment, and background-check services), with our insurers and lawyers when needed for an injury or claim, with a buyer of the business, or when the law requires. We do not sell your information. Health information you share is used only for your safety, your training, and handling an injury or claim. MUST uses reasonable safeguards for your information. No system is completely secure, and MUST cannot promise that your information will never be accessed without permission.

Montana law. Montana law governs this agreement. Any lawsuit must be filed in the state courts of Missoula County, Montana, including small claims court where available.

Whole agreement. This agreement, the posted facility rules, and any training agreement you sign with MUST are the entire agreement between you and MUST. If any part is found unenforceable, the rest stays in effect. Electronic signatures and records count as originals. If MUST doesn't enforce a term once, it can still enforce it later.

11. Acknowledgment and signature

24-hour access. If you request 24-hour access, answer "Yes" to the 24-hour access question and check the background-check authorization box that appears. That authorization is separate from the rest of this agreement.

I have read this entire agreement, including the release in Section 5. I understand that I am giving up substantial rights, including my right to sue MUST for its ordinary negligence, and I sign voluntarily. I understand that violating these terms may result in termination of my membership and collection of amounts I owe.