Terms of Service

Effective Date: March 1, 2026

Welcome to Bionic Barbell. These Terms of Service ("Terms") govern your use of the website bionicbarbell.com (the "Site") and the services provided by Bionic Barbell, LLC ("Bionic Barbell," "we," "us," or "our"), located at 900 N Telshor Blvd, Las Cruces, NM 88011. By accessing our Site or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the Site, purchasing a membership, registering for classes, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Site or services.

2. Eligibility

You must be at least 18 years of age to enter into a membership agreement with Bionic Barbell. Individuals under 18 may use the facility only with a valid membership held by a parent or legal guardian who has signed all required waivers. Use of our childcare services is subject to separate policies and age requirements.

3. Memberships and Services

Bionic Barbell offers various memberships and services, including but not limited to gym access, cryotherapy, red light therapy, PEMF therapy, oxygen therapy, personal training, group fitness classes, and childcare. Membership terms, pricing, and availability are subject to change. Specific terms for your membership are outlined in your membership agreement.

Cancellation and Refunds

Membership cancellation policies are governed by your individual membership agreement. Refunds, if applicable, will be processed in accordance with the terms of your agreement and applicable New Mexico law. Please contact our front desk or email us for cancellation requests.

Insurance-Based Memberships

Members participating through insurance or benefit programs (e.g., SilverSneakers, Silver&Fit, Renew Active, Active&Fit) are subject to the terms and eligibility requirements of those respective programs. Bionic Barbell reserves the right to verify eligibility at any time.

4. Facility Rules and Conduct

By using our facility, you agree to:

• Follow all posted rules, staff instructions, and safety guidelines
• Use equipment properly and return it to its designated location after use
• Treat staff, members, and guests with respect
• Wear appropriate athletic attire and closed-toe shoes in workout areas
• Refrain from any behavior that is disruptive, dangerous, or harassing
• Not bring weapons, illegal substances, or alcohol onto the premises

Bionic Barbell reserves the right to suspend or terminate any membership for violation of facility rules, at our sole discretion, with or without notice.

5. Assumption of Risk and Waiver

Physical exercise involves inherent risks, including but not limited to muscle strains, sprains, fractures, cardiovascular events, and other injuries. By using our facility and services, you voluntarily assume all risks associated with physical activity and use of gym equipment, recovery services (including cryotherapy, red light therapy, PEMF therapy, and oxygen therapy), and any other services offered at Bionic Barbell.

You acknowledge that a separate written waiver and release of liability may be required before using certain services. Failure to sign required waivers may result in denial of access to those services.

6. Health Disclaimer

Bionic Barbell and its staff do not provide medical advice. Our services, including recovery therapies and personal training, are not substitutes for professional medical advice, diagnosis, or treatment. You should consult with a qualified healthcare provider before beginning any exercise program or using recovery services, particularly if you have any pre-existing medical conditions.

7. Childcare Services

Childcare is available to active members as a supplementary service subject to separate terms and availability. Parents or guardians are responsible for ensuring their children are checked in and out properly. Bionic Barbell reserves the right to limit or modify childcare services, hours, and capacity at any time.

8. Intellectual Property

All content on the Site — including text, graphics, logos, images, videos, and software — is the property of Bionic Barbell or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

9. User Content

By submitting testimonials, reviews, photos, or other content to Bionic Barbell (whether through the Site, email, or social media), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content for marketing and promotional purposes.

10. Third-Party Links and Services

The Site may contain links to third-party websites or integrate with third-party services (e.g., scheduling platforms, payment processors). We are not responsible for the content, accuracy, or practices of any third-party sites or services. Your use of third-party services is governed by their respective terms and policies.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Bionic Barbell, its owners, employees, trainers, and agents shall not be 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 services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from your use of the Site or services shall not exceed the amount you paid to Bionic Barbell in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Bionic Barbell, its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or services, your violation of these Terms, or your violation of any rights of a third party.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Dona Ana County, New Mexico.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated effective date. Your continued use of the Site or services after any changes constitutes your acceptance of the revised Terms.

16. Mobile Messaging Terms

Last updated: November 28, 2025

The Bionic Barbell mobile message service (the "Service") is operated by Bionic Barbell ("Bionic Barbell," "we," or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Bionic Barbell's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bionic Barbell through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bionic Barbell. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18333828159 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bionic Barbell mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18333828159 or email preston@bionicbarbell.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

17. Contact Us

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

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