Children Policy 

No children are allowed on the premises unless explicitly permitted under the exceptions listed below. This policy helps ensure a safe and productive environment for all members.

Age Restriction (Updated):

• Persons using our fitness membership must be at least 18 years of age to hold a fitness membership.

• Persons under 14 years of age are not permitted on the premises unless actively participating in an approved FQP youth program.

• Persons aged 14–17 may only use the gym during staffed hours and must be accompanied at all times by a parent or legal guardian.

• No individuals under the age of 18 are permitted to access or remain on the premises after staffed hours, regardless of consent.

Violation of these policies may result in immediate removal from the premises and/or termination of membership. FQP staff reserves the right to verify the age of any individual at any time.

Liability and Supervision

FQP does not provide childcare and shall not be held liable under any circumstances for the supervision or safety of minors. Parents and guardians are fully responsible for the conduct, behavior, and safety of minors they bring into the facility in compliance with the exceptions outlined.

Exceptions

Exceptions to this policy may be granted for:

• Supervised and structured youth events officially organized by FQP.

• Athletes who are actively participating in a FQP-approved youth training program.

• Siblings of athletes in training programs, only if under direct supervision of their parent/guardian in the court area.

Compliance and Enforcement

Failure to comply with this policy will result in revocation of membership and may involve notification of local authorities for any unauthorized access or conduct involving minors.

Emergency Procedures and Member Safety

FQP is committed to providing a secure and responsive environment for its members. The following policies have been established to address emergencies and improve facility-wide safety:

Panic Button System

The facility is equipped with panic buttons, clearly marked and placed in accessible locations. In the event of an emergency, members are encouraged to immediately activate a panic button to notify emergency services. Misuse of this system may result in penalties including suspension or revocation of membership.

Medical Crisis Response Plan

FQP maintains an up-to-date Medical Crisis Plan to ensure the prompt and effective response to medical emergencies. This plan outlines:

• Contact protocols for emergency medical services (EMS)

• Location of first-aid kits and AEDs

• Steps to follow in the event of injury, illness, or life-threatening incident

The plan is visibly posted within the facility and is available for review upon request at the front desk.

FIFTH Quarter Performance LLC (FQP) Membership Agreement

FIFTH Quarter Performance LLC (“FQP”) operates a fitness and performance facility at 2109 W Frank Ave, Lufkin, Tx (the “Gym”). The undersigned ("Member") is seeking membership to the Gym and agrees to the following terms and conditions (“Agreement”):

MEMBERSHIP FEES & BILLING

The Membership Fee, plus sales tax, for the selected Membership Plan will be charged immediately upon signing and submitting this Agreement. The first payment will be prorated if Member joins after the first day of the month. Membership Fees must be paid by credit card, debit card or bank draft only. Forms of payment other than credit card or debit card, including but not limited to cash*, check, CashApp and Venmo, will NOT be accepted as payment.

As part of the onboarding process, Member is required to register for an online Member Portal and save a credit card or debit card on file. Saved cards can be updated via the Member Portal, as needed. Going forward, the full Membership Fee, plus sales tax, will be automatically charged to the card on file on the scheduled payment date, according to the cadence of the selected Membership Plan. Paid invoices and scheduled charges will be visible in the Member Portal.

Membership Fees will be automatically billed, according to the Membership Plan selected, until this Agreement is cancelled, frozen, or a different Membership Plan is selected. Membership Fees may be increased, according to the sole discretion of FQP, on January 1st of each calendar year. Any increase will take effect on Member’s next billing date on or after January 1st, and Member will be notified of an increase via email at least 30 days before it takes effect.

FQP reserves the right to make reasonable changes to the billing processes outlined in this section, according to its sole discretion.

MEMBERSHIP POLICIES

Membership Late Payment : If full payment is not made 7 days from the billing due date, Member access to the Gym will be suspended until full payment is made. Payments more than 7 days overdue will be assessed a $25 late fee, and Payments more than 14 days overdue will result in the immediate termination of this Agreement and all membership privileges. To reinstate membership after termination due to overdue payment, Member must pay all outstanding fees and penalties, in addition to a $50 reinstatement fee. Any exceptions to the late payment policy will be at the sole discretion of FQP.

Membership Freeze: Membership plans may be frozen by Member request. Member must notify FQP via email or the Member Portral. A membership can be paused for a maximum of 3 months. After 3 months, the membership will resume automatic withdrawal for payments from the card on file unless the member requestto cancel the membership. During a freeze, Member will not have access to the Gym and no payments will be due.

Membership Cancellation: Requests for cancellation must be submitted to FQP via email or the Member Portal. The request must be made within 14 days of Member’s next payment date . If cancellation is requested less than 14 days before their next payment date, the membership will be canceled after the next scheduled payment date.

HOURS OF OPERATION

The Gym is available for Member use:

Monday - Saturday | 4:00am - 12:00am 

Sunday | 4:00am - 5:00pm 

365 days per year, with the exception of any closures for maintenance, certain holidays, previously announced events, or any mandatory shutdowns by management or any governmental authority. From time to time, FQP reserves the right to host events that may temporarily disrupt the availability of the Gym. Notice will be given via email at least 24 hours prior to any scheduled disruption in Gym availability.

MEMBER ACCESS

Member will be granted access to the front doors to the Gym via a mobile application (KISI), downloaded from a designated mobile app store. Member agrees to the download and use of such mobile application, including the creation of any required account and the granting of all required mobile permissions. Member agrees not to share or allow any other person(s) access to the Gym using Member's access credentials, and Member will not allow any other person(s) to enter the Gym along with Member. FQP reserves the right to make reasonable changes to these access protocols. Should Member violate any provisions of this section, FQP reserves the right to (1) charge Member $20 per person for unlaw entry at the consequence of the Member   (2) immediately terminate this Agreement without refund and bring applicable criminal prosecution.

STAFF NOT GUARANTEED

FQP does NOT guarantee the presence of staff or representatives during Member or Visitor visits to the Gym. If problems arise and no FQP representative is present, then please use the contact information posted on the front door, social media, or www.fifthqp.com . In the event of an emergency situation, call 911 immediately or use the panic button located behind the front desk. 

SECURITY CAMERAS

For safety and security purposes, security cameras provide visual and audio monitoring of the Gym at all times. By accepting this Agreement, Member acknowledges and consents that all movements, actions, and conversations while in the Gym are monitored and recorded.

RULES & REGULATIONS, PROHIBITED ACTIVITIES, AND MEMBER CONDUCT

RULES & REGULATIONS

Member acknowledges that FQP has established certain rules and policies for the safety, comfort, and protection of Members and staff while at the Gym. Member agrees to abide by and be bound by all rules and policies, as well as by rules and policies subsequently approved and posted or published by FQP. Facilities, equipment, amenities, services, policies, and rules are subject to change, without prior notice, at the sole discretion of FQP, and Member accepts such reasonable changes as a condition of membership.

Use of infrared saunas is at Member’s own risk. Members are responsible for reading and following all posted guidelines and warnings about infrared sauna use.

PROHIBITED ACTIVITIES

Alcohol, drugs (including steroids), and smoking are prohibited within the Gym or on the premises. Member agrees not to use the Gym or engage in any activity at the Gym while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. 

No weapons of any kind are allowed within the Gym or on the premises. Gambling and gaming are prohibited within the Gym or on the premises. FQP reserves the right to limit the consumption of food and/or beverages within the Gym. FQP reserves the right to limit the use of outside equipment within the Gym. Member may not operate a personal training/sports training business/sessions at the Gym or serve as a personal trainer/sports trainer to clients at the Gym unless Member interviews with management, signs a separate Trainer Agreement with FQP and pays applicable fees.

MEMBER CONDUCT

FQP is committed to the health, safety, and welfare of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Respect, tolerance, and inclusivity are expected at all times within the Gym and on the premises. FQP reserves the right to judge Member behavior and respond accordingly if Member engages in behavior deemed unacceptable by FQP.

VIOLATIONS

Should Member violate any provisions of this section, FQP reserves the right to immediately terminate this Agreement without refund and bring applicable criminal prosecution, according to the terms of the aforementioned section. 

MEMBER INFORMATION, PORTAL ACCESS, AND CONFIDENTIALITY

It is Member’s responsibility to notify FQP of any changes to information Member provides during onboarding, including name, address, phone number, email address, emergency contact information, and payment information (“Member Information”). 

FQP provides a Member Portal that Member can use to manage this information; Member is responsible for choosing a secure password for this Portal. Intentional or negligent misrepresentation of Member Information is grounds for termination of this Agreement.. Member Information will be treated by FQP, its personnel, and its contractors as confidential and will not be released or revealed to any person outside of FQP without express consent of Member or as required by law. FQP shall employ reasonable and appropriate safeguards to protect Member Information.

LOST ARTICLES & LOCKERS

FQP assumes no responsibility for lost or stolen articles in the Gym or on the premises. Lost and found articles not claimed after 30 days will be donated to charity, thrown away, or otherwise discarded.

PENALTY TERMINATION

Member acknowledges that FQP may terminate this Agreement at any time, in its sole and absolute discretion, in response to violations of this Agreement, and that in so doing, FQP assumes no further liability to adhere to the terms of this Agreement. 

A terminated Member shall remain fully liable for all outstanding fees and any other expenses payable to FQP. No refunds will be provided to terminated Members. FQP also reserves the right to bring any applicable criminal prosecution.

ENTIRE AGREEMENT

This Agreement, including any schedules, lists, and other documents referred to in this Agreement which form a part of this Agreement, embody the entire Agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.

This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Texas.

ENFORCEMENT

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.

ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

ASSUMPTION OF RISK

F.I.F.T.H. QUARTER PERFORMANCE, LLC

NOTICE TO PARTICIPANT: By signing this agreement, you are giving up certain legal rights, including the right to sue. Please read carefully and do not sign unless you understand and agree to the terms.

This Agreement is entered into by and between F.I.F.T.H. Quarter Performance, LLC , a Texas limited liability company ("FQP"), and the undersigned individual ("Member"), in connection with the use of FQP’s facilities located at 2109 W Frank Ave, Lufkin, Texas , and participation in any of its programs, services, or activities.

1. ASSUMPTION OF RISK
   I, {name}, acknowledge and fully understand that participation in fitness training, use of gym equipment, athletic activities, basketball, sport camps, sport leagues, recovery sessions, infrared saunas and related services offered by FQP involve inherent risks. These include, but are not limited to, serious bodily injury, illness, permanent disability, and even death. Member use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, bathrooms, showers, vibration chairs, compression sleeves, recovery room, saunas (including infrared saunas), lobbies, or other general areas of any facilities, or any equipment. These risks may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of FQP, its owners, employees, agents, contractors, other participants, and unforeseen conditions of the premises or equipment.

I voluntarily assume all such risks, known and unknown, including any risks arising from the use of exercise equipment, participation in classes or sports activities, or presence on FQP premises, regardless of fault or negligence.

2. WAIVER AND RELEASE OF LIABILITY
   To the fullest extent permitted under Texas law, I hereby irrevocably release, waive, discharge, and covenant not to sue F.I.F.T.H. Quarter Performance, LLC, its officers, members, managers, employees, agents, representatives, successors, and assigns (collectively, “Released Parties”) from any and all present and future claims, demands, actions, causes of action, damages, losses, or liabilities arising out of or relating to any personal injury (including death), illness, property damage, or other loss sustained by me, my spouse, or my minor child(ren) (if applicable), whether caused by the negligence of the Released Parties or otherwise, in connection with participation in any FQP program or use of the facilities.
   
   

3. MEDICAL ACKNOWLEDGEMENT
   I certify that I, and/or my minor child(ren) (if applicable), am/are physically fit and have no known medical condition or disability that would prevent or restrict safe participation in any activity offered by FQP. I have accurately disclosed all relevant medical information to FQP. I understand and acknowledge that FQP is not a medical provider and has no duty or ability to diagnose, prevent, or treat any medical condition, injury, or illness.
   
   

4. PROPERTY AND ILLNESS WAIVER
   I understand that FQP is not responsible for any loss, theft, or damage to my personal property while I am on the premises. I also understand that participation includes the risk of exposure to illnesses, including but not limited to COVID-19, and I assume full responsibility for any illness or aggravation of a medical condition resulting from such exposure.
   
   

5. NO GUARANTEE OF RESULTS
   I understand and agree that FQP has made no guarantees regarding outcomes or improvements as a result of my participation in its training programs, camps, or other services.
   
   

6. INDEMNIFICATION
   I agree to indemnify and hold harmless the Released Parties from any and all liabilities, damages, costs, and attorney’s fees incurred as a result of any claim brought against them arising out of my participation in any FQP activity or use of its facilities, including claims by third parties.
   
   

7. SEVERABILITY AND GOVERNING LAW
   If any provision of this agreement is found to be invalid or unenforceable under applicable law, the remainder shall remain in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and any legal action must be filed in a court of competent jurisdiction in Angelina County, Texas.
   
   

8. MEDIA CONSENT
   I agree and grant F.I.F.T.H. Quarter Performance, LLC permission to use photographs, video recordings, and audio recordings of me and/or my child for marketing, promotional, or commercial purposes in any media format, without compensation.
   
   

I acknowledge that I have read, fully understand, and voluntarily accept all terms of this Waiver and Release of Liability. I understand that by signing this document, I am waiving my right to bring any legal action against F.I.F.T.H. Quarter Performance, LLC and its affiliates as stated above.