BoneYard Membership Agreement

1. Agreement -  This agreement is between The Boneyard Strength & Conditioning, hereafter referred to as The Boneyard, and Member hereafter referred to as “member”. This agreement is entered on as of the date of this agreement. Member understands and is aware that any activities, whether or not requiring the use of equipment, are potentially hazardous activities. Member also understands and is aware that any exercise and/or fitness activity involves a risk of injury, as well as abnormal changes in pulse rate, blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that participating in these activities and is using equipment and facilities for such activities with full knowledge, understanding and appreciation of the dangers involved. Member hereby agrees to expressly assume and accept any and all risks of injury, regardless of severity, or death. 2. Memberships -a. Automatic/Recurring Membership Payments: All Auto memberships are collected via auto-debit (i.e., electronic funds transfer) from either a checking account/debit card or credit card. By providing your checking account/debit card or credit card information you allow The Boneyard to automatically withdraw dues and fees as they come due each month. Payments will withdraw indefinitely. See our Freeze Policy or our Cancellation Policy for payment termination. Memberships: Family is defined as spouse or children living in the same household. Only one member is allowed to satisfy dues. If a family membership drops to one member, the Dues change to the Individual rate in effect at that time. 2. Any memberships 30 days past due will be cancelled. Reinstatement requires payment of dues owed and payment of first month of new membership. 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, The Boneyard will return to the member within thirty days all amounts paid less $25 for usage of facility during those three days. To cancel, new members must inform The Boneyard inwriting of their intent to cancel. Written intent to cancel can be delivered to The Boneyard in person or e-mailed to TheBoneyard.pr@gmail.com. 4.Availability of Facility -a. The Boneyard provides an “Open Gym” facility. Members may use the facilities only during posted operating hours. Operating hours and upcoming class schedules are listed on our website at www.TheBoneyardSC.com. The Boneyard reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement. b. Limited Availability: The Boneyard may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. The Boneyard may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement. If any part of the Facility is unavailable for more than three (3)consecutive days (not including Sundays) for any reason but less than thirty consecutive days (not including Sundays), except acts of nature, The Boneyard will extend your membership, without Dues, for the same period the Facility was unavailable. Should the facility become unavailable for more than thirty consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel this membership effective the following months due date. The Boneyard will not be responsible for refunding any membership fees paid. c. Limited Use: If you know or should know you have a problem that might prevent you from using The Boneyard (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 Freeze Policy for Recurring/Automatic Memberships and our Cancellation Policy for other options.5.Freeze Policy for Recurring/Automatic Payment Memberships -Members may put their membership on hold, in one calendar month increments, for up to six (6) calendar months for a one-time fee of $15. Notice of freeze must be given to The Boneyard via e-mail to TheBoneyard.pr@gmail.com at least 3 working days prior to their monthly due date to allow for processing of the freeze. Members will not be billed for membership during freeze months. Billing will resume automatically upon end of freeze if intent to cancel membership is not given with 30 days notice. 6.Late Payment / Declined Credit Card Fees - A $15 late payment fee will be due and payable for payments received 5 days past your due date. Are turned check or declined credit card/debit card will result in a fee of $25.Membership fees must be paid on or before the contracted due date. Members who are not current will not be allowed to participate in Open Gym five (5) days after their due date. 7.Cancellation of Membership by Member - a.      Automatic/Recurring Memberships: A member may cancel his/her membership at any time with at least a30 day notice. If a member cancels within thirty (30) days of their due date, then a payment will still be due the following month. b. To cancel, members must inform The Boneyard in writing of their intent to cancel. Written intent to cancel can be delivered to The Boneyard in person or e-mailed to TheBoneyard.pr@gmail.com. c. Remember partial months are not permitted. There are no refunds for membership fees. The Boneyard will not prorate a cancelled membership except for members that are active service members and are being deployed. 8.Lost Articles - The Boneyard assumes no responsibility for lost or stolen articles. Lost and found articles not claimed 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 or drink may be taken into the facilities if it is in a non-breakable, enclosed container. 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. The Boneyard will be the sole determiner if a child between the ages of 12 and 14 may participate in open gym and/or regular classes. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, and/or their ability to follow instructions.11.Conduct - The Boneyard 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. The Boneyard has 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 The Boneyard 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 The Boneyard 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 The Boneyard’s rules or regulations. Not all rules and regulations are listed in this agreement. The Boneyard reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by The Boneyard.14.Media Release - Member hereby authorizes and grants permission to The Boneyard, its agents and employees the unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release The Boneyard Strength &Conditioning and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview with or without my name, for the purpose of advertising and publicity without restriction. I understand that I can revoke this release at any time in writing and the use of any new photos or other information authorized by this release will immediately cease from that date forward. I waive my right to any compensation.                         15.Miscellaneous - 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 understand sand agrees that by signing this Agreement the 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 18years of age or older and mentally competent to enter into this Agreement. c. All claims, disputes, questions, or controversies arising out of or related to this Contract will be resolved exclusively in final and binding arbitration in accordance with the Commercial Rules of the American Arbitration Association(“AAA”), or successor rules then in effect. Member acknowledges that they are voluntarily agreeing to waive their right to a jury trial and to submit any and all Controversies, claims, causes of action or demands to final and binding arbitration in the State of California. d. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.