Terms and Conditions
ACCEPTANCE AND AGREEMENT. I/We hereby agree to accept and abide by the terms of this Membership Application and Agreement.
VIDEO/PHOTOGRAPH RELEASE FORM. I hereby grant Commit2Fitness LLC the irrevocable right and permission to use photographs and/or video recordings of me online and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to me. I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Commit2Fitness LLC. I hereby release, acquit and forever discharge Commit2Fitness LLC its current and former trustees, agents, officers and employees of the above-named entities from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. I hereby warrant that I am eighteen (18) years old or more and competent to contract in my own name or, if I am less than eighteen years old, that my parent or guardian has signed this release form below. This release is binding on me and my heirs, assigns and personal representatives.
FACILITY AND ACCESS. Commit2Fitness LLC will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, circuit training equipment and a free weight training area. The facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. To keep the facility in the best possible condition a portion of the facility may be closed temporarily for repairs and renovations. There will be no adjustment in dues for this period of closure.
EFT AUTHORIZATION. I, the member, authorize Commit2Fitness LLC to transfer electronic funds on a recurring basis from the checking, savings, or credit card account I specified for my membership dues. This authorization is to remain effective until Commit2Fitness LLC has collected for all charges assessed in connection with the terms and conditions of this Agreement.
MEMBERSHIP TERM: I acknowledge and agree that I will maintain membership and pay the dues specified above for a minimum Term of 1 Month(s). I agree that I will be liable for dues for the entire 1 Mont(s) Term of this agreement in the amounts as stated herein regardless of usage or any change of circumstance.
MEMBERSHIP RENEWAL: After the initial 1 month has expired, this Agreement shall automatically continue from month to month at the prevailing membership rate which is subject to change, until I contact Commit2Fitness LLC in writing to cancel. I am responsible for all charges billed or incurred prior to cancellation. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else. Commit2Fitness LLC agrees to provide access to the Commit2Fitness LLC facility, its equipment and/or services as defined by the level of membership Member will pay for, and the Member agrees to purchase gym membership, and/or competent instruction, supervised by qualified personnel trained in the procedures and traditions of such activities.The Member acknowledges and agrees as follows:
MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) the Commit2fitness LLC will rely on the foregoing warranty in issuing the Membership; 2) the Commit2fitness LLC shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by Commit2fitness LLC, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes; 4) Commit2fitness shall not be subject to any claim, demand, or injury whatsoever on account of Commit2fitness LLC evaluation or interpretation of such fitness assessment or similar testing; 5) Commit2fitness LLC shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest remain entirely responsible for and should take any and all steps to make his or herself aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
LIABILITY AND WAIVER OF LIABILITY. Each member of Commit2fitness LLC shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at Commit2fitness LLC or any activity or function operated, arranged or sponsored by Commit2fitness LLC. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of Commit2fitness LLC Facilities, or participation in activities operated, arranged, or sponsored by Commit2fitness LLC either on or off of Commit2fitness LLC premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and Commit2fitness LLC shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge Commit2fitness LLC, its successors and assigns, as well as its officers, agents, and employees from all such claims, demands, actions, or causes of action.
AGREEMENT AND RELEASE OF LIABILITY. Commit2fitness LLC will provide access to the building using a barcode system. I acknowledge the supervision is not always provided at the facility. I acknowledge that use of the barcode system by someone other than myself will result in loss of membership.
Member acknowledges and agrees as follows:
1. I have chosen to enter into the following program(s) and classes:
HIIT Plyometrics Classes, Metabolic Testing, Personal Training, Open Gym, Nutrition Guidance All Around Fitness, All Around Fitness, All Around Fitness, C2 Fit Camp, CO Burner, Defensive HIIT, High HIIT, Hyper Strength, Raw Strength Hybrid
2. Upon completion and full payment of any phase or program, members wishing to continue with the next phase or program must enter into a new Agreement.
3. Commit2Fitness LLC or any party designated by Commit2Fitness LLC may photograph or film me while I attend the premises of Commit2Fitness LLC and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
4. The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.
5. In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Commit2Fitness LLC, its owners, directors, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes, however caused.
6. I further hereby release, remiss and forever discharge Commit2Fitness LLC, its owners, directors, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in using the facility and/or attending the Classes whether or not caused by, in whole or in part, the negligence or gross negligence of Commit2Fitness LLC.
7. I will hold harmless and indemnify Commit2Fitness LLC, its owners, directors, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes, or while in the facility.
8. I will comply with all the rules and regulations of Commit2Fitness LLC.
9. I will pay a service charge of $20.00 for any payments 10 days past due. If there are three payments which are 10 days past due during the period of this Agreement, I agree to pay the remaining balance of the Agreement in full, in addition to any and all recovery charges incurred.
10. I hereby agree that if Commit2Fitness LLC, is unable to process my payment from the designated account provided by me Commit2Fitness LLC is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained on section 9 of this agreement.
11. In addition to any rights and remedies it may otherwise have, Commit2Fitness LLC may terminate this Agreement upon ten days' written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten days after receiving notice of such failure.
12. Failure to attend the Classes or use the facility does not relieve me of the obligation to pay the full tuition for the membership, program or phase in which I am currently enrolled.
13. I understand this agreement may be canceled at any time by paying a cancellation fee equal to 50% of the tuition fee prorated to the remainder of the agreement. All discounts given will not be considered in the calculation of the cancellation fee. If the member and/or co-signer wish to cancel this agreement on the stated terms set out, they may do so by sending a 30 day written notice by electronic letter, registered mail, or in person delivered to Commit2Fitness LLC at least 30 days prior to the cancellation date, with the address:
Commit2Fitness LLC
6510 Wadsworth Boulevard
Arvada, CO 80003
14. An account will be considered in default status after 60 days. Facility access will be terminated by this date, if not before.
15. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
16. Commit2Fitness LLC is committed to protecting the privacy of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed, or if you wish to receive a full copy of our full privacy policy, please contact our privacy officer.
16. I acknowledge receiving a copy of this Agreement.
17. I understand my rights and obligations as stated above. I confirm that I am the full age of nineteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns may have against Commit2Fitness LLC.
18. Right of cancellation: You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this Agreement. You do not need a reason to cancel. If you cancel this contract, Commit2Fitness LLChas 30 days to refund your money. To cancel, you must give notice of cancellation to:
Commit2Fitness LLC
6510 Wadsworth Boulevard
Arvada, CO 80003
You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile or personal delivery. If you send the notice of cancellation by registered mail, electronic mail, or facsimile, it doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period. Also, Member or Member’s estate may cancel the contract if (1) of the Buyer or Member dies, (2) the Member becomes totally physically disabled for the duration of the contract, (3) the Seller's facilities are moved to a location that is more than five miles from the original facilities, (4) Seller's services are no longer available as provided in the contract because of Seller's permanent discontinuance of operation.
ENTIRE AGREEMENT. This agreement constitutes the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
I hereby certify that I have read and agree to the terms of this agreement.