2. Programs and Fees

a.       Please refer to Exhibit A Section 1. Program for detailed descriptions of D1 training programs. D1 offers Weekly Membership, Workout Packs, Team Training, 1-on-1, and Overtime programs. In addition, D1 facility can be rented out for special events.

b.      Payment for D1 Program fees (“Program Fees”) are due immediately upon the date Athlete signs this Agreement.

c.       Payment for D1 Programs fees (“Program Fees”) are automatically charged to Athlete’s credit card or debit card on file. Depending on the program of which Athlete is participating in, the Program Fees are charged upfront, weekly, or upon completing a training session.

d.      Membership Cancellation  and Cancellation Fee. For Adult Training Program weekly memberships, Athlete may cancel the membership twelve (12) weeks after entering this agreement. For all Programs, a cancellation fee equal to seventy-five percent (75%) of the pro-rated value of the remainder of Athlete’s Agreement must be paid, and it must clear the bank before cancellation may occur. Notice of Athlete’s intent to cancel must be sent within ten (10) days prior to cancellation via email to the general manager of Athlete’s D1 facility.

e.       No Show Policy. All Athletes must cancel at least four (4) hours prior to their scheduled workout or a Fifteen and 00/100 Dollars ($15.00) no show fee will be charged to Athlete’s account. For Overtime and D1-on-1 programs, all Athletes must cancel at least twenty-four (24) hours prior to their scheduled workout to avoid payment for the workout.

f.        D1 agrees to provide a sports trainer (“Coach”) to provide training services to Athlete. Unless such training services are provided at D1, Athlete agrees to bear all costs associated with the training services, including the costs of all equipment and rental of the building or space in which training services are provided, if any.

 

3. Availability of Facility.

a.       Please refer to Exhibit A Section 2. Availability of Facility for detailed description.

b.      D1 provides workout by appointment with designated open gym time slots. The operating hours and up-to-date workout schedules are listed on D1 Milwaukee website. D1 reserves the rights to change the schedules and operating hours.

c.       D1 will refuse the participation of the workouts if the Athlete is late to scheduled workouts to prevent injuries to Athlete and disruption to others in the workouts.

 

4. Community Standards and Code of Conducts

a.       D1 is a private, independent, community-oriented company. The Athlete and the Athlete’s guests are asked to uphold behavioral standards that exist for the betterment of D1’s community. Guests are asked to cooperate in preserving a community focused and family friendly atmosphere, free of inappropriate language, disrespect for others, and immodest dress. Pets, illegal drugs, weapons, alcoholic beverages and tobacco are prohibited anywhere on the facility.

b.      Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container.

c.       Food and drink except for water bottles are not allowed in the turf and weight room area. Water bottle should be in a non-breakable, enclosed container.

d.      D1 reserves the rights to ask the Athlete and the Athlete’s guests to leave if the community standards and code of conducts are not observed. D1 will add, change, or remove certain portions of the community standards and code of conducts from time to time.

e.       Athletes shall pay for any damages to D1 property which results from the willful or negligent conduct of Athlete, Athlete’s guest, or dependent children

f.        D1 assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after thirty (30) days will be donated to charity or thrown away.

 

5. Social Media Release. Please refer to the Athlete’s signed D1 Sports Liability Waiver and Release on file. 

 

6. RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK. Please refer to the Athlete’s signed D1 Sports Liability Waiver and Release on file.

 

7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.  Each party may be entitled to rely upon a facsimile or an electronic version of this Agreement, either of which shall be deemed to be sufficient. Further, this Agreement and any amendment thereto, may be signed electronically through any program in compliance with the ESIGN Act of 2000.

 

8. Governing Law. Please refer to the Athlete’s signed D1 Sports Liability Waiver and Release on file.

 

9. Attorney’s Fees and Collection. If D1 is required to institute suit against the other party to enforce its rights under this Agreement for any claim by D1 in collection of any amounts due hereunder as a result of Program Fees, and if D1 obtains a valid non-appealable judgment or final judgment against the Athlete, then the Athlete agrees to pay all reasonable costs, expenses and reasonable attorney's fees of D1 attributable to the enforcement of this Agreement.

 

10. Miscellaneous.

a.       Athlete agrees to keep the specific terms of Athlete’s Program Fees confidential.

b.      The training services created by D1, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of D1 and may not be used, replicated, disclosed, published or sold without prior written consent from D1. Other than access to D1’s regular workout schedule, programs or services provided to Athlete are done as a courtesy and may be stopped by D1 at any time. 

c.       D1 retains the right to alter the terms of this Agreement at any time.

Exhibit A
1.      Program.

a.       D1 Program.  D1 Programs constitute of adult trainings and scholastic trainings

•         Adult Training: Boot Camp and Strength

•         Scholastics: Rookie (age 7-11), Devo (age 12-14), and Prep (age 14-18).

•         Supervision of Children: Athletes must be seven (7) years of age or older and supervised by a parent or legal guardian at all times while enrolled in any D1 Program. D1 will be the sole determiner if a child between the ages of 7-18 may participate in any D1 Program workouts. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, and ability to follow instructions.

b.      D1 Membership Level and Payments.

•         Personal Weekly Membership: Program Fees are paid by credit card or debit card weekly per person.

•         Workout Packs: Workout Packs are prepaid per designated number of workouts. The number of workouts will be monitored by D1 software.

c.       D1 1-on-1: D1 offers 1-on-1 training. The Program Fees for Athlete will be automatically charge to credit card or debit card on file for each session.

d.      D1 Overtime: D1 offers sport-specific training as applicable. The Program Fees for the Athlete will be automatically charge to credit card or debit card on file for each session.

e.       D1 Team Training: D1 team training is similar to Workout Packs – prepaid per workout.

•         Team training: Small group training and affiliated with club or school teams. Program Fees are assessed by D1.

•         Affiliated team training: Program Fees are negotiated between D1 and affiliated team. This agreement will be signed by a representative of the affiliated team.

f.        Right to Modify Program Fees. D1 has the right to increase Program Fees at any time.

g.      Taxes. Any and all taxes can and will be charged according to state and federal code.

 

2.      Availability of Facility.

a.       Limited Availability. D1 may close its facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. D1 may delete, change, discontinue, repair, or replace any part or all of the facility without any effect on this Agreement. If no part of the facility is unavailable for more than seven (7) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, D1 will extend Athlete’s program, without additional Program Fees, for the same period the facility was unavailable. Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason including acts of nature, then Athlete may elect to cancel this program effective the following first of the month. D1 will not be responsible for refunding any Program Fees paid, including advance payments up to twelve (12) weeks. Any programs that are paid for more than twelve (12) weeks in advance will have the portion corresponding to a term beyond twelve (12) weeks refunded.

b.      Limited Use. If Athlete knows or should know Athlete has a problem that might prevent Athlete from using D1 (i.e., medical or family emergency, business travel, vacation, etc.) and Athlete signs this Agreement; Athlete agrees that Athlete’s Program is limited accordingly. However, because this is Athlete’s choice, Athlete still must pay Program Fees as if Athlete could use the facility; there will be no carry-over of Program Fees into subsequent weeks for any time unspent using the facility in a previous week.

 

3.      Freeze and Cancellation Policy

a.       Freeze policy. Notice of freeze must be given to one (1) week prior to the first day of the week to be frozen, via email, phone call, or in person to the general manager at Athlete’s local D1 facility. Athlete will not be billed for the Programs during the frozen period. Billing will resume automatically upon the end of the frozen period.

b.      Relocation. Athletes may cancel this agreement if Athlete moves more than fifty (50) miles away from a D1 location. However, the Athlete must continue paying Program Fees until a utility bill is provided with a new address listed. Notice of Athlete’s intent to cancel must be sent within ten (10) days prior to cancellation via email to the general manager of Athlete’s D1 facility.

c.       Death or Permanent Disability. Athletes may cancel if Athlete dies or becomes totally and permanently disabled during the duration of this Agreement. Proof of death or total and permanent disability must be provided. Notice of intent to cancel and proof of death or total disability must be sent via email to the general manager of Athlete’s D1 facility.

d.      The D1 Guarantee. Athletes with an Annual Program may cancel the remainder of their contract within thirty (30) days of signing, if (i) the Athlete checks into at least six (6) workouts prior to cancelling; and (ii) the Athlete’s attendance in at least six (6) workouts is verified by D1 staff.

e.       D1 Overtime Program. Athletes may cancel a D1 Overtime Program with notice of intent to cancel given at least thirty (30) calendar days prior to the end of the current Billing Cycle. Notice of intent to cancel must be sent via email to the general manager of Athlete’s D1 facility and response from the general manager must be received.