CLASS FITNESS, LLC
723 Baxter Street, Suite C, Athens, GA 30601
PARTICIPATION AGREEMENT
[TERMS AND CONDITIONS OF PARTICIPATION]
This Participation Agreement (the “Agreement”) is entered into this the ____ day of ____, 20 (the “Effective Date”) by and between Class Fitness, LLC., a Georgia limited liability company (“Class Fitness”), and ______________________, an individual domiciled in the State of Georgia (“Client”) for the purposes of establishing the terms and conditions by which Client may engage in personal training activities with Class Fitness and its instructors. By signing below, Client voluntarily chooses to participate in Class Fitness programs and acknowledges that there are certain inherent risks and dangers in indoor cycling and exercise and in using indoor cycling and exercise equipment in association therewith.
In consideration for allowing such participation, the undersigned represents, acknowledges, consents, and agrees as follows:
Services. Class Fitness is a boutique fitness studio that offers fitness classes including but not limited to cycle, barre, pilates, strength, and yoga. Unless otherwise agreed upon, sessions will be held at the Class Fitness facility located at 723 Baxter Street, Suite C in Athens, Georgia. Specific dates and times will be scheduled mutually by Class Fitness and Client.
Membership Fees. Fees will be paid on a recurring monthly basis, with monthly memberships available. All fees shall be charged to Client on their credit card on file on the first of the month at amounts set forth in the Class Fitness Schedule of Fees in force at the time of sign up. In the event any monthly payments are not made within three (3) days of coming due, Class Fitness shall have the option, but not the obligation, to terminate said membership immediately.
Classes/Booking. To be assured a spot in any class, Clients shall reserve spaces in available classes via the Class App in advance, but are welcome to walk in and join any class that may have availability without such a reservation. In the event Client books a reservation, however, they will be charged a fee of $10.00 for failure to attend unless they provide notice of cancellation by phone, in person or via the Class App at least two (2) hours in advance thereof. In the event Client books a reservation, they will be charged a fee of $20.00 for failure to attend and for failure to give prior notification. Class Fitness reserves the right to cancel or reschedule a class due to unforeseen circumstances, providing the Client with as much notice as reasonably possible. If Class Fitness cancels a class, a makeup class will be scheduled at the next available date and time.
Acknowledgment of Risk. Client acknowledges, understands, and agrees the risks and hazards associated with participation in Class Fitness programs which could result in injuries, death and/or damage to property from a combination of factors including, but not limited to, accidents involving other participants; falls; the negligence of others or myself; pinches, bruises, abrasions, cuts and lacerations; musculoskeletal injuries including head, neck and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; Client’s own physical condition, and the physical exertion associated with particular classes; or other causes. Client acknowledges that the Classes are inherently dangerous and fully realizes the dangers and risks of and hereby assumes all of the risks of participating in the same.
RECOGNIZING THE RISKS AND DANGERS, CLIENT UNDERSTANDS THE NATURE OF THE ACTIVITIES CONTEMPLATED HEREUNDER AND VOLUNTARILY CHOOSES TO PARTICIPATE IN THE SAME AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF SUCH PARTICIPATION, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
Waiver of Liability. The Client acknowledges that participation in personal training involves inherent risks of injury. The Client assumes all risks associated with the services provided. The Client agrees to inform Class Fitness of any pre-existing medical conditions or injuries before commencing training. Class Fitness is not liable for any injury or loss sustained by the Client as a result of participating in the training program, except in cases of gross negligence or willful misconduct on the part of Class Fitness.
Confidentiality. Class Fitness shall maintain the confidentiality of all information shared by Client and shall not use or release the same without the express permission of Client.
Non-Payment of Fees. Overdue fees may result in refusal of Client access until payment is made. We reserve the right to report defaults to a credit reference agency to obtain payment.
Change of Prices. We reserve the right to review and change the price of our classes and memberships at our sole and absolute discretion. Your monthly Membership Fees will remain the same as your Membership start date throughout your contracted period. Once your contract period has come to an end the Membership Fee will be charged at the rate at the time of the renewal.
Cancellation of Membership. In order to terminate your membership, you must give us a minimum of 30 days’ notice via e-mail, through the Class App or in person. If you cancel your membership before the contracted duration, we may determine if an additional fee must be paid; additional fees may be waived if reasons for cancellation are deemed sufficient by Class Fitness’s management.
Class Fitness is committed to the safety and welfare of clients and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Class Fitness has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership and/or cancellation of class passes without refund of any student engaging in unacceptable behavior. Clients who do not observe Class Fitness’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Class Fitness reserves the right to terminate memberships or class passes of anyone who refuses to observe any of Class Fitness’s rules.
Not all rules are listed in these terms. Class Fitness reserves the right to add, change or remove rules and conditions of membership. Class Fitness reserves the right to add, change or remove rules and conditions of participation in classes, workshops and activities hosted at Class Fitness.
Name and Likeness. The undersigned understands that he or she may be photographed while participating in classes at Class Fitness and agrees to allow his or her photo, video, or film likeness to be used for any legitimate purpose by the Company without compensation or notice to the undersigned.
Contacting Us. All written notices to Class Fitness or completed forms (e.g., Request to freeze Membership) should be e-mailed to info@classfitness.com or submitted via the Class App.
Force Majeure. We shall not be liable to you or deemed to be in breach of these terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay was due to any cause beyond reasonable control, including, but not limited to, Acts of God, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labor, fuel, parts or machinery, power failure or breakdown in machinery.
Waiver. No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
Severability. If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement. These Terms constitute the entire agreement between the parties and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between parties.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Georgia.
Signatures. By signing below the parties acknowledge and agree to the terms and conditions set forth above and agree to be bound by the same as of the Effective Date.