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Terms and conditions for Monthly Unlimited (12 Month Term)

INDY SOUTH CROSSFIT MEMBERSHIP AGREEMENT


Fees and Dues:

Monthly Dues for the membership you selected are $115 per month. Monthly dues for the following month along with authorized member charges will be collected automatically after the 1st of the month, unless previously paid by other means. All members must provide Electronic Funds Transfer information, In the event we are unable to collect payment electronically, the member will be notified and payment must be made by other means, no later than the 20th day of the month in order to maintain membership privileges.

* I understand that all Enrollment Fees and Membership Dues are subject to applicable state sales tax.

* I understand that the agreement is 12-months and will automatically renew on a month-to-month basis until cancelled by the member

* I understand dues must be current at all times or fitness membership may be suspended or terminated.

Acceptance and Agreement

I hereby agree to accept and abide by the terms of this Membership Application and Agreement. I understand that this membership agreement is for a term of twelve (12) months and will continue thereafter on a month-to-month basis unless cancelled by me.

I hereby authorize OutKast Barbell, LLC d/b/a Indy South Crossfit to effect payment for monthly dues and approved membership charges for the duration of my membership through electronic funds transfer. This authorization is to remain in full effect until Indy South Crossfit has received WRITTEN NOTIFICATION from me on cancellation in writing with THIRTY DAYS NOTICE.

1. Provisions. Indy South Crossfit will provide crossfit facilities and training staff to be used by members during designated ours of operation. There will be trainers and coaches present for each class to guide and give instruction. The Indy South Crossfit facilities may be unavailable during a period of repair and maintenance, renovation or special events, or programs. There will be no adjustment in dues for this period of closure.

2. Members Health Warranty. The member warrants and represents that the member or any family member or guest entitled to use the facilities has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) Indy South Crossfit will rely on the foregoing warranty in issuing the membership; 2) Indy South Crossfit shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by Indy South Crossfit, it is solely for the purpose of providing comparative data with which a Member can track progress in a program and is not for diagnostic purposes. 4) Indy South Crossfit shall not be subject to any claim, demand or injury whatsoever on account of an Indy South Crossfit evaluation or interpretation of such fitness assessment or similar testing. 5) Indy South Crossfit shall not be liable for any injury arising out of the Members disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental o adverse to such person's health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.

3. Liability and Waiver of Liability. Each member of Indy South Crossfit shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at Indy South Crossfit or any activity or function operated, arranged and/or sponsored by Indy South Crossfit. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of Indy South Crossfit facilities, or participation in Indy South Crossfit activities, operated, arranged or sponsored by Indy South Crossfit either on or off Indy South Crossfit property by the member, members family or guests shall be AT SUCH PERSONS OWN RISK, and Indy South Crossfit shall not be liable for any injuries or damages to such person or property of such person, or be subject to any claim, demand, injury or damages. The member individually, and on behalf of the members personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge Indy South Crossfit, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions or causes of action.

4. Children. If member brings their children with them to the Indy South Crossfit the member is responsible for those children and waives any and all claims for injuries or accidents that occur to the child while the child is at Indy South Crossfit facilities.

5. Suspension/Termination of Membership by Management. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees or for behavior inimical to the enjoyment of Indy South Crossfit facilities by other members and staff for any reason deemed sufficient in the sole discretion of management.

6. Members Right to Cancel or Terminate. Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract. Cancellation must be in writing. In the event of a three (3) day cancellation Indy South Crossfit will refund all enrollment fees and dues paid. Month-to-month members may voluntarily terminate membership at any time after the term of their agreement described above for any reason by: 1) notifying Indy South Crossfit in writing 30 days prior to cancelation and 2) paying all current charges prior to termination. You may also cancel if Member relocates more than 25 miles from Indy South Crossfit and provides adequate proof of residence. Indy South Crossfit fees are non-refundable except as provided above.

7. Unpaid Balances. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to:

a. Collect the current and past due balance.

b. Suspend or terminate membership privleges.

c. Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees

d. Collect a service fee of $30.00 for any check or draft payable to Indy South Crossfit which is not honored.

8. Family Members Defined. Indy South Crossfit provides special family rates. These family rates apply only to immediate family members who live within the same household and are 24 years of age or younger or still currently attending college. Documentation will be required.

9. Student Rate. Indy South Crossfit provides a student discount. To be eligible to this discount the student will be required to provide a copy of registered class list and a student ID.

10. Entire Agreement. This agreement and bylaws constitute the entire and excusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not contained herein, are hereby waived.

I Certify that I have read the foregoing Membership Agreement, and that by signing below I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof.