Terms and Conditions

1. DISCLAIMER OF LIABILITY:FitZone LLCurges all members to obtain a physical examination from their physicians prior to initiating any exercise program. FitZone LLC training programs are not designed for individuals with known heart disease with or without functional impairment. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Fitzone LLC, its officers, agents, employees, instructors or assigns and agrees to hold FitZone LLC harmless there from.

2. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.

3. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

4. JURISDICTION: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of California and to the application of California law. Any action hereunder shall be brought Santa Clara County, CA. A condition precedent to any suit or action arising from any dispute between the parties shall first be submitted to private mediation for good faith attempt to resolve it without litigation.
5. ENTIRE AGREEMENT: The Member and FitZone LLC acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties. Notwithstanding the foregoing, FitZone LLC reserves the right to change prices upon 45 days written notice to the member, which shall be provided via U.S. Mail or email to the Member’s contact information provide herein.

6. BUYER’S RIGHTS:
a. Death or Disability: Cancellation of the contract may occur if the member dies or becomes physically unable to avail himself of substantial portion of those services which (s)he used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks remaining the contract term. FitZone LLC may require a buyer or the buyer’s estate seeking relief under this paragraph to proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to FitZone LLC a certification of such disability by a licensed physician, provided the diagnosis or treatment is within the physician’s scope of practice.
b. Permanent Relocation: Should member(s) permanently move their residence more than 10 miles from FitZone’s main location, payment on this agreement will be suspended upon acceptable written verification (cancellation request form) of the move received by FitZone LLC. Notwithstanding a cancellation under this clause, the member shall remain liable for all installment payments prior to the date of move.
c. The member may cancel the contract if FitZone LLC goes out of business and fails to provide equal quality facilities within 30 days at no additional cost within 5 driving miles of, or if its facilities move more than 5 driving miles from 1818 Clear Lake Ave, Milpitas, CA 95035 upon written notice by the member. If the CDCA determines that a refund is due the buyer, refund of this contract shall be an amount computed by dividing the total price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall not be deemed out of business when temporarily closed for repair and renovation of the premises: (1) Upon sale, for not more than 14 days; (2) During ownership, for not more than 7 consecutive days and not more than 2 periods of 7 consecutive days in any calendar year. The member should contact the CDCA within 60 days if FitZone LLC goes out of business.

7. DESCRIPTION OF SERVICES, FACILITIES, AND HOURS: FitZone LLC provides pre-scheduled group fitness classes in a studio that may include treadmills, rowing machines, suspensions straps, dumbbells, medicine balls, aerobic steps, and stability balls. The studio’s operating hours are 6:00am – 8:00pm, Mon-Fri; 10:00am – 2:00pm, Sat-Sun. Member acknowledges and agrees that FitZone LLC reserves the right to make changes to the type and quantity of classes, equipment, or operating hours at its sole discretion, provided such changes do not materially diminish the services being offered by FitZone LLC.

8. CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable, or cancelable except as otherwise provided herein. Notice of intent to cancel by the buyer shall be given in writing, using the cancellation request form available at the studio, with 30 days notice to FitZone LLC. Member may cancel at any time and for any reason. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom FitZone LLC has subrogated or assigned the consumer’s contract. If the FitZone LLC studio wishes to enforce such contract after receipt of such showing, it may request the California Department of Consumer Affairs (CDCA) to determine the sufficiency of the showing.
YOUR 5-DAY CANCELLATION RIGHT:
You, the buyer, may cancel this agreement any time prior to midnight of the fifth business day from signature date of this agreement with FitZone LLC, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to FitZone LLC Milpitas, 1818 Clear Lake Ave, Milpitas, CA 95035 ATTN: Studio Manager.
Upon such cancellation, you may receive a refund of all monies paid under the contract, except that FitZone LLC shall be entitled to retain an amount computed by dividing the number of occasions the FitZone LLC studio was used into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that the health studio services have been rendered. Any refund due shall be issued within 10 days after the receipt of the notice of cancellation made within the five-day provision.