Participant Terms & Conditions
A. MEMBER FITNESS: By signing this agreement, Participant represents, warrants and ensures that (s)he has had an opportunity to observe the programs offered by the Business and that (s)he is physically and mentally able to partake in classes offered by the Business, including Program specified on Page 1 and any other classes in which Participant chooses to participate.
B. LIABILITY WAIVER & RELEASE: The Participant understands and agrees that strict observation of the Business’ rules and regulations, including those relating to instruction and equipment use, is required. The Participant understands and agrees that the use of the Business’ facilities and the Participant’s presence at these facilities are at the sole risk of the Participant. The Participant understands and agrees that the services and instruction provided may involve skills and training which include violent and sudden movements, and that in connection with training and participation, there may be physical contact between instructors and Participant, and among other participants, that may result in personal injury to the Participant, despite precautions taken to avoid such injuries. Participant hereby consents to engage in such contact as may be necessary or required by Participant’s involvement. Participant, on behalf of him/herself and anyone claiming by or through the Participant, hereby holds harmless, releases and forever discharges the Business and its instructors, agents, employees, operators, and authorized representatives from any liability, claim, or loss (including loss of property, damage, personal injury, or expense incurred by the Participant and arising from the Participant’s execution of this Agreement), resulting from Participant’s involvement in any program offered by the Business.
C. CLASSES: Scheduling and content of classes and programs, furnishing of the facilities, and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of the Business and may be changed at any time by Business. By signing this Agreement, the Participant receives membership at a greatly reduced price. Member understands and agrees that additional fees such as seminar fees may not be included in the price of this agreement.
D. SIGNATORIES: Any person(s) signing this Agreement, whether as a Participant, co-signer or otherwise shall be jointly, severally and individually liable to Business for the full contract price as if such person signed as the Participant. All persons signing this Agreement assume responsibility for all costs of collection, including but not limited to collection agency fees, court costs, attorney’s fees, and late charged that may be incurred in the event of a default.
E. FAIR USE: Any person(s) signing this agreement authorizes the use of: a disclosed e-mail address for billing and marketing purposes and acknowledges that e-mail text may include financial information pertaining to the Agreement; a disclosed cell phone or telephone number for voice calls and text messages regarding billing related issues including, but not limited to, expiring billing information or overdue account balances; photographs, videotapes, artwork or other likenesses of the Participant for marketing, trade, publishing, or any other lawful purpose.
F. UNAVAILABILITY: IF the Business’ facilities are unavailable for use for a period in excess of 30 consecutive days, the Participant’s program will be extended or a period of time equal to the time of unavailability, but no refund or credit will be due the Participant.
G. SHORT-TERM DISABILITY: If the Participant becomes disabled for a period of less than six consecutive months, the Participant may extend the term of the Agreement, at no additional cost, by written notice to the Business, accompanied by a physician’s verification, for a period of time equal to the duration of the Participant’s short-term disability, which precludes the Participant from using the Business’ facilities for said period.
H. RENEWAL: Upon the Initial Term Expiration Date (15), Participant’s membership will auto-renew under the exact terms of this Agreement, unless Participant provides written request to the Business in advance of Expiration Date directing otherwise. Any charges to Participant resulting from a late request are not guaranteed for refund.
I. CANCELLATION: Upon written notice to the Business, the Participant may cancel this Agreement if: (i) the Business’ facilities are unavailable for more than 90 consecutive days; (ii) the Participant dies or becomes permanently disabled, defined as a physician-verified disability which precludes the Participant from using the Business’ facilities for a period in excess of six consecutive months; (iii) the Participant moves more than 60 miles from Business’ current location, as verified by proof of address change.
J. NON-PAYMENT: Participant is responsible for covering any fees (e.g., returned check fees) incurred by the Business due to Participant’s non-payment. If Participant’s regularly-scheduled monthly payment is declined, returned, or otherwise unpaid on three (3) occasions (consecutive or non) during the duration of the contract, membership will automatically be terminated. Participant is responsible for balance due on any membership, excluding allowable early termination causes specified under Section I. Failure to pay any outstanding balance will result in Participant’s submission to collections agency.
K. COMPLIANCE WITH LAWS: This Agreement shall be governed by the laws of the State in which Business is located. All rights and obligations of the Business and Participant under this Agreement are subject to all applicable federal, state and local laws and regulations. To the extent that the terms and conditions of this Agreement conflict with any applicable statute, rule, or regulation in effect at the time of the execution of this Agreement, the Agreement shall be deemed revised to conform with such, and the Business and Member shall be bound by the modified Agreement. This Agreement supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.
L. ACCEPTANCE OF MEMBER: By signing this Agreement, Participant agrees to fully and completely comply with all terms and conditions hereof and the Business’ rules and regulations. Failure to comply with these rules and regulations, including but not limited to non-payment of scheduled dues, is grounds for immediate suspension or termination of services to the Participant. Suspension or termination shall not entitle the Participant to a refund or credits for any accounts already paid or cancel any unpaid balance due. The failure or inability of Participant to use the facilities, classes or services of the Business for any reason, except as otherwise provided herein, does not relieve or suspend the Participant’s obligation to make all payments required under this Agreement on a timely basis, nor entitle the Participant to a refund or credit. If this Agreement is in default, the entire amount owed hereunder shall become immediately due and payable. Litigation may be initiated to collect all amounts due or the account referred to collection. Business shall be entitled to recover their reasonable attorney’s fees, court costs, and interest on any past due amount at the rate of 1.5% per month and a collection fee equal to 20% as a collection fee and not a penalty, to collect any past due amounts of cure any breach. Participant understands and agrees that full payment of tuition is not a guarantee or promise of advancement.
Last Updated 2/3/22