1. MEMBERSHIP INFORMATION: As used in this Membership Agreement, the “Club” refers to Formula3. As used in this Membership Agreement, “Member” or “Members” refers to applicant(s) and all individuals noted on this agreement.
2. HEALTH CLUB SERVICES: Immediately upon approval of membership, the Member will be entitled to use of the Club facilities consistent with this Membership Agreement and the Rules/ Policies of the Club. The specific Club facilities available to Member vary based on membership type. The Club reserves the right to make changes to the type or quantity of classes or equipment offered and reserves the right to make reasonable changes to the hours of operation. A full description of services, facilities, and amenities are available on the website.
3. NATURE OF MEMBERSHIP: Membership grants solely the right to use and enjoy the facilities of the Club in accordance with the Rules/Policies as they may change from time to time. Membership does not grant or carry with it any interest in the property or assets of the Club or give any right to Members to participate in the management of the Club, financially or otherwise.
4. APPROVAL OF MEMBERSHIP: All Membership Agreements shall be on forms prescribed by the Club, and shall be subject to payment of the required membership fees and approval of the Club.
5. NONDISCRIMINATION: Membership is open to any person, family, business, or corporation of good character and responsible credit background. Club policy is to accept applications without regards to race, color, sex (including pregnancy, gender identity and expression, and sexual orientation), parental or marital status, national origin, age, religion, military or veteran status, disability, family medical history or genetic information, political affiliation, and any other status protected by law.
6. DUES AND CLASS PACKAGES: At the Member’s sole option, the Member may elect to either pay dues on a month-to-month basis or purchase class packages. The Club shall, from time to time, determine the amount and terms of payment of dues which are payable by the Members. The obligation to pay dues or class packages are not dependent on the availability of all the Club’s facilities or the frequency of use. Repairs, maintenance of some facilities, and/or other occurrences may make it necessary for the Club to restrict the use of one or more of the facilities or to close the Club temporarily. The Club will not reduce or suspend dues during the time when facilities are not available.
7. REQUIRED PAYMENTS: This Agreement only requires that the Member pay first month’s dues on acceptance of the Membership Agreement by Formula3. In the event of class packages purchased, if the Member should die, become disabled, or move more than 25 miles from the Club during the term of the pre-paid membership, or should voluntarily terminate his/her membership in accordance with paragraph 17, or be terminated in accordance with paragraph 18, the Member and the Member’s estate shall be relieved from making payments for services other than those received. If services have been pre-paid, a pro-rata refund of payment for unused services will be made within ten (10) days of termination. Monthly dues are calculated at the regular rate, versus the pre-paid discounted rate, for refunds. In addition, a processing fee is charged for pre-paid refunds. Pre-paid memberships may not be downgraded or refunded, except as provided in paragraph 17. Pre-paid memberships are not automatically terminated at the end of the pre-paid period. Member will remain responsible for subsequent pre-paid dues (after the pre-paid period ends) unless written notification is given 30 days prior to the renewal date. If you have provided the Club with EFT authorization, the pre-paid amount will be deducted from your account. If you have not provided the Club with EFT authorization, you will be billed by statement. Please contact the Club for special military exceptions if you are required to report to duty and will be unable to use the Club.
8. CHARGES: All Members with a monthly membership plan agree to pay monthly dues and all charges incurred by self, guests, or family members. The Club shall, from time to time, fix the amount and terms of payment for charges for goods, services, and the use of the facility by Members and guests.
9. EXPENSES OF COLLECTION: The Member agrees to pay, and shall be held liable for any and all expenses incurred by the Club, including but not limited to, attorneys fees and costs, in attempting to collect past due amounts from said Member, whether fees, dues, charges or other debts.
10. ACCOUNTING AND BILLING: Dues and recurring fees will be billed in advance on a monthly basis along with any incurred house charges. If you elected to pay your monthly dues and house charges via credit card, you will receive an email notification each month outlining the dues and house charge amounts that will be debited to your credit card. Credit card debits are processed at the beginning of each month.
11. DAMAGES: Damage to the Club’s property shall be paid for by any Member, Member’s guest, or dependent children causing the damage. Club is not responsible for lost or stolen items.
12. SOLICITATION: Members may not participate in solicitation of any kind (i.e. charitable, religious, political, business) toward any other Club Member, guest, or employee on Club property. No outside materials may be posted or distributed in the Club.
13. CLUB RULES: All Members and their guests are subject to the Club’s Rules/Policies. Member acknowledges that he or she has reviewed the Club Rules/Policies posted on their account through Mindbody Online. Member is responsible for reading and adhering to all Club Rules/ Policies including those posted on the website and those posted on signage throughout the Club. The Club reserves the right to add, amend, or delete rules from time to time. The rules referenced or contained in this Membership Agreement herein are not all-inclusive. Signs posted in the Club and written memoranda will serve as additional rules. Membership card or other forms of membership ID must be presented at the Service Desk upon entering the Club.
14. CHANGE OF MEMBERSHIP INFORMATION: Member is responsible for notifying the Club of any account information changes, including changes to the Member’s address, phone number, or banking information. Changes must be completed by the tenth of the month to be reflected on the next month’s billing statement.
15. CHANGE OF MEMBERSHIP STATUS: Member is responsible for notifying the Club in writing of any changes to the membership type. A written notice must be given to the club prior to the next monthly billing date.
16. LATE CANCELLATION FEE: Members have up to eight hours prior to the start of their registered class to cancel without penalty. Any class cancellation happening within eight hours of the start of class will be charged a $13.00 late cancel fee for Unlimited Class Memberships, or have a class forfeited from their Class Package.
17. VOLUNTARY TERMINATION: A member with a zero account balance may resign from membership at any time, by providing written notice of termination or by emailing the Club at the email noted in paragraph 24. Voluntary terminations become effective 30 days from which the written notice is received by the Club. A pro-rata refund for any unused services will be made within ten (10) days of termination.
18. INVOLUNTARY SUSPENSION OR TERMINATION: The Club reserves the right to suspend or terminate the membership or privileges of any Member for failure to comply with any of the Club Rules/Policies, for any conduct the Club determines to be improper or contrary to its best interests, or for non-payment of dues or other charges for a period greater than 90 days. Suspended or terminated Members remain liable for all dues or other indebtedness incurred prior to and during the suspension or termination, and are not entitled to a refund of any fees, dues, or charges paid other than a pro-rata refund of payment for unused services after the date of termination. The Club may also terminate a membership at any time without cause, in which event the corresponding Member(s) will be entitled to a refund of any pre-paid dues beyond the effective date of termination.
19. WARNING: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.
20. EMAIL NOTIFICATION OF CLUB NEWS AND PROMOTIONS: When you provide your email address we will send you periodic emails with Club news and also any special offers and promotions. You will be provided the opportunity to opt-out of these communications by following the instructions provided in each of these emails.
21. PHYSICAL ACTIVITY READINESS: You agree that you and your dependent(s) are voluntarily engaging in physical exercise, and are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent you or your dependent(s) from exercising and using the Club facilities without injuring yourself/themselves or impairing your/their health; you have consulted a licensed physician concerning exercise, nutrition and dietary supplement programs that will not expose you to risk of injury or impairment to health; and your physician has approved your contemplated activities at the Club. If any of the following factors apply to you now or in the future, consult your physician before increasing your physical activity level or proceeding with a fitness evaluation/test or training program: heart disease, numbness in the shoulders or arms, fainting/dizzy spells, high or low blood pressure, high cholesterol, bone and/or joint pain, unaccustomed to regular exercise, on medication, recent illness, diabetes, epilepsy/seizures, recent surgery, over/underweight, chest pains, pregnant, smoker, male over 45 years of age or female over 55 years of age. While the Club endeavors to create a safe and healthy environment for all Members, it does not retain physicians on staff. Therefore, it is up to each Member to monitor their own activities and to understand their limits.
22. SEVERABILITY: If any portion of this Membership Agreement is held to be invalid and/or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect.
23. BY SIGNATURE BELOW, undersigned Member hereby affirms that he/she has read, understands and agrees to all terms in this Membership Agreement, together with any accompanying membership policy information, and specifically understands and agrees to the following:
RELEASE AND WAIVER OF LIABILITY
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of being permitted to become a MEMBER of the CLUB, being permitted to enter the CLUB’s premises and being granted access to the CLUB’s facilities, amenities, services, and being permitted to participate in any of the activities at the CLUB —
A. MEMBER hereby releases, waives and discharges the CLUB, including its officers, agents, employees, managers, independent contractors, parent organizations, subsidiaries, affiliates and other Formula3 or Formula3 properties and personnel (“Releasees”) from, and agrees and covenants not to sue Releasees for, any claim, liability, or demand of any kind or on account of any personal injury, temporary or permanent disability, death, property damage, or other damages, whether caused by the negligence of Releasees or otherwise, resulting from or in any way associated with MEMBER’s or MEMBER’s Guest(s)’s entry on the CLUB’s (or other Formula3 or Formula3’s) premises or use of the CLUB’s (or other Formula3 or Formula3’s) facilities, amenities, services, or participation in any of the activities at the CLUB (or other Formula3 or Formula3 property(ies)) whether using exercise equipment or not, or whether exercising or not. Further MEMBER agrees and covenants to indemnify Releasees for, and hold Releasees harmless, from any such claims, liabilities, or demands.
B. MEMBER further HEREBY VOLUNTARILY ASSUMES ALL RISKS of personal injury, including temporary or permanent disability or death, property damage, economic losses, and/or other damages to MEMBER or MEMBER’s Guest(s) resulting from or in any way associated with his/her and/or his/her Guest(s)’s entry on the CLUB’s (or other Formula3 or Formula3’s) premises or use of the CLUB’s (or other Formula3 or Formula3’s) facilities, amenities, services, or participation in any of the activities at the CLUB (or other Formula3 or other Formula3 property(ies)) whether using exercise equipment or not, or whether exercising or not.
C. MEMBER acknowledges and agrees that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT is intended to be, and is, a complete release of any responsibility of Releasees for personal injuries and/or temporary or permanent disability or death and/or property loss/damage sustained by MEMBER and/or any Guest(s) of MEMBER while on the CLUB’s (or other Formula3 or Formula3’s) premises or while using the CLUB’s (or other Formula3 or Formula3’s) facilities, amenities, services or while participating in any of the activities at the CLUB (or other Formula3 or Formula3’s property(ies)) whether using exercise equipment or not, or whether exercising or not; and MEMBER further acknowledges and agrees that it is specifically intended to and does include release, waiver, assumption of risk and indemnity as to premises liability claims such as (by example, not limitation) slip and falls and/or trip and falls at the CLUB (or other Formula3 or Formula3’s property(ies)).
MEMBER confirms that he/she has read and understands this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and acknowledges and agrees to its terms, and signs it freely and voluntarily.
24. CANCELLATION RIGHTS: You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement mail, email, or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement or words of similar effect. The notice shall be sent to Formula3, 983 Moraga Road, Lafayette, CA 94549, or emailed to email@example.com.
If the payments required by this agreement exceed $1500.00, including membership fees, the buyer will have a longer cancellation period as follows: For contracts requiring payment of $1,500.00 to $2,000.00, Member will have the right to cancel the agreement within 20 calendar days after the contract is executed. For contracts requiring payment of $2,001.00 to $2,500.00, Member will have the right to cancel the agreement within 30 calendar days after the contract is executed. For contracts requiring payment of $2,501.00 or more, Member will have the right to cancel the agreement within 45 calendar days after the contract is executed.
25. TERM OF CONTRACT: This Membership Agreement is a month-to-month agreement and may be voluntarily terminated in accordance with paragraph 17, above.