Terms and Conditions
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Terms and Conditions
LAW APPLICABLE. Kansas State law governs this contract and any litigation proceedings will take place in Wichita, KS.
INVALID PROVISIONS. If any part of this contract is found to be invalid or unenforceable, the remainder of the contract will remain valid and enforceable.
ENTIRE AGREEMENT. Except for the rules, regulations, and schedules posted at the club or issued orally by SPIN.ICT from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any previous oral or written understanding. This contract may only be modified in writing executed by a duly authorized representative of SPIN.ICT. Employees are not allowed to make any independent agreements, representations, or commitments on behalf of SPIN.ICT with new or existing clients.
SIGNERS OF AGREEMENT. If there is more that one person signing this contract, each of you is individually responsible to fully perform all obligations under this contract.
NO WAIVER OF RIGHTS. SPIN.ICT does not waive our right to have future payments made when due if we accept a late or partial payment or delay the enforcement of our rights on any occasion.
TRANSFERS OF MEMBERSHIP. Membership is absolutely non-transferable, non-assignable, and non-cancelable, except as provided in this contract.
DEFAULT. It is your responsibility to know whether this contract is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings. A $35.00 service charge will be assessed for all rejected checks, rejected EFT transfers, or credit/debit card declines, regardless of reason. Should default occur, as determined by SPIN.ICT or its assigns, the entire remaining sum due hereunder shall immediately be due and payable at the option of the owner of this note and shall bear interest at the rate of 18% per annum from the date of default plus all decline and late fees. To the full extent permissible by law, for purposes of collection or any dispute arising presentment hereof for payment, protest, and notice of non-payment and protest. The holder may extend or postpone payment without notice and without discharging the undersigned.
Member is in default if:
A. SPIN.ICT does not receive an installment payment from Member on or before the date it is due; or
B. Member breaks one of the promises under this contract; or
C. Member makes any statement or representation in connection with this contract which is false or incorrect in any material aspect; or
D. Insolvency action are begun by or against the Member. Insolvency includes situations where Member is unable to pay all of their debts as they become due.
ATTORNEY'S FEES AND COURT COSTS. If this contract is given to an attorney for collection, who is not a salaried employee of SPIN.ICT, Member shall pay for all attorney's fees and court costs as allowed by law.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT. Member understands that they have signed a membership agreement and contract for payment. Failure of Member to use the SPIN.ICT membership and utilize programs and facilities does not relieve Member of their liability for payment, regardless of circumstances.
SCHEDULING OF PERSONAL TRAINING APPOINTMENTS
Personal training sessions may not be scheduled for clients without pre-paid, existing personal training sessions or packages active and available for use. In the event that an appointment is scheduled and no pre-paid, existing personal training sessions or packages are active and available for use, client agrees to automatic billing for the full cost of a single personal training session at the rate of a standard single session per the current pricing schedule at the time of the appointment.
APPOINTMENT RESCHEDULING/CANCELLATION POLICY
SPIN.ICT requires a minimum of 2 hours of advanced notice prior to the cancelation or rescheduling of personal training appointments. If less than 2 hours of notice is given prior to the cancelation or rescheduling of a scheduled personal training session, the client will be charged for the full cost of a single personal training session at the rate of a standard single session per the current pricing schedule at the time of cancellation. Client agrees to automatic billing at full price for each session canceled or rescheduled without proper notice per this policy.
If no notice is received by the trainer or SPIN.ICT and the client fails to appear or is more than 15 minutes late for a scheduled training appointment, the client will be charged for the full cost of a single personal training session at the rate of a standard single session per the current pricing schedule at the time of cancellation. Client agrees to automatic billing at full price for sessions canceled without proper notice per this policy.
CLASS CANCELLATION POLICY
If you sign up for a class and you fail to attend or fail to cancel your reservation within 2 hours prior to the scheduled class time, you will be charged for the class at the Drop-in Class rate per the current pricing schedule at the time of cancellation or no show. Client agrees to automatic billing at the full price of a Drop-in Class rate at the time of late cancellation or no-show. You may call the studio to cancel your reservation or you may cancel your class reservation online prior to the scheduled time of the class. In the event of a cancellation, any fees that have been paid in advance will be applied to the attendance of a future class.
MEMBERSHIP SUSPENSION POLICY
SPIN.ICT permits the suspension and/or temporary de-activation of the membership contract under certain circumstances upon advance written notice. There is a $25 fee to suspend memberships and a minimum suspension time of 60 days.
(a) Upon approval and on a, case by case basis, Member may temporarily suspend/de-activate their membership, as approved by SPIN.ICT, upon member’s agreement to pay a suspension fee of $25 per suspension period.
(b) SPIN.ICT will suspend membership at no cost for those affected by medical or military orders only. In order to suspend membership, a statement from a treating physician or orders from a branch of military service must be provided to the customer service staff. Upon receipt of this statement, SPIN.ICT will suspend membership or the portion of membership that has been affected for medical purposes through the date designated in the physician’s orders or through the date designated in the military orders. In the absence of a specific term of suspension as designated by the physician's orders or military orders, the term of suspension will default to a term of 90 days. At the end of the suspension term, the membership will automatically reactivate. SPIN.ICT does not allow retroactive membership suspensions.
MEMBERSHIP TERMINATION POLICY
In order to terminate the monthly contract for payment with SPIN.ICT, member agrees to submit notice of intent to cancel in written form 30 days prior to the expected date of cancellation. Member understands that this does not release the obligation to fulfill the remaining terms of the contract. Upon issuance of 30 days notice of intent to cancel, member agrees to automatic billing for any outstanding account balances in relation to monthly membership and/or package fees, including any late charges or service fees, as well as any other outstanding purchases for retail products or services.
REFUND POLICY
No refunds will be given for any pre-paid services offered by SPIN.ICT including but not limited to gift certificates, personal training sessions or packages, monthly membership dues, annual enhancement fee and/or enrollment fee, regardless of attendance, selected package, membership option or VIP status. Refunds for the purchase of faulty retail items only will be offered in the form of a credit toward SPIN.ICT products or services and will only be offered within 30 days of original purchase of the faulty retail item.
Member Obligations
Member agrees:
1. To abide by all SPIN.ICT policies, to follow the directions of the staff regarding safety and security issues and to treat the staff and other Members in a courteous and respectful manner;
2. To pay monthly dues on time, including notifying SPIN.ICT promptly if banking or credit card information used for automatic payment changes;
3. To pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due;
4. To continue to fulfill the financial obligation of this agreement, except as allowed herein.
ASSUMPTION OF RISK, WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the ""Classes and Facilities"") of SPIN.ICT I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, I shall comply with all stated and customary terms, posted safety signs, rules and verbal instructions given to me by staff. If in the subjective opinion of the SPIN.ICT staff, I would be at physical risk participating in SPIN.ICT's Classes and Facilities, I understand and agree that I may be denied access to the Classes and Facilities until I furnish SPIN.ICT with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing SPIN.ICT's concerns and stating that SPIN.ICT's concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless SPIN.ICT, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or the Facilities, and (3) represent that I (a) have no medical condition that would prevent me from properly using any of SPIN.ICT's Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or mental danger by using the Classes and Facilities at SPIN.ICT, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using SPIN.ICT's Classes and Facilities and should not be participating in the Classes and Facilities.
I acknowledge that my use of the exercise equipment and facilities provided by the company constitute agreement of the following: I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, including theft of property, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and wellbeing of my guest and/or myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
By signing up, I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.