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Terms of Service

Effective Date: March 1, 2026

Welcome to Bionic Barbell. These Terms of Service (the "Terms") cover your use of bionicbarbell.com (the "Site") and the services provided by Telshor Operating Partners, LLC (DBA Bionic Barbell) — "we," "us," or "the gym" — located at 900 N Telshor Blvd, Las Cruces, NM 88011. By using the Site or any of our services, you agree to these Terms.

1. You accept these Terms by using our Site or services.

By visiting the Site, buying a membership, signing up for a class, or using any of our services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or our services.

2. Who can join.

You must be at least 18 to sign a membership agreement. People under 18 can use the gym only if their parent or legal guardian has an active membership and has signed all required waivers. Childcare has its own rules and age limits.

3. Our memberships and services.

We offer gym access, group fitness classes, personal training, cryotherapy, red light therapy, PEMF therapy, oxygen therapy, childcare, and more. Pricing and availability may change. The specific terms of your membership are in your signed membership agreement.

Cancellations and refunds

Cancellations and refunds are handled under the terms of your individual membership agreement and applicable New Mexico law. To cancel, contact the front desk or email us.

Insurance-based memberships

If you joined through SilverSneakers, Silver&Fit, Renew Active, Active&Fit, or a similar program, your membership is also subject to that program's rules and eligibility requirements. We may verify your eligibility at any time.

4. Rules for using the gym.

When you use our facility, you agree to:

We may suspend or cancel any membership for rule violations, at our sole discretion, with or without notice.

5. You accept the risks of working out.

Exercise carries real risks — muscle strains, sprains, broken bones, heart events, and other injuries. By using the gym and our services (including cryotherapy, red light therapy, PEMF therapy, oxygen therapy, and any other service), you voluntarily accept all of those risks. You may need to sign a separate waiver before using certain services. If you do not sign a required waiver, you will not be allowed to use those services.

6. We are not doctors.

Our staff does not give medical advice. Our services — including recovery therapies and personal training — are not a substitute for professional medical advice, diagnosis, or treatment. Talk to a qualified healthcare provider before starting any exercise program or using our recovery services, especially if you have a pre-existing condition.

7. Childcare.

Childcare is available to active members as an extra service with its own rules and availability. Parents and guardians are responsible for checking their kids in and out properly. We may change or limit childcare services, hours, and capacity at any time.

8. Our content belongs to us.

Everything on the Site — text, graphics, logos, photos, videos, and software — is ours (or our licensors'), and is protected by copyright, trademark, and other intellectual property laws. Do not copy, distribute, modify, or make derivative works from any of it without our prior written consent.

9. Content you send us.

When you send us testimonials, reviews, photos, or any other content (through the Site, email, or social media), you grant us a free, worldwide, perpetual, non-exclusive license to use, reproduce, modify, and display that content for marketing and promotional purposes.

10. Third-party links.

The Site may link to third-party websites or integrate with third-party services (scheduling, payment processors, etc.). We are not responsible for their content, accuracy, or practices. Your use of third-party services is subject to their own terms.

11. We limit our liability.

To the maximum extent the law allows, Bionic Barbell — including our owners, employees, trainers, and agents — is not liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or related to your use of the Site or our services, even if we knew those damages were possible.

Our total liability to you for any claim arising from your use of the Site or our services will never exceed the amount you paid us in the twelve (12) months before the claim.

12. You will indemnify us.

If someone sues us because of your use of the Site or our services, your violation of these Terms, or your violation of someone else's rights, you will pay our legal costs (including reasonable attorneys' fees), damages, and any other losses related to that claim.

13. New Mexico law applies.

These Terms are governed by New Mexico law, without regard to its conflict-of-laws rules. Any lawsuit must be brought exclusively in the state or federal courts in Doña Ana County, New Mexico.

14. If part of these Terms cannot be enforced.

The rest of the Terms still apply.

15. We may update these Terms.

We may change these Terms at any time. Changes take effect when we post them on the Site with a new Effective Date. If you keep using the Site or our services after a change, you are accepting the updated Terms.

16. Mobile Messaging Terms.

Last updated: April 17, 2026

Program name: Bionic Barbell

What we send: The Bionic Barbell text message service (the "Service") sends you recurring SMS/text messages about your gym membership — welcome messages, class and appointment reminders, billing and account notices, facility updates, and sometimes promotional offers like specials and events.

The Service is run by Bionic Barbell ("Bionic Barbell," "we," or "us"). Using the Service means you agree to these Mobile Terms. We may change or cancel the Service at any time without notice. To the extent the law allows, we may also change these Mobile Terms at any time, and continuing to use the Service after a change means you accept it.

By opting in, you agree to receive recurring SMS/text messages from or on behalf of Bionic Barbell at the mobile number you provided, through your wireless carrier, even if your number is registered on a state or federal Do Not Call list. Messages may be sent using an automatic dialing system or similar technology.

You do not have to sign up to make any purchase with us. Signing up for texts is completely voluntary.

We do not charge for the Service, but your wireless carrier may charge you for messages and data. Message frequency varies; expect up to 10 messages per month. Check your mobile plan and contact your wireless provider for details. You are responsible for all carrier charges related to our texts.

To opt out at any time: text STOP to (575) 639-7451, or reply STOP to any text we send you. You will receive one opt-out confirmation message, and we will not send any more texts unless you start the conversation again. If you are signed up for other Bionic Barbell text programs, opt out of each one separately.

For help: text HELP to (575) 639-7451, email support@bionicbarbell.com, or call (575) 202-6498.

We may change the short code or phone number we use for the Service, and will notify you if we do. If you text STOP or HELP to an old number after a change, we may not receive it, and we will not be responsible for honoring it. Wireless carriers are not liable for delayed or undelivered messages. You agree to give us a valid mobile number; if you get a new number, you will need to re-enroll.

To the extent the law allows, we are not liable for failed, delayed, or misdirected delivery of any Service message, for errors in any information we send, or for any action you take (or do not take) based on the Service.

For how we handle your personal information, see our Privacy Policy. We do not share mobile numbers or SMS opt-in consent with third parties or affiliates for their marketing purposes.

17. Contact us.

If you have any questions about these Terms, contact us:

Telshor Operating Partners, LLC (DBA Bionic Barbell)
900 N Telshor Blvd
Las Cruces, NM 88011
Email: support@bionicbarbell.com
Phone: (575) 202-6498