Membership Agreement So happy you're here Please excuse the legalese.
last edited: October, 2019
MEMBERSHIP TERMS: You (also referred to as MEMBER) agree to pay monthly dues on auto-pay using a credit card on file. Monthly payments will be made on the same day of each month. Under the Annual Membership plan, MEMBER has access to unlimited regular weekly group classes.
AUTHORIZATION FOR PREAUTHORIZED PAYMENTS: You hereby authorize the designated billing company selected by the STUDIO to draw items (including checks, electronic funds transfer, charge card) for the purpose of paying dues for services. This includes any late fees or services fees as well as additional authorized charged purposes on the account indicated below:Subject to the following conditions
The items shall be drawn on or about the date of first installment, unless otherwise agreed upon (change of payment date must be in writing). The transactions on your bank statement will constitute receipts for payment.
If the regular payments set forth as such should vary in amount (excepting pre-authorized additional charges), you are entitled to receive notice ten days prior to the said payment. By signing, you are authorizing to receive notice only when the said amount differs by more than $25 from your most recent payment.
The privilege of making payments under this arrangement may be revoked by the STUDIO if any items are not paid upon presentation.
If this preauthorized payment arrangement is revoked for any reason this does not necessarily release you from your obligation (payment plan).
A service fee will be assessed and drafted for any check, draft, credit card or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payments become more than 10 days past due.
This preauthorized payment arrangement shall apply to the following applicant.
STUDIO ENHANCEMENT PROGRAM: The purpose of the Studio Enhancement Program is to provide for the maintenance and improvement of the studio and services offered. This fee of $25 will be collected between September 1 and the 15th.
AUTO RENEWAL: Provided that MEMBER is not in default of this agreement, and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated. Renewal terms may be cancelled at any time provided a 30 day written notice is delivered to: firstname.lastname@example.org. It is your responsibility to receive confirmation of receipt on our end. Please hold on to this confirmation from us as your receipt of cancellation. CANCELLATION POLICY: RELOCATION: If during the original term of this contract member relocate more than a 20-mile radius from this business, you may cancel this agreement by providing a 30-day written notice and proof of relocation in the form of a newly issued driver’s license or utility bill. Your agreement will be cancelled the first month following your 30 day notice. DEATH/ DISABILITY: If you die or become permanently disabled you or your estate may cancel this contract by providing a written request and certifiable proof of death or disability. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use the facilities. Any pre-paid dues will be refunded and no cancellation fee will be charged. The STUDIO RESERVES the RIGHT TO CANCEL or suspend your membership privileges at any time for any reason. VIOLATION OF POLICIES: If such cancellation or suspension is due to a violation of STUDIO policies, violations of terms or due to damages rendered by yourself or your guest, you are subject to full responsibility of the terms of this agreement along with a $50 fee and any charges for repairs to damages made. If the business goes OUT OF BUSINESS, buyer may cancel by written notice. Any cancellation under this subset will receive a pro-rata refund of payments. IF YOU WISH TO CANCEL THIS AGREEMENT, you must deliver or mail a written notice to the business. This notice must state you no longer wish to be bound by the contract and must be delivered to: 1322 Oakton Street, Evanston, IL 60202 or to email@example.com (please address to Savitree and Jodh). In order TO PROCESS THIS CANCELLATION please provide proof listed above.
DEFAULT AND LATE PAYMENTS: The STUDIO’s Designated Billing Company reserves the right to draft via EFT all amounts owed by the MEMBER including any and all late fees and service fees subject to appropriate State and Federal Law. Should MEMBER default on any payment obligation as called for in this agreement, the STUDIO will have the right to declare the entire remaining balance due and payable and MEMBER agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The STUDIO hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account. NOTICE: ANY HOLDER OF THIS AGREEMENT 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.
MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the STUDIO, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term. Military Member: If at anytime during the term of your agreement, you are deployed or assigned to active duty, the STUDIO will allow to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period.
MAINTENANCE OF FACILITIES: The STUDIO may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. MEMBER OBLIGATIONS:
MEMBER agrees to abide by all STUDIO policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy.
MEMBER agrees to pay monthly dues on time, including notifying the STUDIO promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due.
MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
MEMBER, by executing this Agreement, does hereby join the STUDIO and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes.
MEMBER agrees to abide by all membership regulations of the STUDIO. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the STUDIO’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the STUDIO becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the life, we will extend the MEMBER’s membership privileges for the period the facilities were unavailable. During times that the studio cancels class for a week at a time due to special courses (i.e. teacher training), membership privilege is not extended for this time.
If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the STUDIO may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the STUDIO with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the STUDIO, and the balance of the contract declared due and payable in full immediately.
MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
MEMBER agrees that MEMBER shall abide by the STUDIO dress code at all times while in the facility.
MEMBER agrees that MEMBER shall not use loud or profane language upon the STUDIO premises nor shall MEMBER molest, badger, assault or harass other STUDIO MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
MEMBER understands MEMBER may be photographed at the STUDIO. By execution of this Agreement, MEMBER agrees to allow MEMBER’s photo, video or in likeness to be used for any legitimate purpose by the STUDIO, and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media.
MEMBER agrees that if MEMBER fails to use the STUDIO facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this STUDIO is located unless otherwise agreed. All arbitration proceedings must be made by an individual claimant, and will not be conducted on a “class” basis. The decision of the arbitrator must be a reasoned award. The decision of the arbitrator will be nal and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state. Any award from the arbitrator may be appealed under the Appellate Arbitration Rules of the American Arbitration Association.
Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the STUDIO shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
MEMBER authorizes the STUDIO, and their authorized designees to contact them by email, telephone, or by other means. Subject to applicable law, Member agrees that any of these parties may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, any such party.
The STUDIO retains the right to modify these policies without warning. Reasonable rules and regulations may be posted on the business website under Membership Guide, or at the STUDIO from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the STUDIO or at the STUDIO’s website.
Client training services provided in this facility may be provided either by employees of the STUDIO or by independent contractors operating their own business who are retained by the STUDIO. Regardless, all payments for personal services and training are to be made to the STUDIO, who will pay the trainers as the services are provided.
Horseplay, vulgar language, abuse of the equipment, practicing while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER’s membership, and the balance of the contract being declared due and payable in full immediately.
MEMBER hereby confirms that they are aware and agree to all terms and conditions included in this Agreement.