Membership Type: 3 Month Unlimited
Applicable programs: CrossFit and Krav Maga
Attendance Limit: None
Auto Renew: Yes For Like Term at the Current Rate
Recurring Payment: $119.00 (or current rate) plus N.J. Sales Tax (less applicable discounts)
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a $20.00 late fee. If the Member is paying monthly dues by electronic funds transfer (E.F.T.), the club’s billing company reserves the right to draft via E.F.T. all amounts owed by the member including any and all late fees and service fees.
RELEASE OF LIABILITY: The use of Infinite Fitness and Health, LLC facilities naturally involves the risk of injury to you or your guest, whether you or someone else causes it. You hereby release and hold harmless Infinite Fitness and Health, LLC, CrossFit, Inc., Alpha Krav Maga International and their officers, affiliates, directors, agents, staff, volunteers, suppliers, licensors, licensees and employees from and against any and all actions, judgments, settlements, claims, liabilities, losses, damage, expenses, and costs (including court costs and attorney's fees), including, without limitation, for any property damage, personal injury, death or any other action, claim, liability, loss, damage or expense against Infinite Fitness and Health, LLC based on its operation of its business or premises. Infinite Fitness and Health, LLC will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to you or your spouse, guests or unborn children, or relatives resulting from the negligence or other acts of Infinite Fitness and Health, LLC or their employees, members, agents, volunteers, or anyone at the facility. Further, you understand that Infinite Fitness and Health, LLC does not manufacture any of the fitness or other equipment at its facility, but purchases and or leases equipment from third parties. As such, you understand and acknowledge that Infinite Fitness and Health, LLC is providing recreational services and may not be held liable for defective products. If there is a claim by anyone based on injury, loss or damage described here, which involves you or your guest, you agree to (1) defend Infinite Fitness and Health, LLC against such claims and pay Infinite Fitness and Health, LLC for all expenses relating to the claim and (2) indemnify Infinite Fitness and Health, LLC for all liabilities to you, your spouse, guests, relatives, or anyone else resulting from such claims. By signing this contract, you agree to all terms of this agreement.
PARTIES: Infinite Fitness and Health, LLC and you agree that by accepting this agreement (Agreement), you purchased a membership or services and agree to all the terms in this Agreement. You also agree to follow Infinite Fitness and Health, LLC's Membership Policies and any Club rules. The terms "You” and "Infinite Fitness and Health, LLC" include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. As such, all parties make this Agreement on behalf of, and it binds all these included persons and entities.
MEMBERSHIP: Your membership permits you to use Infinite Fitness and Health, LLC's premises, facilities, equipment and services during business hours (collectively called "Facilities”) as shown and limited by the membership you have chosen. Your membership is non-transferable by you and it does not give you any rights in Infinite Fitness and Health, LLC, its management, property or operation. Infinite Fitness and Health can sell memberships at different rates and terms than yours.
Membership Freezes: Infinite Fitness and Health, LLC will only freeze your membership if you qualify due to extenuating circumstances as decided by Infinite Fitness and Health, LLC; the months frozen will be credited at the end of your agreement. To be eligible for a membership freeze you must be in good standing with all Processing and Enrollment Fees paid and you must be current on your Monthly Dues. Notify the front desk staff, in writing, of your freeze beginning date.
Change of Address: It is your responsibility to notify Infinite Fitness and Health, LLC of any change in your payment information, address or phone number.
Dues & Fees: You agree to pay the Dues and Fees listed in this contract. All billing and account information is managed by Infinite Fitness and Health, LLC. Infinite Fitness and Health, LLC immediately earns the processing and enrollment fees when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees and any prepaid monthly Dues are not refundable, except as stated in this Agreement. Whether or not you use the Facilities, you must still pay your monthly dues. Your agree to pay Infinite Fitness and Health, LLC an administrative fee for any returned check, or credit or debit problems, such as non-sufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $20.00, but is subject to change at the discretion of Infinite Fitness and Health.
Family Memberships: With any multi-member membership, one member only pays all the Dues. If a Family membership drops a member, the total Dues will be reduced by the lowest rate membership in the Family membership. If the member responsible for paying the Family Dues fails to timely pay the Dues, another member must make arrangements to pay the Dues, or Infinite Fitness and Health, LLC has the right to terminate all the memberships. Infinite Fitness and Health, LLC will accept notice of a change of status (in writing) only from the member whose status has changed.
Automatic Monthly Deductions & Timely Payments: You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify Infinite Fitness and Health, LLC within 30 days of a claimed EFT error on your bank statement or credit card statement. If you claim your EFT was not stopped when you gave notice, you must have written proof. Without written proof, Infinite Fitness and Health will not reimburse you for EFT deductions which you claim should not have been deducted. If your EFT ends for any reason, your membership may be immediately suspended at Infinite Fitness and Health's election. You will have 30 days from the date your EFT ends to reinstate your original EFT authorization or provide a substitute EFT authorization. Upon reinstatement, all past due amounts, including any administrative fees will be electronically deducted or you must pay all past due amounts at the time of reinstatement. If you have not provided a valid EFT or prepaid your membership within the 30 days, your membership will terminate and any contractual or past due amount owed will be sent to our collection agency. Failure to Provide Documentation for Automatic Monthly Payments: If your EFT does not begin because you fail for any reason to provide the documentation for processing the EFT, Infinite Fitness and Health may immediately suspend your membership and the termination provisions above shall apply. All Processing and/or Enrollment fees are non-refundable.
AVAILABILITY OF FACILITIES
Unavailability: Infinite Fitness and Health, LLC regularly closes its Facilities for maintenance, selected holidays, and other hours based on municipal requirements. Infinite Fitness and Health may delete, change, discontinue, repair, or replace any part or all of the Facilities including, but not limited to, classes or special promotions without any effect on this Agreement.
Closure, Move or Sale of Club: Infinite Fitness and Health may permanently close or move your club of enrollment without any effect on this Agreement if it transfers your membership to a comparable club within 10 miles of the one affected.
Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Infinite Fitness and Health LLC's Facility and classes. As such, you acknowledge that Infinite Fitness and Health LLC's representatives did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the Facility. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities.
Limited Use: If you know or should know you have any problem that might prevent you from using all of Infinite Fitness and Health LLC's Facility and you sign this Agreement, you agree that your membership is limited accordingly. However, because it’s your choice, you must still pay your Dues as if you could use all of the Facility.
Liability for Property: Infinite Fitness and Health, LLC is not liable to you or your guest for any personal property that is damaged, lost or stolen while on or around Infinite Fitness and Health LLC's premises including, but not limited to a vehicle, or its contents. If you or your guest cause any damage to Infinite Fitness and Health, LLC's Facility, you are liable to Infinite Fitness and Health, LLC for its cost of repair or replacement.
Entire Agreement & Enforcement: You acknowledge that neither Infinite Fitness and Health, LLC nor anyone else made any representations nor promises upon which you relied that are not stated in this Agreement. This document contains the entire agreement between you and Infinite Fitness and Health, LLC and replaces any oral or other written agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Infinite Fitness and Health, LLC does not enforce any rights in this Agreement for any reason, Infinite Fitness and Health, LLC does not waive its right to enforce them later.
Cancellation · Termination ·Refund
Your 3-day Cancellation Right: You can cancel your membership within 3 days after signing this contract by sending a 3-DAY NOTICE in writing. If you do, Infinite Fitness and Health, LLC refunds all the money you paid less the non-refundable processing fee within 15 days of when Infinite Fitness and Health, LLC receives the notice.
30 DAY CANCELLATION: Written notice of cancellation. This is applicable after fulfilling the original or renewed agreement, term and commitment between you and Infinite Fitness and Health, LLC as set forth at the outset of this agreement. A written letter or cancellation notice will take effect 30 days after receipt of such notice.
EARLY CANCELLATION: You may terminate your contract early by providing notification in writing of your request to cancel and satisfying an early termination fee. Termination fee is 66% of your remaining contract obligation.
Note: Sending a cancellation letter to Infinite Fitness and Health, LLC will not cancel your agreement or your financial obligation; until the end of your original term or current term.
Disability or Death: Your disability must physically prevent you from using a substantial portion of the club’s Facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence.
Termination for Cause by Total Body: Infinite Fitness and Health, LLC may, at its option, terminate your membership if (1) you fail to make timely payments under any payment plan, (2) any monthly payments or Dues are late, (3) the monthly EFT payments or Dues are interrupted or discounted for any reason and you or your cosigner do not provide an acceptable alternative, (4) you fail to follow any of Infinite Fitness and Health, LLC's Membership Policies or Club Rules or violate any part of this Agreement, or (5) your conduct is improper or harmful to the best interest of Infinite Fitness and Health, LLC or its members. Termination is effective on the date Infinite Fitness and Health, LLC mails a written notice to your last known address. You are liable for all financial obligations until that date.
Infinite Fitness and Health, LLC reserves the right to terminate your membership for any reason not stated above and is not prohibited by law. If Infinite Fitness and Health, LLC does, it will mail a termination notice to you and refund any unused prepaid monthly Dues.
Termination or Club Closure or Move: If Infinite Fitness and Health, LLC cannot transfer your membership upon a permanent club closure or move, this Agreement ends 30 days later. As such, you will not have to pay further monthly Dues and Infinite Fitness and Health, LLC will refund any unused prepaid monthly Dues.
Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use Infinite Fitness and Health LLC's Facilities ends and you can be denied access to the Facility and premises. If you owe Infinite Fitness and Health, LLC money when your membership ends, you still owe the money, and Infinite Fitness and Health, LLC will deduct it from any refund you might have due. If there is not enough money to cover the debt in the refund, you must pay the balance.
If there is any dispute between you and Infinite Fitness and Health, LLC, both parties agree to submit it to a binding arbitration, using the American Arbitration Association’s (AAA) Commercial Arbitration Rules (Rules). Arbitration means that neither you nor Infinite Fitness and Health, LLC can sue each other in court over the dispute and that a neutral arbitrator will decide it, not a jury or judge. To start the arbitration process, either party must submit a written arbitration request to the other within one year of the claim. Any failure to request arbitration within the one year period, shall constitute a waiver of all rights to raise any claim. The arbitration shall be held at the AAA office nearest to the club you joined and based on AAA’s Rules, the parties agree they cannot conduct any discovery. The law of the state where you enrolled governs the dispute. The arbitration covers any dispute related to your membership and this Agreement, including, but not limited to, class actions, financial obligations, facilities, representations, personal injury and property, contract, and or tort damage of any kind. If there is any dispute over the applicability of arbitration or the validity of the Assumption of Risk / Waiver provision, only an Arbitrator, not a court, may decide the dispute, which the Arbitrator must determine in a separate hearing before arbitration may proceed.
LIMITATION OF LIABILITY Any award by an Arbitrator of a Court is limited to the terms of this Agreement. Neither an Arbitrator nor a Court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages. The party who makes the claim must pay the costs of arbitration, including the arbitrator’s fees, but each party will pay its own expenses, including attorney’s fees and costs. Any judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitration award shall be complete and final and the parties waive all rights to appeal or any right to challenge the award. The parties shall not disclose the existence, contents, or results of the arbitration without the written consent of both parties.