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Membership / Training Agreement

Monthly Membership: $
1. Term:
3. Applied Discount:
Program(s):
1. Personal Training (PT): Master Trainer: per session Trainer: per session
  1. I agree to purchase sessions per month at per session.
  2. Total training cost per month.
  3. Extra sessions are billed separately. 24-hour cancellation is required to avoid losing a session.
2. Small Group Training (SGT): Master Trainer: per session Trainer: per session
  1. When enrolling in group training sessions with a partner(s), this agreement and the resulting payments below pertain only to the signatory member on this Agreement and do not reflect the total charges for the enrolled group.
  2. I agree to purchase sessions per month at per session.
  3. Total cost per month. Extra sessions are billed separately.
  4. 24-hour cancellation notice is required to avoid losing a session. If group partners don’t attend a scheduled session, member is charged the regular Personal Training rate for that session.
3. Boot Camp (BC): per month
  1. Boot Camp Classes are purchased on a monthly basis. Payments are not based on individual classes. Member may attend as many scheduled Boot Camp classes as are available.
  2. I agree to purchase unlimited Boot Camp sessions at per month.
  3. Member must reserve their slot to ensure capacity limitations are met in accordance with the Maxed Out Fitness Member Rules. Class schedules are available online through the MindBody portal.
Payment Schedule:
1. Initial:
  1. At the signing of this Agreement, the Member is required to pay the monthly membership fee, the initiation fee, and for all remaining training sessions in the month this Agreement is executed (minus any applicable discounts). If the Agreement is executed in the last week of the month, the membership fee is waived for that month and the Member is required to pay the membership fee for the subsequent month, the initiation fee, and for all training sessions for the subsequent month plus any remaining training sessions in the month this Agreement is executed (minus any applicable discounts). Total amount due today
2. Monthly:
  1. Member agrees to pay the total monthly cost of membership and training session on the of the month, for the term of this Agreement. Total amount due monthly
3. All payments are processed through the MindBody portal.
4. Payment is non-refundable unless Member meets one of the exceptions provided in paragraph V.A.3 of the Terms and Conditions of this Agreement.
Payment Authorization
1. I hereby authorize Maxed Out Fitness, LLC (hereafter Maxed Out Fitness) to automatically withdraw the monthly payments outlined in Section III of this contract.
2. By agreeing below, I authorize Maxed Out Fitness, to charge the credit card or bank account provided at registration. Monthly dues and /or renewal fees will be withdrawn on or after the same day of each month. I understand that Maxed Out Fitness may continue to charge my account in accordance with the terms and conditions of this agreement.
  1. I understand if there is a change to my bank or card account information, including expiration date, I must notify Maxed Out Fitness prior to the due date of the next payment.
  2. I understand that Maxed Out Fitness may receive updated card information from the financial institution issuing the card.
  3. I understand and agree that Maxed Out Fitness is not liable for incorrect debits/charges. If a billing error occurs, Maxed Out Fitness is responsible for correcting it, if and when, I notify Maxed Out Fitness of the error.
  4. I understand if my payment is rejected, refused, returned, disputed, or reversed by my financial institution or card issuer, for any reason, Maxed Out Fitness has the right to charge a returned item fee and the option to cancel my account from the Automatic Payment Program.
  5. I understand that I should verify with my financial institution to determine if additional charges apply.
Terms and Conditions
1. Membership/Sessions/Auto Renew/Exceptions
  1. Membership: Amounts paid under this agreement are non-refundable. This contract covers your purchase of a Membership to Maxed Out Fitness and is for the use by the member(s) named above. It entitles the member(s) to the use of all the facilities in the gym.
  2. Sessions: Amounts paid under this agreement are non-refundable. All sessions must be scheduled and/or rescheduled with your Trainer. If you do not cancel a scheduled session at least 24 hours in advance, you will be charged for the session and such charge is non-refundable. All sessions expire 45 days after purchase. This contract is between you and Maxed Out Fitness, not an individual instructor. Maxed Out Fitness reserves the right to fulfill the terms of this contract by rescheduling sessions, changing trainers, or modifying programs at any time with reasonable notice.
  3. Auto-Renew: Your membership is auto-renewable. Following the initial term, your membership and training program will automatically continue on a month-to-month basis until cancelled. Memberships are subject to a 3% annual increase if outside of the initial term on January 1st of each year.
  4. Exceptions: You may cancel your membership during the initial term without penalty ONLY if: (1) Member has given Maxed Out Fitness 30 days written notice of its intent to cancel, AND (2) Member is moving to a location beyond a 25-mile radius of any Maxed Out Fitness location, OR (3) a physician certifies that Member is physically unable to participate in fitness activities for a period of more than 6 months. Evidence of a change of address or a doctor's note must be emailed to info@maxedoutFS.com for cancellation without penalty.
2. Default/Cancellation Policy
  1. Default: This occurs by failing to make payment at the time it is due. Maxed Out Fitness will notify Member when a payment is missed and Member has five (5) business days from the date of notice to cure or a $20 late fee will be assessed. If Member fails to remit payment within thirty (30) days from the payment date, Maxed Out Fitness may seek further remedies to collect. The Member agrees to pay for all administrative, chargeback, and legal fees associated with the collection of any outstanding balances listed in this contract.
  2. Cancellation: In the event Member wishes to cancel this Agreement prior to completion, the Member must provide 30 days written notice to info@maxedoutFS.com. Member must also pay Maxed Out Fitness for any discounts Member received on sessions purchased to that point in the contract, as well as a $250 early termination fee. These fees will be immediately charged upon early termination unless Member meets one of the exceptions listed under V.A.3 "Exceptions" of this contract.
Additional Terms and Conditions
1. Indemnification. If any claim arises against me by a Studio agent, employee, independent contractor, patron, guest or Member based on injury to person or property, I hereby agree to indemnify the Studio, Maxed Out Fitness, from any such claims and reimburse the Studio for any expenses it incurs related to the defense of such claims.
2. Capacity. Member affirms that he/she has the full right, power and authority, and legal capacity to enter into and to be bound by the terms, conditions and understandings reflected in this agreement.
3. Transfer/Assignment. The parties agree that this agreement cannot be assigned or delegated to another party. Sessions/classes that are prepaid cannot be transferred or gifted to a friend or relative; only the Member signatory to this agreement may attend the purchased sessions/classes.
4. Integration Clause. This Agreement represents the entirety of all terms; agreements, conditions, and understandings between the parties and supersedes any other written and/oral terms, agreements, conditions or understandings.
5. Modification. This agreement may be modified, altered, or otherwise changed only upon written consent by both parties.
6. Choice of Law. This agreement shall be governed by the laws of the State of Maryland.
7. Forum Selection. Any claims arising out of or relating to this agreement shall be brought in Arundel County Courts.
8. Severability. If any one or more of the provisions contained in this Agreement, or any application of any such provision, is invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and all other applications of any such provision will not in any way be affected or impaired.

I have read this agreement thoroughly including the Terms and Conditions. I understand its terms and agree to all of its provisions.

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March 2, 2021 5:03 pm EDT

Membership / Training Agreement Uploaded by Ashley Hesgard - test@fluid-brands.com IP 97.100.29.80