Shred512 Fitness

• As a recurring dues member, you are agreeing to pay for your Shred512 Fitness membership on a recurring dues basis.
• If your recurring dues membership is for a term of one month or less, then you have a month-to-month membership (“M2M”). You may cancel your M2M membership at any time with a 30-day advance written notice in the form of a Cancellation Form (required) - Email/Text/Phone Call are not acceptable ways of cancellation. Cancellation Form is required to cancel membership, no exceptions. The Cancellation Form must be completed with 30 days notice. 
• If your recurring dues membership is for a term greater than one month, then you have a fixed term membership (“Term”). Term memberships are subject to auto-renewal, and, with limited exception (as described below), may not be cancelled during the initial term. All commitment memberships go month to month after the commitment until a 30 days written notice is received. Cancellation Form is also required to cancel membership, no exceptions. The Cancellation Form must also have a 30-day advance written notice. 
• Your recurring dues billing will begin on [firstinstallmentdate] and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.
• You expressly authorize Shred512 Fitness, or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.

 

The words "you" and "your" mean the Member listed above. The words "we", "our", and "us" refer to Shred512 Fitness LLC. This contract (this "Agreement") is between you and us. To enter a Family Add-on Membership, a member of your immediate family must hold an active membership. To enter a Corporate Membership, your Company must have 10 participants and 10 active corporate memberships. 

 

CONSENT TO AUTO-RENEWAL (All references to “I” or “me” in this section shall refer to you)

M2M MEMBER: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide Shred512 Fitness with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues, fees and charges associated with my account. Filled out and completed club Cancellation Form is required to cancel membership. The returned completed club Cancellation Form is dated from the date received. This date starts the 30 days written cancellation notice. No cancellation is complete without a filled out, completed and returned club Cancellation Form. If member has past due balance, the cancellation cannot be completed until all past due payments are made with all associated fees applied. 

AUTOPAY: Our autopay cancellation policy states you must always make one additional payment after termination form is completed 

TERM MEMBER: I understand that my Agreement is for a fixed initial term and that, unless I provide Shred512 Fitness with a written notice of cancellation at least 30 days prior to the end of my initial term, my membership will automatically roll over to a month-to-month agreement cancellable at any time by me with a 30-day advance written notice. Filled out and completed club Cancellation Form is required to cancel membership, no exceptions. The returned completed club Cancellation Form is dated from the date received. This date starts the 30 days written cancellation notice. No cancellation is complete without a filled out, completed and returned club Cancellation Form. If member has past due balance, the cancellation cannot be completed until all past due payments are made with all associated fees applied.  Once in auto-renewal, also called ‘Evergreen Status,’ I consent to continue paying Shred512 Fitness dues in the amount of $[firstevergreenamt_inctax] per month, subject to all other terms of this Agreement.
Buyer's Acceptance: (electronic signature) [buyer] [signature1] Date [agreedate]

AUTHORIZATION FOR PREAUTHORIZED PAYMENTS (All references to “I” or “me” in this section shall refer to you)
By signing below, I am authorizing ClubReady, LLC (“ClubReady”), a third-party billing company located at 14515 N. Outer 40 Rd, Ste. 300, St. Louis, MO 63017, to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) ClubReady may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; (e) charges may appear in my bank statement under the prefix “CLR” followed by my club’s name, phone number and state; (f) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than $50.00 from my most recent payment; (g) billing inquiries can be directed to ClubReady at 1 (800) 405-4818. I expressly authorize ClubReady, and any of its subsidiaries or affiliates, to contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note SMS text charges may apply).
Buyer's Acceptance: (electronic signature) [buyer] [signature2] Date [agreedate]

CANCELLATION RESCISSION. YOU MAY RESCIND THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE DATE YOU SIGNED THE AGREEMENT. ALL RESCISSION NOTICES MUST BE MADE IN WRITING AND DELIVERED IN PERSON OR SENT BY REGISTERED OR CERTIFIED MAIL TO: Shred512 Fitness 1245 Main St Buda TX 78610.
CANCELLATION RIGHTS. After expiration of the three-day rescission period, you may cancel this Agreement only if you qualify as follows:
(a) You die or become permanently disabled. If, by reason of death or permanent disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A "permanent disability" means a condition which completely prevents you from using the facilities. Shred512 Fitness reserves the right to have your permanent disability verified by a physician. Shred512 Fitness shall retain the value for services already provided prior to your death or the onset of permanent disability. Shred512 Fitness shall retain the value for services already provided prior to your death or the onset of permanent disability.

TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a M2M member, you may terminate this Agreement at any time by providing Shred512 Fitness with a 30-day advance written notice. Cancellation Form is also required to cancel membership, no exceptions. The Cancellation Form must also have a 30-day advance written notice.  Example: If a membership recurs on the 8th of each month, the cancellation form must be filled out and returned in the hands of Shred512 Fitness before the 8th to not incur the following months membership dues. If the membership Cancellation Form is filled out past the 8th (of the example) then member is responsible for the following months dues and will be able to still utilize the facility for those full 30 days of that extra month, no exceptions.  There is no early termination fee for a M2M membership. If you are a Term member, unless you rescind or cancel your membership as stated in this Agreement, then your membership cannot be cancelled until the expiration of your fixed initial term. Filled out and completed club Cancellation Form is required to cancel membership, no exceptions. The returned completed club Cancellation Form is dated from the date received. This date starts the 30 days written cancellation notice. No cancellation is complete without a filled out, completed and returned club Cancellation Form. If member has past due balance, the cancellation cannot be completed until all past due payments are made with all associated fees applied.   To avoid rolling over into auto-renewal, you must provide Shred512 Fitness with written notice of cancellation at least 30 days in advance of the expiration of the initial term.  Filled out and completed club Cancellation Form is required to cancel membership, no exceptions. The returned completed club Cancellation Form is dated from the date received. This date starts the 30 days written cancellation notice. No cancellation is complete without a filled out, completed and returned club Cancellation Form. If member has past due balance, the cancellation cannot be completed until all past due payments are made with all associated fees applied.    If your membership auto-renews, you may cancel at any time without penalty by providing Shred512 Fitness with a 30-day advance written notice. Filled out and completed club Cancellation Form is required to cancel membership, no exceptions. The returned completed club Cancellation Form is dated from the date received. This date starts the 30 days written cancellation notice. No cancellation is complete without a filled out, completed and returned club Cancellation Form. If member has past due balance, the cancellation cannot be completed until all past due payments are made with all associated fees applied.  Whether you are a M2M or Term member, once Shred512 Fitness receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle. Shred512 Fitness does not prorate any membership dues for any type of membership. 
REFUNDS. If you properly rescind or cancel your membership, Shred512 Fitness will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law.
NOTICE. All notices under this Agreement may be delivered in person to the club, or sent via certified mail to Shred512 Fitness 1245 Main St Buda TX 78610.

AUTOPAY: Our autopay cancellation policy states you must always make one additional payment after termination form is completed 

FINAL PAYMENT: The final payment will include the use of the studio for one month after the payment is made. 

TRANSFERS: Each month purchased is non-transferable and non-refundable.

FREEZE $15 fee is applied every 30-days for freezing account, until account is again activated. Freeze request must be requested at least 7 days prior to the freeze start date to allow time to process. A freeze on the account can be used for up to 4 months at a time. Medical related freezes have the fee waived, only applicable when medical leave is directly related to members medical need. Freeze request form is REQUIRED to be filled out and returned 7 days prior to the freeze request date, and must be turned into Shred512 Fitness. 
RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY
USING THIS FACILITY OWNED BY [irslegalname] D/B/A Shred512 Fitness, OR ANY OTHER Shred512 Fitness FACILITY, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY Shred512 Fitness, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE [irslegalname], AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF Shred512 Fitness, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING Shred512 Fitness FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN Shred512 Fitness ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND Shred512 Fitness ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT Shred512 Fitness. SHRED512 FITNESS IS RELEASED OF ALL LIABILITY IN AND SURROUNDING THE STUDIO. SHRED512 FITNESS HAS THE RIGHTS TO USE OUTDOOR SPACE SIDEWALKS AND GRASS AS ADDITIONAL FITNESS SPACE; SHRED512 FITNESS IS NOT RESPONSIBLE FOR ANY LIABILITY IN OUTDOOR SPACES. 
GENERAL RELEASE AND LIABILITY 
I (the “Client”) voluntarily desire to participate in physical exercise training classes conducted on behalf of Shred512 Fitness LLC Location 1245 Main Street Ste 110 Buda Texas 78610. (the “Studio”) and understand agree to the following:
1. Client agrees to assume full responsibility while voluntarily participating in any training class at the Studio or the Facility at Client’s sole risk and discretion. Client shall abide by any rules and regulations for use of the Studio or Facility which may be promulgated from time to time by the Studio.
2. Client understands and agrees that there is a risk of injury associated with participation in any exercise program and that there exists the possibility for certain conditions occurring during or following training and/or exercise. These may include, but are not limited to, mild lightheadedness, fainting, abnormalities of blood pressure or heart rate, ineffective heart function in rare instances, heart attack or stroke. The reaction of the cardiovascular system to such activity cannot be predicted without complete accuracy.
3. It is strongly recommended that Client receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. The Studio’s training programs are not designed for individuals with known heart disease with or without functional impairment.
4. Client has been informed that any fitness program includes possible risks and all exercises shall be undertaken at Client’s sole risk and discretion. Client assumes full responsibility for any and all damages, injuries or losses that may be sustained or incur, if any, while participating in any studio exercise program or physical activity. Client hereby waives all claims against the Studio, the Facility, the Studio instructors, officers, directors, employees or agents of either and/or any successor assigns or and all claims, demands, injuries, damages, actions, or causes of action, whatsoever to my person or property arising out of or connected to the services, facilities, exercise classes, or the facility where same is located (including the Studio and/or the Facility, as applicable). Client hereby agrees to indemnify defend, hold harmless, release and discharge the Studio and Facility from all claims, demands, injuries, damage actions causes of action and from all acts of active or passive negligence on the part of the Studio, the Facility, the Studio instructors, their servants, agents, employees, and/or any successors and assigns, whatsoever, for any damages, injuries or losses that may be sustained by the Client arising from or in connection with the activities that Client voluntarily participates, including without limitation, attorney’s fees, costs, and expenses of any litigation, arbitration or other proceeding.
5. 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, 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, form any and all claims, demands, damages, rights of action or cases of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of said equipment and facilities. 
6. 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. 
7. I agree to be solely responsible for the safety and wellbeing of my guest and myself. 
8. 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 manor inconsistent with its intended design and purpose. 
9. I understand and acknowledge that the use of the exercise equipment involves risk of serious injury, including permanent disability and death. 
10. 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. 

As valid consideration for (i) entry into the premises of any Shred512 Fitness wellness center (the “Premises”): (I) participation in activities and classes offered on the Premises (“Fitness Programs”); and (iii) use of the equipment located on the Premises and other services offered, I agree as follows:

 

1) I may elect to participate in Fitness programs offered on the Premises during which I will receive information and instruction about exercise, fitness, yoga and health. These Fitness Programs may entail strenuous physical activity and exertion by me. I am fully aware of and assume the risks and hazards in incident to such participation.

2) I understand that is my responsibility to consult with a physician prior to engaging in physical activity or participating in the Fitness Programs, and to receive prior approval. I represent and warrant that I am physically fit and I have no medical condition or injury that would prevent me from  using the equipment on the Premises or participating in any Fitness Program. I have not been advised by a healthcare professional to refrain from participating in strenuous activities. I understand that I am responsible for determining whether I am physically and medically able to participate or whether I should discontinue my participation in any physical activity at any time. I understand that Shred512 Fitness, LLC is parents, affiliates, franchisees, business partners and any of their employees or contractors (collectively “Shred512 Fitness”) assume no duty to me to ensure my physical or medical ability to participate in any physical activity, whether before, during or after such activity.

3) I acknowledge that physical activity may cause injury. I understand that there is inherent risk of injury when choosing to participate in any physical activity. I understand and am fully aware that my participation in physical activities on the Premises could result in serious injury and/or death to myself and others, including but not limited to paralysis or permanent disability. Further, severe social and economic losses may result not only from my own actions, inactions, negligence, or recklessness but from the actions, inactions, negligence or recklessness of others. There may also be other risks not known or reasonably foreseen at this time. I agree to assume the full risk of any injuries or associated damages or loss which I may sustain.

4) I agree that I will not utilize any equipment on the Premises unless and until I have inquired about and understand the proper use and I will operate such equipment in strict accordance with instructions.

5) In the event of any emergency, I authorize Shred512 Fitness to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for the payment of any and all medical services rendered.

6) I, for myself and on behalf of my heirs, executors and administrators, forever release and discharge Shred512 Fitness, LLC, its parents, affiliates, franchisees, business partners and any of their employees, contractors, past , present and future directors, principals, owners, subsidiaries, divisions, affiliates, agents and officers, collectively (the “Released Parties”), of and from any and all liabilities, claims, demands and causes of actions (including reasonable attorneys fees and costs) based upon personal injuries or illness (including death), damages or loss to myself and others, as well as property damage (i) arising out of or relating to my participation, whether passively or actively in any Fitness Programs or other activities on the Premises, including but not limited to my use of any equipment or services; or (if) occurring on the Premises, including but not limited to my use of any locker room area, associated sidewalks and parking areas. I agree not to bring any suits, claims, causes or action, demands or legal actions against the Release Parties. The release contained herein will be construed to apply to the greater extent permitted by law and, if permitted by law, will apply even if any such injury or damage is caused in while Orin part by the Released Parties’ own negligence or willful conduct of any other patron which is on the Premises or who is participating in any Fitness Program.

7) I, for myself and on behalf of my heirs, executors and administrators, agree to indemnify and hold harmless the Released Parties, against all actions, claims, demands, whatsoever, which may in any way arise out of or result from my acts or omission on the Premises. The indemnity contained in this paragraph will apply even if any such injury or damage is caused, in part, by the Released Parties’ own negligence.

8) I understand that it is my continuing responsibility to inform Shred512 Fitness staff of any previous medical conditions, injuries or surgeries prior to participating in Fitness Programs or using equipment.

9) I understand that there may be physical adjustments to my person by the staff from time to time and that it is my responsibility to let the staff member know if I prefer to be touched or adjusted.

10) I acknowledge that if I am pregnant or may be pregnant, it is my responsibility to consult my physician prior to participating in Fitness Programs or using equipment.

11) I understand that Shred512 Fitness may, in its sole discretion, determine that I am unable to participate in a Fitness Program, whether due to overcrowding, tardiness or for other non-discriminatory reasons and I release and hold the Released Parties harmless from any claims as a result of the same.

12) I understand that by participating in any Fitness Program at Shred512 Fitness I am allowing myself to be filmed and photographed both for security and marketing purposes. Fitness Programs may be filmed or photographed without prior notice and used for promotional purposes on the website, social media, print or television ads, in the studio, and anywhere else necessary.

13) In the event any provision of this Consent, Release and Waiver is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.

14) If a dispute arises under this Consent, Release and Waiver, the parties agree that all disputes, controversies, or claims shall be submitted to binding arbitration and decided on an individual basis and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is acknowledged, understood and agreed that any such arbitration will be final and binding and that agreeing to arbitration, the parties are waiving their respective rights to seek remedies in court, including the right to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to their Consent, Release and Waiver, whether based in contract, tort, statute (including any federal or state statute, law, ordinance, or regulation), or any other legal theory. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual finding or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act. Otherwise, the terms of this Consent, Release and Waiver shall be governed by the laws of the State where the injury occurs. Unless otherwise agreed by the parties, any arbitration will take place in the State and County where the injury occurs. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties.

15) I understand that IN NO WAY SHALL THE RELEASED PARTIES BE LIABLE FOR LOSS PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONSENT, RELEASE AND WAIVER (HOWEVER, ARISING, INCLUDING NEGLIGENCE). The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply and I may have rights in addition to those contained herein.

16) In the event any action for equitable relief, injunctive relief or specific performance is filed, or should be any action be filed to confirm, modify or vacate any award rendered through compulsory binding arbitration, I hereby irrevocably agree that the form for any such suit will lie with a court of competent jurisdiction in the State and County where the injury occurs, and hereby agree to the personal jurisdiction and venue of such court.

17) I agree that this Consent, Release and Waiver may be assigned or transferred to, and will be binding upon and will inure to the benefit of, any successor of Shred512 Fitness LLC, its parents, affiliates, and franchisees and any successor will be deemed substituted for all purposes. As used herein the term “successor” will mean any person, firm, corporation, or business entity which at any time, whether by merger, purchase or otherwise, acquires all or substantially all of the assets of the business of another entities. This Consent, Release and Waiver cannot be assigned by me.

18) I, the undersigned, have thoroughly read this Consent, Release, and Waiver and I understand that I am giving up substantial rights by signing it. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and conditions of this Consent, Release, and Waiver. I am signing this Consent, Release and Waiver knowingly, voluntarily and without any inducement.

19) This Consent, Release and Waiver replaces all earlier versions and constitutes the entire and exclusive agreement between parties relating to eh subject matter hereto and supersedes any oral or towery written understanding. However, Any membership Agreement and any other non-conflicting documents executed contemporaneously with this Consent, Release and Waiver are to be read in conjunction with this document and are not superseded by their document. This Consent, Release and Waiver may only be modified in writing by the parties.

20) Any email address provided in connection with this document and/or registration for entry into a Shred512 Fitness wellness center may be used to provide information, promotions and marketing materials. Please refer to the Shred512 Fitness Privacy Policy found on our website for additional information.

 

 

MEDICAL CONDITIONS. BEFORE USING Shred512 Fitness’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE Shred512 Fitness FACILITY AND SHALL INDEMNIFY Shred512 Fitness, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
PROOF OF MEMBERSHIP (IF APPLICABLE TO LOCATION, NOT ALL SHRED512 FITNESS LOCATIONS WILL UTILIZE THE MEMBERSHIP CARDS). You will receive one membership card (the "Membership Card") from Shred512 Fitness and must present it to the reception desk personnel each time you enter a Shred512 Fitness studio. Lost membership cards will be replaced for a fee which may be adjusted from time to time. The card must be replaced if lost. Membership privileges are limited to the person in whose name the membership is issued.
CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to a Shred512 Fitness manager at Shred512 Fitness 1245 Main St Buda TX 78610, or call 512-760-5121.
CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify Shred512 Fitness in writing of any changes in your billing information, address or telephone number. You expressly permit Shred512 Fitness, or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
DRESS CODE. Proper athletic attire is required. Shred512 Fitness reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all Shred512 Fitness facilities.
DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this Agreement, Shred512 Fitness will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under this Agreement is past due for more than 90 days. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 2 PAST DUE, YOU WILL BE CHARGED A LATE FEE. Subject to state and federal law.
LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a Shred512 Fitness facility. Shred512 Fitness shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
DESCRIPTION OF SERVICES; HOURS OF ACCESS.
Shred512 Fitness is a boutique studio fitness class studio providing functional training. Hours of operation are anywhere from 5am to 8pm weekdays and limited hours on the weekend. Hours are subject to change at anytime. 

NON-DISCRIMINATION. Shred512 Fitness represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.
MEMBERSHIP TERMINATION. We reserve the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, we will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.
DISPUTE RESOLUTION (U.S.). OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH Shred512 Fitness, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH Shred512 Fitness; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR CLUB OF ENROLLMENT. YOU AND Shred512 Fitness FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT IF Shred512 Fitness IS A PARTY TO THAT PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO Shred512 Fitness AT Shred512 Fitness 1245 Main St Buda TX 78610 WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY Shred512 Fitness IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
ENTIRE AGREEMENT. Verbal agreements with a Shred512 Fitness employee will not be accepted as valid. Only this Agreement, and all rules and regulations of Shred512 Fitness, as revised from time to time, constitute the entire and exclusive agreement between you and Shred512 Fitness, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

CONSENT TO CONTACT. By signing below, you are giving Shred512 Fitness and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone at the number provided for any matter related to your account, including collection of monies owed, alerts and/or notices regarding your purchased services, and promotions that may be of interest to you. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of Shred512 Fitness and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ENTIRE DOCUMENT OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND MEMBERSHIP AGREEMENT, AND FUTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. 

Buyer's Acceptance: (electronic signature) [buyer] [signature3] Date [agreedate]