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Terms and conditions for CrossFit Monthly

Buyer or the buyer’s estate may cancel the contract if any of the following occur:
(1) The buyer dies.
(2) The buyer becomes totally physically disabled for the duration of the contract.
(3) The health spa facility operated by the seller is moved to a location that is more than five (5) miles from the original facility. However,if a health spa facility is closed at any site and a facility with similar health spa services is operated less than five (5) miles away from the close facility, then the buyer’s contract may be transferred to the operating facility, if the operator of the facility to which the contract is to be transferred accepts the transfer.(4)
The services are no longer available as provided in the contract because of the seller’s permanent discontinuance of operation. The health spa may require and verify reasonable evidence of total physical disability of death. In the case of total physical disability, the health spa may also require that the buyer submit to a physical examination by a doctor agreeableto the buyer and the health
spa. The cost of the examination shall be borne by the health spa. The seller may retain the portion of the total price representing the services used to completed plus reimbursed for the expenses incurred in a amount not to exceed twenty-five percent (25%) of the total contract price. In no instance may the demand more than the full contract price from the buyer. If the buyer has executed any credit of loan agreement to pay for all or part of the
cancelled health spa services, that agreement shall also be cancelled and returned within thirty (30) days.
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities of the club located at 1674 E North St. Crown Point IN 46307. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be
subject to additional chargers for and including, but not limited to, the use of towels, childcare, and tanning beds.
2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, the MEMBER will strictly comply with all the terms and conditions of this Membership Agreement
and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize
himself/herself with the rules and regulations, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the
facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled
to a credit for any prepayment of dues or other fees due or paid pursuant to the Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the
rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club. Upon such termination, MEMBER shall be entitled to a refund minus twenty-five
percent (25%) of the total contract amount for expenses incurred by the club.
5. MEMBER agrees and understands that the risk associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated
with the used of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the used of the facilities, MEMBER agrees to release,
discharge and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting for the MEMBER’s use of
the facilities including but not limited to the exercise and associated equipment and athletics facilities, participation in fitness programs and exercise classes. The MEMBER represents
that he/she is in good health and does not suffer any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and
programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER wither has the permission and approval of his physician to
participate in the athletic activities, programs, and exercise classes and use of the exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the
risk of injury and death, which may result from such activities.
6. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS of
guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be
subject to immediate cancellation and MEMBER shall be entitled to a refund minus twenty five percent (20%) of the total contract amount for expenses incurred by the club.
7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.
8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests
or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation and MEMBER shall be entitled to a refund minus twenty
percent (20%) of the total contract amount for expenses incurred by the club.
9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges
and is aware that steroids can cause numerous physical, mental, and emotional problems related to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility
and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale,
use, trading, or exchange of steroids and no such activities is allowed upon CLUB premises.
10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
11. All notices, requests, demands, or other communications shall be in writing and shall be deemed to have been fully delivered and received on the date of service if personally
delivered to the party to who Notice is give, or if mailed, three days after deposit of such Notice in first-class mail, registered or certified, return receipt requested, postage prepaid and
properly addressed as follows: If to MEMBER, at the Address contained in this Membership Agreement. If to the club, Top Fuel CrossFit 4162 W. 82nd Avenue, Merrillville, IN 46410.
12. In the event a dispute arises between MEMBER and the club which related to the Membership Agreement, the events, negotiations, representations, and warranties which occurred
or were made prior to the execution of this Membership Agreement or to MEMBER’s use of the club facilities, exercise equipment, or participation in exercise classes or other programs
including any injuries to the MEMBER, the dispute will be decided by arbitration in Indiana in accordance with the commercial rules of the American Arbitration Association.
13. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parities agree the prevailing party shall be entitled to recover all
costs and expenses resulting there from, including a reasonable mount as attorney’s fees.
14. This Agreement and any and all exhibits or addenda attached hereto or entered into connection with this Agreement shall be governed by and construed in accordance with the laws
and regulations of the State of Indiana, including its conflicts of law. Proper jurisdiction and venue are only in Indiana.
15. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement shall supercede any prior understandings,
arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
16. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
17. Subject to applicable law, Member agrees that Top Fuel CrossFit may contact Member at any mailing address, phone number or e-mail address set forth on the face of this
agreement, or any other address subsequently provided to, or obtained by Top Fuel CrossFit.
FOR ALL BILLING INQUIRIES, PLEASE CALL TOP FUEL CROSSFIT AT: 219-281-7001.