AGREE AND ACKNOWLEDGE
I agree to allow LIFT AT STATION PARK,LLC to charge my card on file &/OR checking account on a reoccurring basis for the amount indicated for a membership. I agree that it will charge on a reoccurring basis until a written notice is given on my behalf of a cancellation.
I understand and acknowledge that if I proceed to register online and to sign the waiver electronically, that, under the Electronic Transactions Act, such electronic registration and electronically signed Waiver document will be valid and enforced in the same manner as a hand-signed document that exists in physical form and that a record or signature may not be denied legal effect or enforceability under law solely because it is in electronic form.
MEMBER ASSUMPTION OF RISK AND RELEASE
Lift at Station Park shall be defined as “the Club” in the following information.
The Club is not responsible for any injury, including death, or loss of property to any person suffered while on the premises or participating in the use of the Club and its facilities for any reason including but not limited to the utilization of any equipment or the playing, practicing, or spectating of any activity occurring in or about the Club premises.
In consideration of my participation in and the use of the Club’s facilities I hereby release and covenant not to sue the Club, its owners, shareholders, directors, officers, employees, representatives, agents, and lessees for any and all present and future claims resulting from ordinary negligence and inherent risk of the use of the facilities and equipment of the Club including but not limited to any loss, injury, damage, or liability sustained by me while on or about the premises of the club.
I am fully aware and understand that the Club does not have on or about the Club premises, or employ or contract with any medical services, provisions for ordinary or emergency medical services.
I am also fully aware and understand the such losses, injury, disability or death may be a result from the actions, inaction or negligence on my part, on the part of the Club, on the part of others, the rules of play, or the condition of the Club’s premises and equipment. I agree that immediately prior to participating in any activity occurring in or about the Club’s facilities I will inspect the facilities and equipment to be used and if any defect is apparent I will not use the facility or equipment and I will notify the management of the Club of the defect. I further agree that if I am not knowledgeable in the proper use of any of the Club’s facilities or equipment I will obtain proper instruction for the correct use of the facility or equipment from a qualified individual before I will use the facility or equipment.
I further agree to indemnify and hold harmless the Club, its owners, shareholders, directors, offices, employees, representatives, agents, and lessees for any and all claims arising from my involvement in or receiving instruction for the Club activities incidental thereto wherever, whenever, and however the claims may arise including but not limited to travel to and from the Club or related activity site and participation at remote sites.
I assume all the forgoing risks and accept personal responsibility for any damages and loss following any loss of property, injury, permanent disability or death resulting therefrom.
I HAVE READ AND FULLY UNDERSTAND THE ABOVE WAIVER, RELEASE AND ASSUMPTION OF RISK AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AND SIGN IT VOLUNTARILY. WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my using any of the equipment or the facilities of the CLUB or any incident that occurs while using the CLUB’s facilities or engaging in CLUB activities on or off the premises or otherwise related to my CLUB membership.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS: Should Member 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 Member agrees 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 (10) days late. Should any monthly payment become more than ten (10) days past due, Member will be charged a late fee. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), the Club’s Designated Billing Company reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees subject to appropriate State and Federal Law.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The Club hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.
A member is allowed to freeze for up to 12 months for free with a written notice.
The member understands there is a strict 3 day cancellation policy after first signing where the member has up to three (3) days to cancel with a full refund. After the three days, the member will be charged the one time enrollment fee and first month dues continuing month to month thereafter until written notice is given. Afterwards, at anytime if the member wants to cancel their membership, written notice must be given within thirty (30) days of their future bill date, otherwise they will be charged for that month. Absolutely no cancellations can be made if there is a current balance on the account. The account must have a zero balance to cancel.The member understands they will be responsible to pay the amount due in full before a cancellation can be done.
Refunds will only be given at owner’s discretion. When cancelling: If the member fails to submit a cancellation in writing, a refund will not be given. No refund will be given past 6 months of the initial start date for any member under any circumstance. In addition, the refund amount will not exceed more than three (3) months of billing charges for the member. Those that choose to purchase Paid in full memberships (PIF, E.I one year paid in full, up front) agree they are not entitled to any amount of refund after three (3) days of signing and submitting payment.
The member understands that it is their responsibility to verify that the funds have stopped withdrawing from the account on file after cancellation.
If the member can provide proof of cancellation, E.I confirmation email or LIFT’S cancellation form, an exception to a refund may be made.
If the gym is to close, an exception will be made to those members who have Paid in Full for their membership. A refund will be given in the amount totaling the remaining months of the contract, after the closing date of the gym.