Unlimited - 12 Month Contract

$159 - Billed Monthly

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CrossF (4297)
RELEASE OF LIABILITY

READ VERY CAREFULLY BEFORE SIGNING
I hereby acknowledge that I, or my minor child, freely and voluntarily wish to participate in the fitness, instruction, and exercise activities of SHOP Training, LLC and/or CrossFit at the SHOP and use its facilities, equipment, premises, and instructors/trainers. In consideration of that opportunity, participation, and use, in addition to any payments or charges, I hereby execute this Release of Liability with the intent to bind myself, my spouse, my children, my parents, my heirs, assigns, legal representatives, and any other person claiming under or through me.
I understand and agree that by participating in SHOP Training, LLC and/or CrossFit at the SHOP activities, I face risks of accidental and/or other physical or emotional injury. These risks may include, but are not limited to, (1) loss or damage to personal property, (2) injury or fatality; (3) physical exertion and heat exhaustion; (4) dehydration; (5) exposure to various on- and off-site premises and/or equipment and all the risks inherent therein, including slips, falls, collisions, and falling objects; (6) NEGLIGENT CO-PARTICIPANTS, and (7) strenuous and hazardous physical activities, among others. Further, I agree that SHOP Training, LLC and/or CrossFit at the SHOP has no right of control or influence on the safety or security of the premises or its surroundings, including criminal activities on or near the SHOP Training, LLC and/or CrossFit at the SHOP premises. I understand and assume all risks EVEN IF RESULTING FROM NEGLIGENCE, AND EXPRESSLY AGREE TO WAIVE ALL CLAIMS FOR NEGLIGENCE.

I further represent that I have made SHOP Training, LLC and/or CrossFit at the SHOP aware of any and all current or past physical or mental disabilities, injuries, and/or problems which might limit my participation by listing them above and I will advise SHOP Training, LLC and/or CrossFit at the SHOP and its instructors/trainers at any point when I question my ability to participate in any activities.
I EXPRESSLY AGREE AND INTEND THAT MY PARTICIPATION IN ALL SHOP TRAINING, LLC AND/OR CROSSFIT AT THE SHOP ACTIVITIES AND USE OF ALL EQUIPMENT OR FACILITIES SHALL BE UNDERTAKEN BY ME AT MY OWN RISK AND THAT NEITHER SHOP TRAINING, LLC AND/OR CROSSFIT AT THE SHOP, ITS EMPLOYEES, INSTRUCTORS, TRAINERS, MANAGERS, AGENTS NOR ASSIGNS SHALL BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHATSOEVER WHICH MAY ARISE OUT OF OR IN CONNECTION WITH MY PARTICIPATION IN SHOP TRAINING, LLC AND/OR CROSSFIT AT THE SHOP ACTIVITIES WHETHER FROM ACTS OF ACTIVE OR PASSIVE NEGLIGENCE ON MY PART, OR THE PART OF ANYONE ELSE, AND I DO HEREBY AGREE TO FOREVER RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND DEFEND SHOP TRAINING, LLC AND/OR CROSSFIT AT THE SHOP, ITS EMPLOYEES, INSTRUCTORS, TRAINERS, MANAGERS, AGENTS OR ASSIGNS FOR ANY SUCH INJURIES, DEATHS, DAMAGES, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, CLAIMS FOR NEGLIGENCE OR OTHER THEORIES OF LIABILITY AND/OR STRICT LIABILITY, COUNSEL TO BE CHOSEN BY SHOP TRAINING, LLC AND/OR CROSSFIT AT THE SHOP.

I authorize SHOP Training, LLC and/or CrossFit at the SHOP to take photographs and videotapes of me and to record my voice, conversation, grunts, groans, and other sounds during and in connection with SHOP Training, LLC and/or CrossFit at the SHOP activities. I acknowledge that SHOP Training, LLC and/or CrossFit at the SHOP shall own exclusively all copyright and other rights in and to such tapes, photography, and recordings and may use them forever and throughout the world in any manner without compensation to me. I authorize SHOP Training, LLC and/or CrossFit at the SHOP to use my name, voice, likeness, and any biographical facts disclosed or provided to SHOP Training, LLC and/or CrossFit at the SHOP in advertising and promoting SHOP Training, LLC and/or CrossFit at the SHOP specifically and/or SHOP activities generally without further compensation.

The terms of this Release of Liability are to be governed by and construed under the laws of the State of Oregon. In the event any term or provision of this Release of Liability is found to be unenforceable or void, in whole or part, the term or provision concerned shall be construed as valid and enforceable to the maximum extent permitted by law, and the balance of this Release of Liability shall remain in full force and effect. I agree that exclusive venue for any dispute arising between SHOP Training, LLC and/or CrossFit at the SHOP and me involving this Release of Liability in any way shall be in Benton County, Oregon.

ACCEPTED AND AGREED:

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Unlimited - 12 Month Contract Contract

TERMS & CONDITIONS


This Membership Service Agreement (the “Agreement”) is between SHOP Training, LLC and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by and between SHOP Training, LLC and the Client that the Client is purchasing, for the benefit of the Client, a fitness program membership, from SHOP Training, LLC.


Client hereby authorizes SHOP Training, LLC or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment or replacement account designated by Client and accepted by SHOP Training, LLC for payment of any and all fees, late charges, costs, expenses or any other monies due to SHOP Training, LLC 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 and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may timely notify the financial institution in control of Client's account to terminate this Request, but such notification may 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. SHOP Training, LLC or its assigns reserves the right to add the following fees to the Client's account balance should any of the following occur:$20 processing fee for a decline payment.


By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement after having the opportunity to have it reviewed by an attorney at the discretion of Client. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and SHOP Training, LLC. SHOP Training, LLC 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.


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, debit card, personal check, cash or EFT. The billing date for the client shall be the date the Agreement is signed. Each month on this date, the monthly payment is charged to the Client's credit card, deducted from the Client's account, or paid for by personal check or cash.


MONTH TO MONTH: "Month to Month" memberships continue on a month-to-month basis, until a written cancellation is received by SHOP Training, LLC, no less than five (5) days prior to your bill date. Should you upgrade/downgrade your membership, please provide us with equal notification. Every prepaid membership is non-cancelable and the prepaid monthly dues are non-refundable.


CONTRACTS: Membership “Contracts” include 12-month, 9-month, and 6-month terms with payments occurring on a monthly basis for the designated number of months. Each month on the billing date, the monthly payment is charged to the Client’s credit card, deducted from the Client’s account, or paid for by personal check or cash. A prepaid membership is non-cancelable and the prepaid monthly dues are non-refundable. Membership contracts are non-cancelable and cannot be downgraded except as stated below.


CLIENT’S RIGHT TO CANCEL/DOWNGRADE: 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 a material portion of  SHOP Training, LLC 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 SHOP Training, LLC, 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. Downgrading a contract is NOT possible during the contract period. Downgrades can only take place on or after a current contract’s expiration date. To cancel this agreement before its term has expired, the Client may pay the stated cancellation fee based on their membership level.


CANCELLATION FEES: To cancel an agreement before its term has expired, the following cancellation fees will apply: $240 fee to cancel a 12 month agreement; $180 fee to cancel a 9 month agreement; and $120 fee to cancel a 6 month agreement.


CLIENT'S RIGHT TO HOLD: The Client may not “put on hold” this Agreement 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 this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, SHOP Training, LLC shall have all rights and remedies available, including termination of this Agreement and institution of any action for all applicable damages. If SHOP Training, LLC delays or refrains from exercising any rights under this Agreement SHOP Training, LLC does not waive, nor will SHOP Training, LLC lose those rights. If SHOP Training, LLC accepts late or partial payments from the buyer, SHOP Training, LLC does not waive the right to receive the full and timely payments and other charges due under this agreement.  All past due amounts shall accrue interest at the rate of 18% per year from the date due until paid.  Late payments, including returned checks and faulty payments shall be assessed a 5% fee or $25, whichever is greater.  


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 Oregon. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, SHOP Training, LLC and Client agree that the venue for such action shall exclusively be Benton County, Oregon.


ATTORNEY FEES: In the event that either party finds it necessary to commence 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.


4847-4966-4551, v.  2




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