Member registration

IF I WISH TO CANCEL THIS AGREEMENT, I MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE CLUB. THE NOTICE MUST SAY THAT I DO NOT WISH TO BE BOUND BY THE AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT ON THE THIRD BUSINESS DAY AFTER I SIGN THIS AGREEMENT. THE NOTICE MUST BE DELIVERED OR MAILED TO: 305 5th Ave S Suite 130 St Cloud, MN 56301. IF I CANCEL, THE CLUB WILL RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH I GAVE NOTICE OF CANCELLATION, ANY PAYMENTS I HAVE MADE. ALL REFUNDS WILL BE BY CREDIT OR CHECK; THERE ARE NO CASH REFUNDS.

ASSUMPTION OF RISK INJURY AND WAIVER OF CLAIMS I acknowledge that Burn and Build Fitness locations are at times unsupervised fitness centers and there is a possible danger connected with any physical activity, including the dangers of physical injury and death. I assume all risk of injury, and waive all rights to pursue money damages or any other relief of any kind, arising out of (1) my entry into or upon any Burn and Build Fitness location: or (2) my use of any equipment, machinery, or facilities in any Burn and Build Fitness location or Burn and Build Fitness sponsored event. On behalf of myself and my successors and assigns, I agree to indemnify and hold harmless Burn and Build Fitness, all owners, employees, agents, successors and assigns from and against any loss or damage that may be sustained by me or any other person entering the Burn and Build Fitness Club as my guest. MINOR MEMBERS (if applicable) PARENT/GUARDIAN. In exchange for club allowing my minor child to use the club, I agree to Assumption of Risk of Injury and Waiver of Claims clause in this Agreement on their behalf. I also agree to defend and indemnify Burn and Build Fitness, its owners, employees, agents, successors and assigns to the fullest extent permitted by law for any claims brought by my minor child against them. I also promise to pay any financial obligation incurred by my minor child for any reason and acknowledge that the banking information on this agreement is my account. I understand that any child of mine under the age of 16 must be accompanied by an adult at all times while at Burn and Build Fitness.

I understand I will be charged an annual Club Maintenance Fee up to $29. The fee will be charged 3 months from joining date on on scheduled EFT Date.

MEMBERSHIP TERMS AND CONDITIONS DEFINITIONS.

In this Agreement, “Club Owner” means B & B Fit LLC, “Club” means Burn and Build Fitness St Cloud and “I” means the person whose signature appears on this agreement.

MEMBER`S RIGHT TO CANCEL. IF I WISH TO CANCEL THIS AGREEMENT, I MAY CANCEL BY DELIVERING OR MAILING A WRITTEN NOTICE TO THE CLUB. THE NOTICE MUST SAY THAT I DO NOT WISH TO BE BOUND BY THE AGREEMENT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT ON THE THIRD BUSINESS DAY AFTER I SIGN THIS AGREEMENT. THE NOTICE MUST BE DELIVERED OR MAILED TO: 305 5th Ave S Suite 130 St Cloud, MN 56301. IF I CANCEL, THE CLUB WILL RETURN, WITHIN 10 DAYS OF THE DATE ON WHICH I GAVE NOTICE OF CANCELLATION, ANY PAYMENTS I HAVE MADE. ALL REFUNDS WILL BE BY CREDIT OR CHECK; THERE ARE NO CASH REFUNDS.

MEMBER OBLIGATIONS. This Agreement is a legally binding obligation for which I am financially responsible. If I have a prepaid membership, I will automatically become a month-to-month member after the term ends, and will be billed the then-current monthly membership rate unless I provide notice of cancellation. If I have a term membership, my membership will automatically renew after the term ends and I will continue to be billed according to my regular billing schedule unless I provide notice of cancellation. A term membership has an early cancellation fee of $75.00. I agree not to conduct any kind of commercial or business activity in the Club and will not act as a personal trainer for anyone within the Club. I understand I am responsible for updating my address and contact information.

CANCELLATION. After my right to cancel period noted earlier (if any), I may cancel my membership by delivering or mailing written notice to the Club. I understand I may be billed for up to 30 days after I cancel my membership and will have access to the Club during that time. If I die or become totally or permanently disabled, upon reasonable written notice to the Club with proof of the death or disability, either I or my estate may cancel this Agreement and receive a prorated refund of the unused portion of membership fees incurred.

CLUB MAINTENANCE FEE. I understand I will be charged an annual Club Maintenance Fee up to $29. The fee will be charged 3 months from joining date on on scheduled EFT Date.

MEMBERSHIP FREEZE. I have the right to freeze my membership for up to three months per year, during which time I will not be charged standard membership dues. I must provide written notice at least five days in advance of my next billing cycle. For prepaid or term agreements, the membership will be extended for a period equal to the freeze period. A membership cannot be cancelled during a freeze period.

FACILITIES AND SERVICES. The Club reserves the right at any time to delete, discontinue, repair or replace the facility equipment without any effect on this Agreement. The Club may be closed for up to two weeks each year for maintenance purposes.

LIMITATION OF LIABILITY. I agree that, unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. I agree that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these.

MISCELLANEOUS. This is the whole Agreement between the parties with respect to the Membership Terms and Conditions and supersedes any prior understandings or agreements whether written or oral, express or implied. This Agreement may not be amended or modified except in a writing signed by both parties. I understand that only authorized members or guests may access the Club and I am not permitted to share my access card with anyone else.