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• 3X Week Membership (*Old)

3X Week Membership (*Old)

RELEASE OF LIABILITY

Client's acknowledgement and assumption of risk and full release from liability of CrossFit Medway: client acknowledges that the personal training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by CrossFit Medway (the “physical activities”). Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client's participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.

Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in CrossFit Medway physical activities. By signing this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.
Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases CrossFit Medwy (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Medways activities, including, but not limited to the personal training / nutritional programs and the physical activities.

Fitness program membership agreement services: The service being requested is for coaching designed to progress you toward elite fitness. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. This is not an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

Client's right to cancel: The client may not terminate or cancel the agreement except as follows: (1) if by reason of death or disability, client is unable to receive all CrossFit Medway services for which client has contracted, client and client's estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor's note regarding the nature of the disability); and (2) in the event the client moves further than 25 miles from CrossFit Medway, client may terminate this agreement by supplying proof of new residence. If client has prepaid any sum for services, so much of such sum as has been allocated to services client has not taken shall be refunded.
Client's right to hold: The client may, for periods of two weeks or longer, “put on hold” the agreement. The request to place the agreement on hold must be submitted 2 weeks prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions: client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.
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, CrossFit Medway shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages. If CrossFit Medway delays or refrains from exercising any rights under this agreement, CrossFit Medway does not waive, nor will CrossFit Medway lose those rights. If CrossFit Medway accepts late or partial payments from the buyer, CrossFit Medway does not waive the right to receive full and timely payments and other charges due under this agreement.
Successors and assigns: Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.
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 enforceability of any provision or portion of a provision of this agreement.
Legal fees: In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow the management of the centre to provide a service that we believe is second to none.

Membership Fees

Membership fees shall be fixed by CrossFit Medway and may be altered at any time. Members will be notified (by notices posted on centre notice boards or in writing) of any changes in the fees prior to the date of the alteration.
a) On payment of membership fees, a member is entitled to use the centre facilities with frequency of use relating to the membership type.
b) The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the 1st of each month, or if the 1st day of the month is a Saturday, Sunday or public holiday, the next working day.
c) All membership applications must be on the forms prescribed by the centre and applicants may be subject to an interview at the discretion of the centre.
d) The centre reserves the right to reject an application for membership, or refuse admission, without ascribing any reason.
e) Membership fees are payable according to the membership type selected. There will be a surcharge of 5% for payment made in cash.

Standing Orders

a) Monthly standing orders are a full binding contract between CrossFit Medway and the member and will automatically continue until CrossFit Medway is notified otherwise.
b) Proof of partners residing at the same address is required at time of registration or renewal. Partner is defined as people cohabiting together as partners in life, or a parent and offspring (over 16 years of age) living at the same address.
Use of the Facilities
A member is entitled to use the centre's facilities providing always that the centre may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work or for reasons beyond the control of the centre.

Smoking

Please note that the centre has been designated a non-smoking environment.

Gym

a) Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members' own risk. All members must undergo a health check and basic supervised instruction session before using the gym.
b) Correct footwear and t-shirts or singlets must be worn at all times. Access to the gym and booking classes can be carried out using your personal login to our online scheduling software.
c) Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

Safety and Hygiene

In the interest of safety and hygiene, no crockery or glasses are allowed in the centre. No pets will be allowed in the centre, with the exception of guide dogs. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit.

Lost Property

All lost property found on the premises should be handed into the centre reception. Items will be stored for one month and then donated to local charities.

Liability

a) The centre's liability for loss or damage to members' property is strictly limited to any damage or loss suffered as a result of negligence of the centre, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.
b) The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored in lockers provided by the centre of its agents is stored at the owner's risk and no liability for the loss or damage thereto will be accepted by the centre.
c) The centre cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of the centre, its staff or agents.
d) Any member who suffers an accident on the centre premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.
e) Neither CrossFit Medway, its health & fitness specialist instructors or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Medway) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

Termination of Membership

a) 12 Month Contract; you may not cancel your membership within your initial 12 month commitment period respectively. After your initial 12 month commitment period you may give us written notice of your wish to cancel at any time, requests received before or on the 17th of a calendar month will be processed at the end of that given month, those received after the 17th of the month will be processed at the end of the following month. CrossFit Medway is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.
c) The centre reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the centre, cause nuisance or annoyance to the other centre members or guests; and for any breach of the centre's rules or misuse of centre facilities, or for any other reason which the centre may deem appropriate.

Suspension of Membership

a) Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.
b) Suspension for any other reason must be requested in writing two weeks in advance.
c) Suspension of a twelve-month contract will result in the initial commitment period being extended for the length of the suspension.
d) All suspensions are at the discretion of the management.

General

a) Members must at all times observe the membership rules, and comply with any reasonable directions which the manager may give to ensure the smooth operation of the centre, the facilities and the convenience of members.
b) No credit shall be granted by the centre to any member. Any and all costs incurred by the members during his visit to the centre must be paid prior to leaving the centre.
c) Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the manager whose decision shall be final.
d) CrossFit Medway reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on the centre notice boards. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

Data Protection Act

CrossFit Medway abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition CrossFit Medway will use the records to notify you of leisure activities organised by CrossFit Medway. By signing and returning this membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.
Governing Law and Jurisdiction of the Courts
This agreement shall be governed by and construed with English Law and the parties agree to submit any disputes to the exclusive jurisdiction of the English Courts.

Membership Cancellations:

All memberships have a 30 day money back policy. Requirements: you must attend at least 6 sessions and notify us of your intentions in writing within 30 days of signing this Membership Agreement.

If you wish to cancel your membership after this, you must wait until it's expiration and notify us with 2 weeks notice.

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