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The undersigned ("Member"), desires to become a member of Thrive Fitness. ("Thrive"), and in consideration for services to be provided states, I agree that I have read and fully understand the terms and conditions and all statements of this Agreement, receipt of which is hereby acknowledged, and that I agree to said Terms and Conditions. In addition, I hereby understand that all unpaid balances are subject to a 1.5% per month interest charge. Returned checks are subject to the incurred returned check fee. In the event of legal action to recover an unpaid balance I agree to pay all interest, court costs and attorney’s fees.
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1. PAYMENT OF MEMBERSHIP FEES. Member billing cycle will begin on the start date recorded and membership fees are to be paid monthly. All term memberships fees are collected via auto-debit (i.e., electronic funds transfer) from either a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow Thrive to automatically withdraw dues and fees as they come due each monthly date of the billing cycle.
2. TERM. Memberships of Thrive are either Three (3) months or Twelve (12) months from the start date and renewal automatically for the same term. Renewal and automatic drafts will not be cancelled without fourteen (14) days written notice, either by certified mail, hand-delivery to the management of Thrive, or by electronic means (i.e., email). No refunds will apply.
3. CANCELLATION. Member has the right to cancel this Agreement if you move outside of a 15 mile radius from a location of Thrive. Proof must be shown in order for cancelation approval.
4. DEFAULT/REMEDIES. Member agrees that in the event the fees are not paid when due in accordance with this agreement, Thrive may charge interest at the rate of 1.5% per month until paid in full. In the event legal action is taken to enforce the terms of this agreement, Member agrees to pay Thrive’s court costs and reasonable attorney’s fees.
5. FREEZE POLICY FOR MEMBERSHIPS: 12-month Memberships: You may take advantage of two complimentary freezes during the term of your agreement, from 1 week to 12 weeks in duration. Additional weeks will be $10 per-week, paid in full at the start of your freeze period. 3-month Memberships: You may not freeze their accounts, except for medical freezes explained below.Medical freezes are always complimentary. All freezes must be accompanied by proof of reasoning for the freeze. Notice of freeze must be given to Thrive at least 3 working days prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. The current membership agreement will be extended by the number of months frozen.
6. SCHEDULING FOR TRAINING SESSIONS AND CLASSES. Members can scheduling their training sessions and classes either through the Mindbody app or at the Front Desk. You agree to schedule your training sessions scheduled on a regular time frame. Members may change appointments at any time, through the Mindbody app or at the Front Desk, outside of 24 hours from your appointed time. All changes must be made within 24 hours of your class or training session. Training sessions missed within a billing cycle may be made up within that current cycle. Sessions will not be carried over from month-to-month.
7. RELEASE AND WAIVER OF LIABILITY. Member recognizes exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or bodybuilding enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. Member agrees to defend, indemnify and hold harmless Thrive against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release Thrive and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold Thrive, its owners, officers, employees and/or affiliates free and harmless from against the same. Thrive shall not be responsible for any lost or stolen items. Member authorizes Thrive to use pictures of Member taken at Thrive on its website and in other promotional materials.
8. RULES AND REGULATIONS. Member acknowledges that Thrive operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and/or posted or otherwise published by Thrive. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Thrive. Member agrees to accept such reasonable change(s) as a condition of membership.
9. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
10. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the Commonwealth of Kentucky. The parties further agree that any legal actions shall be subject to the venue of the court of competent jurisdiction in Campbell County, Kentucky.
11. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update Thrive of any change in my contact information (including address, telephone number or email address) or change in credit information.