READ & UNDERSTAND THE FOLLOWING-
The Membership Service and Release of Liability Agreement (the “Agreement”) is between CrossFit South Bend and you, the Client (individually, if you are the Client, and/or as agents or guardians of the Client). It is agreed between CrossFit South Bend and the Client that the Client is purchasing, for the benefit of the Client, a fitness program membership, from CrossFit South Bend according to the terms in this Service Agreement.
EFT Request and Authorization: Client hereby authorizes CrossFit South Bend or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by CrossFit South Bend and for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit South Bend under the terms and conditions of this Agreement. Client understands that Client is entitled to receive notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days notice prior to the Clients billing date with a submission of a membership hold or cancellation online form from the “common links” section on our front page of the website. Client may timely notify the financial institution in control of Client’s account to terminate this Request, such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. CrossFit South Bend and or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.
MEMBERSHIP CANCELLATION OR HOLD OR CHANGE FORM : This can be found on the front page of our website under the “common Links” section. This form will need to be filled out 30 days prior to cancellations or 7 days prior to holds. The date that will be referenced to membership changes will be the actual submission date of the online form.
MEMBERSHIP RENEWALS or CHANGES: If you are intending on canceling or making any changes to your Month to Month, 3, 6 or 12 month membership, you are required to fill out the online membership cancellation OR hold form OR change form on the front page of our website in the “common links” section. Once we have received and confirmed your request, the membership changes will take place with in 7 days after submitting the membership form you requested. If you do not notify us 30 days prior to the membership end date, the agreement will automatically extend for the same duration as the original agreement under the same terms and conditions of the original agreement.
TERMINATING A MONTH TO MONTH/or 3 MONTH CONTRACT: To terminate a month-to-month or 3 month membership agreement, you are required to fill out the online membership cancellation form on the front page of our website in the “common links” section. Once we have received and confirmed your request, the membership will terminate and you will be notified by our billing manager. In your first Month your cancellation notice must be received at least 15 days in advance of your next billing cycle or you will be charged for the next billing cycle. (example: if you are scheduled to be charged February 1st and you want to cancel for the month of February, you must submit a membership cancellation by January 17th or you will be charged for the next billing cycle.) 30 days in your subsequent billing months after.
You, the Buyer, may cancel this Agreement at any time prior to midnight of the third business day after the start date of this Agreement, excluding Sundays and Holidays. To cancel this Agreement within three business days of its execution, you are required to fill out the online membership cancellation form on the front page of our website in the “common links” section.
Once we have received and confirmed your request, the membership will terminate immediately.
TERMINATING A 6/12 MONTH AGREEMENT: To terminate this agreement, you are required to fill out the online membership cancellation form on the front page of our website in the “common links” section. Once we have received and confirmed your request, our billing manager will contact you in regards to the remaining amount of your membership agreement. If your remaining membership agreement is less than the 3 month buyout, you will need to finish out the agreement at that 6 OR 12 month price. Otherwise, you will have to pay in full 3 months of a full price membership ($188 per month, a total of $565) to terminate this agreement.
DEFAULTING /TERMINATING AN AGREEMENT: In adherence to terminating any of the above membership agreements, if the credit/debit card on file is severed or declined before the transaction is processed, you run the risk of being sent to collections.
ADDITIONAL TERMS AND PROVISIONS
RELEASE OF LIABILITY: CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF CROSSFIT SOUTH BEND: CLIENT acknowledges that the personal training/nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by CROSSFIT SOUTH BEND (THE “PHYSICAL ACTIVITIES”). client ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT Exhaustion, KNEE/LOWER BACK/FOOT INJURIES AND any OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’s PARTICIPATION IN THE PHYSICAL ACTIVITIES. client FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A client, SLIP AND FALL BY client, OR AN UNKNOWN HEALTH PROBLEM OF client. client AGREES TO ASSUME ALL RISK AND RESPONSIBILITY arising from PARTICIPATION IN THE PHYSICAL ACTIVITIES. client AFFIRMS THAT client IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. client ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND client AGREES THAT IT IS THE RESPONSIBILITY OF client TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS concerning THE ABILITY OF client TO TAKE PART IN CROSSFIT SOUTH BEND AND PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, client affirms THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. client AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS. client, ON BEHALF OF client, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, waives any claims against and RELEASEs CROSSFIT SOUTH BEND AND:(AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR causes of action THAT client MAY HAVE FOR INJURIES or OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN CROSSFIT SOUTH BEND AND ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching designed to progress you toward CrossFit South Bend. The agreement is for coaching services over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with their membership package. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
PAYMENT & BILLING: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly payment by credit card or EFT per the guidelines on page one of the Agreement. Billing date will be the 1st or 15th of each month. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account.
HOLDS: Per Crossfit South Bend policy, all 6 or 12 month members have the option to put their membership on hold one (1) time per calendar year for up to three (3) consecutive months. To be considered a hold, the Clients plan must be held for a minimum of 1 month to put on hold, and a maximum of 3 consecutive months per calendar year. Upon expiration of Hold Date above, member's account will automatically become active and payments shall resume. Should member choose to return prior to the end of their hold period, the hold will be released, payments will resume and they will NOT be entitled to submit another hold during that same calendar year regardless of what amount of time is remaining on their hold request.
Holds must be submitted through the online form found on the front page of our website in the “common link” section no less than 7 days prior to the next billing date of the membership, if the billing date falls prior to the 7 day notice, the member will be charged for that month.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit South Bend shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If CrossFit South Bend delays or refrains from exercising any rights under this Agreement, CrossFit South Bend does not waive, nor will CrossFit South Bend lose those rights. If CrossFit South Bend accepts late or partial payments from the buyer, CrossFit South Bend does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of Indiana. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, CrossFit South Bend and Client agree that the venue for such action shall exclusively be South Bend, Indiana.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
MAILING LIST: By signing this agreement, you agree to accept emails from Crossfit South Bend.
TEXT MESSAGES: By Purchasing this agreement, you agree to accept text messages from CrossFit South Bend
USE OF PICTURE(S)/VIDEOS/LIKENESS: By signing this agreement, I further agree to allow CrossFit South Bend, its agents, officers, principals, employees, and volunteers the use of a picture(s), video, and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform CrossFit South Bend of this in writing.
AGREEMENT NOT TO COMPETE: I agree not to compete with Crossfit South Bend by owning another fitness facility of any type, or performing personal training or offering like services as a private contractor for any business or individual, for a period of two years after concluding training at Crossfit South Bend, unless given written consent by Crossfit South Bend to do so. I also agree not to solicit any members of Crossfit South Bend to train at another fitness facility or offer like services with other personal trainers, with the exception of Crossfit South Bend members whom I personally referred to Crossfit South Bend. For example, if person A invited person B, then person B invited person C, then person A may choose to invite person B to train at another facility or with another trainer, but person A cannot do so for person C. The method that shall be used for determining referrals is by looking at each individuals’ medical waiver, on the first page, under the line “How did you hear about us? If so, please list their name”. Only the person(s) listed on that line may solicit that individual to train elsewhere.
IMPORTANT NOTE: Client, by signing this membership agreement they are agreeing to partake in CrossFit South Bend Personal Training, Nutritional Program service and related activities, they also agree to release CrossFit South Bend from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.
By signing for this membership agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges that Client may request a filled-in and completed copy of this agreement, which includes the E.F.T. request, the release and waiver of liability, and Additional Terms and Provisions located on the front and reverse side of the Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and CrossFit South Bend. CrossFit South Bend has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
If Client is under the age of 18 - parent signature is required - member is the client that is under the age of 18.