Terms and conditions for 15 Group Fitness Classes
This Agreement entitles the Member to use of the above Facility and the equipment within the Facility such as cable weight machines, free weights, dumbbells, kettlebells, elastic bands, cardio machines, and small apparatus. This Agreement also entitles the Member access to Basic Classes. Equipment and Basic Classes are subject to change at Find Your Fitness LLC.'s discretion. Buyer and Member agree to all terms contained In this agreement.
The One-time Fee is $199.00 plus applicable taxes for 15 classes at Find Your Fit. The fee will be due on the Commencement Date.
Classes expire after 6 months from purchase date. Any unused classes will be forfeited.
AUTHORIZATION TO MAKE PAYMENTS. I, Buyer, hereby authorize my bank to make payments to Find Your Fitness, LLC. by either credit card or ACH bank debit and post it to my account. I hereby certify that I am the authorized holder and signer of the credit card and/or bank account used to make the initial down payment and any future payments and that I am of legal age and mental competency to enter into this Agreement. I am legally authorized to sign for this payment as well as legally liable for the provision in this Agreement related to payment and financial responsibility. This Authorization will remain In effect until Find Your Fitness, LLC. has collected all charges assessed in connection with the terms of this Agreement, Including any auto renewal (roll-over) charges, late fees, and returned payment fees.
I, Buyer, also agree to contact Find Your Fitness, LLC. about any dispute that may pertain to this agreement in order to attempt to resolve the matter prior to taking any negative action such as stopping payment or charging back. If any negative action is taken and the action is ruled in favor of Find Your Fitness, LLC. and the Buyer did not contact Find Your Fitness, LLC. prior to the negative action, the Buyer will be legally liable for all items and fees as noted above.
I, Member, hereby certify that the person listed as Buyer, if different from myself, agrees to the use of their account information for the purchase of the services and products associated with this agreement, including all future charges that may come due. I further certify that if Buyer defaults on the payment of these charges, I will supply alternative payment methods in order to remain current on my payments, and to pay any past due charges that may have accrued.
BUYER'S RIGHT TO CANCEL
IF YOU WISH TO CANCEL THIS CONTRACT WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO FIND YOUR FITNESS, LLC. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO FIND YOUR FITNESS, LLC AT THE FACILITY LOCATION LISTED ABOVE. IF YOU CANCEL WITHIN THE THREE DAYS, FIND YOUR FITNESS, LLC. WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE PAID.
DEFAULT AND LATE PAYMENT. Should Buyer default on any payment obligation under this Agreement, Buyer agrees to pay allowable interest, and all cost of collection, including, but not limited to, collection agency fees, court costs and attorneys' fees. Should any monthly payment become more than ten days past due. Buyer will be charged a late fee of $20.00 to cover additional administrative expenses and other expenses related to obtaining the payment. A $25.00 fee will be charged for all returned payments. These fees are subject to change at Find Your Fitness, LLC.'s discretion.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
WAIVER AND RELEASE. Member understands that exercising in a fitness facility such as Find Your Fitness, LLC.'s facility is an inherently dangerous activity. Member is voluntarily engaging in physical exercise, which may include but is not limited to the use of exercise machines, free weights, small apparatus, TRX straps, training, instructor-led group exercise, participation in programs and events, and other miscellaneous fitness activities that could cause sickness, injury, disability, or death to Member. Member agrees that, if at any time he or she believes conditions or activities to be unsafe, he or she will immediately discontinue participation regardless of advice from Find Your Fitness, LLC.'s employees or contractors.
Member understands that fitness facilities such as Find Your Fitness, LLC also have hazards that are not associated with exercise, including but not limited to equipment or objects on the floor or protruding outward, water on the floor, and other Members using equipment in the vicinity of Member. Member acknowledges such hazards could cause sickness, injury, disability, or death and agrees to stay aware of such hazards and exercise caution.
Member assumes all risk of sickness, injury, disability, or death, no matter the cause, including negligence by Find Your Fitness, LLC., its owners, employees, or agents. Member hereby agrees to waive and release any claims or rights Member might otherwise have to sue Find Your Fitness, LLC., its owners, employees, or agents for sickness, injury, disability, or death to Member suffered in the course of these activities or while in or around the Facility. Member further releases Find Your Fitness, LLC., its owners, employees, or agents from any liability and any loss or theft of personal property.
Member agrees and acknowledges that he or she has carefully read this waiver and release, and fully understands it is a release of liability. Member represents that he or she has no physical conditions that render the use of the facility or its services unduly dangerous. Prior to commencing a physical exercise program, Member should consult his or her physician. Find Your Fitness, LLC. will make no evaluation or recommendation as to whether Member is sufficiently fit for any activities. Member expressly states and understands that this waiver and release survives this Agreement and will automatically attach to and become a part of any subsequent renewals of this Agreement, until such time as Member notifies Find Your Fitness, LLC. of his or her withdrawal of this waiver and release. Withdrawal shall be effective 7 days from receipt by Find Your Fitness, LLC. of notice via certified mail.
MEMBERSHIP RESTRICTIONS Find Your Fitness, LLC. reserves the right in the future to develop new classes of memberships, new facilities, new services and specialized equipment which may not be available to the existing Member. Member acknowledges that this membership does not include use of nutritional supplements. Failure to utilize the Facility and/or services does not relieve the Member from paying dues or any other sums that become due
Find Your Fitness, LLC. may temporarily close the Facility from time to time for repairs, improvements, or special events. Find Your Fitness, LLC. will give notice of closure by posting a sign at the facility 24 hours in advance.
Find Your Fitness, LLC. reserves the right to suspend or terminate this membership in its sole and arbitrary discretion. Any prepaid MRFs shall be prorated and refunded.
This membership is not transferable and Member may not sell, assign or transfer this Agreement or membership at Find Your Fitness, LLC., or any other right or privilege, and any such attempted sale, assignment or transfer shall be null and void. Member may not share his or her membership PIN with anyone. Find Your Fitness, LLC. may assign its rights and obligations hereunder to a purchaser of substantially all of the assets of, or ownership interests in Find Your Fitness, LLC.
MISCELLANEOUS PROVISIONS. Find Your Fitness, LLC’s failure to insist on strict performance of any provision of this Agreement, regardless of the length of time the failure continues, shall not be deemed a waiver of Find Your Fitness, LLC.'s right to demand strict compliance in the future. No express or implied consent to or waiver of any breach of this Agreement shall constitute a consent to or waiver of any other breach of the same or another provision.
No oral changes or cancellations are permitted. Member acknowledges that no oral promises or any privileges or representation have been made and that this written contract is the entire agreement.
The invalidity of any portion of this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part thereof, all of which are inserted conditionally on their being valid in law, and in the event that any portion of this Agreement shall be declared invalid, this Agreement shall be construed as if such invalid portion had not been inserted.
In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorneys' fees, court costs, and all other reasonable expenses, whether or not taxable by the court as costs. In addition to any other relief to which the prevailing party may be entitled.
FIND YOUR FITNESS, LLC RULES. Member agrees to follow the rules below, which may be updated from time to time by Find Your Fitness. LLC.
Member may be asked to provide identification before entering the Facility.
Member must behave in a courteous and polite manner and avoid foul language while in the Facility or while participating in Find Your Fitness, LLC. events.
Member agrees to keep the Facility tidy by putting away weights and equipment he or she has moved as well as wiping down equipment after use. Member will throw trash and recycling in the appropriate receptacle.
If lockers are present, they are for daytime use only. After the Facility closes each day, all locks will be removed and contents of lockers shall be discarded.
Member is advised not to bring valuables to the Facility. Find Your Fitness, LLC will not be liable for loss of valuables from the Facility, even if stored in a locker.
Alcohol, marijuana, and illegal drugs are not permitted in the facility. Members who appear to be under the influence of drugs or alcohol present a safety hazard and may be asked to leave.
While exercising in the Facility, Member shall dress appropriately for physical activity. Athletic shoes and appropriate attire shall be worn.
Member is not permitted to train or be trained by anyone while at the Facility other than Find Your Fitness, LLC. employees or contractors. Member may not solicit or sell products or services to anyone while at the Facility. Member may not promote or engage in business activities while at the Facility.
Member agrees to follow any rules posted by Find Your Fitness, LLC. at the Facility.
The One-time Fee is $199.00 plus applicable taxes for 15 classes at Find Your Fit. The fee will be due on the Commencement Date.
Classes expire after 6 months from purchase date. Any unused classes will be forfeited.
AUTHORIZATION TO MAKE PAYMENTS. I, Buyer, hereby authorize my bank to make payments to Find Your Fitness, LLC. by either credit card or ACH bank debit and post it to my account. I hereby certify that I am the authorized holder and signer of the credit card and/or bank account used to make the initial down payment and any future payments and that I am of legal age and mental competency to enter into this Agreement. I am legally authorized to sign for this payment as well as legally liable for the provision in this Agreement related to payment and financial responsibility. This Authorization will remain In effect until Find Your Fitness, LLC. has collected all charges assessed in connection with the terms of this Agreement, Including any auto renewal (roll-over) charges, late fees, and returned payment fees.
I, Buyer, also agree to contact Find Your Fitness, LLC. about any dispute that may pertain to this agreement in order to attempt to resolve the matter prior to taking any negative action such as stopping payment or charging back. If any negative action is taken and the action is ruled in favor of Find Your Fitness, LLC. and the Buyer did not contact Find Your Fitness, LLC. prior to the negative action, the Buyer will be legally liable for all items and fees as noted above.
I, Member, hereby certify that the person listed as Buyer, if different from myself, agrees to the use of their account information for the purchase of the services and products associated with this agreement, including all future charges that may come due. I further certify that if Buyer defaults on the payment of these charges, I will supply alternative payment methods in order to remain current on my payments, and to pay any past due charges that may have accrued.
BUYER'S RIGHT TO CANCEL
IF YOU WISH TO CANCEL THIS CONTRACT WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A WRITTEN NOTICE TO FIND YOUR FITNESS, LLC. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO FIND YOUR FITNESS, LLC AT THE FACILITY LOCATION LISTED ABOVE. IF YOU CANCEL WITHIN THE THREE DAYS, FIND YOUR FITNESS, LLC. WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE PAID.
DEFAULT AND LATE PAYMENT. Should Buyer default on any payment obligation under this Agreement, Buyer agrees to pay allowable interest, and all cost of collection, including, but not limited to, collection agency fees, court costs and attorneys' fees. Should any monthly payment become more than ten days past due. Buyer will be charged a late fee of $20.00 to cover additional administrative expenses and other expenses related to obtaining the payment. A $25.00 fee will be charged for all returned payments. These fees are subject to change at Find Your Fitness, LLC.'s discretion.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
WAIVER AND RELEASE. Member understands that exercising in a fitness facility such as Find Your Fitness, LLC.'s facility is an inherently dangerous activity. Member is voluntarily engaging in physical exercise, which may include but is not limited to the use of exercise machines, free weights, small apparatus, TRX straps, training, instructor-led group exercise, participation in programs and events, and other miscellaneous fitness activities that could cause sickness, injury, disability, or death to Member. Member agrees that, if at any time he or she believes conditions or activities to be unsafe, he or she will immediately discontinue participation regardless of advice from Find Your Fitness, LLC.'s employees or contractors.
Member understands that fitness facilities such as Find Your Fitness, LLC also have hazards that are not associated with exercise, including but not limited to equipment or objects on the floor or protruding outward, water on the floor, and other Members using equipment in the vicinity of Member. Member acknowledges such hazards could cause sickness, injury, disability, or death and agrees to stay aware of such hazards and exercise caution.
Member assumes all risk of sickness, injury, disability, or death, no matter the cause, including negligence by Find Your Fitness, LLC., its owners, employees, or agents. Member hereby agrees to waive and release any claims or rights Member might otherwise have to sue Find Your Fitness, LLC., its owners, employees, or agents for sickness, injury, disability, or death to Member suffered in the course of these activities or while in or around the Facility. Member further releases Find Your Fitness, LLC., its owners, employees, or agents from any liability and any loss or theft of personal property.
Member agrees and acknowledges that he or she has carefully read this waiver and release, and fully understands it is a release of liability. Member represents that he or she has no physical conditions that render the use of the facility or its services unduly dangerous. Prior to commencing a physical exercise program, Member should consult his or her physician. Find Your Fitness, LLC. will make no evaluation or recommendation as to whether Member is sufficiently fit for any activities. Member expressly states and understands that this waiver and release survives this Agreement and will automatically attach to and become a part of any subsequent renewals of this Agreement, until such time as Member notifies Find Your Fitness, LLC. of his or her withdrawal of this waiver and release. Withdrawal shall be effective 7 days from receipt by Find Your Fitness, LLC. of notice via certified mail.
MEMBERSHIP RESTRICTIONS Find Your Fitness, LLC. reserves the right in the future to develop new classes of memberships, new facilities, new services and specialized equipment which may not be available to the existing Member. Member acknowledges that this membership does not include use of nutritional supplements. Failure to utilize the Facility and/or services does not relieve the Member from paying dues or any other sums that become due
Find Your Fitness, LLC. may temporarily close the Facility from time to time for repairs, improvements, or special events. Find Your Fitness, LLC. will give notice of closure by posting a sign at the facility 24 hours in advance.
Find Your Fitness, LLC. reserves the right to suspend or terminate this membership in its sole and arbitrary discretion. Any prepaid MRFs shall be prorated and refunded.
This membership is not transferable and Member may not sell, assign or transfer this Agreement or membership at Find Your Fitness, LLC., or any other right or privilege, and any such attempted sale, assignment or transfer shall be null and void. Member may not share his or her membership PIN with anyone. Find Your Fitness, LLC. may assign its rights and obligations hereunder to a purchaser of substantially all of the assets of, or ownership interests in Find Your Fitness, LLC.
MISCELLANEOUS PROVISIONS. Find Your Fitness, LLC’s failure to insist on strict performance of any provision of this Agreement, regardless of the length of time the failure continues, shall not be deemed a waiver of Find Your Fitness, LLC.'s right to demand strict compliance in the future. No express or implied consent to or waiver of any breach of this Agreement shall constitute a consent to or waiver of any other breach of the same or another provision.
No oral changes or cancellations are permitted. Member acknowledges that no oral promises or any privileges or representation have been made and that this written contract is the entire agreement.
The invalidity of any portion of this Agreement shall not affect the enforceability of the remaining portions of this Agreement or any part thereof, all of which are inserted conditionally on their being valid in law, and in the event that any portion of this Agreement shall be declared invalid, this Agreement shall be construed as if such invalid portion had not been inserted.
In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorneys' fees, court costs, and all other reasonable expenses, whether or not taxable by the court as costs. In addition to any other relief to which the prevailing party may be entitled.
FIND YOUR FITNESS, LLC RULES. Member agrees to follow the rules below, which may be updated from time to time by Find Your Fitness. LLC.
Member may be asked to provide identification before entering the Facility.
Member must behave in a courteous and polite manner and avoid foul language while in the Facility or while participating in Find Your Fitness, LLC. events.
Member agrees to keep the Facility tidy by putting away weights and equipment he or she has moved as well as wiping down equipment after use. Member will throw trash and recycling in the appropriate receptacle.
If lockers are present, they are for daytime use only. After the Facility closes each day, all locks will be removed and contents of lockers shall be discarded.
Member is advised not to bring valuables to the Facility. Find Your Fitness, LLC will not be liable for loss of valuables from the Facility, even if stored in a locker.
Alcohol, marijuana, and illegal drugs are not permitted in the facility. Members who appear to be under the influence of drugs or alcohol present a safety hazard and may be asked to leave.
While exercising in the Facility, Member shall dress appropriately for physical activity. Athletic shoes and appropriate attire shall be worn.
Member is not permitted to train or be trained by anyone while at the Facility other than Find Your Fitness, LLC. employees or contractors. Member may not solicit or sell products or services to anyone while at the Facility. Member may not promote or engage in business activities while at the Facility.
Member agrees to follow any rules posted by Find Your Fitness, LLC. at the Facility.