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Studio: Fitwall Brighton (Brighton Fit LLC)
Studio Address: Brighton Fit LLC, 305 W. Main Street Brighton, MI 48116
Start Date: 06/03/2020
Contract Term: 1 month(s), recurring monthly billing
(Please review agreement for contract continuation and cancellation policy)
Group Classes Per Month: 8
Monthly Payment: $119.00
The undersigned ("Member"), desires to become a member of the Fitwall location indicated above, and agrees to the following terms and conditions:
Under this option, the Member commits to a membership of the term indicated above and authorizes Fitwall to process payment each month through automatic withdrawal from Member’s financial institution account, or a charge to the Member’s credit card. At the expiration of the commitment term, membership shall automatically renew on a month to month basis unless Member notifies Fitwall of his/her desire not to renew prior to the end of the current term. Fees are automatically charged to Member’s credit card each month on the same date that this contract becomes active. Fitwall may review and change membership fee rates on a periodic basis. In the event of a change, Fitwall shall notify Member of the new rates, which shall become effective at the conclusion of the commitment term or, if month to month, the beginning of the following month.
Any cancellation prior to the end of the term will result in a cancellation fee equal to the lesser of $250, or the balance of membership fees owed for the duration of the term. After the expiration of the term, automatic monthly billing shall continue until Member notifies Fitwall, 30 days in advance, that he/she wishes to cancel the membership and stop billing. To cancel this agreement, deliver a signed and dated notice which states that you, the Member, are canceling this agreement, or words to similar effect. The notice shall be delivered to the studio address indicated above.
If Member selected a 4 or 8 classes per month plan: Member is entitled to attend the specified number of Fitwall group training sessions per month. Member’s account will be populated with the total number of credits on his/her bill date each month. Credits do not roll over to the next month. If Member selected an Unlimited plan: Member is entitled to attend an unlimited number of Fitwall group training sessions per month. Fitwall cannot guarantee availability of a class due to limited availability or other constraints.
If Member selected a 4 or 8 classes per month plan: Any cancellations must be received no later than 12 hours prior to the actual class time. Failure to cancel more than 12 hours in advance, or failure to attend a previously scheduled class, will result in loss of the class credit. If Member selected an Unlimited plan: Any cancellations must be received no later than 12 hours prior to the actual class time. Failure to cancel more than 12 hours in advance, or failure to attend a previously scheduled class, will result in a $10 no-show charge.
Member acknowledges that Fitwall operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by Fitwall. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Fitwall. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at Fitwall while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of Fitwall's management. Fitwall reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
Fitwall requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility.
This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of California.
I understand that Fitwall may suspend or terminate my membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any of Fitwall's policies and procedures, and that in so doing, Fitwall assumes no further liability to adhere to the terms of this Agreement.
As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update Fitwall of any change in my contact information (including address, telephone number or email address) or change in credit information.
The Member shall be permitted to suspend his/her membership account once per year. An account hold can be requested in one-month increments for up to three consecutive months, and will extend the term of the Member's commitment by the number of months the account is suspended. A $20 monthly charge will apply to suspended accounts beginning the second month. A second account suspension may be requested no earlier than one year from the end of the previous suspension. Fitwall’s freeze policy may be amended or updated at any time.
You, the Member, may cancel this agreement at any time prior to the midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, deliver a signed and dated notice which states that you, the Member, are canceling this agreement, or words of similar effect. The notice shall be delivered to the studio address indicated above.
I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.