Membership Terms and Conditions with Liability Waiver
MEMBERSHIP TERMS AND CONDITIONS
SUMMARY: This Membership Agreement (this “Agreement”) includes the use of Studio (the “Studio”) equipment and facilities, including but not limited to, Clearlight Sanctuary Sauna, Sunlight Solo System Sauna, NormaTec, and NuCalm.
This Agreement will renew automatically on a month-to-month basis, at the initial monthly rate. The Studio reserves the right to change the amount of dues and charges payable at any time after the end of the initial membership period.
YOU RIGHT TO CANCEL: If Member (hereinafter “you”) wishes to cancel this Agreement, you may cancel by mailing or delivering written notice by hand, certified or registered mail to the address shown at the bottom of this Agreement. The notice must say that you do not wish to be bound by this Agreement and must be delivered or mailed before midnight of the third business day after you sign this Agreement. Upon cancellation, you will be entitled to a refund of all moneys paid. This Agreement may also be cancelled if you become permanently disabled, die, or if the Studio ceases operation at the location where you entered into this contract.
You may cancel this Agreement at any time by giving 30-day written notice in compliance with the provisions set forth in the ‘Cancellation Procedures’ section as shown in this Agreement.
GENERAL: You have joined the Studio. The Studio may allow you to use Studio facilities at its sole discretion. The hours of operation will be set by the Studio and may be changed at any time in its sole discretion. The Studio expressly reserves the right to add to, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information in this Agreement is the property of Studio and its subsidiaries. This Agreement does not confer on you any ownership interest in the Studio or any of its property.
PAYMENT DEFAULT: If you fail to pay any amount due under this Agreement, the Studio shall be entitled, at any time in its sole discretion, to suspend or cancel your membership and require you to immediately pay all past due balances. Suspension or cancellation shall not relieve you from the obligation to pay any unpaid balances. Any payments owed from you to the Studio that are not received when due shall bear interest at the highest rate permitted by law. If you fail to pay any amount due to the Studio when due, you shall pay all costs and expenses of collection incurred by the Studio, including reasonable attorney fees and expenses.
FREEZE POLICY: Except under extenuating circumstances, including temporary disability, your membership may not be frozen within the term of this Agreement. If you become temporarily disabled for two weeks or more, you may freeze you’re your membership. You must notify Studio staff and pay a $5.00 fee prior to absence dates. Your membership will resume on the date indicated by you.
RELOCATION: In addition to your rights under Members Right to Cancel as set forth above, you may cancel this Agreement if the Studio permanently closes, and another wellness studio operated by the Studio, or assigns of the Studio, is not available within ten miles of the Studio’s original location you intend to patronize. In the event of any such cancellation in this paragraph, you shall be relieved from the obligation of making payment for services other than those received prior to the effective date of cancellation and you shall be entitled to the fair market value for any unused portion of any prepaid dues or initiation fees.
CANCELLATION PROCEDURE: You may cancel this Agreement at any time by giving a thirty-day notice in advance of your next membership payment transaction. To effect any such cancellation, you must deliver written notice to the Studio in accordance with the notice provisions set forth under the /Miscellaneous/ section below. Such notice shall be accompanied by any membership cards or other documents or evidence of your membership previously delivered to you. Cancellation shall be effective on the next monthly dues payment date (provided, that any such notice of cancellation that is not received by the Studio at least 31 days prior to such next monthly dues payment date shall be effective on next succeeding monthly membership payment date). Your membership account must be current and in good standing before the Studio will process any such request to cancel.
HEALTH REPRESENTATIONS AND AGREEMENTS: You represent and warrant to the Studio that you are in good physical condition and have no medical reason or impairment that could prevent you from the intended use of the Studio facilities. You acknowledge that the Studio has not given you any medical advice before you joined the Studio and cannot give you any such advice after you join the Studio, whether related to your physical condition, and ability to use the facilities and services of the Studio or otherwise. You acknowledge and agree that you will discuss any health or medical concerns with your physician(s) or other health professional before using the Studio facilities.
MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Missouri without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of the Studio, consent may be withheld in absolute discretion of the Studio, (iv) if any term or provisions of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable, and (v) all notices permitted or required to be given to the Studio herein shall be given by personal delivery to the Founder and CEO of the Studio shown below or by certified mail, return receipt requested, addressed to the Studio shown below, to the attention of the Founder and CEO.
WAIVER, RELEASE OF LIABILITY, and ASSUMPTION OF RISK AGREEMENT:
ReCharge, hereinafter referred to as “the Studio,” urges Member (or “you”) and all customers to obtain a physical examination from a doctor before using any fitness recovery and wellness equipment. All services, including the use of saunas and use of any and all machinery, equipment, and apparatus designed for recovery or relaxation shall be at your sole risk.
You understand that the agreement to use, or selection of types of equipment shall be your entire responsibility, and the Studio shall not be liable to you for any claims, demands, injuries, damages, or actions arising due to injury to your person or property arising out of or in connection with the use by you of the services, facilities, and premises of the Studio. You hereby hold the Studio, their officers, owners, agents and employees harmless from all claims which may be brought against them by you or on your behalf for any such injuries or claims.
This waiver is incorporated and made a part of the following document as if fully set forth in above Agreement dated . You expressly state and understand that this waiver attaches to the Agreement referenced above and will automatically attach to and become a part of any subsequent renewals of this Agreement, until such time you notify the Studio of your withdrawal of this waiver.
WAIVER AND RELEASE OF LIABILITY
I desire to participate in the recovery and wellness services (the “Activity”) provided by the Studio. In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Studio’s reliance hereon, I agree to all the terms and conditions set forth:
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I ACKNOWLEDGE THAT I AM 18 YEARS OF AGE OR OLDER
2031 Washington Street
Kansas City, MO 64108
Founder and CEO: Jennifer McAtee
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Document Name: Membership Terms and Conditions with Liability Waiver
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