Terms and conditions for Unlimited Classes Per Month (w/ 6 Month Term Commitment Discount)
TERMS AND CONDITIONS
Athena Functional Fitness, LLC d/b/a CrossFit Kingstowne, located at 652 S. Pickett St., Alexandria, VA 22304, and you (“Client”) mutually agree as follows:
1. This Agreement is effective as of the Start Date, and the initial term ends on the End Date (six months after the start date and subject to auto-renewal terms in the Agreement below).
2. Client understands and acknowledges that successful completion of a CrossFit Foundations Course or Foundations Test-Out Class is a mandatory prerequisite to Client’s using any of the other services offered by CrossFit Kingstowne. If Client fails to complete the mandatory Foundations Course or Foundations Test-Out, Client may terminate this Agreement. If Client chooses to terminate this Agreement under this Section 2, CrossFit Kingstowne shall issue Client a refund for all pre-paid services other than for Foundations Courses, Individual Foundations Sessions, or Foundations Test- Out Classes.
3. RECURRING SIX (6) MONTH SUBSCRIPTION. Client agrees to purchase the recurring monthly service subscription described in Paragraph 4 below. This subscription is for a six (6) month service period. Client understands and acknowledges that Client is receiving a discount on the monthly rate in consideration for paying for the entire service period. Each subscription shall automatically renew for subsequent service periods of the same length, at the same payment rate, unless cancelled in writing by CrossFit Kingstowne or Client at least thirty (30) days prior to the beginning of the next service period. This excludes any Holiday Specials; if purchased as part of a holiday promotion the package will renew at the rate of our standard price for monthly memberships at time of renewal. All Holiday Special prices are one time use only. Notwithstanding the foregoing, this Agreement shall automatically terminate thirty-six (36) months from the Start Date, if not earlier termination in accordance with the other provisions of this Agreement.
4. UNLIMITED SESSIONS PER MONTH. Client is entitled to full access to the CrossFit training facility, seven days per week, at any time of day a class is regularly scheduled.
5. Client agrees to pre-pay for each service period by automatic electronic payment (credit card, debit card or automatic checking account draft).
6. Client may put the membership on hold (a “freeze”) for up to three months per calendar year. Client must provide written notice to CrossFit Kingstowne via email at info@crossfitkingstowne.com at least thirty (30) days prior to the first day of the month that Client is requesting to be frozen. CrossFit Kingstowne will not bill Client for service months that are frozen. CrossFit Kingstowne may freeze memberships for longer than ninety (90) days members of the military on temporary duty assignment. Client’s membership shall be extended by the number of frozen service months.
7. CrossFit Kingstowne reserves the right to refuse service to anyone for any reason not prohibited by law. CrossFit Kingstowne reserves the right to cancel Client’s membership at any time for any reason not prohibited by law. If CrossFit Kingstowne terminates Client’s membership pursuant to this Paragraph 7, CrossFit Kingstowne will refund the pro-rata balance of any prepaid, unused membership.
8. Client shall follow all CrossFit Kingstowne client policies as those policies may be amended from time to time with reasonable notice to clients.
9. Client shall follow all instructions or directions from CrossFit Kingstowne staff and trainers while on CrossFit Kingstowne premises.
10. Client has previously signed a CrossFit waiver of liability (“Waiver & Health Info”) which is hereby incorporated by reference.
11. Client should attempt to resolve with CrossFit Kingstowne any complaint Client has with CrossFit Kingstowne. The Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth of Virginia pursuant to the provisions of the Virginia Health Club Act. Client agrees that Client’s sole remedy for any dispute, whether in contract, tort, or otherwise, with CrossFit Kingstowne is to submit to binding arbitration with an arbitrator from the McCammon Group in Fairfax County, Virginia, within six months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, Client will pay half of the costs of the arbitrator and other costs of arbitration, and Client will be responsible for all of the costs for Client's own legal counsel.
12. LIMITATION OF LIABILITY. In no event will either party be liable to the other for any special, incidental or consequential damages, whether based on breach of contract, tort (including negligence) or otherwise, whether or not that party has been advised of the possibility of such damage. The liability of each party for damages or alleged damages hereunder, whether in contract, tort or any other legal theory, is limited to, and will not exceed, an amount equal to the total fees paid by Client.
13. If Client behaves in a grossly negligent, physically threatening, or (after being warned by CrossFit Kingstowne staff) repeatedly unsafe manner, CrossFit Kingstowne may terminate this Agreement immediately without notice. If CrossFit Kingstowne Terminates this Agreement pursuant to this Paragraph 13, Client shall not be entitled to any refund.
14. The headings of the sections of this Agreement have been included only for convenience and do not modify or limit any of the provisions of this Agreement.
15. All portions and provisions in this Agreement are divisible and severable. In the event a portion of this Agreement becomes invalid or unenforceable, all remaining portions of the Agreement will remain binding and enforceable.
16. The various services and schedules of classes offered by CrossFit Kingstowne may vary over time, and such variance is not grounds for termination of this Agreement or issuance of a refund.
17. The laws of the Commonwealth of Virginia govern shall govern this agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in Fairfax County, Virginia.
18. BUYER’S RIGHT TO CANCEL: If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: CrossFit Kingstowne, 652 S. Pickett St., Alexandria, VA 22304. If canceled within three business days, you will be entitled to a refund of all monies paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, physician’s assistant or nurse practitioner’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician’s assistant or nurse practitioner agreeable to you and the health club (cost to be borne by the health club). If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.
NOTICE
ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.