Disclaimers

WARTIME FITNESS WARRIORS WAIVER/LIABILITY & AGREEMENT TERMS

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Wartime Fitness Warriors, located at 1147 River Road Suite 2 Charlottesville Va 22901, and you the member. Wartime Fitness is a boxing fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered.

Please review this Agreement thoroughly as it is a legal contract between Wartime Fitness and all members. By using the services offered at Wartime Fitness, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class sessions are included in the membership based off each membership option. Regular monthly dues apply thereafter. Monthly membership payments shall be made monthly on the same day of the month as the sign-up, on a month-by-month basis, via automatic debited payment (credit card or debit card). Additional terms regarding the automatic debited payments are outlined below.

In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.

KEY FOB ACCESS: Key Fobs are assigned to memberships and will remain active for use if the membership is paid to date.  Any declines or issues with billing resulting in past due payments will deactivate key fob access until resolved. Email us at contact@wartimefitnesswarriors.org to resolve.  DO NOT share your key fobs with anyone, if lost or stolen, please report and replacement is a $10 fee.

CLASS CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES: ONLY non-members book their classes on our website.  Members are welcome to attend scheduled classes posted based on their membership allotment.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from Wartime Fitness, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members unless it is a couple or family membership. All members are required to keep a current credit card on file.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Wartime Fitness account online. By placing a card on file, the cardholder and account holder gives permission to the Wartime Fitness staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Wartime Fitness, cancellation policy detailed above.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities, and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Wartime Fitness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Wartime Fitness staff, you would be at physical risk participating in Wartime Fitness’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Wartime Fitness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Wartime Fitness’s concerns and stating that Wartime Fitness’s concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Wartime Fitness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Wartime Fitness’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Wartime Fitness’s Classes and Facilities and should not be participating in any Classes.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Wartime Fitness has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Wartime Fitness will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19.

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You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Wartime Fitness Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Wartime Fitness (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Wartime Fitness, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Wartime Fitness, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Wartime Fitness program.

You expressly agree to indemnify and hold the company harmless against all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

You agree to be solely responsible for the safety and well-being of yourself.

You agree to comply with all rules imposed by Wartime Fitness regarding the use of the facilities and equipment.

You agree to always conduct yourself in a controlled and reasonable manner according to the safety and general operating protocols clearly outlined by Wartime Fitness. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

CANCELLATION/RENEWAL OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time after the initial 3-month commitment contract agreement term is met with a 30-day notice in writing sent to contact@wartimefitnesswarriors.org. You must cancel the renewing of your contract term via Wartime Fitness website or application by logging into your account. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Wartime Fitness, these payments must be made in full for the Membership Agreement to be considered canceled. If you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and Wartime Fitness reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be canceled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Wartime Fitness’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than sixty (60) miles from Wartime Fitness. The member shall provide proof of new residence.

MISCELLANEOUS

CONDUCT/DAMAGES: Wartime Fitness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Wartime Fitness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Wartime Fitness has the right to judge behavior and respond accordingly. This right includes but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Wartime Fitness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Wartime Fitness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Wartime Fitness.

PHOTO/VIDEO RELEASE: You hereby grant Wartime Fitness Warriors, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Wartime Fitness and to use and publish these photos or videos in print and/or electronically. You agree that Wartime Fitness Warriors may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address, or delivered in person to George Rivera at 1147 River Road Suite 2 Charlottesville Va 22901 or at contact@wartimefitnesswarriors.org