RELEASE OF LIABILITY - ASSUMPTION OF RISK - BUYER'S RIGHT TO CANCEL
Using the 6 Degree Fitness Facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by 6 Degree Fitness, you understand and voluntarily accept this risk and agree that 6 Degree Fitness, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of 6 Degree Fitness or anyone on 6 Degree Fitness's behalf or anyone using fitness or other equipment at its Facilities, but purchases and/or leases equipment. You understand and acknowledge that 6 Degree Fitness is providing recreational services and may not be held liable for defective products. By signing below, you acknowledge and agree that you have read the foregoing and know of the nature of the activities 6 Degree Fitness and you agree to all the terms on the front and back pages of the agreement and acknowledge you have received a copy of it and the membership policies. You, the buyer, may cancel This Agreement at any time prior to midnight of the third business day of the health club after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. Such notice shall be sent to: 4050 Hardwick Street, Lakewood, CA 90712.* 1. 6 Degree Fitness and you agree that by signing this agreement (Agreement), you purchased a membership or services and agree to all the terms in this Agreement. You also agree to follow 6 Degree Fitness membership policies and any club rule without notice at any time. The terms â€œYouâ€ and 6 Degree Fitness include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this Agreement on behalf of, and it binds all these included persons and entitles.
* 2. MEMBERSHIP: 2(a). Nature of Membership: Your membership permits you to use 6 Degree Fitness premises, facilities, equipment and services (collectively called "Facilities") as shown as limited by the membership identified on the front page. Your membership is non-transferable by you and gives you no rights in 6 Degree Fitness, its management, property or operation. 6 Degree Fitness may assign or transfer your membership in its sole discretion. 6 Degree Fitness can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or Facilities is valid only at the club of enrollment, unless otherwise noted. It is your responsibility to notify 6 Degree Fitness of any change in your address or phone number. 2(b). Membership Freezes: 6 Degree Fitness will only freeze your membership if you qualify under 6 Degree Fitness Membership Freeze Policy set forth in the membership policies. To be eligible for a membership freeze you must be in good standing with all processing and enrollment fees paid and you must be current on your monthly or prepaid dues.
* 3. Financial Policy 3(a). Dues & Fees: You agree to pay the dues and fees on the front page. If you are under 18, 6 Degree Fitness requires an adult to guarantee payment. 6 Degree Fitness immediately earns the processing and enrollment fees when you buy your membership, including any and all paid amounts or unpaid portions which are to be paid according to a payment plan. These fees and any prepaid monthly dues are not refundable. You agree to pay 6 Degree Fitness an administrative fee for any returned check, or debit problems, such as non-sufficient funds, closed account, frozen or declined credit or similar circumstances. The current fee is $30 per month ($15 with Personal Training), but is subject to change at 6 Degree Fitness discretion without prior notice. 3(b). Family & Couple Memberships: Whether you bought a couple (2 members), or family (3 or more members) membership, one member only pays all the dues. If a family membership drops a member, the total dues will be reduced by the lowest rate membership in the family membership. If a family membership of three members drops to two members, the dues change to the couple rate in effect at the time of the drop. If a family or couple membership drops to one member of any member wants to pay his or her own dues, the dues for that member change to a Single rate in effect at the time of the drop. If the member responsible for paying the family or couple dues fails to timely pay the dues, another member must make arrangements to pay the dues, or 6 Degree Fitness has the right to terminate all the memberships. 6 Degree Fitness will accept notice of a change of status (in writing) ONLY from the member whose status has changed. 3(c). Right to Increase Dues: If you have a monthly membership, 6 Degree Fitness may increase your monthly dues once per calendar year. The increase will be calculated at not more than ten percent (10%) of your then current monthly dues. Your EFT Date will not change. If you have a prepaid membership, 6 Degree Fitness will not increase your Guaranteed Annual Renewal Amount on the front page of this Agreement, so long as your remain a member in good standing. 3(d). Automatic Monthly Deductions & Timely Payments: You have full control over the EFT and can stop it anytime by notifying 6 Degree Fitness at least 30 days before your EFT Date, in writing, or by notifying your bank, or credit card company to stop. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify 6 Degree Fitness within 60 days of a claimed EFT error on your bank statement or credit card statement. If you claim your EFT was not stopped when you told 6 Degree Fitness, you must have written proof or 6 Degree Fitness will not reimburse you for EFT deductions which you claim should not have been deducted. If your EFT ends for any reason, your membership may be immediately suspended at 6 Degree Fitness election. You will have 30 days from the date your EFT ends to reinstate your original EFT authorization or provide a substitute EFT authorization. Alternatively, within 30 days from the date your EFT ends, you can prepay your membership for a minimum of 12 months at the rates then in effect and in accordance with 6 Degree Fitness policy on prepaid memberships. If you prepay your membership, the terms applicable to prepaid membership in this Agreement will apply to your membership. Upon reinstatement, all past due amounts, including any administrative fees will be electronically deducted or you must pay all past due amounts at the time of reinstatement if prepaying. If you have not provided a valid EFT or prepaid your membership within 30 days, your membership will terminate. If your membership terminates because your EFT ends and you have not reinstated your EFT or prepaid your membership, the terms of Section 6(h) will apply. 3(e). Failure to Provide Documentation for Automatic Monthly Payments: If your EFT does not begin because you fail for any reason to provide the information for processing the EFT, 6 Degree Fitness may immediately suspend your membership and terminate your membership in accordance with the procedures set forth in Section 3(d) above. All processing and enrollment fees are non-refundable unless specifically stated otherwise in Section 6.
* 4. CLOSURE, MOVE OR SALE OF CLUB: 6 Degree Fitness may permanently close or move your club of enrollment without any effect on this Agreement if it transfers your membership to another club within 10 miles of the one affected. If your club of enrollment was closed or unavailable before transfer, 6 Degree Fitness will extend your membership, without dues, for the same period your club of enrollment was closed or unavailable, but only if there is not another club within 10 miles of your club of enrollment. 6 Degree Fitness reserves the right to transfer, sell or assign your membership in the event 6 Degree Fitness sells a club.
* 5. REPRESENTATIONS: 5(a). Physical Condition and No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of 6 Degree Fitness Facilities. As such, you acknowledge that 6 Degree Fitness did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the Facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the Facility. 5(b). Limited Use: If you know or should know you have any problem that might prevent you from using all of 6 Degree Fitness Facilities and you sign this Agreement, you agree that your membership is limited accordingly. However, because it's your choice, you still must pay your dues as if you could use all the Facilities. 5(c). Liability for Property: 6 Degree Fitness is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around 6 Degree Fitness premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to 6 Degree Fitness Facilities, you are liable to 6 Degree Fitness for its cost of repair or replacement. 5(d). Entire Agreement and Enforcement: You acknowledge that neither 6 Degree Fitness, nor anyone else, made any representations or promises upon which you relied that are not stated in this Agreement. Handwritten changes to this Agreement are not valid. This document contains the entire agreement between you and 6 Degree Fitness and replaces any oral or other written agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If 6 Degree Fitness does not enforce any right in this Agreement for any reason, 6 Degree Fitness does not waive its right to enforce it later.
* 6. CANCELLATION - TERMINATION - REFUND 6(a). Your 3-Day Cancellation Right: You may cancel this Agreement within 3 days after signing this Agreement by sending the 3-DAY NOTICE. If you do, 6 Degree Fitness refunds all the money you paid including your processing and enrollment fees within 10 days of when 6 Degree Fitness receives the notice. 6(b). Termination of Monthly Membership: If you have a monthly membership, you may terminate it at any time upon (1) written notice to 6 Degree Fitness and (1) return of your membership ID card when your membership ends. Notice of termination must be received at least thirty (30) business days before your EFT bill date to allow 6 Degree Fitness sufficient time to process your termination. If your termination notice is not received at least three (3) business days before your EFT bill date, your EFT Dues end the second month following the month 6 Degree Fitness receives written notice. 6 Degree Fitness will apply your last month dues to your last month. 6(c). Termination of Prepaid Membership: If you have a prepaid membership, you may NOT terminate it during the prepaid period (or get a refund), unless specifically stated otherwise above. If you do not review your prepaid membership by the renewal date, your prepaid membership automatically expires and you are not entitled to the guaranteed renewal rate. 6(d). Termination for Cause by 6 Degree Fitness: 6 Degree Fitness may, at its option, terminate your membership if (1) you fail to complete all signature lines and required initial blocks, (2) you fail to make timely payments under any payment plan, (3) any monthly payment or dues are late, (4) the monthly EFT payments or dues are interrupted or discontinued for any reason and you or your cosigner do not provide an acceptable alternative, (5) you fail to follow any of 6 Degree Fitness membership policies or 6 Degree Fitness membership policies or club rules or violate any part of the Agreement, or (6) your conduct is improper or harmful to the best interest of 6 Degree Fitness or its members. Termination is effective on the date 6 Degree Fitness mails a written notice to your last known address. You are liable for all financial obligations until that date. 6(e). Termination without Cause by 6 Degree Fitness: 6 Degree Fitness reserves the right to terminate your membership for any reason not stated above and is not prohibited by law. If 6 Degree Fitness does, it will mail a termination notice to you and refund any unused prepaid dues. 6(f). Termination on Club Closure or Move: If 6 Degree Fitness cannot transfer your membership upon a permanent club closure or move, this Agreement ends 30 days later. As such, you will not have to pay further monthly dues and 6 Degree Fitness will refund any unused prepaid dues. 6(g). Termination on Cancellation of Ancillary Agreements: 6 Degree Fitness may, at its sole discretion, cancel all agreements, including your membership agreement, if you cancel any related agreement, such as an agreement for fitness services which were concurrently purchased with your membership agreement. If 6 Degree Fitness terminates your membership under this Section, 6 Degree Fitness will refund any unused prepaid dues. 6(h). Effect of Termination & Financial Obligation: Upon cancellation or termination, your right to use 6 Degree Fitness Facilities ends and 6 Degree Fitness can deny your access to any or all 6 Degree Fitness clubs. If you owe 6 Degree Fitness money when your membership ends, you still owe the money, and 6 Degree Fitness will deduct it from any refund you might have coming. If there is not enough money to cover the debt in the refund, you must pay the balance. If you terminate your monthly membership or your prepaid membership expires and you want to rejoin, you must buy a new membership, including new processing and enrollment fees.
* 7. ARBITRATION If there is any dispute or claim between you and 6 Degree Fitness involving an amount in controversy of more than Five Thousand Dollars ($5,000.00) you and 6 Degree Fitness agree to submit the dispute for resolution to binding arbitration. Arbitration means that neither you nor 6 Degree Fitness can sue each other in court over a dispute and that a natural arbitrator will decide the dispute, not a judge or jury. This arbitration provision is governed by the Federal Arbitration Act (the "FAA"). To start the arbitration process, either part must submit a written arbitration request to the other within the appropriate statute of limitation period for the claim being brought. The arbitrator shall be selected by mutual agreement of the parties. Unless controlling legal authority requires otherwise, the party filing the claim shall pay the initial filing fee and thereafter the parties will equally bear the costs of arbitration. Each party shall be responsible for its own expenses including, but not limited to, its attorneys, experts, witnesses and other expenses. If it is determined by the arbitrator or a court that any part of this dispute is not subject to arbitration, the parties acknowledge, agree and stipulate that the part of the dispute that is not subject to arbitration shall be stayed pending resolution of the arbitration. The arbitration award shall be binding, complete and final. The parties agree they shall not disclose the existence, content, or results of the arbitration without the written consent of both parties.
* 8. LIMITATION OF LIABILITY Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages. Neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages; even if one party told the other party that they might suffer these damages.