Terms and conditions for Crossfit Unlimited
PLEASE READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING
Parties(ESTLR Athletics and I agree that by signing this agreement, I am purchasing a membership or services and agree to all the terms contained in this agreement. The terms “I” and “ESTLR athletics ” include heirs, estates, agents, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries, and employees. Both parties make this agreement on behalf of, and it binds, all these included persons and entities.
Membership Term: I acknowledge and agree that I will maintain membership and pay the dues specified above for a minimum term of one month. I agree that I will be liable for dues for the entire one month term of this agreement in the amounts as stated above regardless of usage or any change of circumstance. I acknowledge that after the initial one month term my account will be billed on a month-to-month basis at the monthly rate above until I cancel my membership in accordance with the cancellation terms of this agreement. I understand there are no refunds
Next Payment: I understand my next payment for the plan selected is due on the signup date and on the same day of each calendar month thereafter.
Recurring Charge: I agree my payment will be charged every month to the credit card on file until this agreement is in accordance with the cancellation terms of this agreement. Membership dues are based on a recurring charge. Failure to attend the classes or use the facility does not relieve me of the obligation to pay the full tuition for the programs or phase in which I am currently enrolled. I am responsible for all charges billed or incurred prior to cancellation. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else. It is my responsibility to notify ESTLR Athletics of any change in my mailing address, billing information or contact information.
Cancellation by Member: I understand and agree that I can only terminate this agreement with a minimum of 30 days advance written notice before the beginning of my billing date (i.e. if my billing date is the 10th of the month ESTLR Athletics must receive written notice by the 9th of the previous month). The notice must be delivered in writing, sent by electronic mail to info@estlr.com or by mail to:
ESTLR Athletics
431 S Hewitt Street
Los Angeles, CA 90013
Notice by telephone or oral communication to anyone is not sufficient. I also understand there is no refund on membership dues.
Services: ESTLR agrees to provide and I agree to purchase competent instruction supervised by qualified personnel trained in the procedures and traditions of such activities.
I have chosen to enter into the following program(s) and classes:
Unlimited scheduled Crossfit daily classes - Does not include specialty class, workshops, competitions and seminars.
Photography Release:. I acknowledge and agree that ESTLR Athletics or any party designated by ESTLR Athletics may photograph or film me while I am at ESTLR Athletics and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
Representations: The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am in the good physical condition and have no medical reason or impairment that might prevent me from my intended use of ESTLR Athletics facilities and/or its a prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.
Waiver: In consideration of my being permitted to participate in the classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against ESTLR, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the classes, however, caused.
I further hereby release, remiss and forever discharge ESTLR Athletics, its directors, officers, instructors and staff and all persons acting under its authority and there respective heirs, executors, administrators, successors, and assigns from and against all demands, claims, actions, damages, costs, and expenses arising from or with respect to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused, arising from or in connection with my participation in the classes whether or not caused by, in whole or in part, the negligence or gross negligence of Trojan CrossFit.
I will hold harmless and indemnify ESTLR Athletics, its directors, officers, instructors and staff and all persons acting under its authority and they're respective heirs, executors, administrators, successors, and assigns from any and all liability for any damage or injury to the property or persons of any third party resulting from my involvement in or presence during any of the Classes.
Rules and Regulations: I will comply with all the rules and regulations of ESTLR Athletics . ESTLR Athletics may, in its sole discretion, modify the policies and any rule without notice at any time. All signs posted at ESTLR Athletics and any verbal communication from ESTLR Athletics shall be considered a part of the gym rules. ESTLR Athletics reserves the right, in its sole discretion, to terminate my membership at any time, effective immediately, for violation of any membership policy or gym rule.
Late Fee: I will pay a service charge of $25.00 for any payments 10 days past due. If there are three payments which are 10 days past due during the period of this agreement, I agree to pay the remaining balance of the agreement in full, in addition, I agree to pay for all collection charges, fees (including court filing fees, collection costs and attorneys fees) to any and all recovery charges incurred.
I hereby agree that if ESTLR Athletics is unable to process my payment from the designated account provided by me, ESTLR Athletics is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as described in this section of this agreement.
Termination by ESTLR Athletics: In addition to any rights and remedies it may otherwise have, ESTLR Athletics t may terminate this Agreement upon thirty days written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten days after receiving notice of such failure.
Membership Freeze: My membership can be frozen with five days prior written notice to ESTLR Athletics . My membership freeze will be limited to a maximum of 30 days. My monthly dues will be automatically reinstated at the end of my freeze and billed to the account on file with ESTLR Athletics unless you cancel your membership in accordance with the terms of this agreement or you are approved for a longer freeze. The notice must be delivered in writing, sent by electronic mail to info@estlr.com or by mail to:
ESTLR Athletics
431 S Hewitt Street
Los Angeles, CA 90013
Notice by telephone or oral communication to anyone is not sufficient.
Entire Agreement: I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
Severability: If any term of this agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, the illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Dispute Resolution: If either party brings an action to enforce their rights under this the agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the action and any appeal from the losing party.
Privacy: ESTLR Athletics is committed to protecting the privacy of the person of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed please contact ESTLR Athletics.
Changes to Membership Agreement: ESTLR Athletics may, from time to time, make changes to this agreement. Such revisions will be effective immediately, provided, however, such revisions shall unless otherwise stated, be effective thirty (30) days after notice. Your continued use of ESTLR Athletics facilities and/or services shall constitute acceptance of these changes.
Acknowledgment: I acknowledge receiving a copy of this agreement.
I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns my have against ESTLR Athletics . This agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same agreement.
In witness whereof, I have executed this release and the above terms, as of signup date.