EFT (electronic fund transfer) contracts are open-ended at the end of the fulfillment date written on the contract. If notice is not given, funds will continue to be transferred. Until the fulfillment date and until you cancel your membership, you are responsible for all payments, regardless of gym usage. A $20.00 decline fee will be added to each month that we are unable to receive funds via EFT.
Cancellation Policy:
Members are required to provide a 30-day cancellation notice. While the system aims to process cancellations promptly, there may be instances where processing takes slightly longer or shorter than anticipated.
Assumption of Risk
The use of the facilities, equipment, and services of Onyx Fitness, LLC naturally involves inherent risks, including the risk of serious injury or death. These risks may result from, but are not limited to, physical exertion, use or misuse of equipment, slips, trips, falls, or the actions or negligence of the undersigned or others.
By signing this Agreement, the undersigned acknowledges that they fully understand these risks and voluntarily choose to participate in activities at Onyx Fitness
Release of Liability
The undersigned (“Guest”) agrees to release, waive, discharge, and hold harmless Onyx Fitness, LLC, including its owners, officers, directors, members, employees, agents, volunteers, successors, affiliated entities, and any other Guests, visitors, or persons present in the facility, from any and all liability for injury, death, property damage, or other loss arising out of or related to the Guest’s use of the facilities or equipment.
This release applies even if such injury, damage, or death results from the negligence, whether individual or collective, of Onyx Fitness or any other released party.
This release further includes designers, manufacturers, or installers of any equipment or facilities, and any current, former, banned, or expired members and their guests.
Indemnification
If any claim, demand, or legal action is brought by or on behalf of the Guest or any third party related to the Guest’s use of the facility, the undersigned agrees to:
1. Defend Onyx Fitness against such claims; and
2. Indemnify and hold harmless Onyx Fitness from all costs, damages, and expenses, including attorney’s fees.
Specific Risks Include, But Are Not Limited To:
• Injury or death caused by the negligence of Onyx Fitness staff, volunteers, or other Guests;
• Injury or death resulting from improper use or failure of equipment;
• Slips, trips, falls, or other accidents occurring in or around the facility;
• Injuries occurring during activities conducted outside of Onyx Fitness premises;
• Injuries resulting from medical assistance or lack thereof provided by staff or volunteers.
The Guest is solely responsible for their own actions while using the facility
Cancellation Policy
Members are required to provide 30 days’ notice for membership cancellation. While cancellations are processed as promptly as possible, processing times may vary slightly.
Guest Responsibility Policy
Members are fully responsible for the actions and conduct of any authorized or unauthorized guests they bring into the facility.
• Bringing a guest without prior approval will result in the member being charged the equivalent of one full monthly membership fee.
• Onyx Fitness reserves the right to terminate a membership without notice and without reimbursement for violations of this policy or any facility rules.
Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. Any legal action arising from this Agreement shall be brought exclusively in the courts of Johnson County, Kansas.
Acknowledgment & Agreement
By signing below, the undersigned acknowledges that:
• They have read and fully understand this Agreement;
• No oral statements or representations have altered this written Agreement;
• They voluntarily agree to be bound by its terms;
• They have authority to sign on behalf of themselves and any individuals whose legal rights are affected.
If any portion of this Agreement is found invalid, the remaining portions shall continue in full force and effect.
Fuel Fitness Enhancement Fee is a $25 annual fee that is scheduled 60 days from your membership start date. This fee will be deducted every year on the same date for the duration of your membership.
Use of Onyx Health and Fitness Center is for current members only. Allowing non-authorized persons to use your key or to train with you will be prosecuted as theft of services.
No drugs or alcohol are allowed on the premises. Members may not train or be on the premises while under the influence of drugs or alcohol. Members agree not to use anabolic steroids.
CANCELLATION:
To cancel your membership you must give a minimum of 10 DAYS NOTICE. No refund will be granted for dues incurred before Onyx Fitness was notified. If by reason of death or permanent disability, the buyer is unable to continue the membership, buyer or buyers estate shall be relieved from the obligation of this contract, and if buyer has prepaid any sum, that amount shall be promptly refunded. No refund will be granted for dues incurred before Onyx Fitness was notified of the disability.
Should you default on any payment obligation as called for in this agreement, the entire remaining balance shall be deemed due and payable upon demand, and you agree to pay allowable interest, and all costs of collection, including, but not limited to, collection agency fees, court costs, and attorney`s fees.