Under this agreement, Beyondriven Fitness and Performance LLC shall provide the level of services and training to the ATHLETE contracted herein, and prepare, reserve and acquire all equipment, space and training personnel necessary to provide to ATHLETE the level of services and training for the duration contracted herein. agrees to purchase said training services for the full term of this Agreement.
I acknowledge and agree that my failure to regularly attend and/or utilize Beyondriven’s facilities or services will not, under any circumstances, relieve me of my payment obligations under this Note.
At the end of the initial membership term, the membership and this membership agreement will automatically continue on a month to month basis with fees due at the rate of the signed contract rate per month. Cash payments will only be accepted on memberships 3 months or greater. If you pay for your membership in cash, your membership will automatically shut down until you make you next cash payment.
EARLY MEMBERSHIP CANCELLATION
The ONLY way to get an early cancellation of membership is relocation of 50 miles of greater or permanent disability. Proof of relocation must be shown with address change or bill with new address. Written notice must be given 2 weeks before membership cancels. No money will be refunded in that time.
To terminate this agreement, you must tender written notice requesting termination to Beyondriven. ATHLETE must be current in dues to terminate. We must be notified 1 week prior next billing date to cancel membership. Memberships can not be retroactively cancelled.
Paid in full memberships cannot be cancelled early.
There is no ‘freeze’ option for memberships. If you have a paid in full contract and will be away from the gym for over two weeks, that amount of time will be added to the end of your membership. Vacations under two weeks do not count as a valid lapse in attendance.
All freeze requests must be given to Beyondriven PRIOR to leave. Freezes can not be done retroactively.
1. RULES AND REGULATlONS. ATHLETE AGREES TO FOLLOW FACILITY RULES AS PROMULGATED FROM TIME TO TIME. Violation of these rules may be cause for suspension or cancellation of membership by Facility, without a right to be refunded any pre-paid fees and without relieving ATHLETE of any payment obligations set forth in the membership Agreement, including the Note (hereafter collectively referred to as "Agreement”).
● SEVERABILITY. If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
● CANCELLATION AND TRANSFER. ATHLETE may not cancel this Agreement, except as otherwise expressly provided for in this Agreement. ATHLETE may not transfer or assign, in whole or in part, any of his/her rights, interests and obligations created by this Agreement.
● ATHLETE'S RIGHTS. A. PERMANENT DISABILITY. If by reason of death or permanent disability, the ATHLETE is unable to engage in all activities associated with membership at Beyondriven Fitness and Performance LLC and acceptable written proof of death or permanent disability, including verification from a qualified physician, is sent by ATHLETE via certified mail and received by Beyondriven, he/she and his/her estate shall be entitled to cancel the Agreement and be relieved from his/her obligation to make payments thereunder, except those payments that became due prior to the effective date of the permanent disability cancellation. In the event an ATHLETE has prepaid any sum for a training term and qualifies under this section for permanent disability, he/she shall be reimbursed the prepaid amount (excepting the one time membership fee) less a sum equal to the number of months that have passed in his/her term to the effective date of cancellation multiplied by the Beyondriven’s standard, month to month membership rate.
● PERMANENT RELOCATION. Should ATHLETE permanently move their residence more than 50 miles from an affiliated area, ATHLETE may cancel his/her Agreement and any obligation to make payments thereunder will be suspended insofar as ATHLETE is current with all payments due under this agreement as of the date of notification by the ATHLETE, of ATHLETE's permanent relocation.
● LOST OR STOLEN PROPERTY. It is understood and agreed that Beyondriven, their agents and employees are not responsible for lost or stolen articles or any other possessions of personal property.
● DAMAGE, DESTRUCTION, OR CONDEMNATION. Should the Facility be unavailable due to damage by fire, act of God, catastrophe, war or accident, or in the event of destruction or condemnation of the premises, Beyondriven will have a reasonable time to reconstruct the premises or find suitable replacement thereof within a close proximity of the present Facility. Full time missed for the above reasons will be extended.
● DEMEANOR. While on Facility premises, everyone shall refrain from using loud, or slanderous language or harassing, molesting, badgering, or soliciting other individuals. In no event shall ATHLETE’s behavior, demeanor, hygiene, or attitude be in any way offensive, threatening, intimidating, unsanitary or in any manner contrary to the best interest of the membership as a whole.