CrossFit Merge Membership Terms

Here are the membership terms and conditions for CrossFit Merge.

EFT Request and Authorization:  Client hereby authorizes CrossFit Merge or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by CrossFit Merge for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit Merge under the terms and conditions of this Agreement.  Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals.  Client may change the account designated herein upon thirty (30) days written notice to, and approved by, CrossFit Merge.  Client may timely notify the financial institution in control of Client’s account to terminate this Request, buy such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law.  CrossFit Merge or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur.  Re-submit unpaid EFT draft-ten dollars, unpaid EFT draft (after re-submittal)-fifteen dollars, unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars.  Payments received more than ten (10) days after the due date are assessed a late fee-fifteen dollars.

FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES.  The service being requested is for coaching designed to progress you toward ELITE FITNESS.  The agreement is for coaching services over a specific period of time during which the member is eligible to partake in any and all activities in accordance with their membership package.  This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period. 

REFUNDS:  No refunds shall be made for services purchased, except as specifically provided in the Agreement.

PAYMENT & BILLING:  Client has two options for payment: (1) Payment in full may be made for all services, or  (2) Monthly payment by credit card or EFT per the above stated terms.  Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account

CLIENT’S RIGHT TO CANCEL:  The Client may not terminate or cancel the Agreement except as follows:  (1)  If by reason of death or disability, Client is unable to receive all CrossFit Merge services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and (2) In the event the Client moves further than 25 miles from CrossFit Merge, Client may terminate this agreement by supplying proof of new residence. If client has prepaid any sum for services, so much of such sum as is allocatable to services client has not taken shall be refunded.

CLIENT’S RIGHT TO HOLD:  The Client may, for periods of one week or longer, “put on hold” the Agreement if the Client is out of town or injured and unable to attend classes.  The request to place the Agreement on hold must be submitted via email at least one week prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions:  Client is injured or sick, or Client is pregnant and/or has had a baby.  In both cases the return date will be mutually determined based on the recovery and recuperation of the Client.

CLIENT’S DEFAULT:  Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due.  Upon default, CrossFit Merge shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages.  If CrossFit Mergedelays or refrains from exercising any rights under this Agreement, CrossFit Merge does not waive, nor will CrossFit Merge lose those rights.  IfCrossFit Merge accepts late or partial payments from the buyer, CrossFit Merge does not waive the right to receive full and timely payments and other charges due under this Agreement.

SUCCESSORS AND ASSIGNS:  Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.

ENFORCEABILITY:  The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.  However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.

GOVERNING LAW:  This Agreement shall be governed and enforced in accordance with the laws of the State of California.  In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, CrossFit Merge and Client agree that the venue for such action shall exclusively be Los Angeles County, California.

ATTORNEY FEES:  In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

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