Terms and Conditions

Effective date: October 21, 2025

Summary of key changes (Oct 2025): New lineup + Insider plans; $75 Gym includes complimentary Recovery from Nov 1, 2025 – Feb 28, 2026 (auto-move to Gym + Recovery $89 on Mar 1, 2026 if no change is requested); Insider is limited-capacity with a 6-month commitment; In-house PT packages are one-time, non-refundable, and include complimentary 24-hour access during the package validity.

1. Updates to These Terms

Insurgent Fitness LLC (“Insurgent Fitness”) may update or revise these Terms at any time. We’ll notify you by email and/or in the Insurgent Fitness Community forum. Continuing your membership after any update means you agree to the updated Terms.

Member notices & requests: Plan-change, hold, and cancellation requests must be emailed to info@insurgent.fitness. Requests are timestamped in MST (America/Phoenix). Unless otherwise stated, posted deadlines mean 11:59 PM MST on the date listed.

2. Required Member Photo

Mandatory Photo: Because Insurgent Fitness provides 24-hour facility access, all members must upload a clear, front-facing headshot to their profile in the Insurgent system/app.

Photo Restrictions:
• No group photos.
• No full-body or torso-visible photos (if your waist or torso is visible, it is too far away).
• No cropped photos that cut off any part of your face.
• No objects obstructing any part of your face.
• No offensive or obscene images.

Failure to Comply: Failure to upload a compliant photo will result in immediate deactivation of door access (no refund or credit). Reactivation may require a state-issued photo ID and a manual review by staff.

Privacy: Your photo is used solely for identity verification and access control; it will not be used for marketing without your explicit consent.

3. Rules & Safety

By purchasing a membership or training package (for yourself or on behalf of a minor child), you agree to obey all instructions from Insurgent Fitness instructors, staff, and personal trainers, and to observe all safety rules within the facility.

4. Payments & Billing

4.1 Methods:
• Cash, checks of any form, and money orders are not accepted for recurring membership payments.
• Checks (of any form) and money orders are not accepted for any purchases.
• By purchasing any monthly plan, you authorize automatic billing via any payment method you place on file (Stripe).

4.2 Schedule:
• Monthly plans bill on the 1st of every month.
• Monthly memberships purchased before the 1st are prorated from purchase to month’s end.

4.3 Agreement: By signing (for yourself or on behalf of a minor), you acknowledge all recurring payments will continue until canceled in accordance with these Terms.

5. Price Changes

Insurgent Fitness reserves the right to increase membership prices once every calendar year. A 45-day notice will be provided via email or the Insurgent Fitness Community forum. If you do not cancel your membership before the auto-renew date, you are deemed to have consented to the new price.

6. Merchant Fees

6.1 Fee Overview:
• Insurgent Fitness may charge a merchant processing fee on all membership sales, product sales, one-time purchases, or other payments processed through its merchant processor.
• Current fees: 2.9% for debit/credit cards, and 0.8% for ACH (EFT).

6.2 Fee Changes: If the merchant processor’s rates increase, Insurgent Fitness may increase the merchant fee. A 45-day notice via email will be provided for any such change.

6.3 Processing & Returns: The fee is not shown on the invoice at the time of billing but is applied when the invoice is sent to the merchant processor. Insurgent Fitness cannot waive this fee. Returned ACH/EFT payments and processor retries may incur pass-through bank/processor fees that will be charged to the account on file.

7. Prepaid Memberships

Pre-2022 Prepaid Memberships: Offered in 3-, 6-, or 12-month blocks and auto-renew at the end of each block.

2022-Onward Prepaid Memberships: Offered in 3-, 6-, or 12-month blocks and do not auto-renew at the end of each block (must be repurchased upon expiration).

Refunds for Prepaid Memberships: No refunds are issued for cancellations. Any remaining days remain active until the block’s expiration date.

8. Personal Training (In-House & Online)

8.1 Sessions (Auto-Renewing): Provide a set number of sessions each month, replenished at the start of each billing cycle. Unused sessions do not carry over and are non-refundable.

8.2 Sessions (Non-Renewing, One-Time): 1 session ($85) valid 7 days; 4/6/8/12/16-session packages valid 3 months. Complimentary 24-hour gym access is included for the package validity period only (via Kisi). Unused sessions are non-refundable, expire as stated, and are not transferable.

8.3 Online PT/Nutrition: Billed monthly unless otherwise stated; cancellations per §9.6.

9. Cancelling, Switching & Grandfathered Plans

9.1 Monthly Plans: 30-day written notice (email acceptable) before the next billing date. If fewer than 30 days, the upcoming scheduled payment is the final payment, and cancellation takes effect at the end of that billed month.

9.2 Term Contracts (e.g., Insider): See plan-specific early termination rules in §12.

9.3 Prepaid Memberships: Can be canceled any time before the next recurring payment date (if applicable). No refunds for remaining time.

9.4 Holds: See §10.

9.5 Group Plans: If one member cancels, the plan downgrades to reflect the new number of members. This changes the monthly rate. All group members will be notified by email.

9.6 Personal Training (Auto-Renewing): Cancel up to 2 days before the next bill date. No refunds for an auto-renewed PT plan; unused sessions can be used until the end of the current billing cycle.

9.7 Switching Plans: Switching to a new membership is considered a cancellation of the current one; a 30-day notice applies. The new membership begins after the old membership ends unless otherwise stated by Insurgent Fitness in writing.

9.8 Grandfathered/Legacy Plans (Discontinued Memberships): Certain historical plans are no longer offered (e.g., Daylight, Evening, Midnight, BJJ Family). If you currently hold one, it remains active and grandfathered so long as it is not modified, canceled, or allowed to lapse. No re-enrollment after any cancellation/modification/lapse. Changes to plan type, services, or headcount are treated as a cancellation; the 30-day notice in §9.1 applies. Standard billing/hold/access rules apply. Insider pricing remains grandfathered only while active; re-enrollment (if available) is at the then-current public rate.

10. Holds (Monthly Memberships)

Members can place recurring monthly memberships on hold for up to 3 months within a 12-month period. A 15-day notice is required before the next billing date. If fewer than 15 days, the upcoming payment processes, and the hold begins 30 days afterward.

10.1 Hold Duration: Holds start on the last day of a month and end on the last day of a month. Holds are in monthly increments only.

10.2 Hold Fees: $10 per hold month, billed immediately when the hold notice is received. Monthly membership dues are not charged during the hold period.

10.3 Term Extensions: Hold time does not count toward any term commitment; the contract end date is extended by the number of hold months.

10.4 Removing a Hold Early: If a hold is lifted early, the membership is prorated from the hold-lift date to the end of the current month. Normal billing resumes the 1st of the following month. Hold fees are non-refundable if ended early.

11. Door Access

11.1 Requirements:
• All non-members must register, sign waivers, pay any applicable fee, and upload a clear face photo.
• Everyone must scan into the door system for recognition and unlocking before entering the facility.

11.2 Prohibitions: Allowing anyone to enter using your access or accompany you without registering/paying is strictly prohibited. Letting in someone whose access is not functioning or who does not have a proper photo is also prohibited.

Penalty: A fee of three (3) times your monthly membership or $250 (whichever is greater), per instance, plus immediate membership termination without refund and a lifetime ban.

11.3 Responsibility: Ensure the door closes behind you upon entering or exiting. If someone “tailgates” behind you, you may be held responsible.

11.4 Key Fob Replacement: Lost or stolen key fobs must be reported immediately. Replacement fee is $40, refunded if the original is returned within 30 days.

12. Insider Rate Plans (Limited Capacity)

12.1 Overview: Insider Rate — BJJ Only and Insider Rate — Muay Thai Only at $100/month each (no gym/recovery; no cross-access).

12.2 Deadline (current single-discipline members): Request by November 30, 2025 at 11:59 PM MST. Later requests are subject to availability/waitlist.

12.3 Capacity & Waitlist: Limited spots; first-come, first-served.

12.4 Commitment: 6-month minimum term.

12.5 Early Termination Fee: Monthly price × whole months remaining in the 6-month term (based on billing cycles billed on the 1st).

12.6 Renewal: Auto-renews on the anniversary month unless canceled 30 days prior to the final bill month. Billed on the 1st.

12.7 Grandfathering: Insider pricing is locked while active; if you cancel/lapse, re-enrollment (if available) is at the current public rate.

12.8 No Stacking: Insider cannot be combined with student/veteran/first-responder/corporate discounts or other promotions.

13. $75 Gym Members — Temporary Recovery & Auto-Move

13.1 Complimentary Recovery: For members on 24-Hour Gym $75/mo, Recovery is included at no charge from Nov 1, 2025 – Feb 28, 2026.

13.2 Auto-Move: On Mar 1, 2026, any account still on $75 with no submitted change will be automatically moved to Gym + Recovery $89/mo.

13.3 Choose a Different Plan: Prefer Gym Only $59 or to remain at Gym + Recovery $89? Submit your change request by Feb 20, 2026 at 11:59 PM MST to avoid billing timing issues.

14. Group & Family Plans (Summary)

14.1 Groups: All members on a group plan must share the same plan type; headcount changes adjust the rate. Group plans are monthly; prepaid not available. No stacking with Insider or other percentage discounts unless explicitly stated.

14.2 Family: Family plans follow the published base-plus-add-on structure, maximum headcount, and eligibility rules posted on the membership page (subject to 45-day notice). Family base covers up to 2 adults + 1 child unless otherwise stated; additional adults/children are priced per the current published schedule. See §9.8 for grandfathering rules.

15. Doors & Equipment Negligence

Doors: Propping open or leaving any door open is strictly prohibited. A $200 fee applies to the first offense. You are responsible for replacement costs and lost revenue if equipment is damaged, lost, or stolen due to a propped-open door.

Equipment Negligence: Use equipment properly. Negligence (e.g., slamming weights, damaging walls/mats, leaving gear outside) incurs a $200 fine plus replacement and lost-revenue costs.

16. Payment Grace Period

There is a 4-day grace period for all payments. Accounts in default after the 4th day receive system-generated reminders. Keep your contact and payment info current.

17. Failed Payments & Collections

Unpaid after the 4th:
• Pre-May 1, 2022: $150 break-of-contract fee.
• On/after May 1, 2022: $50 break-of-contract fee.
The account is deactivated. The total due plus the fee must be paid within 30 days to remain eligible for reactivation.

If payment is not received within 30 days, the total amount due plus a $125 break-of-contract fee and the next month’s membership fee may be sent to collections. You are responsible for attorney fees, court costs, and 1.5% monthly interest on the unpaid balance. Accounts sent to collections may receive a lifetime ban.

18. Chargebacks

Filing a chargeback on any charges results in automatic membership termination and a lifetime ban. Insurgent Fitness disputes chargebacks to the fullest extent of the law. If the chargeback is due to fraud/identity theft, Insurgent Fitness will involve authorities.

Any chargeback also incurs:
• The original disputed charge
• A $150 break-of-contract fee
• A $25 chargeback fee
• The final month’s membership fee
• Attorney fees, court costs, and 1.5% monthly interest on the unpaid balance

19. Photography/Video Release

By signing (for yourself or on behalf of a minor), you consent to any photo or video taken during Insurgent Fitness activities being used for promotional, educational, or advertising material (physical or digital) by Insurgent Fitness without compensation.

20. Individual Member Video/Photography

If you film or take photos in the gym, you must obtain permission from anyone who appears in your recording. No recording or photography is allowed in the Martial Arts Room during a class (no exceptions).

21. Third-Party Photography & Videography

Professional photography or videography for any product, promotion, modeling, film, or other revenue-generating purpose is prohibited without written permission from Insurgent Fitness. Unauthorized professional shoots incur a $500 usage fee per individual involved, per instance, and a 12-month ban.

22. Social Media Conduct

Posting or sharing any photo/video taken at Insurgent Fitness with the intent to bully, threaten, or embarrass others is prohibited. Violators face a lifetime ban and may be subject to legal action.

23. Refunds

All sales are final. Insurgent Fitness does not provide refunds for any reason. By signing (for yourself or a minor), you understand that any fees—whether for clothing, gear, instruction, gym access, or membership dues—are non-refundable.

24. Age Requirements

All members must be at least 13 years old. Members 13–17 must be accompanied by an active adult member while in the facility or attending classes. No one under 18 may be in the facility unattended.

25. Loyalty Program, Discounts & Promotions

Eligibility and rules are posted on the membership page. Loyalty discounts cannot be combined with Insider, corporate/group, or other promotions unless explicitly stated. Day/Week passes, prepaid memberships, and drop-in memberships are not eligible.

26. Conduct

All members must adhere to acceptable standards of behavior. Profanity, harassment, threats, fighting, property damage, or other offensive behavior (as deemed by Insurgent Fitness) will result in immediate membership termination without refund.

27. Sharing Personal Information

By signing (for yourself or on behalf of a minor), you allow Insurgent Fitness to share personal information with vendors and partners as necessary for business operations (billing, access control, scheduling, communications). We do not sell personal information. Personal information may be sent to a collections agency if you default on payment after 30 days or upon a charge dispute.

28. Violations

Violating any part of these Terms or engaging in misconduct may result in immediate membership termination without refund. Any remaining balance becomes due immediately upon termination.

29. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

30. Governing Law & Venue

These Terms are governed by the laws of the State of Arizona without regard to conflict-of-law principles. Any legal action must be brought exclusively in the state or federal courts located in Arizona, and members waive any objection to venue or jurisdiction in those courts.

BY SIGNING OR PURCHASING A MEMBERSHIP (FOR YOURSELF OR A MINOR), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS IN FULL.