THE RULES AND REGULATIONS (“CLUB RULES”) FOR FAYETTEVILLE ATHLETIC CLUB

“FAC” located 2920 East Zion Road, Fayetteville, AR 72703 are listed below.  The primary purpose of the Club Rules is to ensure a premier club experience for all our members.  All members are required to comply with the Club Rules when using the Club or attending any FAC -sponsored activity.

FAC reserves the right to amend the Club Rules at anytime. The current Club Rules are posted on the FAC website and available at Member Services.  In addition to the Club Rules, additional rules are posted throughout the Club, which members and guests must follow as well.  Members must also comply with the terms of their Membership Agreements and any Addendums.

CLUB USE

1.1.  Private Club. Fayetteville Athletic Club is a private club for use by its members and their guests.  Membership does not convey any ownership in the Club.  Memberships may not be sold or transferred by any member.  Access to the Club may be restricted or terminated by Club management at it’s discretion.

1.2.  Conduct.  Proper conduct is expected at all times in the Club. We do not permit disrespectful conduct toward our members, guests, employees, vendors or property including, but not limited to vulgar, profane, indecent, offensive, violent, hostile, aggressive, threatening, harassing, stalking, fraudulent, or other inappropriate conduct or communications.  Parents and guardians are responsible for the conduct of their children under 18.  Members may be asked to leave the Club for inappropriate conduct.

1.3.  Club Use by Children.  Children 11 and under using the Club must be accompanied by a member, guest or non-member who is (1) 18 or older and (2) prepared to supervise the child at all times while using the Club.  All guests and non-members must pay the appropriate guest fee or Day Pass fee.  Children 11 or younger may not use any of the exercise equipment, except when under the instruction of a FAC personal trainer.  Children 11 or younger may not attend any of the group exercise classes (other than those classes designed for these younger age groups).  Once a child has reached the age of 12 they may use the full club including the workout equipment upstairs and take group fitness classes.  Children under the age of 12 that would like to work out may use the Razors Edge fitness area either with a parent during unsupervised times, or during supervised times when an Club staff member is present.

2.0  MEMBERSHIP CARDS

2.1.  Membership Cards.  Members must present their membership cards each time they enter the Club.  Each membership card may only be used by the person whose name is on the card.  If a member allows someone else to use his/her card to gain access to the Club, FAC reserves the right to confiscate the card and/or revoke or suspend his/her membership.

2.2.  Club Charges.  Members who wish to charge to their membership accounts may be asked to present their membership cards at the time of purchase.  In addition to the membership card, the Club reserves the right to request photo identification.

2.3.  Lost or Stolen Cards.  Members must immediately report lost or stolen membership cards to Member Services.  Lost or stolen membership cards must be replaced.  Each membership account shall be entitled to one free replacement card.  Until a member reports the lost or stolen card to the Club, the member shall remain responsible for all charges to his/her account due to the use of the lost or stolen card.  If a member finds a lost card, he/she must return it to Member Services.

2.4.   FAC Member Benefits.  In connection with the FAC Member Benefits, members may be required to present their membership cards and a picture identification to avail themselves of the benefits of a particular program

3.0 CLUB ATTIRE

3.1.  Attire.   Members and guests must wear attire that is dignified and appropriate for a family club.  Attire must also be appropriate for the particular activity or event.  With the exception of the pools and locker rooms, members must wear shirts at all times.  Any type of clothing intended to be an undergarment is not permitted in any part of the Club except in the locker rooms.  Torn or cut-off clothing is not permitted.  No open-toed shoes, sandals, bare feet (except in specific group fitness classes), Crocs or flip-flops are allowed in the dry fitness areas or on the courts.  Roller shoes are not permitted anywhere in the Club.  Shoes with spikes are not permitted inside the Club.  The Club reserves the right to deny access to all or any part of the Club for inappropriate attire

4.0  CELL PHONES

4.1. Usage.   When using cell phones in permitted areas, members should restrict their calls to brief conversations and be considerate of those around them.  Upon entering the Club, cell phones should be switched to silent or vibrate mode.  Members and Guests are not permitted to use any equipment that is capable of making a video or audio recording in the locker rooms.

5.0  GUESTS

5.1.  General.   Members may invite guests to the Club, subject to paying the applicable guest fees.  Members are responsible for their guests and must accompany their guests during the visit.  Members are responsible for the conduct and attire of their guests.  Members are responsible for any charges incurred or damage caused by their guests.  Guests will be permitted to use the entire Club, except Jr members under the age of 12 years old.  (Please note that there are certain exceptions when guests may use the Kids FACtory. Those exceptions are stated in these Club Rules.)  Due to the popularity of our FAC Tennis programs, Tennis Guests are restricted to a maximum of 2 visits per 6 month period.  Beginning the 3rd visit, the guest will be asked to register for an ongoing  FAC Tennis Membership to continue usage of the FAC Tennis facility.  Guests may be asked to leave the Club or a particular area of the Club for inappropriate conduct or attire.

5.2  Number of Guests.  All adult guests must complete and sign a Guest Register and present a valid driver’s license or government-issued identification card.

Each membership will have guest passes loaded onto the membership per year.  Single Memberships will have 6 passes, Couple Memberships will have 9 passes and Family Memberships will have 12 passes per year.  FAC Front Desk team members will track available guest privileges electronically in the member’s account. Members need not hold physical guest passes.  Unused guest privileges may not be accrued or otherwise carried forward to subsequent months or years.

No more than three children may be under the supervision of one adult while using the Aquatics area.

5.3.  Guest Registration.  All guests must register at Member Services each time they visit.  Guest must provide all the information requested in the Guest Information and Liability Waiver form (“Registration and Waiver”) to gain access to the Club.  Photo identification is required for all guests 16 or older.  Guests 18 or older must complete the Registration and Waiver before they can use the Club.  Guests under 18 must provide the Registration and Waiver signed by their parents or legal guardians before they can use the Club.  The Registration and Waiver is available at Member Services.

5.4. Guests – 12 or Older.  The Guest Fee for individuals ages 12 or older is $20 per day.

5.7 Guests 11 and under.  The  Guest Fee for children 11 and under is $10.00 per day. The accompanying member must be at least 18 years old and must have FAC child release of liability waiver signed by parent or guardian.

5.8.  Extended-Stay Guests.  Members from time to time may have extended-stay house guests from outside the NWA area.  Weekly guest passes are available for these house guests at the rate of $100.00 per adult.  Extended-stay guests over the age of 18 do not have to be accompanied by the member when using the Club

6.0  NON-MEMBERS

6.1.  Day Pass.  A non-member may be a guest at the Club by purchasing a $20.00 Day Pass. Each non-member must register at Member Services and complete a Registration and Waiver.  Non-members must provide all the information requested in the Registration and Waiver to gain access to the Club.  Photo identification is required for all guests 16 or older.  Non-members under 18 must provide the Registration and Waiver signed by their legal guardian before they can use the Club.  Non-members 11 and under must be accompanied by a person who is 18 or older and is prepared to supervise the child at all times while using the Club.  Except for the Kids FACtory area, the Day Pass will allow a non-member to use the entire Club for the entire day, subject to the Club Rules and applicable program fees.  Please note:  Due to the popularity of our FAC Tennis programs, Tennis Guests are restricted to a maximum of 2 visits per 6 month period.  Beginning the 3rd visit, the guest will be asked to register for an ongoing  FAC Tennis Membership. 

6.2. Club Programs Available to Non-Members.  Throughout the year, the Club will make certain programs available to non-members.  When attending these programs, non-members shall be permitted to use that portion of the Club related to their respective program and the locker rooms.  Non-members may not use other member portions of the Club unless they pay the Day Pass fees in addition to the program fees.  Each non-member must complete the Registration and Waiver and any applicable program registration form prior to commencing each program.  The non-member must also register at Member Services each time he/she enters the Club.  If the non-member is younger than 18, a parent or legal guardian must sign the Registration and Waiver.  For certain programs, adult family members will be permitted to enter the Club without additional fees to observe their children participating in the programs.  However, they may not use the member portions of the Club unless they pay the applicable Day Pass fees.  Everyone 16 or older must present photo identification prior to entering the Club.  In addition, all spectators must complete the Registration and Waiver and must provide all the information requested in that form.

7.0  LOCKER ROOM USE

7.1.  Conduct.  All members must be considerate of others when using the locker rooms and their amenities.  All amenities in the locker rooms must be used in accordance with the posted rules and consistent with the intended purposes of the amenities.  Members must shower before using the whirlpool.  Members shall be responsible for any damage caused by their misuse of any amenity.

7.2.  Women’s Locker Room.  The Women’s Locker Room and all its amenities are available for all  female members and guests.  Children of the opposite sex are not allowed in the locker rooms at any age.  There are family locker rooms at the Kid’s Fit Fun FACtory, or a private bathroom in the Pilates hallway.

7.3.  Men’s Locker Room.  The Men’s Locker Room and all its amenities are available for all male members and guests.  Children of the opposite sex are not allowed in the locker rooms at any age.  There are family locker rooms at the Kid’s Fit Fun FACtory, or a private bathroom in the Pilates hallway.

7.4.  Day-Use Lockers.  Day-use lockers are available in all the locker rooms and throughout the Club.  These lockers should not be used for overnight storage or valuables.  The Club cannot be responsible for items left in lockers.

 8.0  TOWELS

8.1.  Towels.  Towels are available for use while at the Club.  Used towels should not be left in lockers, on the floor or on the equipment; they should be deposited in one of the towel receptacles provided throughout the Club.

 9.0  FITNESS AREAS

9.1.  Etiquette.  When using any equipment, members should be considerate and thoughtful of their fellow members.  Members should wipe off all equipment after use and place used towels in the towel baskets provided throughout the Club.  All equipment should be returned to its proper place.  Weights should be re-racked.  Free weights should not be dropped on the floor. Group Fitness equipment located inside the studios and in hallway between studios cannot be taken to other areas of the club for use.  Members should allow others to “work in” between sets.  If members are waiting to use a cardio machine, members should limit their use of the machine to 30 minutes.  Mats, balls, and bands should be returned to the designated area after use.  Athletic bags, backpacks and purses are not permitted in the fitness areas.  Newspapers and magazines should be returned to the appropriate  rack.

9.2.  Instruction and Orientation.  All persons using the fitness equipment do so at their own risk.  It is the responsibility of all persons to obtain instructions on how to use the equipment prior to usage.  Equipment must only be used in accordance with such instructions and common sense.  Fitness instructors are available from time to time on the fitness floor to assist members on the proper use of equipment.  In addition, FAC offers complimentary equipment orientation for all members.  For more information on this orientation, please contact the Personal Training Director.  Fitness instruction, equipment orientation and personal training shall only be conducted by FAC personal training staff.

9.3.  Group Fitness Classes.  The majority of group fitness classes are complimentary. Most of the classes are offered on a first-come, first-served basis. Some classes do require pre registration due to limited space or equipment. Member can sign up for these classes on our website or at the front desk.  Members can sign up for classes one day in advance starting at 5:00am.  The member’s name must be removed from the sign up list if they cannot attend a class they have registered for prior.   A wide range of classes are offered in terms of fitness level and focus, so please read the class description prior to attending any particular class.  For more information on any class, please contact Member Services, ask any group fitness instructor or visit our website.  When attending a class, please be sure to wear the proper shoes and attire.  Black-soled shoes are not permitted in the studios.  Timely arrival at each class is critical to avoid injury and disruption of the class.  Please let the instructor know before the start of the class if you are pregnant or have any medical risk factors.  As a courtesy to fellow members, members are asked not to save places for others.  Shoes are required in all Group Fitness classes except Yoga, Barre and Pilates classes.  As a courtesy to your fellow participants, cell phones are not permitted in any group fitness class.  Group Fitness studio sound systems can only be used by Club employees.

9.4.  Courts.  The Basketball and Racquetball courts are available for a variety of sports, activities, leagues, clinics, classes, programs and events.  FAC strives to accommodate as many different activities on the courts as possible and creates a schedule based on demand and interest.  The schedule is posted at the courts and on our website.  Depending on the activity, certain age restrictions may apply. However, in general, members and guests must be 12 or older to use the courts.  Any child 11 or younger must be accompanied by a parent or guardian who is 18 or older.  Kids ages 11 and under may use the courts located in the Kids FACtory.  Black-soled shoes are not permitted on the courts.  Members and guests must follow the rules posted courtside.  When the Kids FACtory is closed, the Club may open, at it’s descretion, the Kids FACtory court for use by all members in accordance with the above rules and posted schedule.

10.0 KIDS Fit Fun FACtory

10.1.  General.  Kids Fit Fun FACtory is available to member children who are 6 weeks to 11 years old.  All Junior members that are added onto the parent or guardians membership is entitled to use the Kids FACtory for up to two hours each day.  During this two hour visit, the person responsible for the child is free to use the Club, but may not leave the Club.  If that person leaves the Club during the two hour complimentary session, that person will be charged a $50.00 fee. Generally, Kids FACtory is available on a first-come, first-served basis.  During peak hours or seasons, Kids FACtory may require advance reservations to use the Kids FACtory.  Advance reservations may be required for certain age groups.  The use of the complimentary two hours on a particular day does not limit or restrict a child member from participating in other fee-based Kids FACtory programs on that same day.  No food is provided during Kids FACtory sessions.  Therefore, parents are encouraged to feed their children before checking them into the Kids FACtory.

10.2.  Check-In and Check-Out Procedures.  Prior to a child’s first visit to the Kids FACtory, a parent or legal guardian must complete the Kids FACtory registration form.  All child members using the Kids FACtory must be checked in and checked out at the Kids FACtory front desk.  You must have your membership card.  Only a parent or Authorized Adult (defined below) may check in or check out a child member at the Kids FACtory.  Once checked in, the child may only be checked out by the parent or Authorized Adult who checked in the child.  There are no exceptions to this check-in or check-out procedure.  Once a child is checked in, you may only enter the secured kid’s area to facilitate the child’s transition.  An “Authorized Adult” is an individual over the age of 18 who has been authorized by a parent or legal guardian to pick up or drop off a child.

10.3.  Fee for Late Pick-up.  You must pick up your children on a timely basis.  This rule applies to all Kids FACtory programs, including the two hour visits, free programs and fee-based programs.  After a five-minute grace period, you will be charged $5.00 per child for every fifteen minutes you are late.  The staff will use the clock in the Kids FACtory reception area.  In addition to the late fee, the Club reserves the right to suspend your privilege to use Kids FACtory for up to two weeks for multiple late pick-ups.

10.4.  Conduct.  All children are expected to be respectful of others, including other children and staff. Occasionally, it may become necessary to inform parents of disruptive behavior that is above and beyond the typically expected range.  In such an event, a behavior report (Parent Communication) will be written and discussed with the parent.  This report will outline the concern and time frame for correcting the behavior.  If the child’s behavior cannot be corrected within the prescribed time frame, the Club reserves the right to limit, suspend or terminate the child’s privilege to use the Kids FACtory.

10.5.  Drinks and Lunches.  Children may bring boxed drinks or bottled water to the Kids FACtory.  All drinks must be labeled with the child’s first and last name.  When checking in the child, you should inform the staff that you have provided a drink for the child.  If a child is enrolled in a program that will last longer than three hours, the child may bring a lunch or snack.  All lunches and snacks must be labeled with the child’s first and last name and cannot require refrigeration.  Foods containing any nut product, nut oil, or nut butter are not permitted in the Kids FACtory.   Chewing gum is not permitted in the Kids FACtory.

10.6.  Allergies or Other Medical Conditions.  If a child has allergies or a medical condition, the parent or legal guardian must submit a written description of the condition, as well as any restrictions, to the Kids FACtory prior to checking the child into the Kids FACtory for the first time.  Depending on the condition, the Kids FACtory may require a physician approval as prescribed in Section 10.11.  Even after the submission of the necessary paperwork, parents or an Authorized Adult must still remind the Kids FACtory staff of the condition each time the child is checked in.  The staff will not administer any medications, creams or ointments (including diaper rash ointments).  We will apply sunscreen to a child if the sunscreen is supplied by the parent or Authorized Adult prior to the child being checked into the Kids FACtory .  The sunscreen must be labelled with the child’s first and last name.

10.7.  Infants and Toddlers.   Infants and toddlers who are not potty trained must come with two diapers, wipes, and a change of clothes.  You may provide bottled formula or breast milk for the child, with feeding instructions.  All items must be labeled and placed in a bag.  The staff will change all diapers, except for a child with diarrhea, who will be deemed to be ill.  You will be asked to return to the Kids FACtory  to pick up your child. The staff will also remind children who are toilet/potty trained to use the bathroom and will check them frequently for “accidents.”

10.8.  Illness.  For the health of all our children and staff, the Kids FACtory does not accept children who are ill.  If a child is determined to be ill, you will be required to pick up your child immediately.  The child may not return to the Kids FACtory for a minimum of 48 hours unless a doctor’s release is presented to the Kids FACtory staff.

10.9.  Crying.  The Kids FACtory will do its best to make your child at ease in the Kids FACtory .  However, if your child is crying for more than 15 minutes, you will be asked to return to the Kids FACtory.  If the child is unable to transition, the child will need to leave the Kids FACtory for the day.  The child may return the next day.  At your request, we can contact you sooner than 15 minutes.

10.10.  Children with Special Needs.  The Kids FACtory welcomes all children ages six weeks to 11 years old to participate in a variety of structured programs and activities.  However, the Kids FACtory employees have no medical or other specialized training designed to address the specific medical, psychological, or social needs of children with disabilities, special needs or medical conditions.  Similarly, our facility is not equipped to provide specialized services for all children with special needs or medical conditions.  A child whose needs cannot be accommodated or who poses a risk of harm to him/herself or another may be excluded from participating in a the Kids FACtory program.

10.11.  Attire For the Kids FACtory.   Parents are encouraged to dress their infants in clothing that will allow for easy diaper changes.   Toddlers and older children should wear comfortable athletic clothing that will allow them to play sports, run and jump.  All children should wear comfortable sports shoes.  Open-toed shoes, sandals, flip-flops, Crocs and roller shoes are not permitted in the Kids FACtory.  All children should wear socks to avoid blisters and other injuries.  Children should not wear any jewelry.  On cold days, parents are encouraged to provide a sweatshirt for each child.

10.12.  Personal Effects.  Children should not bring toys or electronic devises to the Kids FACtory.

10.13.   Emergency Procedures.  In the case of a non-emergency incident or accident, a report will be provided to the parent. In the case of an emergency requiring evacuation, FAC staff will follow the Emergency Evacuation and Relocation Plan procedures. In the case of a tornado, FAC staff will follow the Tornado Alert Procedures. During inclement weather, outdoor activities will be moved indoors. In the event a child involved in our program contracts a communicable disease, parents

11.0  POOL AREAS

11.1.  Pools.  FAC offers indoor and outdoor pools.  The lap pool is heated and enclosed during the winter months.  The recreational pool is open during the warm months of the year.  These pools are used for many different activities, including lap swimming, family swim, water aerobics, physical therapy, swim lessons, training, swim practice, competitions, triathlon training, master swim and water games.  Pool hours and scheduled activities are subject to change.  To avoid conflicts, members are encouraged to check the aquatics schedule.

11.2.  Pool Attire and Showers.  All pool users must wear family-appropriate swimwear.  Cut-offs or shorts are not permitted in the pool.  Swim attire may be worn in locker rooms and pool areas, but not in the rest of the Club.  All pool and whirlpool users must shower prior to entering the pool or whirlpool.

11.3.  Use of Aquatics area by children.

• Children 11 and under may use the pools for scheduled classes, and a parent or Authorized Adult must remain on the premises for the duration of each scheduled class.
  • Children may be checked into swim lessons by our Kids FACtory staff during DHS licensed program hours.
• Children 11 and under may also use the pools during family swim hours and must be directly supervised by a parent or legal guardian over 18 years old at all times.
• Children who are not toilet-trained must wear swim diapers in the pool.
• Children 3 months or younger may not use the pools.
• Children should not be changed or dressed on the pool deck.  Please use the locker rooms located in the Kids Fit Fun FACtory.
• Any child under 12 who cannot continuously swim 25 meters must be directly and actively supervised by a parent, legal guardian or sponsoring member who remains within 10 feet of the child at all times. 
• An adult must accompany children under 16 when lifeguards are not on duty.
• Running, wrestling or rough play is not permitted.
• Inappropriate language or behavior is not permitted at any time.
• Lifeguards and Aquatics team members must be obeyed at all times.  Failure to comply with pool rules, whether written or verbal, may result in removal from the Aquatics Center.
• In the event of lightning or thunder, ALL aquatics facilities will be closed immediately.  All members will be asked to clear the pool deck until lightning and thunder has left the immediate area.
• Strollers and chairs must be kept 10 feet from the pool to ensure adequate visual and physical clearance for the lifeguards.
• Flotation devices may be used as long as you cannot blow air into them.  Life jackets are provide by the Aquatics Team members on a first-come, first served basis.  Please return the life jackets once you are finished using them.
• Whirlpools in each locker room may be used by participants ages 12 and older.

11.4.  Lap Pool.  Generally lap swimming will be available on a daily basis in.  For the specific hours and number of available lanes, members should consult the aquatics schedule.  In the lap pool, lap swimming is available for adults and children who can swim.  Children 11 and under must be directly supervised by a parent or legal guardian over the age of 18 at all times during the session.  The lap pool is available to members and guests 18 and over.

11.5.  Lap Swimming Etiquette.  Prior to entering a lane with a swimmer, the swimmer must let the person swimming in that lane know that he/she is entering the lane.  If only two people are swimming in the lane, swimmers may swim side-by-side.  If more than two swimmers desire to use a lane, then the swimmers must swim in a circle using the right side of the lane. When passing another swimmer, the swimmer should use the left side of the lane when clear.  Slower swimmers should let faster swimmers pass at the wall.

11.6.  Waterslides.  Parents should not permit their child to use the waterslides if their child cannot swim.  No goggles or masks are permitted on the waterslides.

11.7.  Leisure Pool Food and Beverage.  No outside food, drink or coolers are allowed at any time.  Food and beverages purchased at the Club will be permitted on the pool deck. Any food or beverage must be kept at least four feet from the water’s edge (pools and whirlpools).  No glassware is permitted in the pool areas.

11.8.  Pool Chairs, Umbrellas and Tables.  Pool chairs, umbrellas and tables are available on a first-come, first-served basis.  Saving chairs and tables is not permitted.  Pool towels left unattended on chairs or tables for 30 minutes may be removed and returned to the Pool Office.  Unclaimed personal effects will be placed in Lost and Found at the end of each day.

11.09.  Inclement Weather.  In case of lightning, hail, high winds or severe rain, the pools will be cleared for a minimum of 30 minutes.  If the weather does not change, the staff may make the decision to close the pool for the remainder of the day or for a specified time.  The Club may elect not to open the outdoor recreation pool if the forecast for the majority of the day indicates rain or temperatures below 70 degrees.

11.10.  Pool Conduct.  Conduct at the pools must be such to furnish pleasure for all members and guests.  The pools are areas of recreation and relaxation.  Running, pushing, horseplay, dunking, screaming, wrestling and other acts that would endanger or disrupt others are not permitted.  Diving is not allowed in any area.  Gum chewing is not permitted in the pool areas or in the pools.  Posted rules must be followed at all times.

11.11  Aquatics Classes.  We offer different complimentary and fee-based aquatics classes.  These classes differ in terms of fitness level, swimming ability, focus, age requirements or other prerequisites.  Therefore, it is important to read the class description prior to attending or registering for any particular class.  These classes are offered on a first-come, first-served basis.  For more information on any class, please contact Member Services, ask any aquatics instructor or visit our website.  When attending a class, please be sure to wear the proper swim attire.  Timely arrival at each class is critical to avoid injury and disruption of the class.  Please let the instructor know before the start of the class if you are pregnant or have any medical risk factors

12.0  CADENCE CAFE

12.1  General. Cadence Cafe is open to the public for coffees, smoothies and healthy snacks throughout the day.  Members may charge all purchases at the Cadence Cafe to their membership accounts.   The operating hours and menu are available at the café and on our website.  For your convenience, complimentary WiFi is available in the Cadence Café

13.0  PHOTOGRAPHY AND VIDEO

13.1.  Policy.  Photographs or video taken at FAC by members or guests may not be used for any commercial purpose, inappropriate use or public distribution (e.g., posting on an Internet site).

13.2.  Photography and Video by Club.  From time to time, the Club will take photographs or video of members and guests using the Club or at FAC events.  FAC reserves the right to use these photographs or video in its promotional materials, including, but not limited to, posting the pictures or video at FAC or on its website or appropriate Internet sites.  Members shall not be entitled to any form of compensation for such use

14.0 ALCOHOL AND TOBACCO USE

14.1.  Tobacco.  Tobacco use in any form is strictly prohibited at the Club, including buildings, and outdoor areas.

14.2.  Alcohol.  Members may not bring alcohol to the Club.  Alcohol purchased at the Club may only be consumed within permitted areas.  Alcohol may not be taken from the Club.  Members and guests must show proper identification prior to any alcohol purchase.  FAC reserves the right to refuse to serve alcohol to any person.  Underage consumption of alcohol is prohibited

15.0  FOOD AND BEVERAGES

15.1.  Food Policy. Except as provided in the Kids Fit Fun FACtory section above, members may not bring food to the Club.  Food purchased at the Club may only be consumed in the Cadence Café and the outdoor pool area.

15.2.  Beverages.  Other than water, members may not bring any beverages to the Club.  Members may bring closed containers of water into all areas of the Club.  Other beverages purchased at the Club must be consumed in the Cadence Cafe or in the outdoor pool area.  Please note that certain other beverages are permitted in the Kids Fit Fun FACtory.

16.0  LOST AND FOUND

16.1.  Policy.  FAC will hold lost items for up to two weeks.  At the end of such period, the items will be donated to a local charity or disposed.  For any lost items, please immediately contact Member Services.  To recover any lost item, you must verify ownership in person.  FAC cannot be responsible for any lost or stolen items at the Club.

17.0 AUDIO

17.1.  Listening to Audio.  Members are permitted to use audio electronic devices, provided they use earphones.

18.0 PROGRAMS

18.1.  Fee-Based Programs.  We offer a wide range of fee-based programs.  These programs differ in terms of fitness level, ability, focus, age requirements or other 20.0prerequisites.  Therefore, it is important to read the program description prior to attending or registering for any particular program.  For more information on any program, please contact Member Services or visit our website.  When attending a program session, please be sure to wear the proper attire and shoes.  Timely arrival at each session is critical to avoid injury and disruption of the session.  Please let the instructor know before the start of each session if you are pregnant or have any medical risk factors.

18.2.  Fees and Changes by Member.  All fee-based programs must be paid in full upon registration, unless otherwise specified, and all registration forms and waivers completed.  Prior to registering for a program, members are responsible for understanding all aspects of a program, including the time commitment and program policies.  Each program at FAC shall be subject to a cancellation policy, which may differ from program to program.

18.3.  Cancellation by Club.  From time to time, the Club may need to cancel or reschedule programs.  In such event, the Club will make every effort to provide adequate notice of the change to all participants and provide a reasonable quittance, if applicable.

19.0  BUSINESS SOLICITATION

19.1.  Policy.  Members and guests are not permitted to use any portion of the Club to conduct or solicit for their own personal business or account.  This prohibition includes, but is not limited to, personal training, sports coaching, physical therapy, medical consultation, nutritional advice, dieting advice, life coaching and swim lessons.  The foregoing prohibition does not prohibit members from working at the Club.  For example, members may have lunch meetings at the Cadence Cafe, work on their laptops or use the Wi-Fi to do work.  Post of any promotional non-Club related materials is prohibited.

20.0  PARKING LOT

20.1.  Club Parking Policy.  Members and guests are permitted to use the parking lot when using FAC or when attending an FAC event.  When using FAC, members are encouraged to remove all valuables from their cars.  FAC is not responsible for any lost or stolen items left in the car.  FAC is not responsible for any damage to any car parked in the FAC parking lot.  Overnight parking is prohibited and any car left in the lot after closing is subject to being towed at the owner’s expense.  If you need to leave your car due to mechanical problems, please inform Member Services before leaving the parking lot.  FAC reserves the right to limit parking in certain areas in connection with FAC events.  FAC is not responsible for any accidents that occur in the parking lot.

20.2.  Speed Limit.  When driving in the parking lot, members should not exceed 10 mph and should remain watchful for children walking in the parking lot.

20.0 MONTHLY BILLINGS AND PAYMENTS ON ACCOUNTS

21.1.  Timely Payments.  All dues are billed monthly in advance and are due on the first day of each month.  On the due date, FAC will charge the total outstanding amount to the credit card or checking account on file.   Members are responsible for ensuring that their billing information is current prior to each billing date.  Members must send written notification of any changes to their billing information to Member Services prior to the billing date.  Members are responsible for ensuring that their accounts are settled on a timely basis.  Members may access their account information online.  For more information on online account access, please contact Member Services.

22. MEMBERSHIP ACCOUNTS

22.1.  Accounting Office.  The Accounting Office is available Monday – Friday 8:00am to 5:00pm, for changes in membership, billing issues or other administrative needs.  In addition, Member Services is available to assist with many account needs during Club hours of operation.

22.2.  Account Changes.  Account changes must be submitted by the 20th of each month by the Primary Adult Member in order for the changes to take effect the following month.

22.3.  Voluntary Termination.  A member may terminate his or her membership at any time. The Primary Adult Member must sign and submit a Membership Termination Form.   FAC cannot process a voluntary termination until the Club receives the signed and completed Membership Termination Form.  Members may hand deliver their termination forms at the Club or send them via fax, U.S. Mail, overnight courier, or e-mail.  The actual effective date of the termination shall be determined in accordance with Sections 22.4 and Section 22.5 below.  Until the effective termination date, members will be allowed access to FAC.

22.4.  Membership Terminations On or Prior to the 20th.   If the Membership Termination Form is received on or prior to the 20th day of the month, the member shall remain a member until the last day of the month and have full access to the Club during such period.  The member will be responsible for dues for that month and will be charged the total outstanding amount owed under the account to the credit card or checking account on file on the last day of the month.  The termination of the membership shall be effective upon the payment being final.

22.5.  Membership Terminations After the 20th.  If a Membership Termination Form is received after the 20th day of the month, the member shall remain a member until the last day of the following month and have full access to FAC during such period.  The member will be billed and responsible for the following month’s dues and any charges to his/her account, and will have access to FAC until the end of the following month.  The termination of the membership shall be effective upon the payment being final.

22.6.  Termination of Membership.  If  FAC exercises its right to terminate a membership or member, such termination shall be effective immediately and all amounts due under the account shall be due and payable immediately.  The member shall be responsible for the monthly dues (as specified above in Section 22.4 and Section 22.5), but shall not be allowed to continue to use the Club.

22.7.  Suspension of Membership.  If the Club exercises its right to suspend a membership or member, such suspension shall be effective for the period specified by the Club.  During such period, the member must continue to pay his/her membership dues and all charges to his/her account

23.0  NANNIES/AU PAIRS

23.1.  Policy Regarding Enrollment Fees and Dues.  A live-in nanny or au pair will be required to have an individual adult membership to use the Club with the family, the children or alone.  Enrollment fees will apply to first-time member nannies/au pairs and there will be no enrollment fees for replacement or exchange nanny/au pair memberships.  Nannies and au pairs must be 18 or older on the date of enrollment.

24.0  PETS

24.1.  No Pets.  Members may not bring pets to any part of FAC, including the parking lot.  Members may not leave pets in their cars while visiting the Club.  Our only exception is if during a special event sponsored by FAC promotes animal related activities.

25.0  GIFT CERTIFICATES

25.1.  Purchased Gift Certificates.  Members may purchase FAC gift certificates at Member Services.  Purchased gift certificates may be used at the Club for any service, program, retail merchandise, FAC items, monthly dues and enrollment fees.

26.0 MEMBER FREEZE POLICY

26.1.  General Policy.  Members may request to freeze their account at any time.  Freezes take place on the first of the month with the billing cycle.  All requests to freeze must be done so in writing by the 20^th of the month for the change to take affect for the following month.  Members may request to freeze for any reason.  The maximum amount of time a member may freeze their account is 6 month.  All freezes have an end date and the account will re-activate automatically on that date.  If a member wishes to come into the Club before the return date they may unfreeze the account at any time.  There is a $10 per month freeze fee charged in lieu of the monthly dues.  At the end of the freeze the member may request their monthly $10 charge back, which will be put on their Club account.  Members may not use the Club while they are frozen, unless they wish to purchase a day pass to the facility.

27.0  CLUB CLOSURE

27.1  Policy.  The Club reserves the right to close all or parts of the Club at any time in its sole discretion.  The Club will endeavor to provide reasonable advance notice via our website and an email to the membership.  The Club may close the Club without notice due to inclement weather or unexpected emergencies

28.0 VIOLATION OF CLUB RULES

28.1.  Policy.  Violation of Club Rules, the terms of your membership agreement or other policies and procedures can result in suspension or termination of a membership at the discretion of management. In connection with a suspension, the Club reserves the right to tailor the suspension to fit the nature of the incident.  The rules and policies are interpreted by management, and may be amended at anytime by management.

FAC PRIVACY POLICY

Effective Date: September 1, 2022

This Privacy Policy explains how Stegen Athletic Clubs, LLC d/b/a/ Fayetteville Athletic Club, collects, uses, and discloses personal information about our customers, prospective customers, and visitors to our website at https://www.fayac.com.

COLLECTION OF PERSONAL INFORMATION

We may collect personal information directly from you, for example through a web form, during registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or through membership or program enrollment on-line or in FAC . Personal information we collect directly from you may include first and last name, address, email address, and phone number. Information collected from your device: Our website may use technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device including, for example, your IP address, date and time of your visit, browser and operating system information, referring website address, and other information about how you interact with the website. Our website may also use cookies and similar technologies to enhance your user experience and enable certain features such as keeping track of items you put in your shopping cart. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

INFORMATION COLLECTED FROM OUR PARTNERS:

We may collect personal information about you from our third- party partners and combine it with other information that we collect. Personal information we collect from our partners may include, for example, your demographic information, shopping history, and geographic location.

USE OF PERSONAL INFORMATION:

We may use information collected about you for any lawful purpose, including the following:

• To provide you with our products and services, customer service and support, and other relevant information;
• To market our products and services to you, including by email and text message subject to your consent;
• To provide our website to you, to optimize our website, and to assist with our advertising and marketing efforts;
• To send you abandoned cart reminders if you added items to your shopping cart but did not complete check out;
• To comply with the law and to maintain the security of our website; or
• With your consent, or as otherwise disclosed at the time information is collected.

DISCLOSURE OF PERSONAL INFORMATION

We may share the information we collect with other parties, including the following:

• With third-party service providers to assist us with providing and marketing our products and services, such as payment processors, data hosting services, analytics services, online store support, advertising partners, and email service providers.
• With Constant Contact, to send email marketing and text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact[1]data-notice.
• With any affiliates or joint venture partners that we may have in the future.
• As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding.
• If necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights or the rights of third parties, or to protect the safety or security of any person or entity.
• With your consent or as otherwise disclosed at the time of data collection or sharing. We may share information that has been de-identified or aggregated without limitation. Our website may offer interactive features, such as the ability to leave reviews, that you can use to communicate with other website visitors or to submit and post your own content. If you disclose information in one of these forums, this information can be viewed, collected, and used by others.

DIGITAL ADVERTISING & ANALYTICS

We may authorize our advertising partners to use cookies and similar technologies on our website to automatically collect certain information from your device, and we may share information about you, your purchases, and your interactions with our website with our advertising partners. These partners may also collect information from other websites or apps over time, including information about relationships among different browsers and devices. Such information can be used by us or our advertising partners to serve more relevant targeted ads. For more information about this type of advertising and how to opt out of targeted advertising from our advertising partners, go to www.aboutads.info. We may also work with third parties that collect data about your use of our website and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our website, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.] Your web browser may allow you to block or disable cookies; however, parts of our website may not function properly if you do so.

EMAIL AND TEXT MESSAGE COMMUNICATIONS

If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we will still send you messages related to our transactions and relationship with you, such as program or membership enrollment. If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us.

 UPDATING YOUR INFORMATION

When you have an account with us, you may review, change, or update your contact information by logging into your account.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy at any time. Please review it frequently.

CONTACT INFORMATION

If you have any questions about this policy or our privacy practices, please contact us at INFO@fayac.com

MOBILE MESSAGING TERMS AND CONDITIONS

Last updated: September 1, 2022

Stegen Athletic Clubs, LLC d/b/a Fayetteville Athletic Club operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our FAC Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the Program and/or Membership, you accept and agree to these Mobile Messaging Terms and our Privacy Policy

Program Description:

We may send promotional and transactional mobile messages in various formats through your membership or program. Promotional messages advertise and promote our products and services and may include promotions, specials and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include membership and program updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed 5 messages per month. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

User Opt-In:

By providing your mobile phone number to us, you are voluntarily opting into the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at info@fayac.com. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.

User Opt-Out and Support:

You may opt-out of the Program at any time. If you wish to optout of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

Disclaimer of Warranty and Liability:

The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.

Modifications:

We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications