This Agreement is made today (hereinafter, “Effective Date”) between Itwaru Corp. (referred to herein as CrossFit Mount Kisco) and undersigned member (referred to herein as “Member”) attached to this agreement.Both parties agree as follows:
- Term. The Term of this Agreement is 8 weeks from the Effective Date.
- Summer Student Membership.
This Once-Per-8-Weeks Payment Agreement includes three (3) classes per week at CrossFit Mount Kisco for the Term of the Agreement. Summer Student Membership includes all CrossFit, Olympic Lifting and Barbell classes and Skills classes. Any specialty classes, clinics, or programs are excluded from this agreement and are subject to separate fees or payments. Open Gym is not included in this membership. Class schedule is subject to change without notice. Class sign ups are required for attendance and class sign ins are required for participation (See Paragraph 3.3). This Agreement may not be put on hold, frozen, or prorated for extended dates for any reason.
- Membership Dues & Fees.
- The non-refundable fee for this 8-week prepaid membership is $225 cash, check, credit card, PayPal or Venmo and which must be paid in full on or before the Effective Date. This agreement can be renewed but will be subject to any increase in rates that may be implemented. This agreement does not auto renew, unless requested by Member.
- Defaulted payment of 1 or more will result in the cancelation of this Agreement and will be subject to early termination fees discussed in Paragraph 4.
- Active payment method must be maintained on Member's website profile for the Term of the Agreement.
- Class sign ups are required for attendance and class sign ins are required for participation. A class sign up without a corresponding sign in are subject to a non-refundable $5 no-show fee, regardless of the Member's physical presence in the class or event. The Member is responsible for all sign ups and sign ins.
- Consumers Right to Cancellation.
- Member may cancel this Agreement without any penalty or further obligation within three (3) days from the Effective Date.
- Notice of cancellation must be in writing and mailed by registered or certified United States mail to CrossFit Mount Kisco, 25 Hubbels Dr., Mount Kisco, NY 10549.
- All monies paid pursuant to this Agreement shall be refunded within 15 business days of receipt of such notice of cancellation.
- After the three (3) day cancellation period expires, this membership cannot be refunded without special circumstances outlined in the notification described in bullet 2 of this section. Any refunds must be approved by CrossFit Mount Kisco who holds full right of refusal without further explanation. Any approved cancellation may be subject to an early termination fee described in bullet 5 of this section.
- Early termination fee is one full month of current, full-priced 3x Weekly membership.
- Lost Articles.
CrossFit Mount Kisco assumes no responsibility for damaged, lost, or stolen articles.
- Waiver, Release and Assumption of Risk.
- The Member understands and agrees that he/she is voluntarily participating in physical activities which may expose Member to some level of risk or injury, which may include, but are not limited to, the following: injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death; injury or death due to negligence on the part of the Member, training partner or other people around Member; injury or death due to improper use or failure of equipment; and/or injury or death due to a medical condition, whether known or unknown by Member. Member is aware that any of these above mentioned risks may result in serious injury or death. Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.
- Member represents that he/she is in good physical health, and certifies that he/she knows of no medical condition that would increase his or her risk of illness or injury as a result of participation in a fitness program designed by CrossFit Mount Kisco. Member shall notify CrossFit Mount Kisco in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations.
- In consideration of CrossFit Mount Kisco allowing Member to participate in physical activity, Member willingly and voluntarily waives, releases, and discharges CrossFit Mount Kisco and its agents, officers, owners, employees, and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, Member’s participation in CrossFit Mount Kisco fitness programs/classes, including those allegedly attributed to the negligent acts or omissions of CrossFit Mount Kisco’s agents, officers, owners, employees, and/or volunteers.
- In consideration of CrossFit Mount Kisco allowing Member to participate in physical activity, Member willingly and voluntarily agrees to indemnify and hold harmless CrossFit Mount Kisco and its agents, officers, owners, employees, and volunteers from any and all liability or loss (including reasonable attorney fees) from any and all claims of negligence, demands, rights, or causes of action of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen or unforeseen bodily or personal injuries, death, damages to property, and consequences thereof, which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of CrossFit Mount Kisco.
- The provisions of this Paragraph 6, including 6.3 and 6.4, shall be binding upon Member and Member’s successors, representatives, heirs, executors, assigns and/or transferees.
- The provisions of this Paragraph 6 shall continue to full force and effect even after the termination of Member’s membership with CrossFit Mount Kisco.
This Agreement contains the entire contract between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties.
Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.Use of Picture(s)/Film/Likeness
By signing below, Member agrees to allow CrossFit Mount Kisco, its agents, officers, owners, employees and volunteers to use the likeness of Member in picture, video, and/or film for advertising purposes, including on social media and on its website. In the event that Member chooses not to allow the use of his/her likeness for advertising purposes, Member must inform CrossFit Mount Kisco of this in writing.