Membership Agreement Terms

All Agreement Terms apply to all of Momentum Athletics offerings, including but not limited to:

  • Camps/Clinics

  • Choreography

  • Coaches Development

  • College Pipeline Program

  • Classes and Private Lessons

    • On the Mat

    • Beyond the Mat

  • North Carolina High School Showcase + College Fair

  • The Experience

ATTENTION: THIS AGREEMENT AND THE RULES AND POLICIES INCLUDE IMPORTANT TERMS THAT AFFECT YOUR RIGHTS SUCH AS BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. BY SIGNING ABOVE, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE FOLLOWING PAGES AND THE RULES AND POLICIES.

Description of Services, Facilities and Hours: Momentum Athletics offers pres-scheduled group classes and programs, pre-scheduled private lessons, pre-scheduled consultations, pre-scheduled camps/clinics and choreography, and a coaches development program at Momentum Athletics training locations, and may offer other types of services as described in our Rules and Policies or through online communications. Momentum Athletics may contain various tumbling equipment - mats, wedge mats, boulders, panel mats, trampolines, stands, treadmills, rowing machines, suspension straps, dumbbells, medicine balls, aerobic steps, stability balls, lockers, and separate men’s and women’s restrooms and showers. Our operating hours are from Mondays - Fridays: 5:00 AM to 8:00 PM; and closed on Saturday - Sundays. You agree that we and other Momentum Athletics facilities have sle discretion to change the type of quantity of classes, equipment or operating hours, unless the changes materially diminish the services offered. For additional information, visit www.momentum-athletics.com. 

Termination: We reserve the right to terminate or refuse to renew your Agreement for any lawful reason including, but not limited to, an unsatisfactory payment history or failure to comply with any rules, policies, or modifications to rules or policies during this Agreement term. We reserve the right to collect at any time delinquent or outstanding balance(s) including for any services or products provided or monthly payments owed. For the purposes of identification and billing, you agree to provide us with current and accurate information including your name, address, telephone number, and applicable payment details. You agree to notify us promptly of changes to such information. 

Death or Disability: If by reason of death or disability, you are unable to receive the services subject to this Agreement, this Agreement will be terminated and you or your estate will be relieved for the obligation of making payment services other than those received prior to death or the onset of disability and will be refunded prepaid monthly membership funds allocable to the remainder of the membership month within 30 days after request therefor. A physical disability sufficient to warrant cancellation of this Agreement will be established if you furnish us with a certification of such disability by a licensed physician. 

Permanent Relocation: Should you move your residence more than 8 miles from your present location, and more than 30 miles from the location of our Business Address, 1415 Abbey Place #21 Charlotte, NC 28209, and any substantially similar facility that will accept our obligations under this Agreement and N.C. Gen. Stat. Ann. 66-118 et seq. (Article 21; Prepaid Entertainment Contracts), payment on this Agreement will be suspended, and this Agreement will be terminated upon acceptable written verification of the move received by us. You will be refunded prepaid monthly membership funds allocable to the remainder of the membership month within 30 days after request therefore. Notwithstanding a cancellation under this provision, you will remain liable for all monthly membership (installment) payments prior to verification of your move. 

Studio Relocation: Should we relocate our training facilities more than 8 miles from our present location, or the services we provide are materially impaired, you will be refunded prepaid monthly membership funds allocable to the remainder of the membership month within 30 days after request therefor, payment on this Agreement will be suspended, and this Agreement will be terminated. 

Information Upon Request: We must deliver to you all information of a personal or private nature, including but not limited to answers to test or questionnaires, photographs, evaluations, and background information within 30 days after request therefore. 

Assumption of Risk, Release, Waiver of Liability and Indemnification: You are strongly encouraged to obtain medical clearance from you and/or your athlete’s physician before participating in a Momentum Athletics class. The class is not designed for individuals with known heart disease or functional impairment. You understand that (1) injury risks are inherent in any exercise program; (2) there exists the possibility for certain conditions occurring during or following the training and/or exercise; (3) you/your athlete’s are/si responsible for creating and maintaining a safe area around you clear of any potential hazards; and (4) you/your athlete’s registration for class is limited to your individual participation only. By signing this Agreement, you understand and voluntarily accept full responsibility for the risk of injury or loss arising out of or related to the services provided including responsibility for your guests. You agree that: (1) it is you/your athlete’s responsibility to disclose any medical condition or medication that could limit or prevent them from performing physical activity (including any medical symptoms or issues that arise while at/with Momentum Athletics); (2) we may require you to provide written physician approval before you may use any of our equipment or participate in any physical activity or class; and; (3) you may decrease or stop at any time any physical activity you perform at/with Momentum Athletics. YOU WAIVE ALL CLAIMS, ASSUME ALL LIABILITY AND RELEASE, HOLD HARMLESS, INDEMNIFY AND AGREEMENT TO DEFEND US, MOMENTUM ATHLETICS LLC, AND IT;S SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE ‘FRANCHISOR PARTIES’), ANY OTHER MOMENTUM ATHLETICS FACILITIES YOU MAY VISIT, AND ANY OWNER OF SUCH AND ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM LIABILITY FOR ANY INJURY, CLAIM, CAUSE OF ACTION, SUIT, DEMAND, AND DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, CONSEQUENTIAL DAMAGES, AND PUNITIVE DAMAGES), ARISING FROM OR RELATED TO: (1) YOUR FAILURE TO DISCLOSE ANY PRE-EXISTING CONDITIONS, LIMITATIONS, OR SENSITIVITIES; (2) YOUR PRESENCE ON OR NEAR THE PREMISES OF ANY MOMENTUM ATHLETICS TRAINING LOCATION(S); (3) YOUR PARTICIPATION IN ANY MOMENTUM ATHLETICS CLASS, PROGRAM, EVENT, LESSON, CAMP, CLINIC, TRAINING OR CHOREOGRAPHY OR USE OF ANY EQUIPMENT WITH/AT MOMENTUM ATHLETICS; (4) ANY CLAIMS RELATING TO LIBEL, INVASION OR PRIVACY AND VIOLATION OF PUBLICITY AT ANY MOMENTUM ATHLETICS TRAINING LOCATIONS. YOU AGREE THAT THE ABOVE ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND THIS INDEMNIFICATION IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW. FURTHER, YOU AGREE THAT IF ANY PORTION OF THIS ASSUMPTION RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION PROVISION IS HELD INVALID, THE BALANCE OF SUCH SHALL BE VALID AND CONTINUE IN FULL LEGAL FORCE AND EFFECT. THE TERMS AND CONDITIONS OF THIS PROVISION ARE BINDING ON YOU, YOUR ESTATE, FAMILY, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS. 

Binding Individual Arbitration and Class Action Waiver: Any disputes arising out of or relating to this Agreement or your participation in any Momentum Athletics offering or use of any equipment at any Momentum Athletics training location(s), including any dispute with the owner, shall be governed by North Carolina law regardless of your country or state of origin or the location of any Momentum Athletics training location you visit, and notwithstanding any conflicts of law principles. Any Disputes will be resolved by final and binding individual arbitration, rather than in court and without a jury, except that you may assert claims in small claims court if your claims qualify. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Momentum Athletics at the address or email address listed at the top of this Agreement. This arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org). Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and who are proper parties to the Arbitration, will be submitted to and ruled on by the Arbitrator. The party that ultimately loses will be responsible for arbitration costs and reasonable documented attorneys’ fees and costs of both parties. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the country where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and order to compel arbitration only on an individual basis and not in a class, consolidated or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action, nor may any Dispute be pursued on your behalf in any litigation in any court except as provided as above. If for any reason a Dispute proceeds in court rather than arbitration, we each waive any right to a jury trial. You may opt out of binding arbitration and this class action and jury trial waiver by giving written notice to us within 30 days of signing this Agreement unless a longer period is required by law. Your written notification must be mailed, emailed, or delivered to Momentum Athletics at the address or email address listed at the top of this Agreement within 30 days of the date you sign this Agreement and must include your name, your address and a clear statement that you do not wish to Disputes through Arbitration. 

Text Messages and Phone Calls: With your consent, Momentum Athletics may send you advertising text messages to the number provided. These text messages may be sent via an automatic telephone dialing system. You are not required to consent to advertising text messages to become a Momentum Athletics member or to purchase goods/services. For all text messages, standard message and data rates apply. Momentum Athletics may contact you by telephone at the phone number you provide. 

Use of Your Image, Likeness or Voice: We may photograph, record on audio or video, or otherwise record any Momentum Athletics offerings. In exchange for your use of Momentum Athletics or your participation in any Momentum Athletics, you understand that you may be photographed, recorded on audio or video, or otherwise recorded and agree for all purposes to the sale, reproduction or use in any manner of any photography, audio, video or other recording depiction of your likeness or voice whatsoever by us, including without limitation any agency, client, periodical or other publication in all forms of media, whether now or later devised, throughout the world in perpetuity, and in all manners, including without limitation advertising, trade, display editorial, art, and exhibition. You further understand that any photography, audio, video, or other recording or depiction of your likeness or voice may be modified, altered, cropped, and combined with other content such as images, video, audio, text, graphics and waive any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your likeness or voice. 

Use of Personal Information: For information on how Momentum Athletics may collect and process personal information related to the paper or digital forms you complete, your use of training locations, or your participation in any Momentum Athletics offerings, please see www.momentum-athletics.com/privacy-policy. 

Transferability: This membership is not transferable by you. 

Severability: If any part of this Agreement is held invalid (other than the Class Action Waiver clause above), that part will be excluded from this Agreement and the remainder of the Agreement will remain in full force and effect. If the Class Action Waiver is held invalid, we agree that any Dispute will be decided by a court rather than by arbitration and we each agree to waive any right to a jury trial. 

Entire Agreement: You agree that this Agreement and the Rules and Policies as amended and modified constitute the entire agreement. 


Last Updated: May 1, 2024