MEMBERSHIP PAYMENTS AND TERMS
Rules, Regulations and Schedules
Each member (“member” or “members”) shall complete and sign a membership agreement and agree to abide by the rules, regulations and schedules of the club, which may be posted at the club or issued orally, and which may be amended from time to time at the club’s sole discretion. Upon joining, members must pay the appropriate initial charges. At the sole discretion of the club, a membership may be revoked at any time if in the reasonable judgment of the club the member consistently fails to observe the Rules and Regulations or has otherwise behaved in a manner contrary to the best interests of the club or the clubs’ members.
Member’s Obligation
Member or buyer shall not be relieved of the obligation to make payments agreed to and no deduction from any payments shall be made because of member’s failure to use the club’s facilities. Dues are for the period stated in the Agreement.Initiation Fee.
There will be a one-time initiation fee. This fee will change from time to time at the club’s discretion. This fee is nonrefundable. Resignation from the club shall not terminate the obligation to pay the initiation fee in full. There will be no further initiation fee as long as the membership has not terminated or expired.
Monthly Dues and other Fees
Member or buyer shall pay, in advance, monthly membership dues. The club may adjust monthly dues once each year upon giving members thirty (30) days prior notice, posted in the club and/or sent by mail. The club may adjust any fees other than monthly dues at any time.
Form of Payment
Monthly dues and incidental charges are payable by Electronic Funds Transfer (“EFT”) from the member’s checking account, savings account, credit card account, or debit card account. Members must authorize payments to be made through a third party administered electronic funds transfer system. Members maintain full control and privacy over their accounts at all times, and the transfer of fund affects only those fees that have prior authorization of the member. The transfer will take place automatically once every month unless the club notifies the member otherwise. If the club does not collect member’s monthly dues using the primary form of payment provided by the member, then the club will collect member’s monthly dues, plus any applicable fees, using the secondary method of payment provided by the member. If the club fails to collect the member’s monthly dues after attempting to collect using both the primary and secondary form of payment, the club may continue attempting to collect member’s monthly dues, plus any applicable fees, using either the primary or secondary form of payment provided by the member.
Dishonored Check or Credit Card
If any check, account debit, or credit card charge payable to the club is returned, rejected or dishonored, management will, in each instance (a) assess a charge equal to any charge imposed by the financial institution, any costs and expenses incurred in connection with collection plus an administrative fee of twenty-five dollars ($25), and (b) collect the current and past due balance in any subsequent month
Limited Memberships.
Memberships may be limited so that members may have reasonable access to club facilities. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment; that members may not always be able to reserve a court for the preferred time; or that members may not always be able to attend preferred exercise classes.
Unpaid Balances.
All balances 30, 60 and 90 days in arrears are subject to monthly service charges of $10, $30, and $75, respectively. These fees may be adjusted from time to time. All unpaid balances will accrue interest at a rate of one percent (1%) per month. Any unpaid balance for membership fees, goods or services past thirty (30) days may result in suspension of club privileges. Member or Buyer is obligated to pay any costs incurred by the club for collection. The renewal fee for annual memberships must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended and a new initiation fee will be required. The club reserves the right to charge past due balances, plus applicable charges, to the membership account under the EFT authorization.
Membership Term
The term of membership is a minimum one-year period (unless the agreement states otherwise), after which the member may cancel the membership for any reason by following the procedures below. After the first term, as long as the member is in good standing, the membership will automatically continue on a month-to-month basis.
Cancellation of Membership
To cancel an EFT membership before the completion of the original term, the member must follow the procedure described in (1.102 below), plus pay an administrative fee of twenty-five dollars ($25), which may be adjusted from time to time, plus $175
To cancel a membership after the completing the original term, the member must (1)complete a cancellation request form at a Crunch club location at least 30 days prior to the cancellation date; (2)pay the next scheduled monthly dues payment (3) relinquish his or her membership card; and (4) pay in full any unpaid dues or indebtedness incurred prior to the cancellation date. At the end of the (30) days, no further dues shall accrue. Canceling members will receive temporary authorization, providing access to the club through the termination date. Additional information about canceling is available at 888-2crunch (888-227-8624) and at www.crunch.com.
Initiation Fee
There will be a one-time initiation fee. This fee will change from time to time at the club’s discretion. This fee is nonrefundable. Resignation from the club shall not terminate the obligation to pay the initiation fee in full. There will be no further initiation fee as long as the membership has not terminated or expired.
Monthly Membership Dues
Member or buyer shall pay, in advance, monthly membership dues. The club may adjust monthly dues once each year upon giving members thirty (30) days prior notice, posted in the club and/or sent by mail. The club may adjust any fees other than monthly dues at any time. Monthly dues and incidental charges are payable by Electronic Funds Transfer (“EFT”) from the member’s checking account, savings account, credit card account, or debit card account. Members must authorize payments to be made through a third party administered electronic funds transfer system. Members maintain full control and privacy over their accounts at all times, and the transfer of fund affects only those fees that have prior authorization of the member. The transfer will take place automatically once every month unless the club notifies the member otherwise. If the club does not collect member’s monthly dues using the primary form of payment provided by the member, then the club will collect member’s monthly dues, plus any applicable fees, using the secondary method of payment provided by the member. If the club fails to collect the member’s monthly dues after attempting to collect using both the primary and secondary form of payment, the club may continue attempting to collect member’s monthly dues, plus any applicable fees, using either the primary or secondary form of payment provided by the member. If any check, account debit, or credit card charge payable to the club is returned, rejected or dishonored, management will, in each instance (a) assess a charge equal to any charge imposed by the financial institution, any costs and expenses incurred in connection with collection plus an administrative fee of twenty-five dollars ($25), and (b) collect the current and past due balance in any subsequent month. Memberships may be limited so that members may have reasonable access to club facilities. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment; that members may not always be able to reserve a court for the preferred time; or that members may not always be able to attend preferred exercise classes. All balances 30, 60 and 90 days in arrears are subject to monthly service charges of $10, $30, and $75, respectively. These fees may be adjusted from time to time. All unpaid balances will accrue interest at a rate of one percent (1%) per month. Any unpaid balance for membership fees, goods or services past thirty (30) days may result in suspension of club privileges. Member or Buyer is obligated to pay any costs incurred by the club for collection. The renewal fee for annual memberships must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended and a new initiation fee will be required. The club reserves the right to charge past due balances, plus applicable charges, to the membership account under the EFT authorization.The term of membership is a minimum one-year period (unless the agreement states otherwise), after which the member may cancel the membership for any reason by following the procedures below. After the first term, as long as the member is in good standing, the membership will automatically continue on a month-to-month basis.To cancel an EFT membership before the completion of the original term, the member must follow the procedure described in teh Cancellation of Membership section above, plus pay an administrative fee of twenty-five dollars ($25), which may be adjusted from time to time, plus $175 to cancel a membership after the completing the original term, the member must (1)complete a cancellation request form at a Crunch club location at least 30 days prior to the cancellation date; (2)pay the next scheduled monthly dues payment (3) relinquish his or her membership card; and (4) pay in full any unpaid dues or indebtedness incurred prior to the cancellation date. At the end of the (30) days, no further dues shall accrue. Canceling members will receive temporary authorization, providing access to the club through the termination date. Additional information about canceling is available at 888-2crunch (888-227-8624).
Revoke or Suspend your Membership
The club reserves the right to revoke or suspend your membership, without refund, at any time in the event that the member engages in behavior that is unsafe or objectionable to other members or staff, or for reasons of nuisance, disturbance to other members, moral turpitude or fraud, or personal hygiene and attire.
Change of Membership Type
Members may change their membership classification by written request and upon payment of a fifty dollar ($50) processing charge, plus the difference, if any, in initiation fee and monthly membership dues. No refund of initiation fees will be made by the club. The administrative fee may be adjusted from time to time.
Change of Membership Location
Members may change their membership to another Crunch club location by written request and upon payment of a fifty dollar ($50) processing charge, plus the difference, if any, in monthly membership dues. The administrative fee may be adjusted from time to time.
Freeze Policy
(a) Medical. If you are medically unable to use the club Members may request a freeze of their membership for up to 6 months. Members must provide a doctor's note at the time of requesting a freeze. The club reserves the right to verify the note with the doctor. (b) For current freeze(non-medical) privileges, please consult with your local club. The club reserves the right to adjust the freeze policy from time to time.
Buyer’s Indemnity
Buyer assumes full responsibility for any person who becomes a member under this agreement and shall indemnify the club, management, its affiliates, agents and employees against any and all liability incurred by them during the member’s use of any and all of the facilities.
Member Risk
Members and guests shall hold the club harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of club use and membership activities, except resulting from the negligence of the club.
Member’s Health Warranty
Member and buyer represent that member is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her form engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of the facility and shall indemnify Crunch Fitness, the owner of the club location the member is utilizing, its affiliates, agents and employees, against any and all liability arising out of the use of the facilities. Physical examinations by your physician are recommended for all members before commencing any exercise program, and especially for members who are at risk, including but not limited to elderly or pregnant members, or members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses.
Medical Disclaimer
Each member has been informed and acknowledges that the club has made no claims as to medical results that can or may be obtained through use of the facilities. The club has neither suggested nor will suggest any medical treatment to members. Only licensed medical professionals are qualified to give medical advice. Members are instructed not to act on the advice given by any unlicensed employee unless such advice has been verified by their licensed physician professional. Each Member represents that there are no medical or physical conditions that would preclude the use of the club’s exercise facilities and each member further represents that he/she has not been instructed by any physician not to use the club.
Orientation
Members are strongly encouraged to take advantage of the free initial orientation and ongoing support available to ensure the proper and safe use of all equipment.
Activity Risk
Any strenuous athletic or physical activity involves certain risks. Members and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities and release, hold the club harmless, discharge and absolve the club, its agents and employees from any and all liability or responsibility except if such accident or injury is the result of the negligence of the club, its agents or employees.
Loss of Property
Members are urged not to bring valuables onto club premises and to keep valuables with them at all times. The club shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities, items left in coat check or jewelry of members or guests.
GENERAL PROVISIONS
Members and Guests Rules
All members and guests shall abide by the club rules and regulations and any amendments and/or modifications thereto.
Proof of Membership
Members must present their own valid membership cards to the reception desk personnel upon entering the club. Lost membership cards will be replaced for a fee of ten dollars ($10), which may be adjusted from time to time. The card must be replaced if lost. Members are required to notify the club immediately of the loss of their card, and the card must b replaced. Membership privileges are limited to the person in whose name the membership is issued. Improper use of the membership will result in confiscation of the membership card and can result in immediate cancellation of membership. Members wishing to use the club’s facilities without their membership card will be required to provide proof of identity.
Day Lockers
Lockers are provided solely for the benefit and convenience of members. The club will remove any articles left in a locker overnight. Members must provide their own lock, and not leave valuables in their locker.
Permanent Locker Rental
Permanent lockers may be rented annually for a fee. At the end of this period, if rentals are not renewed, members will be notified of the termination of the rental. The club will hold the contents of the locker for thirty (30) days after this due date and will not be responsible for the contents thereafter.
Pets and Bicycles
Pets and bicycles will not be permitted in the club.
Dress Code
Proper athletic attire is required. The club reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
Protective Eyewear
Racquet sports players are required to wear eye protection on the courts.
Independent Contractors
From time to time, the club may make the services of independent contractors available to members and their guests. The club does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to members or guests for any period of time.
Member Guests
Members guests are permitted in the club, but only pursuant to such rules, regulations, fees, schedules for such guest as then may be in effect. The club reserves the right to limit the number of times any one guest can use the club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the club, would be detrimental to the club or any of its members, All guests must register at the front desk with valid identification.
Reciprocity and Use Privileges
“ALL CRUNCH” memberships allow access to all Crunch locations at any time. “ONE CRUNCH” memberships allow access to one designated location at any time. Other memberships may be restricted – please see club management for details. From time to time additional membership plans may be offered.
Spotting
Spotting by a member or trainer is required for all use of free-weights. Free-weights may not be used without supervision.
Change in Membership Information
Members must promptly notify the club in writing of any changes in their billing information, address or telephone number. Failing such notice, all communications shall be presumed to have been received by the member within five days after mailing.
Smoking
Smoking is prohibited at all times in the club.
Change In Facilities and Operating Hours
As a result of repair, maintenance or special occasions, the club may be required to restrict the use or temporarily close one or more of the club’s facilities or activities from time to time. There will be no reduction, suspension, abatement, reduction or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Clubs hours of operation may be modified from time to time. The club reserves the right to change the facility from time to time, to eliminate some facilities and services, to add others to add, modify and/or eliminate programs, activities, classes or services. The availability of classes and equipment are subject to demand and are available on a first-come first-served basis.
Special Events
The club may from time to time reserve the use of its facilities for special events, competitions and private functions.
Closing of Club
It is anticipated that a part of a club, or the entire facility will be temporarily unavailable from time to time while repairs or renovations take place. Management will make every effort to minimize any disruption to members during these periods and, if possible, to schedule any work during off hours or summer months. The club may be closed for holidays, and may be closed for two weeks in the summer for renovations. Management may also offer members the use of other conveniently located clubs during the period of unavailability.
Interruption of Service
In case of a long term interruption of service (e.g. fire), the club reserves the right to: (1) freeze memberships and add the lost time once services resume; (2) transfer the member to another similar health club facility within a five-mile (5) radius. In the event that an act of God (hurricane, earthquake, national emergency etc.), causes more than a temporary closing of the club, members’ dues obligations will be suspended until such time as use of the facilities can be resumed. Contractual dues obligation will otherwise not be affected unless the club cannot reopen with one year.
Non-Discrimination
The club represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin or ancestry in considering applications for membership. The minimum age for club membership is sixteen (16), unless parental permission and club consent is given.
Children’s Use
All children under sixteen (16) years of age must be accompanied by a parent at all times within the club unless they are in a supervised activity. Some children’s programs require fees to be paid in advance. The club reserves the right to discontinue use by any child who is unsupervised, or whose behavior is offensive or disruptive.
Group Exercise Policies
Each class is limited to a set number of participants. Members should not enter a class late or leave a class early without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled class time. If you are just starting a group exercise program or have an injury or problem that may prevent full participation, please discuss this with the group exercise instructor before class. Proper clothing and footwear must be worn in all group exercise classes. The club reserves the right to change the group exercise schedule at any time. This includes the addition or the deletion of classes, as well as changes in instructors, class times and length of classes. The club reserves the right to change group exercise policies when necessary. The club reserves the right to require advance reservations for heavily attended classes. All reservations are released two minutes prior to the scheduled class time and members may enter on a walk-in basis. Reservations may be cancelled up to fifteen (15) minutes prior to the scheduled class time. There is a ten dollar ($10) charge for no-shows. Frequent no-shows may result in the loss of reservation privileges.
Personal Training
Use of personal trainers not approved by the club is prohibited. Members may not train other members or guests, conduct, any business activity or solicit any business at the club. Personal training packages expire based on the type of package. Members must give at least twenty-four (24) hours notice if they wish to cancel a personal training appointment or they will be charged. Any violation of this policy may result in legal action as well as forfeiture of any remuneration received by member or guest.
Changing the Rules and Regulations
The club has the right to change these Rules and Regulations at any time.
Entire Agreement.
This agreement and all rules and regulations of the company, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to this membership purchase. This agreement may be modified only by an instrument in writing; however, the club or any assignee of this Contract is authorized to correct patent errors in this agreement (and in other related documents) and buyer may verbally authorize payment of the outstanding balance of the membership fee by the automatic payment plan. The club can void this contract if it is not completed by a club employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by the member. No change to any printed term in this contract shall be valid, and club employees are not authorized to make any modifications to this agreement.