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Please read and agree to the contract for this membership

Diamond Hill CrossFit Membership Agreement & Waiver

Agreement made on the 03/29/2024 , between Diamond Hill CrossFit, LLC.. referred to herein as the Diamond Hill CrossFit(DHCF), and

Name : WodhopperWebApp Maven Webapp
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Both parties agree as follows:

1. MEMBERSHIP FEES
All fees and schedules are subject to change without notice. There are no refunds for membership fees. The member's credit card will be charged on the first of every month.
Membership Option:
  • CrossFit - New member trial
All membership packages rates are per calendar month, paid monthly.
All new members wishing to renew their membership contract at the end of their Elements/Introductory will have the option to do so on the last day of their program.

2. PAYMENT OPTIONS AND AUTOMATIC RENEWAL

I agree that my payments will be made by credit card or bank draft authorizations, unless otherwise negotiated in writing with management. I further agree that, unless I provide you with prior written Notice, my enrollment option will be automatically renewed month to month. In the absence of my providing you with a Cancellation Notice, I agree to pay the applicable fees and authorize you to debit my credit or debit card or checking account, in accordance with my prior authorization. I understand that with thirty (30) days prior written Notice to me, you may increase your fee schedule effective as of the next Calendar Month or Term for which I become enrolled. The obligation to pay dues is not dependent on the availability of all the Diamond Hill CrossFit, LLC. facilities. Special engagements, repairs and maintenance of some facilities may make it necessary for Diamond Hill CrossFit, LLC. to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly renewing clients may cancel memberships by notifying Diamond Hill CrossFit, LLC. personnel of his/her wish to cancel in writing any time during business hours 7 days prior to the first day of the month to be cancelled. There are no refunds for membership fees and the Diamond Hill CrossFit, LLC. will not prorate a cancelled membership.

 

This company is not subject to the bonding requirements of R.I.G.L. §5-50-3

 

3. MEMBER'S RIGHT TO CANCEL,

 

If you wish to cancel this contract, you may cancel by mail or email to Diamond Hill CrossFit, LLC. . You must give notice, in writing that you do not wish to be bound by the contract. This notice must be delivered, mailed or e-mailed before midnight of the tenth (10th) business day after the date of the contract so entered into. All cancellations must be delivered or mailed to: Diamond Hill CrossFit, LLC. , 30 Industrial Road, Cumberland, RI 02864 or E-mailed to: DiamondHillCrossFit@gmail.com

 

4. LATE PAYMENT OF FEES

 

A late payment fee of $30.00 will be charged on any payment past due or declined. Membership fees must be paid effective the 1st day of the month when due. Membership may be cancelled, at the discretion of Diamond Hill CrossFit, LLC. if fees are not timely paid.

 

5. FREEZE POLICY

 

Clients may put their membership on freeze, in one calendar month increments, for up to three calendar months per calendar year. Notice of freeze must be given to Diamond Hill CrossFit, LLC. personnel in person or by E-mail any time during business hours prior to the first day of the month to be frozen. Clients will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly clients will have current year extended by the number of frozen months.

 

6. ACKNOWLEDGEMENT OF RISKS

 

I understand that your Programs involve regimes of highly strenuous athletic and physical fitness activities and recognize that participation in such strenuous activities inherently involve health and injury risks, which can be very serious, to include death. I understand and knowingly accept these risks. I represent that I have no physical or health issues that might inhibit my participation in your Classes or might increase my risks. I further represent that I have recently received medical clearance and approval from a physician to participate in highly strenuous exercise activities. I understand that it is my responsibility to regulate the scope and intensity of my participation in each class session so that I do not over exert or try to exceed my physical limitations and I promise that I will not do so. I further acknowledge that, by electing to continue participation in a class, my assumption of risk will be ongoing and absolute. Last, I acknowledge that any failure on my part to exercise common sense and caution may significantly increase the risks I will incur.

 

Children.  Unless enrolled in the CrossFit Teens or CrossFit Kids, members must be 16 years of age or older. Members under the age of 16 not enrolled in CrossFit Teens or CrossFit Kids must be 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.

7. WAIVER OF LIABILITY

 

I hereby release in full and forever discharge and hold harmless, Diamond Hill CrossFit, LLC. , Inc., its fitness instructors, officers, and employees, whether acting within the scope of their employment or otherwise, of any liability, loss, cost, damage, expense, claim, or suit whatsoever for any or all injury, loss, illness, harm, cost, expense, claim, suit, damage or other claim resulting from, related to, or in any way arising from my participation in Diamond Hill CrossFit, LLC. ’s Classes. I understand that the owner of and agent for any Property where my Class is to be conducted and/or any Class Sponsor will be third party beneficiaries of this Waiver of Liability and Release.

 

8. BUSINESS OR MEMBER MOVE OR CESSATION OF OPERATION

 

Member shall be relieved from any and all obligations under this contract, and shall be entitled to a refund of any prepaid membership under the contract if:

                                                 

(i) A member relocates further than fifteen (15) miles from a comparable health club facility operated by the seller;

 

(ii) If Diamond Hill CrossFit, LLC. relocates further than fifteen (15) miles from its current location, or Diamond Hill CrossFit, LLC. does not maintain a facility and  services within a fifteen (15) mile radius from its current location; or

 

(iii)  If Diamond Hill CrossFit, LLC. services or facilities are not available to the member because Diamond Hill CrossFit, LLC. fails to open a planned location, permanently discontinues operation of the existing business or location or substantially changes the business.

 

 9. DISABILITY OF MEMBER

If a Member becomes significantly physically or medically disabled for a period in excess of three

(3) Months during the membership term, he or she has the option:

                                                 

(i) To be relieved of liability for payment on that portion of the contract term for which the purchaser is disabled and receive a full refund of any prepaid membership on the contract; or

 

(ii) To extend the duration of the contract at no additional cost for a period equal to the duration of the disability. The health club may require that a doctor's certificate be submitted as verification of the disability.

 

10. DEATH OF A MEMBER

In the event of the buyer's death, his or her estate shall be relieved of any further obligation for payment under the contract and shall be entitled to a refund for any prepaid membership for the unused portion of the contract. We may require verification of death.

 

11. CONDUCT

  a. Diamond Hill CrossFit, LLC. 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. Diamond Hill CrossFit, LLC. has the right to judge behavior in its sole discretion, and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.

  b. Solicitation of any Diamond Hill CrossFit, LLC. member for any product or reason without prior consent from Diamond Hill CrossFit, LLC. could lead to termination of membership. Solicitation of any member for the purposes of joining a different CrossFit is strictly prohibited and will result in the immediate expulsion of the member, termination of membership and possible damages.  If a member becomes an owner/employee of any other CrossFit they agree to not solicit any current Diamond Hill CrossFit, LLC. members. Soliciting any members from Diamond Hill CrossFit, LLC. will be considered tortious interference with a business relationship and damages may be sought in court. This paragraph b. of the membership agreement survives the expiration or termination of this agreement.

 

  c. Smoking, Food and Drink. No smoking is allowed in any part of the facility. Drinks may be taken into workout areas if it is in a non-breakable, enclosed container.

12. ATTIRE

 

Proper attire is required for participants using the facility. Shirts, shoes are recommended. Proper footwear must be worn as follows: a. CrossFit type or aerobics shoes only unless otherwise specified by instructor b. No open toed shoes, thongs, sandals, ballet or slipper-type shoes are allowed. For everyone’s safety and convenience, it is requested during winter months that you use a separate pair of shoes for outside and not track mud, snow and/or water into the gym facilities.

 

13. SERVICE LIMITATIONS

 

I understand that you have the right to suspend and/or terminate this Agreement and/or my participation in any Program for any cause or reason, to include my non-payment of fees, or for any behavior deemed by Diamond Hill CrossFit, LLC. ’s management to be harmful or inappropriate to the enjoyment, and/or participation of any other client or Diamond Hill CrossFit, LLC. ’s instructor/trainer. Except as provided below, termination may be without any refund of any fees I may have paid.

 

14. DAMAGES

 

Clients shall pay for any damage to the Diamond Hill CrossFit, LLC. ’s property which results from the willful or negligent conduct of a member, member’s guest or dependent children.

 

15. LOST ARTICLES

 

Diamond Hill CrossFit, LLC. assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

 

16. USE OF PHOTO AND VIDEO

Diamond Hill CrossFit, LLC. , its representatives and employees have the right to take photographs of Member and Member's property while training with Diamond Hill CrossFit, LLC. .

Diamond Hill CrossFit, LLC. is authorized to use and publish these photos or videos in print and/or electronically. Diamond Hill CrossFit, LLC. may use such photographs of Member with or without Member's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content, without compensation to the member.

17. CHANGE OF RULES AND/OR REGULATIONS

 

Diamond Hill CrossFit, LLC. reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by Diamond Hill CrossFit, LLC. from time to time.

18. COLLECTION COSTS

 

In the event that Diamond Hill CrossFit, LLC. is required to pursue collection or legal action for the payment of past due fees and/or costs I agree that Diamond Hill CrossFit, LLC. will also be entitled to the cost of collection, legal fees and costs.

 

19. GOVERNING LAW

 

The laws of the State of Rhode Island shall govern this Agreement. If any portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement, if applicable, shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties; there are no collateral agreements, representations or guarantees, oral or otherwise, unless specifically written and attached hereto.

 

20. ACKNOWLEDGEMENT

 


I have read this Agreement, fully understand its terms and provisions, and agree to be bound by its provisions. By signing, I understand that I am entering into a legally enforceable agreement.

 

PARENTAL CONSENT, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.