[locationname]

[locationaddress]
[clubphone]

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.

DATE: [date]

RECURRING DUES
MEMBERSHIP
AGREEMENT

PARTIES TO THE AGREEMENT

CLUB INFORMATION: [irslegalname] d/b/a [locationname] ("[locationname],” “Company,” “we,” “our” or “us”), and its successors and assigns
CLUB OF ENROLLMENT: [locationname] [locationaddress]

MEMBER INFORMATION:
Member Name: [customer] (“Member,” “you” or “your”)          Email: [email]
Address: [customeraddress]
Birth Date: [dob]          Gender: [gendershort]
Home #: [homephone]          Cell #: [cellphone]          Work #: [workphone]

BUYER INFORMATION: (if different from Member; the Buyer is the person paying for services) [buyer] (“Buyer”)

SUMMARY OF TERMS AND ACCOUNT CHARGES

RECURRING DUES MEMBERSHIP BASICS

As a recurring dues member, you are agreeing to pay for your [locationname] membership on a recurring dues basis.
If your recurring dues membership is for a term of one month or less, then you have a month-to-month membership (“M2M”). You may cancel your M2M membership at any time with a 30-day advance written notice.
If your recurring dues membership is for a term greater than one month, then you have a fixed term membership (“Term”). Term memberships are subject to auto-renewal, and, with limited exception (as described below), may not be cancelled during the initial term.
Your recurring dues billing will begin on [firstinstallmentdate] and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.
You expressly authorize [locationname], or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.

TERMS OF YOUR RECURRING DUES MEMBERSHIP

Membership to begin on	[agreedate]
Monthly Dues Amount (including taxes)	$[perioddue_inctax]
Recurring Dues Period	30 days
Recurring Dues Term (*subject to auto-renewal)	[termmonths]*
First month’s dues (including taxes)	$[firstinvoiceamtdown_inctax]
Sales Tax Rate	[salestaxperc]
TOTAL DUE NOW TO START	$[totaldown]

OTHER CHARGES/FEES

Late Charge

$20 per late payment

Returned Item Fee

(bounced check; payment returned for insufficient funds)

$25 per returned item

PAYMENT SCHEDULE

[paymentschedule]

MEMBERSHIP AGREEMENT (All references to “I” or “me” in this section shall refer to you)

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between FITLAB Strong LLC, located at 711 Center Blvd. Fairfax, CA. and you the member. FITLAB Strong LLC is a boutique fitness studio offering group fitness classes, personal training, small group training, and a functional fitness floor. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered including but not limited to: lockers, changing rooms, and showers, unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between FITLAB Strong LLC, and all members. By using the services offered at FITLAB Strong, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT (All references to “I” or “me” in this section shall refer to you)

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Regular monthly dues apply thereafter. Monthly membership payments shall be made on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

Class packages are billed in-full at the time of purchase, do not expire, and are non-refundable.

CANCELLATION: Members must give notice 30 days prior to next billing date when cancelling memberships. No refunds will be issued for memberships or packages purchased.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. Notice of intent to freeze one’s account must be submitted to FITLAB Strong LLC via email at val@fitlabstrong.com in no less than one month prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

CLASS CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the FITLAB application, or by calling FITLAB Strong during normal business hours and confirming with studio staff.

SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and FITLAB Strong LLC reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to the clients’s account, and the client will not be charged the cancellation fee.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

CLASS PACKS: If you do not cancel within the 12-hour window, a late-cancel fee of $10 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.

MONTHLY UNLIMITED MEMBERSHIPS: If you do not cancel within the 12-hour requisite window, a late-cancel fee of $10 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file, your contract will be suspended upon the subsequent month’s renewal.

The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.

If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. FITLAB Strong LLC staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, you are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. FITLAB Strong LLC staff cannot move class slots for clients in classes that are completely full with wait lists.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from FITLAB Strong LLC, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. FITLAB Strong LLC staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their FITLAB Strong LLC account online. By placing a card on file, the cardholder and account holder gives permission to the FITLAB Strong LLC staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the FITLAB Strong LLC, cancellation policy detailed above.

AUTO-DEBIT:By enrolling in an auto-debit contract, you authorize FITLAB Strong LLC to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) FITLAB Strong LLC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connect with cancellation fees per the cancellation policy. FITLAB Strong LLC may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the FITLAB Strong LLC booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. FITLAB Strong LLC cannot be held responsible for errors in processing due to expired or inaccurate information.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of FITLAB Strong LLC, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the FITLAB Strong LLC staff, you would be at physical risk participating in FITLAB Strong LLC's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish FITLAB Strong LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing FITLAB Strong LLC's concerns and stating that FITLAB Strong LLC's concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmlessFITLAB Strong LLC, , and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of FITLAB Strong LLC's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using FITLAB Strong LLC's Classes and Facilities, and should not be participating in any Classes.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

FITLAB Strong LLC has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of FITLAB Strong LLC will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.

You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the FITLAB Strong LLC Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at FITLAB Strong LLC (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless FITLAB Strong LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of FDITLAB Strong LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any FITLAB Strong LLC program.

You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

You agree to be solely responsible for the safety and well-being of yourself.

You agree to comply with all rules imposed by FITLAB Strong LLC regarding the use of the facilities and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by FITLAB Strong LLC. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time. You must provide FITLAB Strong LLC written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than 30 days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than 30 days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to FITLAB Strong LLC, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and FITLAB Strong LLC reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of FITLAB Strong LLC's services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability).

MISCELANEOUS

CONDUCT/DAMAGES: FITLAB Strong LLC is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe FITLAB Strong LLC's rules and regulations or who abuse equipment in any fashion will be asked to leave. FITLAB Strong LLC has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to FITLAB Strong LLC's property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. FITLAB Strong LLC reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by FITLAB Strong LLC..

PHOTO/VIDEO RELEASE: You hereby grant FITLAB Strong LLC, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at FITLAB Strong LLC and to use and publish these photos or videos in print and/or electronically. You agree that FITLAB Strong LLC may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the gym, or delivered in person to Val Harbidge at 711 Center Blvd. Fairfax CA 94930. OR val@fitlabstrong.com

Buyer's Acceptance: (electronic signature) [buyer] [signature1] Date [agreedate]

COSIGNER (ONLY NEEDED IF MEMBER IS A MINOR OR THERE WILL BE A FINANCIAL CO-SIGNER ON THE ACCOUNT)

PARENT/GUARDIAN. On behalf of my minor child and myself, I agree to all of the provisions of this Agreement, including the provision titled “Release of Liability; Assumption of Risk; Indemnity.” I promise to pay any financial obligation that my minor child does not pay for any reason. I understand that my obligations can only end if the Member/guardian properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.

FINANCIAL COSIGNER. I promise to pay any financial obligation that the Member/Buyer does not pay for any reason. I also agree to indemnify [locationname] to the fullest extent permitted by law for any claim brought against [locationname] by the Member (or Buyer, if different from Member). I understand that my obligations can only end if the Member/Buyer properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.

Cosigner/Parent/Guardian Acceptance: (electronic signature) [buyer] [signature2] Date [agreedate]

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