Unless otherwise provided, Your membership term shall be valid from the date of signing this Agreement for a period of at least 12 weeks after which Your membership will continue until you cancel it. Your membership is transferable and may be upgraded subject to payment of costs incidental to the upgrade i.e an upgrade fee and additional monthly feesMONTHLY BILLING OF DUES
You shall pay an initial payment of
$____________________<FIRSTPAYMENTTOTAL> at the point of sale in addition to a 4-week recurring fee of $_________________<RECURRINGPAYMENT>. There will be a scheduled billing amount at the start of each 4-week calendar cycle via your authorized credit or debit card in exchange for the Studio services. Payment in 4-week increments by any means other than Your credit or debit card is not permitted unless prior authorization is given by the Studio . You certify that You are the holder or authorized user of the credit/debit card provided for payment. If the credit/debit card fails to authorize for any reason, it is Your responsibility to update Your payment information within five
(5) calendar days of the original rejection date. After five (5) days of an outstanding balance, access to the Studio or its services will be deactivated and a $15 late fee will apply. The Studio reserves the right to adjust or terminate membership after multiple declined payments.
The Studio may adjust 4-week cycle dues once each calendar year during the term , by giving You thirty (30) days prior notice, posted in the Studios or sent by mail. These dues are owed whether or not you use the Studio services or not.
IMPORTANT NOTICE FOR HEALTH STUDIO MEMBERS
New Jersey State law requires certain health Studios to have a bond or other forms of financial security to protect members in the event that the Studio closes. This Studio has filed or deposited a bond, irrevocable letter of credit or securities, money, or other security with the Director of the Division of Consumer Affairs to protect you if you are damaged or suffer any loss by reason of breach of contract or bankruptcy of this Studio
YOU MAY ASK A STUDIO REPRESENTATIVE FOR PROOF OF COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE:
DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, OFFICE OF CONSUMER PROTECTION, REGULATED BUSINESS SECTION P.O. BOX 45028, NEWARK, NEW JERSEY 07101 (973) 504-6370
CONTRACT CANCELLATION AND REFUNDS
You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. ‘Operating day’ means any calendar day on which patrons may inspect and use the health Studio’s facilities and services during a period of at least eight hours, except holidays and Sundays.”
If you choose to cancel this contract, you must come in and participate in an exit interview with the Studio’s General Manager or their designee to review the obligations herein and discuss Your satisfaction with the Studio’s performance. (this exist interview shall also be conducted upon Contract termination).
EFT & Monthly Membership Plans may be canceled, at any time and for any reason, by paying up any outstanding balances in full & completing the Studio’s Membership Cancellation Form, available at the studio, or by 30 days written notice, via certified mail, return receipt requested to EF Studios, LLC d/b/a Evolve Fitness Studio, 116 Essex St. Millburn NJ 07041, by the 1st of the month prior to the cancellation date. The contract forms, membership cards, and any other papers of proof of membership in your possession must be included in the notice. If Cancellation is not submitted by the 1st of the month, a member may be billed for the month, and if so may continue to use the Evolve Fitness Studio during this time.
Initiation Fees are non-refundable.
ADDITIONAL RIGHTS TO CANCELLATION”. Cancellation may be due to:
A doctor’s written order, stating that you cannot physically participate in services offered by the Studio due to significant physical disability for a period of six (6) months. Please note that a doctor’s letter is required;
Death: your estate shall be relieved of any further obligations for payment under this contract not then due and owing;
Services ceasing to be offered as stated in this contract;
Employment termination: If your employment is involuntarily terminated without cause within the first twelve months of your membership. Please note that proof and reasons of the termination is required. However, You will be required to pay a $100 early termination fee.
All monies paid herein, except the initiation fee, and the Contract is cancelled for the above reasons, shall be refunded but the Studio may retain or demand monies owed to them through incurred expenses, rendered services, goods and consumed or services and goods retained by You but such monies shall not be more than the whole contract amount.
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds of money or return of any negotiable instrument must be made within 30 days of receipt of the cancellation notice to the health Studio.
Prepaid/PIF (paid in full) membership plans require a full-term commitment and are non-refundable. Unless for the four (4) reasons listed in “ADDITIONAL RIGHTS TO CANCELLATION”.
Any free/promotional month (s) awarded to You shall not be calculated when receiving refunds.
Provided that your account is in good standing at the time of the request, you may put your membership on hold (a/k/a a “freeze”) for any reason prior to the start of your next billing period. A membership hold can be for no less than 28 consecutive days.
During this freeze period, you will not be billed your regular monthly dues. A $25 administration fee will be charged each 28-day period until you take your membership
off hold or your freeze period expires. The full administration fee will be still charged even if you take your membership off hold before the 28-day period is over. You may freeze your membership due to injury (for which a doctor’s note is required) for however long you are injured without a charge.
You may only freeze your membership prospectively, not retroactively and to do so you must give notice no later than 4 business days prior to the start of the freeze. Notice is given by filling out the form on our website or by registered mail to Evolve Fitness Studio, 116 Essex St., Millburn NJ 07041.
During your freeze, You may not use our facilities or any of our programs or services. You may reactivate your membership at any point during your freeze at which time any outstanding membership dues will be charged.
Following the expiration of your freeze period, you will automatically be billed your regular 4-week cycle dues. Your commitment period will be extended by the amount of time your membership is on hold.
FURTHER NOTE THAT YOUR MEMBERSHIP WILL BE ON HOLD UNTIL YOU OBTAIN MEDICAL CLEARANCE IF YOU NOW HAVE OR HAVE YOU EVER BEEN DIAGNOSED TO HAVE: HEART DISEASE, HEART ATTACK, CARDIAC SURGERY, STROKE, PACEMAKER, ANEURYSM, OR ANGINA PECTORIS?
The minimum age for Studio membership is 18yrs unless written parental permission and a studio’s consent are given.
USE OF PHOTOGRAPHIC LIKENESS
By signing this Contract[MK1] , the You grant the Studio the right to use Your photographic likeness for promotional purposes, including, without limitation, for online usage and marketing materials.
You warrant and guarantee that You do not have any health impediments to enjoy the Studio’s services such as disability, impairment, injury, disease, or ailment or that may aggravate any risk associated with the Studio’s services.
LIABILITY AND INDEMNITY
Our liability to You and indemnity are expressed under the GENERAL WAIVER AND RELEASE FOR USE OF FACILITY (Release).
At all times when accessing the Studio, You should identify yourself as a member through the membership card or as a guest. You are allowed to have guest at the Studio who will also be subject to the Studio’s rules and regulation. In addition, the Guest’s presence there is at the Studio’s discretion.
Where we provide the services of independent contractors, please note that you accept such services at your own risk, we shall not be liable thereof neither do we warrant or guarantee the effectiveness of such independent contractors.
You must be in proper athletic attire and footwear while in the Studio.
Employees are not permitted to enter into independent contracts with You.
You are in charge of taking care of your property including but not limited to providing a lock for your locker. Any items left in a locker overnight will be removed. Lockers cannot be put on freeze and their fees are not refundable.
You are obligated to use the Studio per applicable laws and this Contract should be read together with the Studio rules and regulations.
Personal training and spa sessions are non-refundable. They have a ______days expiration date. You are not allowed to use Your personal trainer at the Studio neither are you allowed to train other members.
You understand and acknowledges the risk of possibly contracting COVID-19 while at the Studio and therefore agree to hold the Studio harmless in such event. Further, You acknowledge the health impacts of COVID-19 and undertakes to follow all relevant protocols, rules, regulations, guidelines and laws to protect yourself and keep other’s safe.
This contract shall be binding upon you and your respective heirs, administrators, personal representatives, executors, successors, and assigns. The provisions of this contract are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This contract constitutes the entire agreement between You and the Studio and supersedes any and all prior oral or written agreements or understandings concerning the subject matter of this contract. This contract may not be altered, amended, or modified, except by a written document signed by both You and the Studio. The terms of this contract shall be governed by and construed in accordance with the laws of Millburn, NJ.
Please note that You are entitled to a copy of this contract after signing it. By signing this Contract, You agree to its terms and conditions and to be legally bound by it including my successors and assigns. You also agree to comply with the Studio’s rules and regulations as amended from time to time. The Studio reserves the right to terminate this contract at any time due to but not limited to late or delayed payments, and non-compliance herein. If you have not attained 18 years, please have an authorized person sign on your behalf.
[MK1]The word “Contract” has been used throughout; it is better to retain it for clarity.
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