This contract is a binding agreement with fitBERNALfit Inc. (fBf) (DBA fitLOCALfit (fLf), fitGLENfit (fGf), fitSUNSETfit (fSf) & Sunporch Yoga). Without written notification of policy changes, the terms of this agreement are the guiding policies for membership administration between both parties.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE BUYER/MEMBER COULD ASSERT AGAINST THE CLUB AS A RESULT OF THES CONTRACT. RECOVERY BY THE BUYER/MEMBER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER/MEMBER TO THE CLUB PURSUANT TO THIS CONTRACT. YOU THE BUYER MAY CANCEL THIS AGREEMENT BY MIDNIGHT OF CLUB'S THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, AND SUCH CANCELLATION MUST BE IN WRITING TO THE CLUB. SUCH NOTICES SHALL BE SENT TO FIT BERNAL FIT AT 701 CORTLAND AVE., SAN FRANCISCO CA 94110. IN THE EVENT THE CLUB CLOSES AND CEASES DOING BUSINESS, YOU ARE NO LONGER OBLIGATED TO MAKE PAYMENTS UNDER THIS AGREEMENT.
Member agrees to follow club rules as promulgated from time to time. Violation of these rules may be the cause for suspension or cancellation of membership. fLf holds the right to terminate any membership with or without cause, at any time. Member signature acknowledges that all terms and conditions have been read, fully understood and will be complied with.
MEMBER COMMUNICATIONS: All membership administrative requests will be honored ONLY if electronically time stamped (email or submission through the online membership change form). Notes left on the desk, verbal conversations in passing and voicemail requests will NOT be acknowledged/honored. In order for fLf and any designated 3rd party agencies to service member’s account, and where not prohibited by applicable law, member agrees that fLf and designated external agencies are authorized to (i) contact member by telephone and cellular number(s) provided, which may result in telecommunication charges to member, (ii) contact member by sending text and SMS messages where message and data rates may apply, (iii) email member to email address(es) provided, (iv) apply additional methods of contact which may include using pre-recorded/artificial voice messages and/or use of automatic dialing devices, as applicable.
PAYMENT/RENEWAL TERMS: All membership dues are invoiced monthly in arrears, unless paid in full upfront. Memberships will renew on a monthly open-ended basis after defined fulfillment date or until the contract is renewed or cancelled. fLf holds the right to increase all open-ended membership dues after a 30-day notice. Upgrades to higher rate options are pro-rated and charged on date of request. Any membership downgrades will start on the next monthly cycle date. Last month (last/next 30 days) dues are invoiced at time of joining and/or upgrading membership. Upgrades will have the difference of last month dues invoiced at time of upgrade. Previously paid last month dues are not refunded.
CANCELLATION & HOLD TERMS: Memberships with defined contract terms can cancel with documented short-term medical reasons and/or with verification of permanent move of residence more than 25 miles from any affiliated location. Open-ended memberships can submit a 30-day notice for any reason at any time. A final 30 days of access granted upon date of submitted request. If by reason of death or permanent disability where the member is unable to continue the membership, member or member’s estate shall be relieved from the obligations of this contract.
Final dues will be calculated based on submitted date of request. All days in current monthly cycle pro-rated based on using a 30-day month. Final membership charges will be processed at time of submitted request. Member agrees to pay $15 lost key fee if replaced during course of membership and/or not returned at conclusion of membership.
Memberships with defined contract terms cannot be placed on hold (unless medical reason or approved by management). Open-ended memberships can be placed on hold for up to 3 months/year @ $15/month. Holds are scheduled in monthly increments. Any hold less than 1 month is considered a month term. All prorated dues + hold fees will be invoiced at time of scheduling. If hold schedule is reduced, remaining days of monthly cycle will be prorated upon activation. Documented medical holds are not subject to hold terms.
MEMBER COVID RESPONSIBILITY: Member agrees that if their temperature is above 100°F or they they will not be granted access. Member agrees that if they are showing or feeling symptoms of illness or awaiting COVID-19 test results they will voluntarily not enter the facility. Member agrees that to best of their knowledge, they have not been in contact with anyone known to be infected or having shown symptoms of illness in the last 14 days. Member agrees to report illness if they have attended any facility within 14 days of being positively diagnosed for COVID-19.
CLASS RESERVATION TERMS: Standard members will receive discounted rates off of in person and live stream classes. There is a 24hr cancellation policy for all class reservations. Any cancelled reservation within 24hrs or resulting in a no show will not be refunded or credited. fLf holds the right to change schedule and/or cancel classes/workshops on short notice. Credits for classes/workshops cancelled by fLf will be issued, no refunds.
PAYMENT BY EFT: Member agrees to allow for automated monthly EFT (electronic Fund Transfer).
DEFAULT, LATE PAYMENT & COLLECTIONS: Defaults on any payment obligation as called for in this agreement will result in the entire remaining contract balance to be deemed due and payable upon demand. Member agrees to pay allowable interest and all cost of collection, including, but not limited to, collection agency fees, court costs and attorneys' fees. Should any monthly payment become more than 10 days past due, a 5% late fee will be applied to the amount to be collected. A $20 insufficient fund fee will be charged for all returned payments. fLf holds the right to send account to formal collections agency after 3 months of past due balance and if deemed necessary, inform appropriate credit agencies. Member agrees to immediately address all applicable charges per membership terms when informed of past due balance. If member pays past due balance after being submitted to 3rd party collections agency member agrees to pay 3rd party collection agency fees. Member agrees to pay any and all disputed credit card chargeback fees. Member acknowledges and understands that all credit card chargebacks will result in those fees being submitted to 3rd party collections agency as outlined above. fLf encourages members to resolve billing disputes directly with fLf Management.
SAFE & FRIENDLY ENVIRONMENT: Member agrees to comply with all COVID protocols and share equipment and/or space with other members when appropriate. Member agrees to wear appropriate workout attire (i.e. closed toe shoes, appropriate clothing, etc.). Member agrees to limit cell phone use to data only/PLEASE no phone calls in gym. Member understands staff has right to ask for member to leave premises if behavior and/or attire is deemed to be inappropriate and/or unsafe to individual and/or other members. Member agrees to show respect towards all other members and employees.
[With respect to COVID-19 (or any other transmittable infection/disease) member expressly acknowledges and agree that they are responsible for providing their own personal protective equipment, following CDC guidelines on safe social distancing, following all onsite operations directed by fLf Staff and Management and providing proper and immediate notice if positively diagnosed within 14 days from date of last fLf visit. Member participation in this activity is purely voluntary, and member elects to participate in spite of the risks.]
fLf holds the right to change equipment as deemed necessary and will, in all attempts do its best to ensure all equipment is functional at all times. Member acknowledges that equipment does take time to fix, repair and/or replace. Member understands fLf will do what it can in good faith to immediately resolve any and/all equipment issues. Member does not assume monthly dues will be waived or prorated due to equipment being offline. Member understands that fLf holds the right to close gym(s) at its discretion for 1 week each year for regular maintenance as needed and will be given a 30-day notice if/when possible. Member understands monthly dues will continue to be charged as normal if gym closes for general maintenance. In the event of a natural disaster or unforeseen reason to close the gyms due to circumstances beyond the control of management (i.e. earthquake, fire, civil unrest, shelter-in-place, government closure etc.), member agrees to:
• Pay remainder of current monthly cycle in full
• Pay any/all additional months during closure at $10/month (unless member specifically requests to continue with invoicing as normal to support fLf long term).
• Having their monthly membership cycle date and monthly invoice date adjusted to reflect the new reopen date.
• Extension of annual fulfillment date if in contract during closure equal to the same number of days closure takes place.
Member understands mobile media devices can be distracting and cause loss of coordination when using motorized equipment. Member agrees to be over the age of 16 and to pay a $150 fine for passing off key fob and/or bring non-member(s) into facility during non-staff hours, including but not limited to children and non-affiliated personal trainers. Member hereby holds fLf, its officers, owners, agents, and employees harmless from all claims brought against them by member or on member's behalf for any such injuries or claims.