Terms and conditions for Yoga: 21-90 Challenge

EFT Request and Authorization: Client hereby authorizes NapTown Fitness or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by CrossFit NapTown for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit NapTown under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, CrossFit NapTown. Client may timely notify the financial institution in control of Client’s account to terminate this Request, by such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. CrossFit NapTown or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.

IMPORTANT NOTE: Client, by agreeing to partake in NapTown Classes, Yoga, Personal Training / Nutritional Program service and related activities, agrees to release CrossFit NapTown/NapTown Fitness from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.

By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions on the reverse side) after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges Client had received a filled-in and completed copy of this agreement, which includes the E.F.T. request, the release and waiver of liability, and Additional Terms and Provisions located on the front and reverse side of the Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and CrossFit NapTown. CrossFit NapTown has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.

YOU, the Client, may cancel this Agreement at any time prior to midnight of the third business day after the date of the Agreement, excluding Saturdays, Sundays and holidays. To cancel this agreement, email or deliver a signed and dated notice, which states that you, the Client, are cancelling this Agreement.

RELEASE OF LIABILITY

CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF CROSSFIT NAPTOWN/NapTown Fitness: 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, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional programs offered by CrossFit NapTown (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 NAPTOWN 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 NAPTOWN (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 NapTown 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 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.

REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.

PAYMENT & BILLING: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly payment by credit card or EFT per the guidelines on page one of the Agreement. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account.

CLIENT’S RIGHT TO CANCEL: The Client may cancel a membership with advanced written or email notice of 5 days or more. They may not terminate or cancel the Agreement without notification except as follows: (1) If by reason of death or disability, Client is unable to receive all NapTown 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 NapTown, 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 is allocatable to services client has not taken shall be refunded.

CLIENT’S RIGHT TO HOLD: This membership is not eligible to be place on hold. It may be canceled at any time but no refunds will be offered.

DROP-IN CLASSES: ANY drop-in classes that are purchased on top of a Membership Agreement must be used by the expiration of the Agreement.

AGE POLICY: Clients under age 16 are only eligible to participate in class with permission from management.

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 NapTown shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If CrossFit NapTown delays or refrains from exercising any rights under this Agreement, CrossFit NapTown does not waive, nor will CrossFit NapTown waive those rights. If CrossFit NapTown accepts late or partial payments from the buyer, CrossFit NapTown does not waive the right to receive full and timely payments and other charges due under this Agreement.

OVERAGE CLAUSE: Naptown Fitness reserves the right to charge a client the local drop in fee of ($20 for CrossFit/$13 for SWIFT/$13 for Practice Indie) or more based off of the standard drop in fee of services being used. If a client has not pre-determined/ discussed a membership option prior to taking a class, the local drop in fee will be automatically applied to their account. It is the sole responsibility of the client to have a membership or pass to pay for the class attended, otherwise they forfeit to the local drop in cost of that class. This includes but is not limited to: going over a monthly class limit, attending more than 2 (two) free introductory classes (applicable for SWIFT and Practice Indie ONLY), attending a class without purchasing a pass or membership beforehand. If any other circumstances cause a member to come up as unpaid, NapTown FItness dba (CrossFit NapTown, Practice Indie, SWIFT, NapTown Barbell Club, NapTown Endurance Club) reserves the right to charge the cost of the class to the account.

Ultimate Extras: Included in the Ultimate Membership from the date of first purchase. 1 InBody Scan Annually. 1 Goal Review Annually. 2 Free Child Care Visits a Month. Yoga Mat/Towel Rental. Discounted Registration to all NapTown Fitness sponsored seminars and clinics (not including nutrition challenges or yoga teacher training). Clients must set all appointments with the proper staff themselves and any unused visits Do Not roll over.

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.

GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Indiana. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, CrossFit NapTown and Client agree that the venue for such action shall exclusively be Marion County, Indiana.

ATTORNEY 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 attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.