ACCESS TO PRIVATE WORKOUT LIST
Your membership is a subscription to our private workout list. Your account will deliver an exclusive workout daily under your membership subscription. The service of this subscription is rendered to you on a daily basis regardless of attendance frequency. The client agrees not to share the daily workouts with any individual outside of Titan 112 CrossFit.
PAYMENT & BILLING: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly Payment by Credit Card or EFT per the guidelines of the Agreement. The date the Agreement is signed or another designated date shall be the initial billing date for the client. The initial payment will be a prorated monthly amount in accordance with the month’s remaining days and regard the remaining days of that month as the first full month under terms of the Agreement. Each subsequent month, on the first of the month or other assigned day, the monthly payment is charged to the Client’s credit/debit card, or deducted from the Client’s account. Failed payments and corrections are entirely the responsibility of the Client and no exception will be made for associated fees with failed or late payments.
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS
You may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive, but may involve financial risks to you. Read this notice carefully before making a decision. New York State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes. This club is exempt from this requirement since it gives members the option of paying on an installment basis, therefore it need not post a bond or other form of financial security.
In deciding whether to make your payments on an installment basis, you should be aware that if the club closes, although the club will remain legally liable for a refund, you may risk losing your money if the club is unable to meet its financial obligations to members.
CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE
ADDITIONAL RIGHTS TO CANCELLATION:
You may also cancel this contract for any of the following reasons: If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. If you move your residence more than 25 miles from any health club operated by seller. If the services cease to be offered as stated in the contract.
AUTO RENEW & CANCELLATION: At expiration of the membership commitment period all agreement terms and provisions will automatically renew beginning the next day in accordance to the renewal commitment period and cost outlined in the membership. The renewal process will continue indefinitely until the Client provides a request by email to info@Titan112crossfit.com with the subject line “Cancel Membership” and requested date for cancellation in the message body. All written requests for ending the renewal process must be submitted at least thirty (30) days prior to the cancellation date and may not forgo any renewal commitments within the 30 day period. The client is responsible for the full renewal payment amounts within the 30 day period regardless of services rendered subsequent to that date. Non-attendance, non-payment, injury, or any other reasons are not an acceptable terms for cancellation. The membership will renew indefinitely until the email is received by info@Titan112crossfit.com. Absolutely no refunds will be made for any membership payment.
CLIENT’S RIGHT TO HOLD: The client may, for periods no longer than 1 month, “put on hold” the Agreement. The request to place the Agreement on hold must be submitted by email to info@Titan112crossfit.com at least thirty (30) days prior to the hold dates (no retroactive holds) and must include an end date. Titan 112 CrossFit may review and disallow multiple hold requests.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Titan 112 CrossFit shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Titan 112 CrossFit delays or refrains from exercising any rights under this Agreement, Titan 112 CrossFit does not waive, nor will Titan 112 CrossFit lose those rights. If Titan 112 CrossFit accepts late or partial payments from the buyer, Titan 112 CrossFit does not waive the right to receive full and timely payments and other charges due under this Agreement.
If the client fails to make any monthly payment on the designated date, the client will immediately default. All future payments will become immediately due. A monthly late fee of 1.3% will be added to the balance at the beginning of every month until the balance is paid off in full.
ATTENDANCE: Service of this agreement is rendered through your workout subscription regardless of attendance to the gym. If client does not attend the gym on a regular basis the client grants Titan 112 CrossFit permission to mark client’s attendance to one or more classes during each week. These marks of attendance will be considered by all means the legal equivalent of the client attending these classes.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforce-ability of any provision or portion of a provision to this Agreement.
GOVERNING LAW: This agreement shall be governed and enforced in accordance with the laws of the State of New York. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Titan 112 CrossFit and Client agree that the venue for such action shall exclusively be Suffolk County, New York.
ATTORNEY FEES: In the event Titan 112 CrossFit finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, Titan 112 CrossFit in such litigation or court action shall be entitled to receive their attorney’s fees incurred, together with court costs, and other charges from the Client.
EFT REQUEST AND AUTHORIZATION: Client hereby authorizes Titan 112 CrossFit or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial membership payment or replacement account designated by Client and accepted by Titan 112 CrossFit for payment of any and all fees, late charges, costs, expenses or any other monies due to Titan 112 CrossFit under the terms and conditions of this agreement. Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon (30) days written notice to, and approved by Titan 112 CrossFit. Client may timely notify the financial institution in control of the Client’s account to terminate this request, but such notification will constitute a default and may cause all sums under this agreement to be due and payable immediately together with all costs of collection to extent permitted by law. Titan 112 CrossFit or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft – thirty dollars each occurrence, unpaid EFT draft (after re-submittal) – thirty dollars each occurrence, unpaid credit card debit – thirty dollars each occurrence, unpaid customer check – thirty dollars each occurrence. Chargeback or disputed charge – fifty dollars each occurrence.
IMPORTANT NOTE: Client, by signing and agreeing to partake in Titan 112 CrossFit Personal Training / Nutritional Program service and related activities, agrees to release Titan 112 CrossFit from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing. By signing this agreement, Client acknowledges that Client has read, understood and agrees with all the terms and conditions of this agreement after having the opportunity to have it reviewed by an attorney at the discretion of Client. This agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Titan 112 CrossFit. Titan 112 CrossFit has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
