Terms And Conditions
1. Term
Your agreement will renew on a month-to-month basis at the then current rate after the expiration of the Term. You can terminate your agreement during the renewal period by providing us with thirty (30) days’ advance written notice of termination of the Agreement. You will be charged fees through the effective date of termination. The facilities and services are immediately available to the Member on the date of this Agreement. In addition to your right to terminate under Section 13, you may also cancel your agreement during the first thirty (30) days of your initial term by giving written notice of cancellation to us and you will receive a full refund of all payments that you made to us. If you PAID IN FULL for your sessions, then upon expiration of your current Term your agreement will renew on a month-to-month basis at the then current rates after expiration of the Term. Except as otherwise stated herein, all fees and charges that are PAID IN FULL for sessions are non-refundable.
2. Payment.
You agree to pay the Total Due Today upon signing this Agreement. You agree to pay the fees established above via “automatic” withdrawal or electronic fund transfer from the account you provide us. You agree to the initial Agreement term shown above and the automatic withdrawals (payments) will continue for that period and any period thereafter in which you continue your membership unless this Agreement is terminated in writing as provided herein. Fees may be modified from time to time by us in our sole discretion. You will be charged a NSF fee of $25.00 for any payments that are denied or not processed due to insufficient funds in your account.
3. Authorization.
You hereby authorize us to access information from the checking/debit/credit account indicated above, to withdraw funds from that account each month for your fees/charges hereunder, and to initiate credit and/or debit entries by EFT or ACH transfer from the account. This authority is to remain in full force and effect until we have received written notification from you of its termination in such time and in such manner as to afford us a reasonable opportunity to act on it.
4. Specific Cancellation Provisions.
Except as otherwise provided below, you may cancel this Agreement for any of the following reasons:
(a) If you are pregnant or have an illness (that is not a disability) which precludes you from using the facility for three (3) consecutive months and the condition is verified by a physician. Upon cancellation under this paragraph, you will be assessed a charge equal to 50% of the fees per month for each month remaining in the Term of this Agreement and any fees paid to us in excess of the aforementioned total cancellation charge will be refunded to you.
(b) In the event of your death or if you are disabled (and the disability is verified by a physician) which precludes you from using the facility for three (3) consecutive months. Upon cancellation under this paragraph, you will be liable for only that portion of the total consideration paid to us proportional to the elapsed time portion of the Contract at the time of death of disability.
(c) If you move more than twenty-five (25) miles from the location of the Facility. Upon cancellation under this paragraph, you will be assessed a charge equal to 50% of the fees per month for each month remaining in the Term of this Agreement and any fees paid to us in excess of the aforementioned total cancellation charges will be refunded to you.
(d) If the Facility closes or is not operational for more than thirty (30) consecutive days and we fail to provide you a comparable workout option within ten (10) miles of the closed Facility in which you agree to complete this Agreement and receive services at the other location. Upon cancellation under this paragraph, you shall be entitled to a refund of that portion of the fees that you paid in advance for the remaining months in the Term of this Agreement.
(e) If your wish to cancel this Agreement as provided above, then such cancellation notice shall be in writing and delivered personally or by certified mail to us at the address stated above in this Agreement.
(f) If you become unemployed during the course of your contract and can provide proof of unemployment your membership can be terminated without penalty or 30 day notice. You can also choose to suspend your agreement until such time you regain employment. At that time you can resume sessions at your previous rate.
5. Default/Remedies.
Any monthly payment which is received more than ten (10) days after the due date shall be subject to a late charge of $20.00 for the added administrative costs associated with same. Any payment that remains unpaid for thirty (30) days may result (in our sole discretion) in the termination of your membership, the suspension of some or all membership privileges, and/or other actions permitted by law or in equity. Closing of account, insufficient funds or any other action which prevents the automatic charge for your monthly dues, if applicable, will be a material breach of this Agreement. You agree to pay reasonable attorney fees, legal expenses, and other lawful collection costs and expenses of collection incurred by us as a result of your material breach of this Agreement.
6. Facility and Services.
You shall have access to the fitness area, equipment, and machines in the Facility. Your Fee does not cover lessons, classes, individual or group training sessions, special programs, or rentals, some or all of which may be made available from time to time for additional charges. Not all programs, benefits, facilities, equipment, etc. will be available at all times. Fees are not assignable or transferable and any attempted transfer or assignment shall be null and void.
7. Assumption of Risk.
You assume all risks while using and participating in activities at the Facility. You assume the risk of any injury, damage, or loss that you may sustain as a result of participating in the fitness activities and programs at the Facility. You hereby waive, discharge, indemnify, and release Karmen Towne Training, its owners, managers, directors, officers, agents, trainers, consultants, contractors, and employees from and against any and all liabilities, injuries, death, loss, claims, suits, damages, or demands, attorney fees, costs, and expenses of any nature, which you now have or may have in the future, arising from or pertaining to this Agreement, your use of the facilities, and the fitness and physical activities that you perform at the Facility, unless the same is caused by the negligence or intentional acts of Karmen Towne Training.
8. Rules and Regulations.
We operate under rules and regulations established for the safety and protection of our clients. You agree to abide by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted by us. Our rules and policies are subject to change, without prior notice, at our sole discretion. You accept such reasonable changes as a condition of training with us.
9. Governing Law.
This Agreement shall be governed by and construed under the law of the State of Wisconsin without regard to the principles of conflicts of law thereunder. The rights and obligations under this Agreement shall inure to and be binding on the parties hereto, their respective heirs, successors and assigns.
10. Assignment/Severability.
You shall not assign this Agreement without Lessor’s prior written approval. We shall be permitted to assign this Agreement to another third party upon advanced written notice to you. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstance, shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law.
11. Binding.
The rights and obligations under this Agreement shall inure to and be binding on the parties hereto, their respective heirs, successors and assigns.
12. Entire Agreement.
The terms and conditions set forth herein, along with the attached Waiver and Release, constitute the complete understanding and agreements with regard to the subject matter of this Agreement, and supersedes any prior or subsequent agreements of the parties.
13. CANCELLATION AND REFUNDS (RIGHT TO CANCEL).
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 this 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 may do so by notifying Karmen Towne Training by any writing mailed or delivered to Karmen Towne Training at the address shown on the Contract, within the previously described time period. If you do so cancel, any payments made by you, less a user fee of no more than $3 per day of actual use, will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Karmen Towne Training and arrangements will be made to relieve you of any further obligation to pay the same.
THE TERMS AND CONDITIONS SET FORTH ABOVE, ALONG WITH THE WAIVER AND RELEASE ATTACHED HERETO, MAKE UP THE ENTIRE BINDING CONTRACT BETWEEN THE PARTIES (“AGREEMENT”). CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY SIGNING BELOW, THE CLIENT AGREES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS THE TERMS OF THIS AGREEMENT, AND ENTERS INTO THIS AGREEMENT FREELY AND VOLUNTARILY. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED A COPY OF THIS SIGNED AGREEMENT.