Performix House Membership Contract
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Please choose the membership tier you would like to purchase
Tier One ($250 a month, six month contract)
Tier Two ($500 a month, six month contract)
Tier Three ($900 a month, six month contract)
PERFORMIX HOUSE MEMBERSHIP AGREEMENT TERMS
I agree to the membership agreement
1. MEMBER’S RIGHT TO CANCEL: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THIRTY (30) DAYS FROM THE DATE OF THIS AGREEMENT. Notice of cancellation shall be provided in writing by Buyer and mailed by registered or certified United States mail to the Seller at: Performix House, LLC - Member Services, 80 5th Ave, New York, NY 10011. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Buyer.
A) I understand that all Performix House monthly paid membership agreements are for a minimum of six (6) months and all quarterly and annually paid memberships agreements are for a minimum of twelve (12) months, after which I may terminate membership at any time by providing thirty (30) days’ written notice by certified/registered mail or e-mail to firstname.lastname@example.org.
B) I understand that early termination of this Agreement after the first thirty (30) days of membership will result in an early termination fee of equal to the entirety of my contracted membership obligation.
2. ADDITIONAL CANCELLATION RIGHTS: You may also cancel this Agreement by providing Thirty (30) days’ written notice by certified/registered mail or e-mail to email@example.com for any of the following reasons:
A) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six (6) months;
B) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing;
C) If you move your residence more than twenty-five (25) miles from any Performix House operated by Seller (must provide satisfactory proof of new residence);
D) If, within the first six (6) months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment and reason for termination); provided that any Member cancelling under this Section 2(d) shall be required to pay an early termination fee of $100.
E) If the services of the PH cease to be offered as stated in the contract.
3. ALL MONIES: except initiation fee, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the Seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the Seller may demand the reasonable cost of goods and services which the Buyer consumed or wishes to retain after cancellation of the contract. In no instance shall Seller demand more than the full contract price from the Buyer. The Member/Buyer will be liable for early cancellation of the remaining balance of the contract. If the Buyer has executed any credit or loan agreement to pay for all or part of the health PH services, such negotiable instrument executed by the Buyer shall also be returned within fifteen (15) days. Member/Buyer shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement. Member agrees that if Member received any free months as an inducement to enter into this Agreement as a result of referring new members or for any other reason (sometimes referred to as “promotional months”),such free/promotional months shall not be considered in computing the amount of any refund to which Member shall be entitled.
4. MEMBER’S HEALTH WARRANTY: Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the PH or its facilities in any manner.
5. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of Performix House, LLC, which may be posted at the PH or issued orally, and which may be amended from time to time, at Performix House, LLC’s sole discretion.
6. PRESENTATION OF MEMBERSHIP CARD: No one will be admitted to Performix House, LLCs without displaying a valid RFID/membership card or registering as a guest and providing identification.
7. INDEPENDENT CONTRACTORS: From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.
8. GUESTS: Member’s guests are permitted in the PH, but only pursuant to such rules, regulations, fees, and schedules for such guest as may then be in effect. The PH reserves the right to limit the number of times any one guest can use the PH and reserves the right, in its discretion, to prevent any guest from using a PH. All guests must sign in at the front desk and present photo identification prior to using any PH.
9. TRANSFERS OF MEMBERSHIP: Memberships may not be transferred.
10. UPGRADING MEMBERSHIPS: A Member may upgrade his or her membership (e.g., Tier 2 and Tier 3) with the written consent of management; provided Member/Buyer will be responsible for paying any prorate charges and for the ongoing payment of any additional monthly/quarterly/annually fees associated with such upgrade. In addition, transfer to a PH offering only upgraded memberships will result in additional monthly/quarterly/annually fees.
11. BUYER’S OBLIGATIONS: Buyer shall not be relieved of Buyer’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use the PH’s facilities. Member dues are for the period of time and are no way related to actual usage of the PH.
12. PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES: Buyer has provided Performix House, LLC with its credit card or other financial institution information for the purpose of paying for goods and services which Buyer (or Member, if different) may purchase at any Performix House, LLC. These other charges may include fees for personal training, amenity and/or fitness training sessions, retail apparel and other similar items, and food and beverage items. Buyer recognizes and agrees that Performix House, LLC will maintain this information in its files and acknowledges Performix House, LLC’s right to charge the credit card or other account identified under the Authorizations Section on page 1 of this Agreement at any time and from time to time during the term of the membership.
13. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at the PH or issued orally by Performix House, LLC 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 oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Performix House, LLC. Employees are not authorized to make any independent agreements with any Member/Buyer. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.
14. UNPAID BALANCES: Members will not be permitted to use any PH until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Performix House, LLC for collection of any fees and/or charges. Annual dues must be paid by the anniversary date or PH privileges will be suspended and a new Initiation Fee will be required. Performix House, LLC reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, as provided in Section 11 above and Section 20 below, Performix House, LLC reserves the right to charge the credit card or other account identified under the Authorizations Section on page one of this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charge payable to Performix House, LLC is not honored, PH will assess a $25 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month. To the extent that Buyer and Member are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the PH).
15. LOCKERS: Lockers are provided solely for the benefit and convenience of members. PH may remove and dispose of any articles left in a locker or cubby overnight. Rental lockers cannot be placed on freeze. Locker rental fees are non-refundable.
16. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto PH premises. Performix House, LLC shall not be liable for the loss of, or theft of, or damage to, the personal property of Member or guests, including items left in lockers, with the coat check or elsewhere in the PH.
17. CHILDREN’S USE: Children under fifteen (15) years of age may use the PH only during a previously announced PH-sponsored activity and must ALWAYS be accompanied by a parent. Some children’s programs require fees to be paid in advance. Performix House, LLC has the right to discontinue usage by any child whose behavior is offensive to any other member or who is unsupervised.
18. MEMBERSHIP FREEZE POLICY: Members with may temporarily suspend their membership in accordance with the following terms:
A) You may freeze your membership once within your contracted terms for a maximum of one (1) month You will be charged Performix House, LLC’s then current monthly/quarterly/annually freeze fee. If you freeze your membership during the first three (3) months of your membership, you will be charged regular quarterly dues until you meet the three-month obligation, after which you will be charged Performix House, LLC’s then current monthly/quarterly/annually freeze fee for the period of the freeze. If you have been a member for three (3) months or longer on the day the freeze is effective, you will be charged the then current freeze fee up front and billing will be held for the approved duration of your freeze. Freeze fees for the period of the freeze you elect are non-refundable, even if you later reduce the number of months of suspension of your membership.
B) Your freeze request must be via written notification to firstname.lastname@example.org or by certified mail to Performix House, LLC - Member Services, 80 5th Ave. NY, NY, 10012 at least thirty (30) days before the intended freeze start date.
C) If you are medically unable to use the PH, you can request a medical freeze for up to six (6) months. You must provide a doctor’s letter at the time you request a medical freeze.
D) You may not freeze your membership for any reason unless your account is in good standing. Members joining as part of a corporate program shall not be permitted to freeze their memberships.
E) All freeze requests must be made in advance. No retroactive freezes are permitted.
19. GROUP FITNESS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class. Aerobics shoes must be worn in all Group Fitness classes.
20. DRESS CODE: Proper athletic attire including shirts and footwear are required. No street clothes or dress shoes permitted in fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn.
21. PERSONAL TRAINING and AMENITY SESSSIONS: All sales of personal training are a direct relationship between the client and trainer. Performix House assumes no responsibility for the cost and or payment arrangement between the trainer and client. Amenities and service sold as part of a membership package are non-transferrable and expire every 30 days. All sales are final and non-refundable. Amenity and services expire in accordance with the package it is sold with unless indicated otherwise.
A) 48 HOUR CANCELLATION POLICY: Members may cancel or change the time of the session at least four-eight (48) hours prior to the Session. Member will be charged for the full cost of the Session on any late cancellations or no-show appointments.
B) PAYMENTS: Payment for Sessions is required to be made by the Member on or before the date of the Session. If payment is not otherwise made by the Member, charges for late cancellations or no-show appointments for Sessions will be charged to the Member’s credit card or other account which is on file with Performix House, LLC pursuant to the Authorization Section on page one (1) of this Agreement. In addition, charges for Sessions which are used by a Member but not otherwise paid for will be charged to the Member’s credit card or other account, which is on file with Performix House, LLC on the day on which the Session is used.
C) DISCOUNTS: Performix House, LLC may offer discounts on Sessions to Members who purchase a group of Sessions. These discounts only apply to the number of Sessions so purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
D) AUTOMATIC APPLICATION: No action is required to be taken by a Member in connection with these regulations.
22. NON-PERFORMIX HOUSE, LLC PERSONAL TRAINERS: Use of non-Performix House, LLC Personal Trainers in the PH is prohibited. Members may not personal train other members.
23. PRICING: After the first three (3) months of membership, Performix House, LLC reserves the right to increase the monthly/quarterly/annually or annual fee and will provide thirty (30) days’ notice to the Member regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member’s employer or corporate sponsor.
24. CORPORATE MEMBERS: If Member is part of a corporate program between Performix House, LLC and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between Performix House, LLC and such third party, the terms and conditions of the corporate program will govern and control.
25. REVOCATION OF MEMBERSHIP: Performix House, LLC reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
26. WAIVER OF LIABILITY: Member assumes full responsibility for his or her use of the facility and releases Performix House, LLC from any and all claims, including those caused in whole or in part, by the negligence of Performix House, LLC and shall indemnify Performix House, LLC, the owner of the PH location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities. Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator or a court can award either party any indirect, special, incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages.
27. COMPLIMENTARY ITEMS: Complimentary items (including, but not limited to Amenity sessions, personal training sessions, PT sessions, massage sessions, complimentary gift cards or other promotional items) may be distributed at the discretion of Performix House, LLC and have no cash value. Only members with and active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination, freeze or expiration of membership for any reason.
PERFORMIX HOUSE ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
I agree to the assumption of risk, waiver and release of liability
DECLARATIONS: The undersigned (“you”) acknowledges that personal training/group fitness class (“Activity”) involves flexibility, strength, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You affirm that you are in good physical condition and does not suffer from any known disability or condition which would prevent or otherwise limit his/her full participation in the Activity.
ASSUMPTION OF RISK: You agree that if you engage in an Activity, or enters our premises or use the facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer and Performix House/Performix LLC (and each of Trainer’s and Performix House/Performix LLC’s affiliates, 1 Hotel West Hollywood, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk agreement is intended to be as broad and inclusive as permitted by the law in the State of New York and California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability and express assumption of risk agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.