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Studio Liability Release
TERMS AND CONDITIONS
1. Fees and Payments.
You will automatically be charged any bank fee imposed on Repertoire Fitness, plus a processing fee of $10.00, for any returned payment item due to closed accounts, insufficient funds, etc.
2. Membership.
2.1. Annual or Month-to-Month Membership Plans. Repertoire Fitness offers members a month-to-month membership plan or a discounted annual membership plan. The month-to-month membership costs $79.99/month. The month-to-month membership may be cancelled at any time upon thirty (30) days written notice to Repertoire Fitness. The annual membership costs $60.00/month and is for a term of twelve (12) months. If you cancel an annual plan at any time during the term, you will owe the membership fee for the balance of the term. For example, if you sign up for an annual membership and cancel after ten months, you will owe Repertoire Fitness the membership fees for the remaining two months of the annual membership plan, or $119.98. After the expiration of the initial term of an annual membership, your membership will automatically renew on a month-to-month basis.
2.2. Revocation of Membership. At our discretion, your membership may be revoked at any time and for any reason, including if, in the reasonable judgment of our staff, you have acted in a manner contrary to the best interests or safety of Repertoire Fitness, our staff members, or other members of the gym, or if your account has a past due balance.
2.3. Use Privileges. You must abide by the rules of your membership. Additional fees may apply if you chose to use services outside of your membership privileges.
2.4. Membership Hold. Members may put their membership on hold for any reason for a minimum of one month and a maximum of three months. You must notify Repertoire Fitness in writing, at the address set forth above on the first page of this agreement, of the dates you will to put your membership on hold. During this hold period you will not be charged your regular monthly dues and you may not use the fitness facilities or any of Repertoire Fitness’ programs or services. Following the expiration of your hold, you will automatically be billed your regular monthly dues.
2.5. Closings. From time to time, a part of Repertoire Fitness may be temporarily unavailable while repairs, renovations or special events take place or until government licenses or permits are received. Repertoire Fitness will make every effort to minimize any disruption to members during these periods. Some of Repertoire Fitness’ programs or services may be closed for holidays. Hours of operation will be displayed on the website at www.rep-fitness.com and may be modified from time to time.
3. Member Risk.
3.1. Medical Recommendations. You should consult with your physician or have a physical examination before using any physical equipment or program, especially if you are elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems or any other chronic illness.
3.2. Member Conduct. Members shall not use any facilities, services or equipment in such a way as to endanger the health and safety of themselves or others. Members shall be responsible for any property damage r personal injury caused by them or their guests. Members agree not to violate any laws.
3.3. Orientation. Members and Members’ guests should seek instruction from Repertoire Fitness personnel in the use of all equipment, including fitness machines, free weights and cardio or aerobic equipment, before using any equipment or services. If you fail to ask for instructions as to how to use the equipment, then you assume the risk of injury associated with the misuse of such equipment.
3.4. Medical Disclaimer. Each Member has been informed and acknowledges that Repertoire Fitness has made no claims as to medical results that can or may be obtained through use of the equipment, facilities or services. Repertoire Fitness does not have the training, authority or expertise to provide medical treatment or related advice to members.
3.5. Activity Risk. Any strenuous athletic or physical activity involves certain risks. By signing this agreement, you represent that you understand that there are risks associated with the use of a health club and the use of fitness equipment and free weights pose a risk of injury if not used correctly. We cannot guarantee that the facility or the equipment is free of risk. You agree to use care in the use of Repertoire Fitness facilities, equipment and services and to protect against accidents by other members.
3.6. Loss of Property. Repertoire Fitness shall not be liable for the disappearance, loss of theft of, or damage to personal property. In no event shall Repertoire Fitness’ liability for disappearance, loss, theft or damage thereof exceed the lesser of actual value or $100.00.
3.7. Prevailing Party. In the event that you commence an action against Repertoire Fitness and fail to obtain judgment or receive a partial judgment, you shall be liable to Repertoire Fitness for all costs and expenses Repertoire Fitness incurred in the defense of the action or any claims on which you did not prevail, including attorneys’ fees. You agree to pay all costs plus attorneys’ fees and collection fees incurred in connection with Repertoire Fitness’ collection of any amounts owed by you.
4. Miscellaneous.
4.1. Non-Discrimination. Repertoire Fitness will not discriminate against any person because of sex, race, creed, color, age, national origin, sexual orientation or ancestry in considering applications for, or taken other actions in connection with, membership in Repertoire Fitness.
4.2. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
4.3. Enforcement. If any provision of your membership contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of the contract, which shall remain in full force and effect, and the provisions so held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
4.4. Governing Law. These terms and conditions shall be governed in all respects by the substantive laws of the Commonwealth of Massachusetts. You hereby waive your right to a trial by jury. The minimum age for membership is 18 unless parental permission and Repertoire Fitness’ permission are given.