Terms & Conditions
Please read the following terms and conditions carefully as well as the cancellation policy. Then come in and enjoy our amazing classes taught by world class coaches.
Terms and Conditions:
This agreement consists of the payment terms and the following and conditions.
You guarantee payment for any programs or outstanding balance by the method of payment authorized on this agreement. You hereby request and authorize Hybrid Fit Gym, or its agents, or assignee, to deduct/charge your total outstanding balance, including current membership dues, enrollment fees, late fees, returned check fees, and retail sales purchases as applicable, from/to my bank/credit card account each month.
You understand and agree that payment is made in full. All dues and fees, including Agreements paid in full and class packages, are non-refundable and membership is non-transferable. All late payments will be assessed a $15.00 late fee, to be applied to each individual late payment. If any check offered by member to Hybrid Fit Gym in payment of membership dues is returned for lack of sufficient funds, a “stop payment” or any other reason, the member will be charged a returned check fee of $50.00. Hybrid Fit Gym reserves the right to deny admittance to any member with an unpaid balance on their membership. You hereby agree that if Hybrid Fit Gym is unable to process my payment from the designated account provided by me, Hybrid Fit Gym is permitted to use any of the other accounts provided as many times and as often as needed to replace the unpaid payments and services charged as set forth in this agreement.
You understand that, other than in the event of a Hybrid Fit Gym Owner permitted cancellation in accordance with the terms of this agreement, you will not be relieved of the obligation to make any payment in accordance with this agreement and no adjustment of payments shall be made due to my absence or withdrawal from Hybrid Fit Gym’s programs or due to my failure to attend such programs. Payments are applied to the first to any past due obligations, then to fees or charges assessed, if any, and then in the order in which they are scheduled to be made.
The Business shall not be liable for any loss or theft of my personal property. I also specifically agree that the Business shall not be responsible for all such personal or property injuries, damages, loss or theft, even in the event of negligence, fault or failure to use due care on the part of the Business, and whether such negligence, fault or failure to use due care is present at the signing of this Agreement or takes place in the future.
I hereby consent to the Business taking photographs or video image of me while in classes or otherwise in the public premises of the Business and hereby irrevocably grant the right to use my image or likeness in such images or photographs in any advertising, promotion, marketing materials including any and all social media, print media, or on the website.
I understand that hybrid Fit Gym reserves the right to revoke this agreement for cause if I fail to keep and obey any of the rules and regulations, or for reasons of moral turpitude or fraud, nuisance or disturbance to other members.
I understand that Hybrid Fit Gym may modify its class schedule (including cancellation of classes), programs, class content, instructions, equipment, hours of operation, rules, regulations, policies, and procedures at its sole discretion at any time without notice, and may also alter privileges and right granted to me herein and use the facility and the equipment. I understand that classes and equipment are available subject to demand and may be crowded at peak hours, or may be discontinued or rescheduled if demand fluctuates. I understand that Hybrid Fit Gym may close any part of its facilities for repairs or maintenance at any time and for as long a period as deemed necessary by Hybrid Fit Gym. Advance notice of such closures will be given whenever possible.
I understand that Hybrid Fit Gym reserves the right to relocate their facilities within (10) miles of the present location. If relocation occurs, Hybrid Fit Gym will notify all members no less than thirty (30) days prior to moving. Business reallocation within ten (10) miles is not a cancellation of this agreement and will not excuse me from my obligations under this agreement. If Hybrid Fit Gym relocates its facilities in excess of ten (10) miles from the existing facility, I will have the option to cancel this agreement without penalty.
I agree that any action brought against Hybrid Fit Gym, any owners, staff, representative or assignee, arising under this agreement for any tort shall be brought no later than one (1) year after the contract breach or tort.
This agreement is servable, and the finding that any sentence or provision is invalid does not invalidate any other part of this agreement, nor does it remove or affect any other rights or obligations set forth by this agreement.
I understand that Hybrid Fit Gym can delay or refrain for enforcing any of its rights under this agreement without affecting any other rights of obligations under this agreement. Hybrid Fit Gym has full authority to waive, enforce, or extend deadlines, or alter the provisions of this agreement, to extend or alter deadlines at will without subrogating any other part of this agreement.
I understand and agree that the terms of this agreement are contractual and not a mere recital, and I am signing this Membership Agreement of my own free will. These terms and conditions constitute the entire and exclusive agreement between myself and Hybrid Fit Gym. Any promises, representations, understandings and or agreements pertaining directly or indirectly to this agreement with are not contained herein are hereby waived. This agreement may only be modified in writing with the written acknowledgment and acceptance of both parties. Verbal agreements are not binding, nor will verbal modifications of this agreement be valid.
You understand that, in order to cancel this agreement, you must provide Hybrid Fit Gym with a minimum of thirty (30) days, or at least one (1) month of membership fees if the Thirty-day notice is given on a day other than my monthly billing date. You understand that Hybrid Fit Gym will not accept such notice of cancellation during the Non-Cancellation Period as set forth in the following paragraph of the “Cancellation Policy” section below.
Limitations on Cancellation/Non-Cancellation Period: One-year agreements may not be cancelled for any reason during the initial three-month period following the agreement’s effective start date. This means that Hybrid Fit Gym will not accept notices of cancellation during the applicable time periods as stated herein.
You may also cancel this agreement if you relocate your residence further than twenty-five (25) miles from Hybrid Fit Gym. In order to cancel for this reason, you must send proof of your new address to: Hybrid Fit Gym 85 Main Street Suite 5 Sidney NY 13838.
Cancellation Policy Addendum: If this agreement is cancelled under the provisions stated above, you understand and agree that you are required to pay for any and all Lessons, Uniforms, and or Equipment which was provided to you as an incentive for enrolling on this agreement at full Retail Value. You further understand that the agreement can and will only be cancelled after payment has been made for these incentives. By my signature on the Student Agreement I acknowledge that I have reviewed and agree to the terms of this agreement.
CANCELLING OF YOUR ELECTRONIC TRANSFER OF FUNDS DOES NOT RELEASE YOU FROM YOUR CONTRACTUAL OBLIGATIONS.
All notices of cancellation must be provided in writing or to Hybrid Fit Gym, to be emailed to email@example.com. Such notice is effective on the day of receipt by Hybrid Fit Gym.
Membership Temporary Suspension Policy:
If upon a licensed physician’s order, you cannot physically receive the service due to significant disability, Hybrid Fit Gym in its sole discretion, may permit you to temporarily suspend this agreement for a period of up to six (6) months, upon satisfactory written notice evidence of such licensed physician’s order. Hybrid Fit Gym may also, in its sole discretion, permit members of the U.S. Military to temporarily suspend this agreement for a period as determined by Hybrid Fit Gym due to deployment, extended work-related travel or other mission essential requirements. Vacations and short-term illnesses are not a proper basis for suspension of this agreement.
All requests for suspension of membership must be made in writing to Hybrid Fit Gym, to be emailed to firstname.lastname@example.org. Suspended time is not credited to the initial term of the original membership agreement. All membership privileges are suspended during the period of the suspension.