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Waiver

Welcome to CrossFit HardCore!



                                                                                                            MEMBERSHIP AGREEMENT/WAIVER



1. Terms and Conditions


By signing this agreement, I (the "client” and "undersigned”) understand that I will be entering into a legally enforceable agreement with CrossFit HardCore, LLC (CFHC or "you”) as follows: Please enroll me in the program I have selected and, subject to CFHC’s Guarantee; I agree to pay your fees as indicated. I understand that the terms and conditions of this Agreement will govern all aspects of my participation in each Class I take and the fee arrangements I elect to make. I also agree to comply with the policies and procedures that you and your instructors may from time-to-time communicate to me.


2. CFHC’s Guarantee


CFHC understands that its Services often need to be experienced to be fully appreciated. CFHC also understands that the Program will not be right for everyone. Accordingly, CFHC provides the following Limited Guarantee of Satisfaction: If I decide, for any reason, that I do not wish to continue the Program, I understand that, provided I give you prompt written Notice within 3 business days following the first Class I attend of my decision, I will receive a full, unconditional, refund. I agree to provide this written notice in accordance with the "ENROLLMENT CHANGES OR CANCELLATION” section of this Agreement. I acknowledge that my right to terminate this Agreement and receive a refund will be deemed waived if I attend a second Class, that it can only be invoked for the first Class I enroll in, and that it cannot thereafter be exercised for any future Class in which I may enroll.

 

3. Enrollment Options


I understand that I must choose from one of the three enrollment options listed below: Client agrees to the membership fee by initialing one of the following:


$25 Walk-ins ___________________________________ $100/Month Two per week ___________________________________ $150/Month Unlimited ___________________________________


4. Payment Options and Automatic Renewal


I agree that my payments will be made by credit card or bank draft authorizations, unless otherwise negotiated in writing with management. I further agree that, unless I have provided you with prior written Notice as stipulated in the Enrollment Changes or Cancellation Section of this Agreement, my enrollment options will be automatically renewed. In the absence of my providing you with a cancellation Notice, I agree to pay the applicable fee and authorize you to debit my credit or debit card or checking account, on accordance with my prior authorization. I understand that with fourteen days prior written Notice to me, you may increase your fee schedule effective as of the next Calendar Month or Term for which I became enrolled.
The obligation to pay dues is not dependent on the availability of all the CFHC’s facilities. Special engagements, repairs and maintenance of some facilities may make it necessary for CFHC to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended 
during the time when one or more of the facilities are not available. Monthly renewing clients may cancel memberships by notifying CFHC personnel of his/her wish to cancel over the phone or in person any time during business hours prior to the first day of the month to be cancelled.There are no refunds for membership fees and the CFHC will not prorate a cancelled membership.


5. Enrollment Changes or Cancellation – Three-Day Right of Recession


New members have 3 days, exclusive of holidays and weekends, after signing this agreement to cancel their membership without penalty upon the mailing or delivery of written notice to CFHC. If the Agreement is cancelled within 3 days, CFH will refund upon such notice all moneys paid under the contract, except that CFHC may retain an amount computed by dividing the number of occasions CFHC services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that CFHC services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within the 3-day provision.


6. Late Payment of Fees


A late payment fee of $______ will be charged on any payment past due. Membership fees must be paid effective the 1st day of the month when due. Membership may be cancelled, at the discretion of CFHC if fees are not timely paid


7. Freeze Policy


Clients may put their membership on freeze, in one calendar month increments, for up to three calendar months per calendar year. Notice of freeze must be given to CFHC personnel over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Clients will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly clients will have current year extended by the number of frozen months.


8. Acknowledgement of Risks


I understand that your Programs involve regimes of highly strenuous athletic and physical fitness activities and recognize that participation in such strenuous activities inherently involve health and injury risks, which can be very serious, to include death. I understand and knowingly accept these risks. I represent that I have no physical or health issues that might inhibit my participation in your Classes or might increase my risks. I further represent that I have recently received medical clearance and approval from a physician to participate in highly strenuous exercise activities. I understand that it is my responsibility to regulate the scope and intensity of my participation in each class session so that I am not overtaxed and I promise that I will do so. I further acknowledge that, by electing to continue participation in a class, my assumption of risk


9. Waiver of Liability


I hereby release in full and forever discharge and hold harmless, CrossFit HardCore, LLC, it’s fitness instructors, officers, and employees, whether acting within the scope of their employment or otherwise, of any liability, loss, cost, damage, expense, claim, or suit whatsoever for any or all injury, loss, illness, harm, cost, expense, claim, suit, damage or other claim resulting from, related to, or in any way arising from my participation in CFHC’s Classes. I understand that the owner of and agent for any Property where my Class is to be conducted and/or any Class Sponsor will be third party beneficiaries of this Waiver of Liability and Release.


10. Out of Business or Move

 

If CFHC goes out of business or movies it’s facilities more than five (5) driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles of the business location designated in such contract at no additional cost to the client, the Client’s agreement will be cancelled and unused membership fees will be refunded within 30 days. Client should contact the Florida Department of Agriculture & Consumer Services for information within 60 days should CFHC go out of business. 

 


11. Death or Disability of Member


If Client dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, Client shall be issued a refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require the client or the client’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the client shall be established if the client furnishes to the CFHC a certification of such disability by a physician licensed under Chapter 458, 459, 460 or Chapter 461 to the extent the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.


12. Department Determines Refund Due to Member


If the Department determines that a refund is due the client, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of CFHC shall not be deemed out of business when temporarily closed for repair and renovation of the premises. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

  1. a)  Upon sale, for not more than 14 consecutive days; or

  2. b)  During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

13. Attire

 

Proper attire is required for participants using the facility. Shirts, shoes are mandatory. Proper footwear must be worn as follows:


a) Court type or aerobics shoes only unless otherwise specified by the instructor b) No open toed shoes, thongs, sandals, ballet or slipper-type shoes allowed.


14. Service Limitations


I understand that you have the right to suspend and/or terminate this Agreement and/or my participation in any Program for any cause or reason, to include my non-payment of fees, or for any behavior deemed by CFHC’s management to be harmful or inappropriate to the enjoyment, and/or participation of any other client or CFHC’s instructor/trainer. Except as provided below, termination may be without any refund of any fees I may have paid.


15. Damages


Clients shall pay for any damages to the CFHC’s property which results from the willful or negligent conduct of client, Client’s guest or dependent children.


16. Lost Articles


CFHC assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.


17. Changes of Rules and/or Regulations


CFHC reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by CFHC from time to time.


18. Governing Law


The laws of Florida shall govern this Agreement. If any portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement, if applicable, shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties; there are no collateral agreements, representations or guarantees, oral or otherwise, unless specifically written and attached hereto.


 

19. Acknowledgement


 

I have read this Agreement, fully understand its terms and provisions, and agree to be bound by its provisions. By signing, I understand that I am entering into a legally enforceable agreement.


Date ____________________________

Name _______________________________________________________

Address _____________________________________________________

Phone Number ________________________________________________

E-Mail_______________________________________________________

SHOULD YOU (THE CLIENT) CHOOSE TO PAY FOR MORE THAN ONE MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

 


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