MEMBERSHIP TERMS AND CONDITIONS
Annual Maintenance Fee. Member agrees to have their bank account automatically debited once per year. This fee will occur 90 days after member join date and each year on this same date in the amount of $49.00. 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 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”).
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.
Additional Cancellation Rights. The membership plan you have selected requires a 1-year contract, or twelve (12) automatic payments from your bank account. 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. After the twelve (12) payments have been completed, the agreement will automatically renew on a month-month basis at the same rate. At that time, the agreement could be cancelled at any time by providing written notice to GIVE FITNESS fifteen (15) days prior to the next scheduled payment and no cancellation fee or reason would be required. EARLY cancellation will only be allowed prior to the twelve (12) monthly payments being completed for any of the following reasons: a) Upon a doctor’s order that you cannot physically receive the services because of significant physical disability for a period in excess of 6 months; or b) if you move your residence more than twenty-five miles from any of the GIVE FITNESS locations (must provide satisfactory proof of new residence). If that is the case, written notice must be provided to GIVE FITNESS fifteen (15) days prior to your next scheduled payment in order to avoid further charges. Written notice is to be provided to GIVE FITNESS via email to email@example.com.
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 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.
E-Sign Consent. Certain laws and regulations may require GIVE FITNESS and/or ABC Financial Services, Inc., to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that GIVE FITNESS and/or ABC Financial Services, Inc., may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting GIVE FITNESS and/or ABC Financial Services, Inc., and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of GIVE FITNESS and/ or ABC Financial Services, Inc. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with GIVE FITNESS and/or ABC Financial Services, Inc., and to promptly notify GIVE FITNESS and/or ABC Financial Services, Inc., of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of GIVE FITNESS and/or ABC Financial Services, Inc. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then GIVE FITNESS and/or ABC Financial Services, Inc., will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to GIVE FITNESS and/or ABC Financial Services, Inc.
FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FINANCIAL AT: 1-888-827-9262 www.abcfinancial.com