Three Gear Hitting Membership Agreement
Agreement made on the 11/21/2024, between Three Gear Hitting LLC. referred to herein as the Three Gear Hitting(Three Gear Hitting), andName :
Address:
Email :
Home :
Cell :
Work :
Alt/Emergency :
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 according to the membership option.
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 according to the membership option.
All membership packages rates are per calendar month, paid monthly.
2. Three-Day Right of Rescission
New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, Three Gear Hitting will return all amounts paid (in the same manner paid) within 30 days after cancellation. If original payment was by credit card, the amount paid will be credited to the card used for the original transaction. To cancel, new members must email to inform Three Gear Hitting of their wishes to cancel.
3. Freeze Policy
Members (who have been members for at least 3 months) may put their membership on freeze, one time per year, for up to two calendar months per year for a fee of $50 per freeze request. Notice of freeze must be given to Three Gear Hitting by email prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. The current membership agreement will be extended by the number of months frozen.
4. Late Payment / Declined Credit Card Fees
A late payment/declined credit card fee of $30 will be charged on any payment past the 5th of the Month. Membership fees must be paid on or before the first day of the month.
5. Cancellation of Membership by Member
A member may cancel his/her membership at any time with 30-days notice by notifying Three Gear Hitting of their wish to cancel via email. If appropriate notice is not given the member will be charged a cancellation fee, which for the avoidance of doubt, shall be half of the monthly membership due for the upcoming month. Any member who suffers a physical disability that will prevent him or her from using the facility for more than three months will not be charged a cancellation fee and membership price will be honored upon return to the facility, as long as the cancellation is accompanied by a doctor's note documenting the injury and prognosis. There are no refunds for membership fees, and Three Gear Hitting will not prorate a cancelled membership.
New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, Three Gear Hitting will return all amounts paid (in the same manner paid) within 30 days after cancellation. If original payment was by credit card, the amount paid will be credited to the card used for the original transaction. To cancel, new members must email to inform Three Gear Hitting of their wishes to cancel.
3. Freeze Policy
Members (who have been members for at least 3 months) may put their membership on freeze, one time per year, for up to two calendar months per year for a fee of $50 per freeze request. Notice of freeze must be given to Three Gear Hitting by email prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. The current membership agreement will be extended by the number of months frozen.
4. Late Payment / Declined Credit Card Fees
A late payment/declined credit card fee of $30 will be charged on any payment past the 5th of the Month. Membership fees must be paid on or before the first day of the month.
5. Cancellation of Membership by Member
A member may cancel his/her membership at any time with 30-days notice by notifying Three Gear Hitting of their wish to cancel via email. If appropriate notice is not given the member will be charged a cancellation fee, which for the avoidance of doubt, shall be half of the monthly membership due for the upcoming month. Any member who suffers a physical disability that will prevent him or her from using the facility for more than three months will not be charged a cancellation fee and membership price will be honored upon return to the facility, as long as the cancellation is accompanied by a doctor's note documenting the injury and prognosis. There are no refunds for membership fees, and Three Gear Hitting will not prorate a cancelled membership.
6. Attire
Appropriate footwear is highly recommended and required to train as a member of Three Gear Hitting, no cleats are allowed inside the facility. Members must supply their own baseball equipment for specialized class. This includes, but not limited to: baseball bat, helmet, catching gear, etc. Three Gear Hitting is not liable for any harm or injury due to deviations in the recommended standards of attire.
7. Lost Articles
Three Gear Hitting assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.
8. Smoking, Food and Drink.
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. Absolutely No gum, No seeds, No sticky candy
9. Children on Gym Floor
Members must be 12 years of age or older unless supervised by a parent or legal guardian at all times. Guest/Visitors under the age of 12 must be supervised by a parent or legal guardian at all times.
10. Conduct
Three Gear Hitting 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. Three Gear Hitting has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
11. Damages
Members shall pay for any damages to Three Gear Hitting property which results from the willful or negligent conduct of member, member's guest or dependent children.
12. Rules and/or Regulations
Members who do not observe Three Gear Hitting 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 Three Gear Hitting's rules or regulations. Not all rules and regulations are listed in this agreement. Three Gear Hitting reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Three Gear Hitting
13. Use of Photo and Video
Three Gear Hitting, its representatives and employees have the right to take photographs of Member and Member's property whilst training with Three Gear Hitting.
Three Gear Hitting is authorized to use and publish these photos or videos in print and/or electronically. Three Gear Hitting 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.
14. Holidays
The Membership dues for are based on a 4-week month or 48-week year.
Three Gear Hitting
may cancel classes on national holidays, for the purpose of special events and other purposes without affecting scheduled tuition payments.
15. Miscellaneous
a. 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 CA without regard to the principles of conflict of laws thereof and treated as a contract entirely made and execute within CA
b. Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
c.
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 Membership agreement.
WITNESS our signatures as of the day and date first above stated.