Membership Agreement
413 fitness - Big Lick CrossFit
4509 Bonsack Road
Roanoke, VA 24012
This AGREEMENT is entered into on 04/30/2024, between 413 fitness, LLC. (hereinafter referred to as the "Big Lick CrossFit" or "Health Club") and (hereinafter referred to as "Athlete" or "Buyer").
The AGREEMENT continues until 04/30/2024 at a rate of $ per month. Said monthly fees to be paid by the first (1st) of each successive month.
The parties AGREEMENT includes the following conditions:
1. RIGHTS AND PRIVILEGES:
a. Upon entering into this AGREEMENT and payment of attendant membership fees, the Athlete will be entitled to participate in regularly scheduled fitness classes as scheduled by Big Lick CrossFit. The schedule of classes is subject to change without notice. Big Lick CrossFit does, and will, from time to time offer special events, competitions and enhanced and/or individulalized training opportunities which may have an attendant additional fee or cost.
2. BUYER'S RIGHT TO CANCEL:
a. If the athlete wishes to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: Big Lick CrossFit, 4509 Bonsack Road, Roanoke VA 24012. If canceled within three business days, you will be entitled to a refund of all monies paid. You may also cancel this contract if Big Lick CrossFit goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor's, physician's assistant or nurse practitioner's certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician's assistant or nurse practitioner agreeable to you and Big Lick CrossFit (cost to be borne by the Big Lick CrossFit). If you cancel after the three business days, Big Lick CrossFit may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation."
3. FREEZE POLICY:
Athletes may put their membership on freeze, in one calendar month increments, for up to three calendar months per year for a fee of $50 per freeze request. Notice of freeze must be given to Big Lick CrossFit over the telephone, by email, or in person any time during business hours prior to the first day of the month to be frozen. Athletes will not be billed for membership during frozen months. Billing will resume automatically upon end of the designated freeze period. The current membership agreement will be extended by the number of months the membership was frozen.
4. LATE PAYMENT / DECLINED CREDIT CARD FEES
a. A late payment/declined credit card fee of $30 will be charged on any payment past due. Membership fees must be paid on or before the first day of the month on which the payment is due.
5. CANCELLATION FEE:
a. An Athlete may cancel his/her membership at any time with 30-days notice. If appropriate notice is not given, the Athlete will be charged a cancellation fee. The cancelation fee shall be the greater of, half of the remaining balance of the membership or two months at the current rate stated in this agreement. This paragraph is subject to the right to cancel as outlined in Paragraph 2.
6. ATTIRE
a. Appropriate footwear and attire is required to train as an Athlete at Big Lick CrossFit. Any barefoot lifting or running must be approved by the coach of the particular class and the management, and will be evaluated on a strict case by case basis. Big Lick CrossFit is not liable for any harm or injury due to deviations in the recommended standards of footwear.
7. LOST ARTICLES
a. Big Lick CrossFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
8. SMOKING, FOOD AND DRINK.
a. No smoking is allowed in any part of the facility. Food or drink may be taken into workout areas if it is in a non-breakable, enclosed container.
9. CHILDREN
a. Athletes must be 16 years of age or older unless supervised by a parent or legal guardian at all times. Guest/Visitors under the age of 16 must be supervised by a parent or legal guardian at all times.
10. CONDUCT
a. Big Lick CrossFit is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Big Lick CrossFit has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any Athlete engaging in unacceptable behavior.
11. DAMAGES
a. Athletes shall pay for any damages to Big Lick CrossFit property which results from the willful or negligent conduct of Athlete's, an Athlete's guest or dependent children.
12. RULES AND/OR REGULATIONS
a. Members who do not observe Big Lick CrossFit rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of Big Lick CrossFit's rules or regulations. Not all rules and regulations are listed in this agreement. Big Lick CrossFit reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Big Lick CrossFit.
13. USE OF PHOTO AND VIDEO
Big Lick CrossFit, its representatives and employees have the right to take photographs of Athletes and Athlete's property while training with Big Lick CrossFit.
Further, Big Lick CrossFit is authorized to use and publish these photos or videos in print and/or electronically. Big Lick CrossFit may use such photographs of Athlete's with or without Athlete's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE: THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLY EXECUTED PLUS ONE FULL MONTH IN ADVANCE.
NOTICE: THE BUYER SHOULD ATTEMPT TO RESOLVE ANY COMPLAINT THE BUYER HAS WITH THE HEALTH CLUB, AND THAT THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES REGULATES HEALTH CLUBS IN THE COMMONWEALTH PURSUANT TO THE PROVISIONS OF THE VIRGINIA HEALTH CLUB ACT, The Code of Virginia 59.1-301
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND SUPERSEDES ANY PRIOR WRITTEN OR ORAL AGREEMENTS BETWEEN THEM CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. THE PROVISIONS OF THIS MAY BE WAIVED, ALTERED, AMENDED OR REPEALED, IN WHOLE OR IN PART, ONLY UPON PRIOR WRITTEN CONSENT OF ALL PARTIES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS THEREOF AND TREATED AS A CONTRACT ENTIRELY MADE AND EXECUTE WITHIN VA.
THE PARTIES HAVE READ, AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT AND UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT (WHICH CONTAINS A WAIVER, RELEASE AND ASSUMPTION OF RISKS), THE ATHLETE HAS GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. FURTHER, THE PARTIES ARE ENDORSING THIS AGREEMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO HIM/HER. THE ATHLETE CERTIFIES AND WARRANTS THAT HE/SHE IS 18 YEARS OF AGE OR OLDER AND MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
WITNESS our signatures as of the day and date first above stated.
413 fitness - Big Lick CrossFit
4509 Bonsack Road
Roanoke, VA 24012
This AGREEMENT is entered into on 04/30/2024, between 413 fitness, LLC. (hereinafter referred to as the "Big Lick CrossFit" or "Health Club") and (hereinafter referred to as "Athlete" or "Buyer").
The AGREEMENT continues until 04/30/2024 at a rate of $ per month. Said monthly fees to be paid by the first (1st) of each successive month.
The parties AGREEMENT includes the following conditions:
1. RIGHTS AND PRIVILEGES:
a. Upon entering into this AGREEMENT and payment of attendant membership fees, the Athlete will be entitled to participate in regularly scheduled fitness classes as scheduled by Big Lick CrossFit. The schedule of classes is subject to change without notice. Big Lick CrossFit does, and will, from time to time offer special events, competitions and enhanced and/or individulalized training opportunities which may have an attendant additional fee or cost.
2. BUYER'S RIGHT TO CANCEL:
a. If the athlete wishes to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: Big Lick CrossFit, 4509 Bonsack Road, Roanoke VA 24012. If canceled within three business days, you will be entitled to a refund of all monies paid. You may also cancel this contract if Big Lick CrossFit goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor's, physician's assistant or nurse practitioner's certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician's assistant or nurse practitioner agreeable to you and Big Lick CrossFit (cost to be borne by the Big Lick CrossFit). If you cancel after the three business days, Big Lick CrossFit may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation."
3. FREEZE POLICY:
Athletes may put their membership on freeze, in one calendar month increments, for up to three calendar months per year for a fee of $50 per freeze request. Notice of freeze must be given to Big Lick CrossFit over the telephone, by email, or in person any time during business hours prior to the first day of the month to be frozen. Athletes will not be billed for membership during frozen months. Billing will resume automatically upon end of the designated freeze period. The current membership agreement will be extended by the number of months the membership was frozen.
4. LATE PAYMENT / DECLINED CREDIT CARD FEES
a. A late payment/declined credit card fee of $30 will be charged on any payment past due. Membership fees must be paid on or before the first day of the month on which the payment is due.
5. CANCELLATION FEE:
a. An Athlete may cancel his/her membership at any time with 30-days notice. If appropriate notice is not given, the Athlete will be charged a cancellation fee. The cancelation fee shall be the greater of, half of the remaining balance of the membership or two months at the current rate stated in this agreement. This paragraph is subject to the right to cancel as outlined in Paragraph 2.
6. ATTIRE
a. Appropriate footwear and attire is required to train as an Athlete at Big Lick CrossFit. Any barefoot lifting or running must be approved by the coach of the particular class and the management, and will be evaluated on a strict case by case basis. Big Lick CrossFit is not liable for any harm or injury due to deviations in the recommended standards of footwear.
7. LOST ARTICLES
a. Big Lick CrossFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
8. SMOKING, FOOD AND DRINK.
a. No smoking is allowed in any part of the facility. Food or drink may be taken into workout areas if it is in a non-breakable, enclosed container.
9. CHILDREN
a. Athletes must be 16 years of age or older unless supervised by a parent or legal guardian at all times. Guest/Visitors under the age of 16 must be supervised by a parent or legal guardian at all times.
10. CONDUCT
a. Big Lick CrossFit is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Big Lick CrossFit has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any Athlete engaging in unacceptable behavior.
11. DAMAGES
a. Athletes shall pay for any damages to Big Lick CrossFit property which results from the willful or negligent conduct of Athlete's, an Athlete's guest or dependent children.
12. RULES AND/OR REGULATIONS
a. Members who do not observe Big Lick CrossFit rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of Big Lick CrossFit's rules or regulations. Not all rules and regulations are listed in this agreement. Big Lick CrossFit reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Big Lick CrossFit.
13. USE OF PHOTO AND VIDEO
Big Lick CrossFit, its representatives and employees have the right to take photographs of Athletes and Athlete's property while training with Big Lick CrossFit.
Further, Big Lick CrossFit is authorized to use and publish these photos or videos in print and/or electronically. Big Lick CrossFit may use such photographs of Athlete's with or without Athlete's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE: THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLY EXECUTED PLUS ONE FULL MONTH IN ADVANCE.
NOTICE: THE BUYER SHOULD ATTEMPT TO RESOLVE ANY COMPLAINT THE BUYER HAS WITH THE HEALTH CLUB, AND THAT THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES REGULATES HEALTH CLUBS IN THE COMMONWEALTH PURSUANT TO THE PROVISIONS OF THE VIRGINIA HEALTH CLUB ACT, The Code of Virginia 59.1-301
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND SUPERSEDES ANY PRIOR WRITTEN OR ORAL AGREEMENTS BETWEEN THEM CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. THE PROVISIONS OF THIS MAY BE WAIVED, ALTERED, AMENDED OR REPEALED, IN WHOLE OR IN PART, ONLY UPON PRIOR WRITTEN CONSENT OF ALL PARTIES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICT OF LAWS THEREOF AND TREATED AS A CONTRACT ENTIRELY MADE AND EXECUTE WITHIN VA.
THE PARTIES HAVE READ, AND FULLY AGREE TO THE TERMS OF THIS AGREEMENT AND UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT (WHICH CONTAINS A WAIVER, RELEASE AND ASSUMPTION OF RISKS), THE ATHLETE HAS GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. FURTHER, THE PARTIES ARE ENDORSING THIS AGREEMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO HIM/HER. THE ATHLETE CERTIFIES AND WARRANTS THAT HE/SHE IS 18 YEARS OF AGE OR OLDER AND MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
WITNESS our signatures as of the day and date first above stated.