Monthly Terms and Conditions
EFT Request and Authorization: Client hereby authorizes CrossFit Bona Fide 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 designated at time of enrollment, or the replacement account designated by Client and accepted by CrossFit Bona Fide for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit Bona Fide 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 Bona Fide. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but 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 Bona Fide 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 ($10.00); unpaid EFT draft (after re-submittal) – fifteen dollar ($15.00); unpaid credit card debit – fifteen dollars ($15.00); unpaid customer check – fifteen dollars ($15.00). Payments received more than ten (10) days after the due date are assessed a late fee of fifteen dollars ($15.00)
Additional Terms and Provisions
Fitness Program Membership Services: CrossFit Bona Fide’s obligations hereunder and the undersigned Client’s membership are conditioned upon the Client executing this Agreement and the Client otherwise complying with this Agreement (including, without limitation, the Rules defined below). For purposes of the foregoing conditions, the term, “client” shall include each individual (i.e., spouse and children) included in a membership. The CrossFit Bona Fide facility is located at 100 Arthur Brady Dr., Portsmouth, NH 03801. Note that this is not an “open gym” format. All services are by class or appointment-only training, unless otherwise noted. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
Compliance with Rules: Client shall abide by all membership and facility rules and regulations established by CrossFit Bona Fide, which may be posted at the facility, provided in writing, or issued orally and which may be amended from time to time in the sole discretion of CrossFit Bona Fide (collectively, “Rules”). I agree that improper or unauthorized use of the facility or violation of the Rules may result in membership suspension or cancellation at CrossFit Bona Fide’s discretion.
Refunds: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
Payment and 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 guidelines on page one of the Agreement. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account. Should Client’s credit card payment fail to authorize for any reason, a $10 late fee will apply if Client fails to provide a valid credit card within 10 calendar days of the original rejection date.
Automatic Renewal and Cancellations: All memberships will automatically continue for all monthly EFT contracts after the initial period (“Initial Period”). Except as otherwise provided herein, a membership may not be canceled during the Initial Period. Clients who cancel prior to the end of the Initial Period will be charged a $200 cancellation fee. In addition, Client’s services will be deactivated if his/her account becomes more than 30 calendar days late.
Membership may be canceled during the first month following the Initial Period by providing written notice of cancellation via e-mail to firstname.lastname@example.org at least 30 days in advance of the next billing date. Clients who terminate memberships and who wish to renew will be required to pay any outstanding balance. CrossFit Bona Fide reserves the right to cancel a Client’s membership at any time.
Client’s Additional Rights to Cancellation: You or your estate may cancel this contract and be refunded the pro rata cost of any unused services, within 15 days after request for any of the following reasons: (1) The buyer is unable to receive benefits from the seller’s services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or (2) The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired (i.e. the seller ceases operation).
Client’s Right To Hold: The Client may, for periods of one to three months, “put on hold” the Agreement. The request to place the Agreement on hold must be submitted 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 Bona Fide shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If CrossFit Bona Fide delays or refrains from exercising any rights under this Agreement, CrossFit Bona Fide does not waive, nor will CrossFit Bona Fide lose those rights. If CrossFit Bona Fide accepts late or partial payments from the buyer, CrossFit Bona Fide 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.
Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the State of New Hampshire.
Consumer’s Right to Cancellation:
Every purchaser of a prepaid membership shall be entitled to cancel his or her contract within 3 business days by notifying the health club in writing by midnight of the third business day following the date of purchase of the membership contract. Written notification is deemed given if mailed or delivered by midnight of the third business day. All money collected pursuant to the contract shall be refunded to the purchaser exercising the right to cancel.
Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of the health club services, any such negotiable instrument shall be void upon cancellation under this section and shall also be returned to the buyer within said fifteen days.
NOTICE TO BUYER: DO NOT AGREE TO THE TERMS OR SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.
STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTH’S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.
By agreeing to these terms and conditions, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement. Client further acknowledges Client had received a filled-in and completed copy of this agreement, which includes the E.F.T. request and Additional Terms and Provisions. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and CrossFit Bona Fide. CrossFit Bona Fide has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.