Name: First Name Last Name Date of Birth: DOB* Email: Email* Phone: Phone* The undersigned individual (the Member), hereby indicates their desire to become a member of The Smart Fit Method at (Location) Location* , pursuant to the terms and conditions of this gym membership agreement.Membership DuesThe Member agrees to pay dues on a monthly basis, indicated below. These dues may be paid by automatic ACH debit or credit card transaction. $299 per month automatically debited/charged on the start date of the membership. The Member may join The Smart Fit Method on any day of a given month. In such case, the Member’s dues shall be processed on the same day (number) each following month until the membership is cancelled.Membership Gratitude Tokens From time to time Smart Fit would like to reward our loyal Members with Coupons that can be applied to the Members monthly Dues. For example, Smart Fit would reward Members with a Thank You/Thanksgiving Friday sale, and/or a New Years Sale, etc. These Gratitude Coupons can be applied to Memberships during the "cart checkout" page. Coupons will have different Dollar/Credit amounts and durations in the sole discretion of the Club.
Payment Methods(a) Credit card transaction (3.5% convenience fee will be added to each membership dues payment using this method)(b) ACH debit from checking or savings account (0% convenience fee). To convert to ACH payment the Member must request to be converted by sending an email to firstname.lastname@example.org or provide a letter in writing at least 10 days before the Member's next billing cycle. Health AttestationThe Member attests that they are fully able to participate in an exercise regimen without undue risk.Payment InformationPayment information will be collected in our secure online system.Late Payment / Declined Credit CardMembership will automatically be cancelled if credit card is declined. Member AccessThis gym membership agreement entitles the member to access to The Smart Fit Method so long as all dues are current. Hours and specific access are as follows:
The Smart Fit Method reserves the right to demand additional fees for any additional workouts beyond the prescribed 3 workouts per week the Member chooses to engage in.
Booking PoliciesThe Smart Fit Method offers workout appointments on a first come, first served basis to its members. All workout appointments must be booked in The Smart Fit Method app. The Smart Fit Method does not guarantee specific availability to members and recommends members book in advance in order to secure their preferred appointment times.
The Smart Fit Method reserves the right to demand additional fees via the ACH debit or credit card on file for membership in order to charge the amounts above for no-show appointments.Gym Rules & ParticipationThe Member hereby agrees to abide by all posted safety guidelines and regulations while using The Smart Fit Method facilities and equipment. Additionally, the Member agrees to dress and conduct themselves in a manner deemed appropriate for a fitness facility.The Member shall not consume drugs, alcohol, or tobacco products on The Smart Fit Method property. The Member agrees not to photograph or videotape on The Smart Fit Method property. The Smart Fit Method reserves the right to revoke the Member’s access if these terms are violated.
IndemnificationThis gym membership serves as a liability release, pursuant to which the Member agrees to indemnify and hold The Smart Fit Method harmless against any and all claims of loss or damage without limitation.Lost ItemsThe Smart Fit Method assumes no responsibility for lost or stolen articles. Items not claimed within 7 days from our “Lost and Found” bin will be donated to charity.Food and DrinkOnly water in a closed container with a lid is allowed in The Smart Fit Method gyms.Satisfaction GuaranteeThe Smart Fit Method offers a satisfaction guarantee. If a challenge member does not feel as though they received a satisfactory level of service during their membership, they are entitled to a full refund within 28 days of challenge begin date (see above). Refunds requests must be made in person at The Smart Fit Method (location) Location*during the initial 28-day satisfaction guarantee period.Cancellation (Contract Breakage Fee)The Annual membership can be cancelled at any time by the Member. Cancellationmust be received in writing to The Smart Fit Method (location) Cardiff a minimum of 2 weeks (14 days) in advance of the next billing cycle in order to avoid charges. No refunds or pro-rating for partially used time will be allowed. In the event that Member decides to cancel the Annual membership the Member agrees to pay a contract breakage fee of $600.00 when a member cancels the annual membership. The breakage fee is calculated at $50.00 per month savings over 12 months. Accordingly, Member obtains a savings of $600.00 by agreeing to the Annual Membership Option. If Member decided to cancel the annual membership before 1 year, the Member will forfeit the "discount" that is built into the price at $299.00 per month fee.
Right of Cancellation (Under the California Law):"You, the buyer, 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, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent the following address:The Smart Fit Method, #117 - 111 Chesterfield Dr, Cardiff, CA, 92007
Right of Cancellation (Under the Hawaii Law):A) Please be advised that this contract may be canceled by the buyer/Member within five business days after the date on which the buyer/Member/You signs this contract, by mailing or delivering written notice (by Email) to The Smart Fit Club at their address which is specified in this contract.B) You, the buyer, may cancel this contract by mailing or delivering a written notice to this health club. The notice must say that you are canceling this contract and must be postmarked or delivered by midnight of the fifth business day of this health club after signing this contract, excluding Saturdays, Sundays, and state or federal holidays. The notice must be delivered or mailed to: The Smart Fit Method, #117 - 111 Chesterfield Dr, Cardiff, CA, 92007C) Mailing a written notice of cancellation by registered or certified mail within five business days after the date on which the buyer signs the contract shall be conclusive evidence that the notice was timely mailed to the health club. Mailing a written notice of cancellation by regular mail and retaining a duplicate of the signed and dated notice of cancellation shall be prima facie evidence that the notice was mailed to the health club on the date as noted on the notice of cancellation.D) Within thirty days of receipt of the notice of cancellation, The Smart Fit Club shall refund to your the entire consideration that you paid for the contract, less the fair market value of the services and facilities actually used by you.E) Your refund, as outlined in subsection (D) is conditioned upon your return of membership cards and other similar evidence of membership.
Binding LawThis gym membership contract shall be considered binding upon the Member and The Smart Fit Method, and shall be upheld and enforced in accordance with the laws of (state) State*. Any legal proceedings related to this gym membership contract shall take place in courts located in (city) , (state)State* .Photo ReleaseI hereby grant the The Smart Fit Method permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the The Smart Fit Method and will not be returned.I hereby irrevocably authorize the The Smart Fit Method to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the The Smart Fit Method from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.AcceptanceThe below signed party/individual hereby enters this membership contract with The Smart Fit Method acknowledgement and acceptance of the terms listed above.DATE: Date