Arrival CrossFit Month to Month Membership Agreement
This agreement is between Arrival Fitness LLC (DBA Arrival CrossFit), hereafter referred to as Arrival CrossFit and the signed party. Hereafter referred to as “member”.
a. Term Memberships: Your first month at Arrival CrossFit is prorated, contingent upon when this Agreement is initiated relative to the first of each month. Monthly Dues are only prorated once, upon initial enrollment with Arrival CrossFit.
b. Term Membership Payments: All term memberships and guest fees are collected via auto-debit (i.e., electronic funds transfer) from either a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow Arrival CrossFit to automatically withdraw dues and fees at the first of each month as they come.
3. 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, Arrival CrossFit will return to the member within thirty days all amounts paid less $30 for usage of facility during those three days. To cancel, new members must inform Arrival CrossFit in writing of their intent to cancel. Written intent to cancel can be delivered to Arrival CrossFit in person or via emailed to email@example.com.
4. Availability of Facility
Class or by Appointment only: Arrival CrossFit does not provide an “Open Gym” facility. Members may use the facilities only during scheduled classes, scheduled open gym times, scheduled events or by appointment. Operating hours and current class schedules are listed on our website. Arrival CrossFit reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement.
b. Limited Availability: Arrival CrossFit may close its facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. Arrival CrossFit may delete, change, discontinue, repair, or replace any part or all of the facility without any effect on this Agreement. If the facility is unavailable for more than three (3) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, Arrival CrossFit will extend your membership, without Dues, for the same period the facility was unavailable. Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason, including acts of nature, then you may elect to cancel this membership effective the following 1st of the month. Arrival CrossFit will not be responsible for refunding any membership fees paid, including advance payments up to 12 months. Any memberships that are paid for more than 12 months in advance will have the portion corresponding to a term beyond 12 months refunded.
c. Limited Use: If you know or should know you have a problem that might prevent you from using Arrival CrossFit (i.e., medical or family emergency, business travel, vacation, etc...) and you sign this Agreement; you agree that your membership is limited accordingly. However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carry-over of monthly dues into subsequent months for any time unspent using the Facility in a previous month. See our Hold Policy for Term Memberships and our Cancellation Policy for other options.
d. Hold Policy for Term Memberships: Members may put their term membership on hold, in one calendar month increments, for up to three (3) calendar months per year. Notice of freeze must be given to Arrival CrossFit via email to firstname.lastname@example.org at least 3 working days 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.
e. Late Payment / Declined Credit Card Fees: A $15 late payment will be due and payable for payments received past the 5th of the month or five (5) days late. A returned check will result in a fee of $35. Membership fees must be paid on or before the first day of the month. Members who are not current will not be allowed to participate in classes after the 5th of the month or after five (5) days late on a payment.
f. Cancellation of Membership by Member: A member may cancel his/her membership at any time with at least a 15 day notice. Please remember partial months are not permitted. If a member cancels on or after the 2nd of any month, then a payment will still be due the following month on the 1st. There are no refunds for membership fees, and Arrival CrossFit will not prorate a cancelled membership.
g. Lost Articles: Arrival CrossFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
h. Smoking, Alcohol, Food and Drink: No smoking is allowed in any part of the facility. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises.
i. Supervision of Children: Members must be 17 years of age or older unless supervised by a parent or legal guardian at all times. Guests/Visitors under the age of 17 must be supervised by a parent or legal guardian at all times. Arrival CrossFit will be the sole determiner if a child under the age of 17 may participate in regular classes, and a parent/ guardian must be present at all times. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, ability to follow instructions, and/or a determination that regular classes will allow for greater progress than kids classes.
j. Conduct: Arrival 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. Arrival CrossFit has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior
k. Damages: Members shall pay for any damages to Arrival CrossFit property which results from the willful or negligent conduct of member, member’s guest or dependent children.
l. Rules and/or Regulations: Members who do not observe the rules and regulations set forth by Arrival CrossFit or who abuse equipment in any fashion will be asked to leave. Management reserves the right to terminate the membership of anyone who refuses to observe any of Arrival CrossFit's rules or regulations. Not all rules and regulations are listed in this agreement. Arrival CrossFit reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all the services and facilities offered by Arrival CrossFit.
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
b. Member has read, and fully agrees to the terms 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. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.