A. Term Memberships: Your first month at Flex Appeal Fitness is prorated, contingent upon when this Agreement is initiated relative to the first of each month. Monthly dues are only prorated once, upon initial enrollment with Flex Appeal Fitness.
B. Term Auto-Pay Membership Payments: All term auto-pay memberships and fees are collected via auto-pay from either a debit card or credit card held on file. By providing your debit or credit card information, you allow Flex Appeal Fitness to automatically withdraw dues and fees as they come due each 1st or 15th of the month.
C. Couple/Family Memberships: Couple is defined as any two members living in the household. Family is defined as parents and children living in the same household. If the usage of a family membership drops to two people or one person within 30 days, membership dues will change to the equivalent term Couple or Individual rates in effect at that time.
D. Right to Modify Dues: Your auto-pay membership dues will never increase or decrease within the term of your membership. However, once the term of your contract is complete, Flex Appeal Fitness reserves the right to update your dues to reflect the current pricing.
3. Three-Day Right of Rescission: New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, Flex Appeal Fitness will return to the member within thirty days all amounts paid, less $25 for usage of facility during those three days. No exceptions on this fee. To cancel, new members must inform Flex Appeal Fitness in writing of their intent to cancel. Written intent to cancel can be delivered to Flex Appeal Fitness in person to any staff member or it can be emailed to email@example.com, Attn: Danielle Todd.
4. Availability of Facility
A. Class, Appointment or Open Gym Time Only: Flex Appeal Fitness offers by-appointment personal training, scheduled group classes and scheduled open gym times. The facility is not open 24 hours a day, seven days a week. Members may use the facility only during scheduled times as their membership allows. Operating hours for group classes and open gym are listed on our website at www.flexappealfitnesswi.com. Flex Appeal Fitness reserves the right to modify, cancel or change operating hours/schedules at its sole discretion without any effect to this Agreement.
B. Limited Availability: Flex Appeal Fitness may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. Flex Appeal Fitness 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 three (3) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, Flex Appeal Fitness will extend your membership, without Dues, 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 you may elect to cancel this membership effective the following 1st of the month with no penalty charges. Flex Appeal Fitness will not be responsible for refunding any membership fees paid, including advance payments up to 12 months. Any memberships that are paid for more than 12 months in advance will have the portion corresponding to a term beyond 12 months refunded within 60 days.
C. Limited Use: If you know or should know you have a problem that might prevent you from using Flex Appeal Fitness (i.e., medical or family emergency, business travel, vacation, etc and you sign this Agreement; you agree that your membership is limited accordingly. However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carry-over of monthly dues into subsequent months for any time unspent using the Facility in a previous month. See our "Hold Policy" for Auto-Pay Term Memberships and our Cancellation Policy for other options.
5. Hold Policy for Auto-Pay Term Memberships: Members may put their auto-pay term membership on hold, in one calendar month increments, for up to three (3) calendar months per year for a non-refundable fee of $25 per hold request. Notice of hold must be given to Flex Appeal Fitness via written letter or by email (firstname.lastname@example.org) at least three business days prior to the first day of the month for membership to be held. Members will not be billed for membership during the holding months. Billing will resume automatically upon end of hold. The current membership agreement will be extended by the number of months in holding.
6. Late Payment / Declined Credit Card Fees: Should your payment be declined by a card on file, a check be returned due to insufficient funds or a payment be made late, you will be charged a $25 fee if the payment is not made within five days of being due. Membership dues must be paid on or before the 1st or 15th of the month, whichever this Agreement states is the chosen due date. Members whose dues are not current within the five day grace period, will not be allowed to participate in any group classes or open gym times until membership dues are made current.
7. Cancellation of Membership by Member: A member may cancel his/her membership at any time with at least a seven (7) business day written notice. Written notice can be given in person to any Flex Appeal Fitness staff member or emailed to Danielle Todd at email@example.com. There are no refunds on used or unused membership fees. Please see Fees and Discounts section for cancellation fees.
8. Lost Articles: Flex Appeal Fitness assumes no responsibility for lost or stolen articles. Lost and found articles not claimed from bin located in locker room after 30 days will be donated to charity or thrown away.
9. Smoking, Alcohol, Food and Drink: No smoking is allowed in any part of the facility. Food is only allowed in the locker room and balcony area, so long as garbage is properly disposed of and the area is kept clean. Drinks may be taken into the facilities if it is in a non-breakable, enclosed container. Please be respectful and clean up any messes you make. No alcohol is permitted anywhere on the premises.
10. Supervision of Children
A. Members must be 14 years of age or older unless supervised by a parent or legal guardian at all times.
B. Guests/Visitors under the age of 14 must be supervised by a parent or legal guardian at all times.
C. Children between 12 and 14 may participate on a case-by-case basis in regular classes if the parent or legal guardian is present. Flex Appeal Fitness will be the sole determiner if a child between the ages of 12 and 14 may participate in group classes and/or open gym. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, ability to follow instructions, and/or a determination that regular classes will allow for greater progress than one on one training.
D. Children not participating in classes or one on one training MUST, AT ALL TIMES, remain in the kids play area located on the balcony area. If you do not want them on the balcony, they are not allowed to be with you at the Facility. Unless participating in a class or one on one training, children are not permitted on the gym floor FOR ANY REASON. If you bring snacks for your child to consume in the kids area, please be respectful and be sure the area is clean before you leave. Any entertainment items you bring for your child are not the responsibility of Flex Appeal Fitness if lost, stolen or damaged.
11. Conduct: Flex Appeal Fitness is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Flex Appeal Fitness reserves the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior.
12. Damages: Members shall pay for any damages to Flex Appeal Fitness property which results from the willful or negligent conduct of member, member's guest or dependent children.
13. Rules and/or Regulations: Members who do not observe Flex Appeal Fitness rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership of anyone who refuses to observe any of Flex Appeal Fitness' rules or regulations. Not all rules and regulations are listed in this agreement. Flex Appeal Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and services and facilities offered by Flex Appeal Fitness.
A. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.
B. Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
C. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.