MEMBERSHIP TERMS AND CONDITIONS

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Monthly Payment Amounts. Member understands and agrees that he/she shall be required to make automatic monthly membership payments for the term of the membership. (“Membership Fee”).

Membership Fees.

Monthly Membership Fee. Member agrees to have their bank account automatically debited every month by GIVE FITNESS as a membership fee for access to its facility(ies) and services. Your first payment will be collected the day that you join. That date will be the same date that your payments are collected each month unless you decide to adjust that date. The monthly rate is determined by the plan & services selected and agreed to when joining online.

Annual Maintenance Fee. Member agrees to have their bank account automatically debited once per year on September 5th (for members that join 1/1 -6/30) OR March 5th (for members that join 7/1 – 12/31) in the amount of $39.00. This is in addition to the monthly membership fee.

Late Fee. In the event that a payment due under this Agreement is not made within ten (10) days of the scheduled Payment Date, as set forth herein, the Member shall pay a late fee in the amount of $15.00.

Returned Item Fee. In the event that an automatic debit/withdraw is returned or unsuccessful for insufficient funds, or for any other reason, GIVE FITNESS will charge the Member a returned item fee of $15.00.

Monthly Payment Authorization. By clicking the acceptance of these terms and conditions, you authorize GIVE FITNESS to directly charge the Monthly Membership Fee owed, any late fees, or returned item fees to the bank account you have provided. This authorization will remain in effect until you have canceled it in writing. You understand and agree that participation in this membership requires automatic monthly payments from your bank account and cancellation of these automatic payments will cause your membership to be cancelled. You also understand and agree that, in the event of any returned item or failed debit entry, GIVE FITNESS will charge you a returned item fee of $15.00, in addition to the Late Charge of $15.00. For any returned item, GIVE FITNESS will also have the right to charge fees from any additional account listed above. You also understand that your bank may charge a separate fee for returned/unsuccessful charges.

Monthly Statements. Member agrees that he/she will not receive a monthly statement, payments will be made via automatic withdrawal from your bank account and these withdrawals will appear on your bank statement. Written statements of your account balance can be provided only upon written request.

Member’s Right to Cancel. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT START DATE. Notice of cancellation shall be in writing subscribed by the Member and mailed by registered or certified United States mail to GIVE FITNESS at the following address: GIVE FITNESS, Member Services, 7175 El Camino Real, Atascadero, CA 93422. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Member. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the Member has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the Member shall be destroyed by GIVE FITNESS within fifteen days, unless otherwise instructed by Member in writing.

Additional Cancellation Rights. The membership plan you have selected is a month-to-month agreement that does not require a contract. The date that your first payment is collected will be the same date that your payments are collected each month unless you decide to adjust that date. Every member must have a minimum of two (2) automatic bank account payments prior to cancelling their membership. After two (2) automatic payments have been completed, the agreement can be cancelled at any time for any reason. In the event that cancellation is necessary, written notice must be provided to GIVE Fitness fifteen (15) days prior to your next scheduled payment in order to avoid further charges. There is no fee required to cancel. Written notice is to be provided to GIVE fitness via email to info@givefitness.com.

Services. This membership comes with two (2) free services. In the event that you selected services in addition to your free services, an additional $10 per month will be added per additional service. In order to change/cancel services on this plan, written notice must be provided to GIVE Fitness fifteen (15) days prior to your next scheduled payment in order for the change to take effect.

Tanning Consent. No one under the age of 18 will be allowed to use the Tanning Equipment at the Facility.  If you use the Tanning Equipment provided at the Facility, you acknowledge the following: a) as with natural sunlight, overexposure can cause eye and skin injury and allergic reactions, repeated overexposure may cause photo aging of the skin, dryness, wrinkling and in some instances skin cancer; b) certain medication, lotions and other products may cause your skin to be more sensitive to UV Rays, check the posted list of drugs and products known to increase the photosensitivity of the skin, check with your physician or pharmacist if you are unsure about any medications you are taking or if you have had a problem with indoor or outdoor tanning in the past; and c) you will wear protective eyewear, failure to wear protective eyewear may result in severe burns or long-term injury(ies) to the eyes.

Member’s Health Warranty. Member represents that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the facility.

Rules, Regulations and Schedules. Member agrees to abide by all the membership rules, regulations and schedules of the facility, which may be posted at the facility or issued orally, and which may be amended from time to time, at GIVE FITNESS' sole discretion.

Presentation of Membership Card. All members will be issued a valid membership card. At the time of issuance, members will be required to have their picture taken and kept on file for security reasons. No one will be admitted to any GIVE Fitness facility without displaying a valid membership card or registering as a guest. In the event that a membership card is forgotten or misplaced, their picture on file may verify a member’s identity or a valid form of identification may be required. Replacement membership cards will cost $1.

Independent Contractors. From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.

Guests/Trial Users. Member's Member's guests and trial users are permitted in the facility, but only pursuant to such rules, regulations, fees and schedules for such persons as may then be in effect. GIVE FITNESS reserves the right to limit the number of times any one guest can use the facility and reserves the right to exclude any guest whose use of the facility, in the sole opinion of GIVE FITNESS, would be detrimental to GIVE FITNESS or any of its members. All guests and trial users must sign in at the front desk or kiosk and present photo identification prior to using the facility. Minimum age of all guest and trial users is 18 years old.

Transfers of Membership. Membership may not be transferred.

Member’s Obligations. Member shall not be relieved of his/her obligations to make payments agreed to, and no deduction from any payments shall be made because of Member's failure to use the facilities. (Member dues are for the period of time and are no way related to or adjusted based on, actual usage of the Facility.)

Suspension of Access or Services. Members will not be permitted to use any Club until all fees are current. Member is obligated to pay any collection and/or legal costs incurred by GIVE FITNESS for collection of any fees.  GIVE FITNESS reserves the right to charge balances and overdue balances to their current account.

Valuables and Personal Property. Members are urged to avoid bringing valuables onto the premises. GIVE FITNESS shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers (if available), with the front desk or elsewhere in the facility.

Children’s Use. The minimum age requirement to be a GIVE FITNESS member is 10 years old. Parents may be required to provide a copy of children's birth certificates in order to verify age. A parent or legal guardian must accompany members between the ages of 10 and 14 or guardian at all times during their use of the facility. Children ages 15 to 17 may use the facility without a parent or guardian being on the premises, but must abide by all GIVE FITNESS rules, regulations and schedules. In the event that you are a parent or legal guardian purchasing this membership for your minor child as an individual, you understand and agree that you will be the financially responsible party and the only person allowed to make changes to the account including cancellation. The minor member will be the only person allowed access to the gym.

Dress Code. Proper athletic attire and footwear required. Street clothes, jeans, dress shoes, flip-flops and being barefoot are all prohibited in fitness areas. Shirts must be worn at all times and overexposure of the midriff area is not allowed (sports bras only). Management has the right to prevent the use of any equipment if the proper attire is not worn.

Unauthorized Trainers. Use of non-GIVE FITNESS trainers in the facility is prohibited. Members may not personally train other members.

Revocation of Membership. GIVE FITNESS reserves the right to revoke and cancel this membership at any time for any reason, in which case GIVE FITNESS will immediately terminate any automatic monthly payments of the Member.  GIVE FITNESS reserves the right to retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that GIVE FITNESS may demand the reasonable cost of goods and services which the Member has consumed or wishes to retain after cancellation.

Waiver of Liability. (a) You hereby represent that you are in good physical condition and have medical approval to proceed with an exercise program. You warrant and represent that you (and other members under the same membership) have no disability, impairment or ailment preventing you from engaging in active or passive exercise or activity that will be detrimental to your health, safety or physical condition. If you are in doubt about any of your exercise program, you will be responsible for consulting immediately with your physician before continuing with the exercise program. If you have any special exercise requirements or limitations, you agree to disclose them to GIVE FITNESS upon becoming a member, as well as to the trainers prior to each class taken. (b) You understand that because of the nature of physical activity, there is the element of danger, and there exists the possibility of physical injury (or other damage to physical health) during the use of the equipment, group classes and of other facilities at GIVE FITNESS. You, therefore, agree to use the facilities solely at your risk. (c) GIVE FITNESS will not be responsible for any damages or injuries occurring to you or your guests while in or about the premises of GIVE FITNESS. Such risk of injury includes (but not limited to): injuries arising from use by you, or by others, of exercise equipment and machines; injuries arising from or by members or others in supervised or unsupervised activities, programs or classes, throughout the facility; injuries and medical disorders arising from exercising at the facility such as heart attacks, strokes, heat stress, sprains, broken bones, rhabdomyolysis, back injury, and torn muscles and ligaments, among others, and accidental injuries occurring anywhere in the facility including (without limitations), locker/dressing rooms, showers, bathrooms, utility closets, storage rooms, walkways, and parking lot. You release, indemnify and hold harmless GIVE FITNESS, its successors, officers, directors, employees, assignees, employees and agents harmless from any and all actions, claims, costs, liabilities, expenses (including reasonable attorney fees and costs) and damages that arise directly or indirectly from any injury, loss, damage or death caused to you or your property whether by negligence, breach of contract or in any way whatsoever.

Photo/Video Authorization. You understand that GIVE FITNESS may from time to time photograph or video their clients, client classes/sessions and events and you hereby provide GIVE FITNESS the absolute right and permission to use these pictures/images/videos for any lawful promotional, advertising or marketing purpose.

Governing Law. The validity, interpretation, and enforcement of this Agreement and its terms and conditions shall be interpreted and governed under the laws of the State of California.

By clicking the acceptance of these terms and conditions, you are certifying that you are at least 18 years old and that you have reviewed and agree to the Terms and Conditions of this Agreement. You further understand that you are responsible for payments described herein and elsewhere in the GIVE FITNESS website.