Flips & Friends Gymnastics and Tumbling Studio Membership Service Agreement
Owned and Operated by Flips & Friends, Inc.
Monthly Membership Service Agreement And Terms
Client agrees to the following terms.
Monthly rate of:
PARENT & TOT PROGRAM - 1 CHILD: $147 per month for 4 classes
OR
PARENT & TOT PROGRAM - 2 CHILDREN: $205 per month for 4 classes
Your first payment will be drafted upon completion and submission of this form. subsequent payments will be drafted monthly on the anniversay of the first payment date.
Your package will auto renew on each one month anniversary date of agreement.
The Membership Service and Release of Liability Agreement (the “Agreement”) is between Flips & Friends Inc. and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed between Flips & Friends Inc. and the Client that Client is purchasing, for the benefit of the Client, a fitness program membership, from Flips & Friends Inc. according to the terms below.
EFT Request and Authorization: Client chooses to furnish a Credit or Debit card for merchandise purchased at an ITF, LLC facility, Client hereby authorizes Flips & Friends Inc. or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from such account or replacement account designated by Client and accepted by Flips & Friends Inc. for payment of any and all fees, late charges, costs, expenses or any other monies due to Flips & Friends Inc. under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon ten (10) days written notice to, and approved by, Flips & Friends Inc. Client may timely notify the financial institution in control of Client’s account to terminate this Request, by such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law.
IMPORTANT NOTE: Client, by agreeing to partake in Flips & Friends Gymnastics and Tumbling Studio services and related activities, agrees to release Flips & Friends Inc. from liability due to participation. By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Flips & Friends Inc. Flips & Friends Inc. has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement.
CLIENT acknowledges that the GROUP training service programs purchased hereunder includes participation in strenuous physical activities,
including, but not limited to, running, tumbling, gymnastic movements, and various aerobic conditioning offered by Flips & Friends (the “Physical Activities”). Client acknowledges these Physical Activities involve the inherent risk of
physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion,
knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical
activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person,
defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.
CLIENT agrees to assume all risk and responsibility arising from participation in the Physical Activities. Client affirms that Client is in good physical
condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will
be physically and mentally challenging, and client agrees that it is the responsibility of Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in Flips & Friends' Physical Activities. By signing this agreement, Client affirms that he or she is capable of participating in the Physical Activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
CLIENT, on behalf of Client, his or her heirs, assigns and next of kin, waives any claims against and releases Flips & Friends Inc. (as well as any of its owners,
employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for
injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Flips & Friends activities, including, but
not limited to the group training programs and the physical activities.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement and the [www.flipsandfriends.com] website.
RENEWAL: Unless otherwise indicated by the client in writing 30 days prior to the end of the original contract, the membership will auto renew at the
conclusion of the agreement on a monthly basis at the then current rate for the same or comparable package.
PAYMENT & BILLING: Weekly payment by credit card or EFT per the guidelines on page one of the Agreement. The day of the month the Agreement is signed shall be the billing date for the Client. Each month on this day, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account.
CLIENT’S RIGHT TO CANCEL: The Client MAY NOT terminate or cancel the Agreement after a payment has already been processed except as follows: (1) If by reason of death or disability, Client is unable to receive all Flips & Friends Gymnastics and Tumbling Studio services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and (2) In the event the Client moves further than 15 miles from Flips & Friends Gymnastics and Tumbling Studio, Client may terminate this agreement by supplying proof of new residence. (3) You are permitted to cancel this contract until midnight of the 3rd operating day after the date on which you signed the contract. If the facilities or services that are described in the contract are not available at the time you sign the contract, you have until midnight of the 3rd operating day after the day on which you received notice of their availability, to cancel the contract. If within this time period you decide you want to cancel this contract, you must do so by notifying Flips & Friends Inc. by any writing mailed or delivered to Flips & Friends Inc. at the address shown on the contract, within the previously described time period. If you do so cancel before renewal date, the last payment made by you, less a processing fee charged by Wix, our website engine, will be refunded within 21 days of notice of cancellation is delivered, and any evidence of indebtedness executed by you will be cancelled by Flips & Friends Inc. and arrangements will be made to relieve you of any further obligation to pay the same. (4) If Flips & Friends Gymnastics and Tumbling Studio moves more than 5 miles from the location in this contract or goes out of business and fails to provide facilities within 5 miles of the location in this contract, upon written notice from the client, with refunds of such funds paid on a prorated basis as necessary.
CLIENT’S RIGHT TO HOLD: The Client will be allowed to pause their account and monthly payments for a maximum of 12 weeks. Those 12 weeks can be consecutive (ie May, June, July). In order to pause the membership, a written notice must be received in advance prior to the renewal date in order to pause. Your account must also be current. You will not pay dues during this time and your membership will be extended for the number of frozen months.
CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF FLIPS & FRIENDS INC. CLIENT WILL BE REQUIRED TO SIGN A WAIVER PRIOR TO STARTING FIRST GROUP CLASS.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Flips & Friends Inc. shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Flips & Friends Inc. delays or refrains from exercising any rights under this Agreement, Flips & Friends Inc. does not waive, nor will Flips & friends Inc. lose those rights. If Flips & Friends Inc. accepts late or partial payments from the Client, Flips & Friends Inc. does not waive the right to receive full and timely payments and other charges due under this Agreement.
The Parties hereby agree that this Agreement may be signed and conducted by electronic means, including but not limited to accepting electronic signatures as signatures and accepting electronic records for the formation of this contract.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.