Rules & Regulations

 

These Rules and Regulations apply to all Members and Authorized Users of KDK GYM LLC dba Kodiak Fitness Center- Gold (“KODIAK”). They are intended to promote a safe, respectful, and efficient environment for all Members and Authorized Users of KODIAK’s facilities.

These Rules and Regulations are incorporated into each Member’s Agreement. If there is a direct conflict between these Rules and Regulations and the Agreement, the Agreement controls with respect to billing terms, membership or package term, statutory cancellation rights, and any other matter expressly addressed in the Agreement. Facility-use standards, conduct rules, safety rules, Recovery Room rules, class procedures, and similar operational matters are governed by these Rules and Regulations unless the Agreement expressly provides otherwise.

KODIAK may suspend, restrict, revoke, or terminate a Member’s or Authorized User’s facility privileges or membership for violations of these Rules and Regulations in accordance with the enforcement procedures below.

1.- Definitions

For purposes of these Rules and Regulations:

  1. “Member” means a person who has entered into an Agreement with KODIAK.
  2. “Authorized User” means a person who is granted limited, revocable permission by KODIAK to access and use some or all of KODIAK’s facilities, subject to specific terms and conditions, without entering into an Agreement, as defined below, including, without limitation, guests, trial users, invitees, contractors, service providers, minors or dependents using KODIAK’s facilities under a Member’s authorization (if allowed).
  3. “KODIAK’s premises” means all real property, buildings, structures, and physical areas owned, leased, operated, or otherwise controlled by KODIAK, whether interior or exterior, including, without limitation, entrances, exits, sidewalks, parking areas, common areas, lobbies, reception areas, locker rooms, restrooms, hallways, offices, storage areas, and any surrounding or adjacent areas under KODIAK’s control, whether or not designated for exercise or fitness use.
  4. “KODIAK’s facilities” means the equipment, amenities, services, and designated fitness or training areas made available for exercise, training, or related activities within KODIAK’s premises.
  5. “Agreement” means the written agreement between the Member and KODIAK, including, without limitation, any membership and/or package agreements, under which the Member is granted limited, revocable access to KODIAK’s facilities, equipment, and/or a defined bundle of services, sessions, or programs, whether on a recurring (membership) or prepaid (package) basis. The Agreement governs fees, billing (including any auto-renewal), term and expiration, usage rights, scheduling and cancellation policies, and conditions for suspension or termination, among other terms.
  6. “Management” means KODIAK’s general manager, assistant manager, operations manager, membership manager, or another employee designated to make enforcement decisions.
  7. “Serious Misconduct” means conduct defined in Section 19.
  8. “Training Support Staff” means KODIAK personnel assigned to provide basic machine-use guidance as described in these Rules and Regulations.
  9. “Recovery Room” means the designated post-workout recovery area described in Sections 7 and 8.
  10. “Effective Date” means the date set forth below in Section 27.

2.- Member and Authorized User Identification and Entry

  1. Upon entering KODIAK’s premises, a Member or Authorized User must present valid proof of membership in the form of a membership card, KODIAK application barcode, or another identification method approved by KODIAK.
  2. A Member or Authorized User may be denied entry if the Member or Authorized User does not present required proof of membership or other requested identification reasonably needed for security or account verification.
  3. KODIAK may require additional identification where reasonably necessary to verify account ownership, administer account restrictions, or protect Member safety.

3.- Compliance with Rules and Agreement

  1. Members and Authorized Users must comply with these Rules and Regulations, posted safety instructions, and reasonable directions from KODIAK staff relating to safety, sanitation, security, class administration, and proper use of the Facilities.
  2. Members and Authorized Users must comply with stated and customary rules for participation in and use of equipment.
  3. A Member remains responsible for payment obligations under the Agreement even if the Member does not use KODIAK’s facilities or services, subject to any cancellation rights stated in the Agreement or provided by applicable law.

4.- Outstanding Balances and Account Restrictions

  1. KODIAK may deny a Member or Authorized User access to KODIAK’s facilities, including classes, if the Member’s account has an outstanding past-due amount payable under the Agreement.
  2. If a Member or Authorized User violates the Agreement or these Rules and Regulations, KODIAK may suspend the Member’s or Authorized User’s right to use KODIAK’s facilities until KODIAK receives reasonable assurance of future compliance.
  3. During a valid suspension, the Member or Authorized User is not entitled to a credit for prepaid dues or fees except to the extent required by the Agreement or applicable law.
  4. Continued violations may result in further restrictions or termination in accordance with Sections 19 through 25.

5.- Commercial Activity and Unauthorized Training

  1. Members and Authorized Users are strictly prohibited from engaging in any commercial, business, or revenue-generating activity within KODIAK’s premises without KODIAK’s prior express written consent, which may be granted or withheld in KODIAK’s sole and absolute discretion.
  2. Without limiting the foregoing, no Member or Authorized User shall, under any circumstances, act or hold themselves out as a trainer, coach, instructor, consultant, or solicitor, or otherwise provide, offer, or attempt to provide any instruction, guidance, supervision, programming, or services of any kind to any other Member or Authorized User, whether directly or indirectly, and whether for compensation or not, by any means, manner, or method whatsoever, unless expressly authorized in advance in writing by KODIAK.
  3. KODIAK reserves the immediate right, without prior notice, to remove any Member or Authorized User engaged in prohibited conduct from KODIAK’s premises for that visit, and to suspend or terminate the Member or Authorized User’s access and/or membership in accordance with Section 20.
  4. Any fees, revenues, or other consideration derived from prohibited conduct shall be subject to immediate disgorgement, to the fullest extent permitted by applicable law, and any monetary remedies or damages arising from such conduct shall be governed exclusively by the Agreement and Section 22 of these Rules and Regulations.

6.- Dress Code

  1. Members and Authorized Users must comply with KODIAK’s dress code at all times while in KODIAK’s facilities.
  2. Appropriate athletic attire and footwear are required when using equipment or participating in classes.
  3. Flip-flops, open-toe shoes, sandals, or bare feet are prohibited in workout and class areas, except where a specific amenity rule expressly provides otherwise.
  4. KODIAK may deny access to workout or class areas when attire or footwear creates safety, sanitation, or equipment-protection concerns.

7.- Recovery Room Amenity (If applicable)

  1. KODIAK may make available to Members and Authorized Users a designated post-workout recovery area referred to as the Recovery Room, which may include tools, systems, or equipment intended to support post-exercise recovery, comfort, circulation, or similar wellness objectives.
  2. Unless KODIAK states otherwise in writing, access to the Recovery Room is offered as an optional amenity and, when offered, may be provided without a separate fee and without advance reservation.
  3. Access to the Recovery Room is subject to availability, occupancy limits, maintenance needs, staffing considerations, and posted time limits or operating procedures. KODIAK does not guarantee that the Recovery Room or any specific tool or system will be available at any particular time.
  4. The Recovery Room is not medical care, physical therapy, rehabilitation treatment, or a substitute for professional medical advice, diagnosis, or treatment. Members and Authorized Users should consult an appropriate healthcare professional before using any recovery tool or system if they have a medical condition, injury, implanted device, physical limitation, pregnancy-related concern, or any other condition that may make use inadvisable.
  5. Before using the Recovery Room or any of its tools or systems, the Member or Authorized User is responsible for becoming familiar with posted operating instructions and requesting staff assistance if the Member or Authorized User does not understand how to use the area or equipment safely.
  6. Members and Authorized Users must discontinue use immediately and notify staff if they experience pain, dizziness, discomfort, or any adverse physical reaction while using the Recovery Room.
  7. KODIAK may establish additional written operating rules for the Recovery Room. Any material change to those rules will be governed by Section 23.
  8. Subject to the Agreement and applicable law, KODIAK may modify, suspend, restrict, discontinue, or begin charging a separate fee for access to the Recovery Room or any of its tools or systems upon notice as provided in Section 23, except that immediate temporary restrictions may be imposed for safety, maintenance, repair, legal compliance, or emergency operational reasons.

8.- Recovery Room Operating Rules (If applicable)

  1. No more than four (4) individuals, either Members or Authorized Users, may be in the Recovery Room at any given time unless KODIAK posts a different occupancy limit.
  2. Members and Authorized Users must be at least eighteen (18) years old to access or use the Recovery Room unless KODIAK adopts a different written policy.
  3. Members and Authorized Users should avoid eating immediately before using Recovery Room tools or systems.
  4. Changing clothes is not permitted in the Recovery Room.
  5. Bags, weight equipment, and exercise activities are not permitted in the Recovery Room. Members and Authorized Users must keep personal belongings secure and out of the way of others.
  6. For hygiene and sanitation, Members and Authorized Users should arrive clean and must wipe down surfaces they touch using provided disinfectant wipes, including the inside surfaces of shared recovery equipment where applicable, and must properly dispose of used wipes.
  7. Members and Authorized Users must enter and exit Recovery Room tools and systems slowly and use all tools and systems only as intended.
  8. Members and Authorized Users must respect others’ privacy and recovery routines and keep noise to a minimum. Headphones or earbuds are required for audio played on phones, tablets, laptops, or similar devices.
  9. Members and Authorized Users should hydrate before using the Recovery Room and may keep only a closed water bottle in the area unless staff approves otherwise.
  10. Food and beverages other than a closed water bottle are not permitted in the Recovery Room.
  11. Nudity is strictly prohibited.
  12. Members and Authorized Users should avoid attire made of PVC or attire with exposed dangling metal that may interfere with equipment or create a safety concern.
  13. Footwear worn outside the Recovery Room may not be worn inside the Recovery Room if KODIAK posts or enforces a non-outdoor-shoe requirement for that area. Where a specific recovery tool requires socks or other designated foot covering, Members and Authorized Users must comply with that requirement.
  14. Members and Authorized Users must comply with posted time limits and exit when their allotted time ends.
  15. Members and Authorized Users must contact staff immediately in the event of discomfort, equipment problems, or an emergency.
  16. KODIAK may remove any person, including, without limitation, Members and Authorized Users, from the Recovery Room for safety, sanitation, occupancy, misuse, or conduct reasons.

9.- Respectful Conduct

  1. Members and Authorized Users must not use loud or profane language in a manner that disrupts others.
  2. Members and Authorized Users must not molest, badger, antagonize, taunt, threaten, assault, or harass other Members, staff, trainers, or Authorized Users.
  3. Members and Authorized Users must always consider the rights and privileges of other Members and Authorized Users, and must treat Members, Authorized Users, employees, and trainers with respect and courtesy.
  4. KODIAK may contact law enforcement when a Member or Authorized User engages in conduct that reasonably appears unlawful, violent, threatening, or otherwise creates a safety risk.

10.- Drugs, Steroids, Smoking, Vaping, Alcohol, and Intoxication

  1. Illegal drugs, unlawful steroid use, sale, possession, distribution, exchange, or trading are prohibited on KODIAK’s premises.
  2. Smoking, vaping, and alcohol consumption are prohibited at all times on KODIAK’s premises unless KODIAK designates a lawful exception in writing.
  3. Members and Authorized Users may not use KODIAK’s facilities while intoxicated or impaired to a degree that creates a safety risk or disrupts operations.
  4. KODIAK may remove any person whose condition creates an immediate safety concern.

11.- Photography, Filming, Cell Phones, and Media Use

  1. Members and Authorized Users may not use cell phones, cameras, or other recording devices in locker rooms, the Recovery Room, or other private or restricted areas designated by KODIAK.
  2. Members and Authorized Users may take photos or videos only in public areas of KODIAK’s premises and only for personal, non-commercial use, unless KODIAK gives prior written permission.
  3. Members and Authorized Users may not use photos or videos taken at KODIAK to promote their own business or another person’s business, products, or services without prior written approval.
  4. Members and Authorized Users must comply with posted signs and staff instructions regarding photography and filming.
  5. KODIAK may photograph or video record within KODIAK’s premises for legitimate business purposes, including marketing, event promotion, internal communications, and social media content.
  6. A Member or Authorized User may be incidentally included in photographs or recordings taken by KODIAK or by other Members or Authorized Users in public areas.
  7. KODIAK may impose additional restrictions on photography or filming in specific areas or at specific times to protect privacy, safety, or Member or Authorized User experience.
  8. Any consent to use a Member’s or Authorized User’s likeness for promotional or commercial purposes is governed by the Agreement or a separate written media consent.

12.- Personal Training and Training Support Staff

  1. Personal training services at KODIAK may only be provided by employees of KODIAK or by independent contractors retained or approved by KODIAK.
  2. Training Support Staff (if applicable) may provide only basic instruction on how selected KODIAK cardio and strength machines operate.
  3. Training Support Staff are not required to provide personal training sessions, individualized exercise programming, or ongoing fitness supervision.
  4. KODIAK may modify the number, schedule, scope, or availability of Training Support Staff from time to time.

13.- Equipment Use and Safety Features

  1. Members and Authorized Users must use equipment only as intended and must use available safety features.
  2. If a Member or Authorized User is unsure how to use a machine, the Member or Authorized User must obtain basic operating instructions from Training Support Staff before use, if such staff are available.
  3. Members and Authorized Users are responsible for damage caused by misuse of equipment.
  4. Horseplay, reckless use of equipment, and unsafe conduct are prohibited.

14.- Equipment Cleanliness and Reset

  1. Members and Authorized Users are responsible for wiping down all equipment after each use and re-racking all weights.
  2. Chalk, magnesium carbonate, and any similar powder or liquid grip product are prohibited unless KODIAK designates an area where a specific product may be used.
  3. Collars must be used on weight bars at all times where applicable.
  4. Members and Authorized Users must report damaged or malfunctioning equipment to Training Support Staff or other staff immediately.
  5. Members and Authorized Users must not drop weights or dumbbells except where a specific area or equipment is expressly designed and approved for that purpose.
  6. Return all weights and equipment to proper racks after use.
  7. Wipe off cardiovascular equipment and benches after use.

15.- Workout Floor and General House Rules

  1. Equipment may be used only on the workout floor or in another area designated for that equipment.
  2. Gym bags, backpacks, purses, and motorcycle helmets are not permitted on the workout floor.
  3. Personal speakers are not permitted anywhere within KODIAK’s premises.
  4. Food is not permitted in fitness or class areas.
  5. Drinks are permitted only in closed containers, except where prohibited for safety reasons.
  6. Members and Authorized Users must dispose of trash in proper receptacles.

16.- Weapons

  1. Firearms and other weapons are prohibited on KODIAK’s premises to the fullest extent permitted by applicable law.
  2. KODIAK may remove any person who violates this rule and may contact law enforcement where appropriate.

17.- Class Reservations and Check-In

  1. Certain group classes require advance booking and reservation.
  2. Members or Authorized Users will not be permitted to participate in reservation-only classes unless they have properly reserved a spot and complied with applicable check-in procedures.
  3. If a Member or Authorized User books a class through the KODIAK application, the Member or Authorized User may cancel the booking up to two (2) hours before the class starts unless KODIAK posts a different written deadline for a specific class.
  4. If the Member or Authorized User does not cancel within the applicable period or does not check in by the class start time, the Member or Authorized User may be recorded as having missed the class.
  5. After two (2) missed reserved classes within a rolling thirty (30) day period, KODIAK may suspend the Member’s or Authorized User’s online booking privileges for up to ten (10) days.

18.- Service Animals

  1. Service animals that are individually trained to do work or perform tasks for individuals with disabilities are permitted to accompany Members and Authorized Users with disabilities in areas of KODIAK open to Members and Authorized Users, subject to applicable law.
  2. KODIAK may require removal of a service animal only where permitted by law, including where the animal is out of control and the handler does not take effective action to control it; where the animal poses a direct threat to the health or safety of others; or where the animal’s behavior fundamentally alters the nature of KODIAK.
  3. Pets and emotional support animals that are not service animals as defined by applicable law are not permitted in KODIAK’s premises unless otherwise required by law.

19.- Serious Misconduct

For purposes of suspension, removal, or termination, Serious Misconduct includes the following:

  1. Physical assault, attempted assault, fighting, or credible threats of violence.
  2. Harassment, stalking, intimidation, or repeated abusive conduct directed at Members, Authorized Users, or staff.
  3. Intentional damage to KODIAK’s property or intentional misuse of equipment creating a material risk of injury or damage.
  4. Unauthorized training, coaching, consultation, or solicitation as described in Section 5.
  5. Use, sale, possession, or distribution of illegal drugs on KODIAK’s premises.
  6. Possession of prohibited weapons on KODIAK’s premises, subject to applicable law.
  7. Recording or photographing others in violation of Section 11 in a manner that invades privacy, targets locker rooms, the Recovery Room, or other private areas, or continues after staff instruction to stop.
  8. Entering restricted areas, bypassing access controls, or using another person’s membership credentials.
  9. Conduct that, in Management’s reasonable judgment, creates an immediate and substantial risk to the health, safety, or legal rights of others.

20.- Enforcement and Remedies

  1. KODIAK may respond to violations of these Rules and Regulations by issuing a verbal warning, written warning, temporary removal for the day, temporary suspension of privileges, suspension of class booking privileges, termination of membership for Serious Misconduct or repeated material violations, or referral to law enforcement where appropriate.
  2. KODIAK will ordinarily use progressive enforcement for minor or first-time violations, but may bypass lesser measures where the conduct involves Serious Misconduct, an immediate safety concern, or repeated noncompliance.
  3. Immediate removal from KODIAK’s premises may occur when reasonably necessary for safety, security, sanitation, or investigation.
  4. Immediate termination should be reserved for Serious Misconduct, material fraud, credential misuse, repeated unauthorized commercial activity after warning, or conduct creating an immediate and substantial risk of harm.

21.- Payment Obligations and Nonuse

  1. Failing to use KODIAK’s facilities or services does not relieve a Member of the obligation to make payments required by the Agreement, subject to any cancellation rights in the Agreement and applicable law.
  2. Financial obligations relating to dues, fees, charges, billing disputes, cancellation rights, and any contractual payment schedule are governed by the Agreement.
  3. These Rules and Regulations do not create additional monetary penalties except where the Agreement expressly authorizes a particular charge or remedy.

22.- Monetary Remedies and Acceleration

  1. If the Agreement includes a right to accelerate future amounts due after termination for cause, KODIAK may seek acceleration only where all of the following apply:
  2. The Agreement expressly permits acceleration;
  3. The conduct involves Serious Misconduct or intentional fraud, not a minor, technical, or first-time rules violation;
  4. Management determines in writing that lesser remedies are inadequate under the circumstances; and
  5. The acceleration decision is approved by the general manager or another designated senior manager.
  1. Unless the Agreement expressly states otherwise, KODIAK will not accelerate the full remaining contract balance for dress code issues, missed class reservations, ordinary discourtesy, isolated profanity not involving threats or harassment, or other minor rules violations.
  1. Nothing in these Rules and Regulations limits KODIAK’s right to collect amounts already earned or already due under the Agreement.

23.- Rule Changes; Complete Supersession; Controlling Authority; Notice and Effective Date

  1. These Rules and Regulations are effective as of the Effective Date and constitute the sole and controlling rules governing access to and use of Members and Authorized Users of KODIAK’s facilities. As of the Effective Date, these Rules and Regulations expressly supersede, replace, and render null and void any and all prior or contemporaneous rules, regulations, policies, procedures, guidelines, or similar provisions, whether written or oral, and whether posted on-site, online, communicated to Members and Authorized Users, or incorporated in any Agreement, waiver, or other contract between KODIAK and any Member or Authorized User.
  2. KODIAK may amend, change, or update these Rules and Regulations from time to time when reasonably necessary for safety, legal compliance, business operations, Member and Authorized User experience, or protection of property and personnel.
  3. No rule change is effective against an existing Member or Authorized User until KODIAK provides notice of the change and an effective date.
  4. Notice may be provided by one or more reasonable written methods, including email to the Member’s and Authorized User’s address on file, in-app notice, website posting, front-desk posting, or another written method likely to inform Members and Authorized Members.
  5. Except for emergency safety changes or changes required by law, KODIAK will endeavor to provide at least seven (7) days’ advance notice before a rule change takes effect.
  6. Emergency safety changes may take effect immediately if KODIAK reasonably determines that immediate implementation is necessary to protect health, safety, security, or legal compliance. KODIAK will provide notice as soon as reasonably practicable.
  7. Rule changes that materially affect payment obligations, membership term, cancellation rights, refund rights, or other core contractual matters are effective only to the extent permitted by the Agreement and applicable law.
  8. The most current version of these Rules and Regulations may be made available at KODIAK’s premises, website, application, or another designated location.
  9. Continued use of KODIAK’s facilities after the effective date of a properly noticed operational rule change constitutes acceptance of the revised operational rules, except where applicable law requires a different form of consent.

24.- Management Review and Member or Authorized User Appeal

  1. Any suspension longer than seven (7) days, any termination, or any decision to seek contract acceleration must be reviewed and approved by Management.
  2. KODIAK should document the basis for any termination or long-term suspension in writing, including the date of the incident, the conduct at issue, the rule violated, and the action taken.
  3. A Member or Authorized User may submit a written request for review of a suspension longer than seven (7) days or a termination within five (5) business days after notice of the decision.
  4. KODIAK will review the request and provide a final written determination within a reasonable time, ordinarily within ten (10) business days after receiving the request, unless additional investigation is required.
  5. A request for review does not automatically stay a temporary removal or suspension imposed for safety reasons unless Management decides otherwise.

25.- No Waiver; Consistent Administration

  1. KODIAK’s decision not to enforce a rule on one occasion does not waive the right to enforce it later.
  2. KODIAK will endeavor to apply these Rules and Regulations in a consistent, nondiscriminatory manner.
  3. These Rules and Regulations will be interpreted to comply with applicable law. If any provision is invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

26.- Acknowledgment

By signing the Agreement or by using KODIAK’s facilities after receipt of these Rules and Regulations, the Member or Authorized User acknowledges that the Member or Authorized User has been provided access to these Rules and Regulations and agrees to comply with them, subject to the terms of the Agreement and applicable law.

27.- Effective Date

The effective date of these Rules and Regulations is April 22, 2026.