TERMS AND CONDITIONS
WHEREAS,
Member, as identified in the herein GameFit HQ App Membership Contract, and GameFit
HQ, LLC, an Ohio limited liability company, have agreed to the membership(s) and
the term(s), fee(s) and method of payment for such, as indicated in the herein
GameFit HQ App Membership Contract;
NOW
THEREFORE, for and in consideration of the mutual covenants stated in the
herein GameFit HQ App Membership Contract, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereby agree to the following terms and conditions:
1.
EFT/CC Request. To the
fullest extent permitted by law, you authorize us to initiate separate EFT/CC
charges from the account you identify and or any replacement account. (1)
Current Balance Due on Initial Payment; (2) your recurring monthly dues
payments, both during the Initial Term and thereafter; (3) a return fee of $25
for any EFT/CC charge returned unpaid or for nonsufficient funds; (4) any Termination
Fee, if applicable; and (5) any other fee for other services or goods that we
provide you from time to time if you instruct us to bill the charge to your
account on file, as authorized by you at that time. Authorized EFT/CC payments
may be separately initiated or, to the extent permitted by law, combined with
other authorized EFT/CC payments. You have the right to receive notice if a
preauthorized charge varies from the previous amount. If tax rates change to
alter such a charge, including due to transfer of your Membership Contract, you
consent to receive notice only if the charge varies by more than 10%, You may
cancel your EFT/CC authorization by giving us written notice of termination. It
will take effect after we have had sufficient time to allow us and your
financial institution, using commercially reasonable efforts, to act on the
notice. You agree to give us notice if your billing or
account information changes and you authorize us to seek and obtain information
about changes in account numbers and status from third parties, such as your
bank or our credit card processor. If you decide to change your billing
information, a 30-day notice may be required. By signing this Membership
Contract, Member acknowledges that Member is of legal age, has received a
filled-in and completed copy of this entire Membership Contract, has read, and
understood the entire Membership Contract including but not limited to the
EFT/CC REQUEST, the Acknowledgement & Assumption of Risk, the Limitation of
Liability & Full Release of GameFit HQ, Agreement to Arbitrate and all
other terms of this Membership Contract. This Membership Contract constitutes
the entire agreement of the parties and no other agreement or understanding
exists between Member and GAMEFIT HQ regarding the subject matter of this Membership
Contract. GAMEFIT HQ has made no express or implied warranties or
representations, other than those expressly set forth in this Membership
Contract, to induce Member to enter into this Membership
Contract. GAMEFIT HQ recommends that you consult your physician prior to
beginning any exercise or weight loss program. Member hereby consents to the use
of an electronic signature to record Member’s commitment to the terms of this Membership
Contract. Member consents to receiving telephone calls from GAMEFIT HQ, its
affiliates and business partners, at any telephone number Member indicates,
including to receive news of special offers and programs, and for purposes
related to Member's account information. Performance of this Membership
Contract must begin no later than 180 days from the date this Membership
Contract is entered into.
2.
Acknowledgment
& Assumption of Risk. Member acknowledges that the services
purchased hereunder include participation in strenuous physical activities,
including, but not limited to, high intensity interval training, weight
training, stationary bicycling, various aerobic conditioning machinery and
possible various nutritional programs offered by GameFit HQ (the “Physical
Activities”). Member acknowledges these Physical Activities involve the
inherent risk of physical injuries or other damages, including, but not limited
to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints,
heat prostration, knee/lower back/foot injuries and any other illness,
soreness, or injury however caused occurring during or after Member's
participation in the Physical Activities. Member further acknowledges that such
risks include, but are not limited to, injuries caused by the negligence of an
instructor or other person, defective or improperly used equipment,
overexertion of Member, slip and fall by Member, or an unknown health problem
of Member. Member agrees to assume all risk and responsibility involved with
Member’s participation in the Physical Activities. Member affirms that Member is
in good physical condition and does not suffer from any disability that would
prevent or limit participation in physical activities. Member acknowledges
participation will be physically and mentally challenging, and Member agrees
that it is the responsibility of Member to seek competent medical or other
professional advice, regarding any concerns or questions involved with the
ability of Member to take part in the Physical Activities. By signing this Membership
Contract, Member asserts that Member can participate
in the Physical Activities. Member agrees to assume all risk and responsibility
for Member’s exceeding his or her physical limits.
3.
Limitation
of Liability & Full Release. Member fully releases GameFit HQ (as used herein,
“GameFit HQ” means GameFit, LLC, its affiliates, owners, employees, authorized
agents and independent contractors) (the "Releasees") from any and
all liability, claims, demands or other actions that Member may have for
injuries, disability or death or other damages of any kind, including but not
limited to, direct, special, incidental, indirect, punitive or consequential
damages, whether arising in tort, contract, or breach of warranty, arising out
of participation in the services, including, but not limited to, the Physical
Activities, during the Initial Term or any renewal term, even if caused by the
negligence or fault of any of the Releasees.
4.
Memberships.
(a)
Month-to-Month
Membership. First and last month’s payment due up front. Cancel anytime. See
“How to cancel.”
(b)
Annual Billed
Monthly Membership. One-year contract billed monthly. There is a 30-day
cancellation notice and a half remaining balance fee due at early termination.
(c)
Annual
Paid-in-full Membership. One-year contract paid-in-full, up front. There is no
refund for the cancelation of this membership.
(d)
Tanning
Membership. All tanning only memberships are billed monthly and may be canceled
at any time. See “How to cancel.”
Members are limited to one tanning session per day. Members must provide
their own eyewear protection. ONLY 21CFR878.4635 and 21CFR1040.20 approved
eyewear and components as listed in the Tables of the Manufacturers Instruction
Manual as permitted. Members are encouraged to use UV skin protection. Members
must consult a Physician if taking any medications and have regular evaluations
for skin cancer when repeatedly exposed to UV radiation. This product must not
be used when open wounds or skin lesions are present. This product will not be
used by anyone under 18 years of age. Members agree to limit exposure sessions
consistent with the instructions in the Skin Type Sensitivities Tables of the
manufacturers Instruction Manual. A timer will control the operation of the
Tanning Unit. Members will discontinue tanning if experiencing any health
concerns, have had skin cancer, or have a family history of skin cancer. Member
will resume tanning ONLY with the approval of a Physician. The tanning unit is
to be used by ONLY one person at a time. Prior to tanning, the body must be
free of cosmetics, tanning lotions, and body lotions. Prior to tanning, members
are NOT to remove natural body oil.
(e)
Gym + Tanning
Annual Billed Monthly Membership. Combination memberships are subject to the
terms of the contract term and payment schedule. Members are limited to one
tanning session per day. Members must provide their own eyewear protection.
ONLY 21CFR878.4635 and 21CFR1040.20 approved eyewear and components as listed
in the Tables of the Manufacturers Instruction Manual as permitted. Members are
encouraged to use UV skin protection. Members must consult a Physician if
taking any medications and have regular evaluations for skin cancer when
repeatedly exposed to UV radiation. This product must not be used when open
wounds or skin lesions are present. This product will not be used by anyone
under 18 years of age. Members agree to limit exposure sessions consistent with
the instructions in the Skin Type Sensitivities Tables of the manufacturers
Instruction Manual. A timer will control the operation of the Tanning Unit.
Members will discontinue tanning if experiencing any health concerns, have had
skin cancer, or have a family history of skin cancer. Member will resume
tanning ONLY with the approval of a Physician. The tanning unit is to be used
by ONLY one person at a time. Prior to tanning, the body must be free of
cosmetics, tanning lotions, and body lotions. Prior to tanning, members are NOT
to remove natural body oil.
(f)
Gym + Massage
Month-to-month Membership. First and last month’s payment due up front. Cancel
anytime. See “How to cancel.” Member must read and
sign Heal Therapies Consent and Release Form before any services rendered.
(g)
Group Fitness Month-to-month
Membership. 45-minute small group fitness class month-to-month membership. 12
credits per month. Sessions expire after 30 days. Includes gym only access.
First and last month down. Cancel anytime. See “How to cancel.”
(h)
Group Fitness +
Tanning Month-to-month Membership. 45-minute small group fitness class
month-to-month membership. 12 credits per month. Sessions expire after 30 days.
Includes gym access and unlimited tanning. First and last month down. Cancel
anytime. See “How to cancel.” Members
are limited to one tanning session per day. Members must provide their own
eyewear protection. ONLY 21CFR878.4635 and 21CFR1040.20 approved eyewear and
components as listed in the Tables of the Manufacturers Instruction Manual as
permitted. Members are encouraged to use UV skin protection. Members must
consult a Physician if taking any medications and have regular evaluations for
skin cancer when repeatedly exposed to UV radiation. This product must not be
used when open wounds or skin lesions are present. This product will not be
used by anyone under 18 years of age. Members agree to limit exposure sessions
consistent with the instructions in the Skin Type Sensitivities Tables of the
manufacturers Instruction Manual. A timer will control the operation of the
Tanning Unit. Members will discontinue tanning if experiencing any health
concerns, have had skin cancer, or have a family history of skin cancer. Member
will resume tanning ONLY with the approval of a Physician. The tanning unit is
to be used by ONLY one person at a time. Prior to tanning, the body must be
free of cosmetics, tanning lotions, and body lotions. Prior to tanning, members
are NOT to remove natural body oil.
5.
Air
Compression Therapy. Units must be
checked out with a GameFit HQ employee. Users must remain in one of the
designated Recovery Recliners during use.
6.
Personal
Training. Any GameFit HQ member in a Personal
Training contract (3 months or longer) will receive a free GameFit HQ gym only
access membership while under contract. All Personal Training Contracts with a defined term length roll over to a month-to-month term until cancelled.
See your personal training contract for
additional information. If you have
contracted for Personal Training services, the training services represent a
program offered in one-on-one, semi-private, virtual, or group sessions by a
trainer, not the services of any specific trainer. GameFit HQ will use its
reasonable best efforts to provide the best service possible, acknowledging Member
requests (such as trainer gender, age, appointment time, etc.), but does not
represent that such requests can be met (and will not be liable if not met); Member
must sign-up for a session to attend. Sessions, trainers, workouts, and
teachers are not available at all times; scheduled
sessions and workout appointments may fill up quickly (especially during peak
hours). GameFit HQ may sell all services under different rates and terms. GameFit
HQ reserves the right to change, add or discontinue, at any time, any services,
the type, or quantity of services available, the classes or equipment offered,
and hours of availability. Failure to use any services does not relieve Member
of any obligation to pay fees, late charges, and other monies due in full,
except as specifically provided in this Membership Contract. Access to sessions
becomes available at the rate at which Member makes payments. Your right to
access services (including training sessions) expires 30 days after the end of
the initial term, or if this Membership Contract continues beyond the initial
term, 30 days after completion of that additional period. Except as otherwise
provided in this Membership Contract, if sessions (including make-up sessions)
are not used within the aforementioned period, or if Member
is in default, then Member’s right to access services will end. Failure to use
the services does not relieve Member of Member’s obligations (regardless of circumstances)
to pay the fees, late charges, and other monies due under this Membership
Contract in full, except as specifically provided in this Membership Contract.
Note that a monthly extension to reserve access to unused sessions after the
30-day grace may be purchased at the applicable rate. If you have been provided
access to additional sessions, your right to access such additional sessions is
provided based on your contractual commitment to complete the initial term and
is not earned until you have completed all payments for the initial term. Any
additional sessions you use will count against the maximum available sessions
otherwise available to you. (i.e., before accounting for additional sessions)
if you fail to complete this initial term. I understand that my right to access
services expires 30 days after the final payment is processed. I understand
that I can purchase a monthly extension of unused services at the applicable
rate. I understand that if I have access to one-on-one training sessions, such
sessions become available only as I pay for them, and if I fail to show up to a
scheduled session without providing at least 24 hours’ notice of cancellation,
that session will count against my maximum available sessions. Member may purchase any number of sessions in advance with GameFit
HQ. You must sign up for each training session and workout. All one-one-one
training session cancellations must be made 24 hours in advance. Cancellation
requests without 24 hours’ notice will be deemed a “no-show”; if Member
“no-shows” for a session, that session will count against Member’s max
available sessions; (if a trainer “no-shows” and there
is no other trainer available, GameFit HQ will allow Member to use 1 extra
session beyond Member’s max available sessions).
7.
Health
Questionnaire Not Medical Advice.
Member acknowledges that GameFit HQ does not diagnose health problems, does not
provide medical advice nor a substitute for medical attention and GameFit HQ
has advised Member to discuss the appropriateness of the services with Member’s
doctor. The GameFit HQ Health Questionnaire (or any similar questionnaire or
assessment), if given to the Member, is nothing more than guidance for deciding
Member’s goals. The fact that GameFit HQ agrees to provide the services to the Member
based on such a questionnaire or assessment and Member’s representations is not
a medical judgement that Member is medically, physically, or mentally able to
receive the services. The services should not replace any dietary restrictions
or medical recommendations from Member’s doctor. If a Member
has a history of heart disease, he or she should consult a physician before
joining GameFit HQ services.
8.
Cancellation. GameFit HQ reserves the right to cancel any membership
if any terms and conditions of this Membership Contract or other GameFit HQ
rules or policies are violated or breached. In accordance with Ohio state law,
members have three days from the signup date (not including Sunday) to cancel
any membership without penalty. Such a cancellation form will be provided to you. HOW TO CANCEL: To limit your Membership
Contract to the required initial term and your payment obligations to the
minimum required payment schedule, send a written cancellation notice to
info@gamefitnt.com prior to the end of the initial term. If you have not
cancelled, your Membership Contract will automatically continue on a monthly basis after the initial term. To cancel after
the initial term, send written notification to the e-mail address above; no
further dues billings will be due after receipt of your written cancellation
notice (however, if receipt is too close to the scheduled processing date of
your billing, you may still be charged that billing, in which case a refund
will be processed to you).
Alternative Performance – Voluntary
Termination: If this Membership Contract has an initial term with a minimum
required payment schedule, you may also voluntarily terminate this Membership
Contract before the end of the initial term by (1) giving written notice of
cancellation 7 days prior to recurring draft
unless Member is month to month, recommended by email (info@gamefitnt.com) and (2)
paying a fee equal to 50% of the remaining balance due through the end of the
initial term as of the time of such notice, plus tax (if any) and any other
fees incurred, including, but not limited to, any late fees, return fees,
collection fees, etc. (the “termination
fee”).
Additional Rights to Cancellation: (1) If by reason of death or disability Member
is unable to receive benefits of the services: or (2) If Member relocates 25 miles or more from
GameFit HQ and Member gives GameFit HQ written notice that he or she intends to
relocate and requests that this Membership Contract be terminated. This Membership
Contract shall be proportionally divided by all of the days in which GameFit HQ was made available to Member as part of this Membership
Contract, and Member shall be liable for payments for only that portion of the
services offered under this Membership Contract that can be attributed to the
period prior to Member’s death/disability,
Members verified relocation or closure of GameFit HQ of enrollment as
provided above (whichever the case may be, and exclusive of any period of time
in which the GameFit HQ was made available to Member free of charge as part of
this Membership Contract). Within 10 days after receiving notice of the above, GameFit
HQ shall return to Member (or Members rep) the amount paid in
excess of the proportional amount. Notice regarding any of the above
items should be made in writing and delivered to info@gamefitnt.com.
9. Member’s
Default. Member
will be deemed in default of this Membership Contract upon the failure to
comply with any of the terms or conditions of this Membership Contract,
including, but not limited to, the obligation to make payments when due. Upon
default, Member will not be able to access the services provided in this Membership
Contract, including any unused, accrued sessions, and GameFit HQ will have all
rights and remedies available, including termination of this Membership
Contract and institution of an action for all applicable damages. If GameFit HQ
delays or refrains from exercising any rights under this Membership Contract, GameFit
HQ does not waive, nor will GameFit HQ lose those rights. If GameFit HQ accepts
late or partial payments from Member, GameFit HQ does not waive the right to
receive full and timely payments and other charges due under this Membership
Contract. Nothing in this Membership Contract precludes or prevents Member from
asserting defenses against GameFit HQ based on GameFit HQ’s failure to deliver
the services in response to any effort by GameFit HQ to collect payments or
other sums due under this Membership Contract.
10. Dues.
You agree to pay dues in advance as provided in this Membership Contract.
Termination will be effective only if the procedures described in this Membership
Contract are followed. Failure to use the services will not relieve you of your
payment obligations, regardless of the circumstances, except as provided in
this Membership Contract. In no event will this Membership Contract require
payments or financing or extend for a period that would give rise to a retail
installment contract or be greater than that permitted under the laws of this
state. GameFit HQ makes no warranties or representations, express or implied,
other than those set forth in this Membership Contract, and your sole and
exclusive remedy in the event of any breach of this Membership Contract by GameFit
HQ will be cancellation of this Membership Contract (unless otherwise
prohibited by law). IN NO EVENT WILL GAMEFIT HQ BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. In addition to the dues, fees and charges
provided for in this Membership Contract, you agree to pay a $25 services fee
for any item or direct charge memo not paid by your financial institution or
account when presented for payment by GameFit HQ.
11.
Policies:
Appointment Cancelation Policies. 24-hour
cancelation policy for all Personal Training appointments. Inside the 24-hour
cancelation window, credits / payments will be deducted. 4-hour cancelation
policy for all Tanning and Recovery appointments. Inside the 4-hour cancelation
window, credits / payments will be deducted.
Guest Policy.
All guests must register with a GameFit HQ staff member. GameFit HQ members are
prohibited from allowing GameFit HQ access of any kind to an unregistered
guest. Failure to comply with this policy will result in an automatic Guest Fee
charge of $15 to the card or account on file. The second offense will result in
termination of your GameFit HQ contract without refund. One-day pass: $15. One-week
pass: $30
Video/Camera Policy. We support photos/videos, but any filming
that interferes with or disrupts another member’s workout will not be
tolerated. Please use common sense and be respectful. Any professional filming
or photoshoots must be approved by GameFit HQ staff. Share your pictures and videos with us on
Instagram and Facebook @gamefithq!
Theft Policy.
GameFit HQ is under 24-hour surveillance. If you suspect you have lost,
misplaced, or had an item of your belongings stolen, please report to a GameFit
HQ employee immediately. We will do our best to help you, but GameFit HQ IS NOT
responsible for any lost, misplaced, or stolen items.
Violation
of Policy. Failure to comply with any GameFit
HQ policy may result in termination of membership without refund.
12. Posing Room Rules.
1. Be respectful and timely when
others are waiting to use the room.
2. Do not leave the Posing Room
without proper gym attire.
3. Do not bring any weights or
equipment into the Posing Room. Do not remove anything from the Posing Room.
13. GameFit
HQ Commandments.
1. Behave with kindness, honor, and
respect.
2. Throw away all trash and clean up after
yourself.
3. Sanitize equipment after use.
4. Re-rack all weights and put away all
equipment.
5. Do not drop weights.
Use bumper plates for deadlifting and ground-based power lifting exercises.
6. Do not lean on the dumbbell weight rack.
Always stand 3 feet clear of the rack.
7. Personal audio must be contained to headphones.
8. No personal training is allowed unless
approved by GameFit HQ management.
9. Follow the camera / video policy.
10. Shirts and shorts must always be
worn, unless in the Posing Room or private rooms.
11. Do not take gym equipment into
private rooms.
12. Gym bags must be placed tucked
away from aisles and common areas.
13. If you do not know how to use a
machine, ask the staff for assistance.
14. ALWAYS
scan in before entering. All guests must be checked in by a GameFit HQ employee
and provided a guest pass.
14. Notices:
Unless otherwise provided in this Membership Contract, all notices to GameFit
HQ must be in writing and e-mailed to info@gamefitnt.com. A notice should
include sufficient information to identify the Member, such as Member name,
number, address and or e-mail address; use of a GameFit
HQ provided form is recommended. All notices to Member will be emailed to the
address member has provided above or to such other address that member agrees
to notify GameFit HQ of in writing in accordance with this paragraph.
15. Agreement
To Arbitrate.
IN THE EVENT OF ANY DISPUTE (OTHER
THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN
YOU AND GAMEFIT HQ (“GAMEFIT HQ” AS USED HEREIN MEANS GAMEFIT HQ, ITS
AFFILIATES, OWNERS, EMPLOYEES AND AGENTS), YOU AND GAMEFIT HQ CONSENT TO
ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES
OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR GAMEFIT HQ
CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND GAMEFIT HQ ALSO AGREE
THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES
BETWEEN YOU AND GAMEFIT HQ. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION
PROVISION, YOU MUST NOTIFY GAMEFIT HQ IN WRITING INFO@GAMEFITNT.COM WITHIN 30
DAYS OF THE DATE YOU FIRST RECEIVE THIS MEMBERSHIP CONTRACT, STATING THAT YOU
DO NOT WANT TO RESOLVE DISPUTES WITH GAMEFIT HQ BY ARBITRATION. IN ADDITION,
YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION,
CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING
ANOTHER PERSON'S ACCOUNT IF GAMEFIT HQ IS A PARTY TO THE PROCEEDING. THE
ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION
PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT
PART, THE ENTIRE ARBITRATION PROVISION
SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE
ACTION IN COURT.
16. No
Refunds or Assignment by Member. No refunds will be made for services
purchased except as specifically provided in this Membership Contract. Member may not sell,
assign, or transfer this Membership Contract and any such attempt will be void.
This Membership Contract is fully assignable by GameFit HQ.
17. Enforceability.
The parties agree that if any provision or portion of this Membership Contract
is declared void and unenforceable, such provision or portion of a provision
will be deemed severed from this Membership Contract, which will otherwise
remain in full force and effect. Further, if any such provision or portion of a
provision may be reduced and/or narrowed in scope or the like, such provision
or portion of a provision will be reduced, narrowed and/or the like, and so
enforced. Other Terms Unless otherwise provided, the enrollment fee, and any
processing fee, are non-refundable. Neither is a prepaid sum for services; they
merely entitle you to buy services by paying dues and other applicable charges.
18. Additional
Terms. All information and material of a personal or private nature that is
acquired directly or indirectly from a Member including but not limited to,
answers to tests or questionnaires, photographs, or background information,
shall be returned by GameFit HQ to the Member by regular mail within thirty days
after the expiration of this Membership Contract or after the expiration for
any reason of the service to be rendered by GameFit HQ. Member shall not be required to pay more than
fifty dollars or ten percent of the total contract price, whichever is the
lesser amount, prior to the date on which the facility or service that is the
subject of the Membership Contract is available for use by the Member.
19. Governing
Law. This Membership Contract will be governed and enforced in accordance
with Ohio law.
