12 MONTH MEMBERSHIP AGREEMENT TERMS
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between PWR Performance Wellness Recovery (“PWR”), and [buyer], the member. Please review this Agreement thoroughly as it is a legal contract between PWR and all members. By using the services offered at PWR, members are agreeing to the terms of this Agreement.
PAYMENT FREQUENCY DETAILS: Membership dues are paid in advance on a 4-week (equal to 28 days) payment cycle, for the upcoming 4 week period. All payments will be made via automatic debited payment to the credit or debit card linked to the Member’s account. The initial payment shall be made on the calendar date which the Membership Agreement is made (i.e. Member agrees to enter into a 12 Month Membership in the 15th, the first payment shall be made on the 15th). Payments will be billed every 4 weeks over the course of a 12 month period, equaling 13 payments during that period. All payments are inclusive of 8% sales tax and 3% credit card processing fee.
PAYMENT METHOD: Members who enter into a membership agreement that includes an autopay are required to keep an active credit or debit card on file. ACH or banking account information cannot be accepted. By placing a card on file, the cardholder and account holder gives permission to the PWR staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the PWR Cancellation Policies outlined below.
DECLINED PAYMENT: In the event of a declined credit card/debit card, the Member’s account will be immediately suspended, pending the Member updating their payment information and their overdue Membership dues paid in full. Accounts that remain unpaid for 10 days will be subject to an additional $10 late payment fee.
AUTO-DEBIT: By enrolling in an auto-debit Membership, Member authorizes PWR to, on a recurring basis, automatically charge the debit or credit card account specified, for the payments associated with the Membership Agreement, on the billing due dates. Member understands and acknowledges that: (1) PWR will initiate transfers/charges pursuant to this authorization not to exceed the amount show on the Membership Agreement and/or in connect with cancellation fees per the cancellation policy. PWR may discontinue processing of recurring charges if it is unable to secure funds from the debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) If Member is booked in a class past the subsequent billing date, and the debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date; (3) If Member is removed from class due to the circumstances as described, it may not be possible to place Member back into the class for which they were originally booked and they will not be given any priority in waitlisted classes; (4) It is the Member’s responsibility to keep a current card on file with accurate billing information. PWR cannot be held responsible for errors in processing due to expired or inaccurate payment information.
AUTOMATIC RENEWAL OF MEMBERSHIP & RATE ADJUSTMENT: The Membership Agreement will automatically renew at the end of the 12 month period for another 12 months UNLESS Member elects to terminate. Request to terminate auto-renewal is required to be emailed to firstname.lastname@example.org no later than 30 days prior to the end of the Membership Agreement (Agreement start date is listed at the top of this document). At the time of renewal, Membership rate will be subject to a 3% rate increase based on the previous rate (example: $179 rate will increase to $184 for the renewed 12 month period).
CLASS RESERVATIONS AND WAITLISTS
RESERVING CLASSES: You are solely responsible for the booking and cancellation of their classes via the PWR mobile app or ClubReady member page (www.pwralbany.clubready.com). All class reservations must be made prior to arriving at PWR for class. PWR and its staff are not responsible for booking Members into class upon arrival. Members who do not sign up in advance may be turned away by PWR staff due to class capacity limitations.
WAITLISTS: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class when applicable. If you add yourself to a waitlist, YOU (the Member) are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate members into class from the waitlist as soon as other members with confirmed spots cancel, and class slots will be assigned as such. Members who have been added into class from the waitlist will receive an email from PWR stating a New Booking has been made. PWR staff cannot move class slots for members in classes that are completely full with waitlists.
CLASS CANCELLATION POLICY
EARLY CANCEL: Reservations may be cancelled without penalty by cancelling up to 8 hours prior to the stated class start time. This may be done online via the Member’s account on the PWR mobile app, or the ClubReady member page. Once the class is confirmed cancelled within this time, you will not be charged the cancellation fee. Cancellations via email, Facebook/Instagram or other social media message, voice or text message, are not valid and you will be charged if deemed necessary.
LATE CANCEL: If you do not cancel within the 8-hour cancellation window, a late-cancel fee of $10 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $10 will be charged to your account. The no-show and late-cancel fees apply to ALL members equally regardless of membership tenure, membership type, or special pricing.
If you are booked and/or waitlisted for multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. PWR staff cannot be held responsible for accidental bookings, double bookings, or double waitlisted classes made by members.
SPECIALTY CLASS LATE CANCEL/NO SHOW POLICY
**APPLICABLE TO PEDAL, YOGA, AND ANY OTHER CLASS DESIGNATED BY PWR AS SPECIALTY
LATE CANCELLATION/NO SHOW FEE: Due to the limited capacity of Specialty classes, if you do not cancel within the 8-hour cancellation window, a late-cancel fee of $20 will be charged to your account. If you do not cancel and do not show up to your scheduled class, a no-show fee of $20 will be charged to your account. If you are on an auto debit contract or unlimited package and do not have a working card on file for such fees, your auto-debit contract amount will be increased by the fee amount for the next month’s renewal.
The no-show and late-cancel fees apply to ALL members equally regardless of unlimited status or special package pricing or membership level or purchase.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. PWR staff cannot be held responsible for accidental bookings by members, double bookings, or double waitlisted classes made by members.
FREEZE OR CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER:
Members may put their 12 month membership on hold one (1) time per 12 month cycle. Freeze requests are to be made in one-month increments and can be requested for up to three (3) calendar months.
Notice of intent to freeze one’s account must be submitted to PWR via email at email@example.com no less than seven (7) business days prior to the freeze date.
The freeze request must state the reason for freeze and freeze start and reactivation dates. PWR reserves the right to reduce freeze time depending on reason, as well as deny freeze requests for reasons that are deemed ineligible. A $25 freeze fee will be assessed for the freeze, with exception given for medical reasons only when supporting documentation is provided. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
COVID-19: In the event of a mandated facility shutdown per NYS, member will have the option to freeze contract without incurring a fee UNTIL facility reopens. No freeze extensions will be given beyond reopening date. Automatic freezes will not be issued, member MUST email firstname.lastname@example.org and freeze starts on date of email.
PWR is not responsible for Member absence due to COVID-19 illness, nor shall any part of the active membership time or payment be reimbursed or extended as a result of absence.
MEMBERSHIP CANCELLATION POLICY: Member reserves the right to request the cancellation of the active membership at any time. Member must provide PWR written notice via email (email@example.com) of intent to cancel, no less than thirty (30) business days prior to the due date of the next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. If any discount has been applied to Member’s account, that discount will be forfeited from the time of cancellation forward, and will not be reinstated.
Membership Cancellation Fee structure is outlined below. Fee is in addition to any additional membership payments due, if applicable.
- Cancellation request in months 1-3: $350
- Cancellation request in months 4-6: $250
- Cancellation request in months 7-12: $200
FEE WAIVER: PWR reserves the right to waive any part of the cancellation fees stated above if deemed appropriate on a circumstantial and case by case basis.
Medical reasons and customer relocation out of the area (in most situations) will waive the fee. Proper supporting documentation is required to be submitted.
PAST DUES OWED AT CANCELLATION: If, at the time of receipt of your cancellation notice, you have outstanding payments owed to PWR, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and PWR reserves the right to pursue additional avenues or means to receive monies owed.
AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of PWR and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the PWR staff, you would be at physical risk participating in PWR's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish PWR with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing PWR's concerns and stating that PWR's concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless PWR, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of PWR's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using PWR's Classes and Facilities and should not be participating in any Classes.
COVID-19 ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY
The novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization as of March 11, 2020. PWR has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the facility cannot guarantee that you or any member/employee of PWR will not become infected with COVID-19.
You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending PWR classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
You voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at PWR (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless PWR, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of PWR, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PWR program.
You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you or your guest. You agree to be solely responsible for the safety and well-being of yourself. You agree to comply with all rules imposed by PWR regarding the use of the facilities and equipment.
You agree to always conduct yourself in a controlled and reasonable manner, according to the safety and general operating protocols clearly outlined by PWR. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. You understand and agree that PWR is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CONDUCT/DAMAGES: PWR is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe PWR’ rules and regulations or who abuse equipment in any fashion will be asked to leave. PWR has the right to judge behavior and respond accordingly. This right includes but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to PWR property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. PWR reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by PWR.
Your privacy is very important to us. The policy below clarifies how we gather, use, communicate, reveal, and make use of your individual data.
- Before or at the time of collecting personal information, we identify the purposes for which information is being collected.
- We gather and utilize individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
- We will hold individual data only to the length of essential for the satisfaction of those reasons.
- We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
- Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
- We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
- We will promptly provide customers with access to our policies and procedures for the administration of individual data.