BFIT CrossFit Instructional Class Purchase Agreement
The parties agree as follows:
All class costs and class schedules are subject to change without notice. There are no refunds for classes purchased. If the monthly pay option for a package of instructional classes is selected, then a participant's credit card will be charged on the first of every month. If a participant chooses to pay for instructional classes on a class by class basis, then a participant's credit card will be charged at the time of each class.
Instructional Class Package Purchase Option Selected: Package of 6- 30 day instructional day pass
This option includes the number of packages and instructional classes indicated. Each Package is good for a one month period. Any unused classes in each package automatically expire at the end of the one month period. The price indicated is per each package, which is charged on the day of the month selected.
2. Three-Day Right of Rescission
New participants have three days after signing this Agreement to cancel their class package purchase without penalty. If the Agreement is cancelled within three days, BFIT CrossFit 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 participants must call or come into BFIT CrossFit and inform BFIT CrossFit of their wishes to cancel.
3. Freeze Policy
Participants may put their packages 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 BFIT CrossFit over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Participants will not be billed during frozen months. Billing will resume automatically upon end of freeze. The current class purchase 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 due. Fees must be paid on or before the first day of the month.
5. Cancellation by Participant
A participant may cancel this class purchase agreement and receive a refund of class packages purchased but not used at any time upon payment of a cancellation fee equal to two packages at current rate stated in this agreement. A Participant may cancel this class purchase agreement and receive a refund of class packages purchased but not used without paying the cancellation fee if they move more than 50 miles further than the address listed on their application, provided the participant notifies BFIT CrossFit of the move prior to the first of the month in which the move is to occur. Any participant who suffers a physical disability that will prevent him or her from using the facility for more than six months may cancel this class purchase agreement and receive a refund of class packages purchased but not used and will not be charged a cancellation fee as long as the cancellation is accompanied by a doctor's note documenting the injury and prognosis. Participants may cancel by notifying BFIT CrossFit of their wish to cancel over the phone or in person, any time during business hours prior to the first day of the month to be cancelled. There are no refunds for fees, and BFIT CrossFit will not prorate a cancelled purchase.
Appropriate footwear is highly recommended and required to train in the instructional classes at BFIT 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. BFIT CrossFit is not liable for any harm or injury due to deviations in the recommended standards of footwear.
7. Lost Articles
BFIT 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.
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.
Participants 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.
BFIT CrossFit is committed to the health, safety, welfare of each of its participants and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. BFIT CrossFit has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of remaining classes and/or class packages of any participant engaging in unacceptable behavior.
Participants shall pay for any damages to BFIT CrossFit property which results from the willful or negligent conduct of participant, participant's guest or dependent children.
12. Rules and/or Regulations
Participants who do not observe BFIT CrossFit rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate class privileges for anyone who refuses to observe any of BFIT CrossFit's rules or regulations. Not all rules and regulations are listed in this agreement. BFIT CrossFit reserves the rights to add, change or remove rules, conditions of participation, opening and closing hours, and all services and facilities offered by BFIT CrossFit
13. Waiver, Release and Assumption of Risk
a. The undersigned participant (hereinafter referred to as Participant) understands and agrees that he/she is voluntarily participating in physical activities which may expose Participant to some level of risk or injury, and Participant represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.
b. Participant represents that he/she is in good physical health, and that Participant shall notify BFIT CrossFit in writing if he/she becomes unable to participate in a class activity due to some physical or mental considerations. In consideration of BFIT CrossFit allowing Participant to participate in physical activity, Participant agrees to indemnify and hold BFIT CrossFit harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney fees) from any and all claims of negligence, demands, rights, or causes of action of any kind or nature that may hereafter at any time be made or brought by Participant or on Participant's behalf for any know or unknown, foreseen or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Participant as a direct or indirect result of participating in the aforementioned classes and use of the equipment of BFIT CrossFit.
c. The provision of the Paragraph shall continue to full force and effect even after the termination of Participant's participation with BFIT CrossFit.
14. Use of Photo and Video
BFIT CrossFit, its representatives and employees the right to take photographs of Participant and Participant's property whilst in classes at BFIT CrossFit.
BFIT CrossFit is authorized to use and publish these photos or videos in print and/or electronically. BFIT CrossFit may use such photographs of Participant with or without Participant's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
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 MO without regard to the principles of conflict of laws thereof and treated as a contract entirely made and execute within MO
b. Participant 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) Participant has given up considerable future legal rights. Participant has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Participant 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.