Membership Terms: You the Client hereby agree to the terms & conditions, fees, and schedule of payments outlined within this Agreement. This monthly automatic renewal of payments can be cancelled by you the Client WITH THIRTY (30) DAYS WRITTEN NOTICE of cancellation to be done with the Club directly by emailing your request to MEMBERSERVICES@FUSEMA-FIT.COM . During this 30 day period a final monthly payment will be due. Non-use of the Club or arbitrary stoppage of payments on your end DOES NOT relieve you of any payments due or constitute as an official cancelation of enrollment according to this agreement.
Automatic Billing/EFT Authorization: Client hereby authorizes Fuse Martial Arts & Fitness and/or its billing company to automatically charge/withdraw monthly dues, any and all fees and taxes, late charges and any other payment due to Fuse Martial Arts & Fitness under the Terms & Conditions of this Agreement from the bank account or credit card provided by You at time of enrollment. Client also acknowledges the terms of the financial obligation as a Fuse Martial Arts & Fitness member as outlined above. In the event your membership becomes delinquent a $10.00 Manual Billing Fee will be assessed to your monthly dues along with a Returned Item Fee of $29.00 to cover expenses of recovery of payment due.
Annual Club Enhancement Fee - $29.00
Enrolling between the dates of June 26th through December 25th your Annual Club Enhancement Fee will be automatically billed on February 25th every year you are an active member.
Enrolling between the dates of December 26th through June 25th your Annual Club Enhancement Fee will be automatically billed on August 25th every year you are an active member.
CANCELLATION RIGHTS: This Membership is Open-End or Month-to-Month. ALL requests to cancel, no matter the circumstance or reason, must be directed to the Club directly by email to MEMBERSERVICES@FUSEMA-FIT.COM. In the event you, the Member, Student, or Buyer, have Paid-In-Full and pre-paid your Membership for any length of time, regardless of circumstances or events either for you or the Club, there are absolutely NO REFUNDS. All monies paid to enroll as a Member of Fuse Martial Arts & Fitness are not at any time refundable.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT: Your failure to use the Membership program described in this agreement DOES NOT relieve you of your liability for payment of any money owed to the Club. Your rights under this Agreement are absolutely non-transferable, not assignable, non-refundable and non-cancelable, except as provided in this Agreement. The Club shall have the right to sell, transfer, discount or assign this Agreement to a financial institution or other entity without your consent. The Club may be sold or relocated and in such event this Agreement shall remain binding and enforceable.
MEDICAL WARNING: Should you have a history of heart related disease, you should consult your physician before purchasing a Membership and/or prior to commencing any physical activity on the club premises. You agree and represent, on behalf of yourself and all family members and guests that you are in good physical condition and physically able to undertake any and all physical exercises and treatments provided by the Club and its staff. In case of an accident or injury, you agree on behalf of yourself and all family members and guests, that the injured party will be examined at Your sole expense by a licensed physician who shall report in writing to both the injured party and the entity owing the Club. You expressly waive any and all liability on the part of Fuse Martial Arts & Fitness, its staff, Coaches, Personal Trainers, Instructors, officers and promotional agents not only on the date hereof, but also on any and all occasions subsequent hereto when using Fuse facilities.
DISHONORED CHECK FEE: If your check, draft or money order given the Club in payment of any obligation under this Agreement is not honored by Club's bank, the club may add a fee of $25.00 or an amount charged by Club's bank for the return of any dishonored instrument, whichever is greater. Said fee shall be paid to the Club and shall appear on Your account until paid.
DEFAULT: You will be in default and any membership or service privileges provided under this agreement may be terminated if: (A) The Club does not receive an installment payment from your bank or credit card company on or before the date such payment is due, or (B) You fail to fulfill any obligations or promises under this Agreement including, but not limited to, full compliance with the Club Policy and Guidelines. If you are in default of this Agreement, the Club may immediately, without notice, demand payment of all unpaid installments and terminate this Agreement. It is your responsibility to know whether this Agreement is in default for non-payment for any other reason.
UNAVAILABILITY OF FACILITY OR SERVICES: Failure to attend and use the Club facility will not relieve You of any liability for payments and amounts due. Should the Club or all of the services no longer be available of the location of which You enrolled, due to any reason including, but not limited to, fire, condemnation loss of lease, act of God, catastrophe, sale, relocation or for any other reason, the Club shall have the right, at its option, to extend the term of Your Membership Agreement for a period of time of such unavailability, or transfer You to another "similar facility" within the same metropolitan area. In connection therewith, You agree that the Club's entire premises may be closed, relocated or eliminated for any reason, and You agree to accept the Club's decision as final. If the Club is permanently closed, the Club will make every reasonable attempt to provide you with another "similar facility" with the same metropolitan area.
MEMBERSHIP PROGRAM, TRANSFERABILITY AND FREEZING: Your membership is assigned to you and is NON-TRANSFERRABLE. The Club, at its sole discretion, may allow you to freeze your monthly membership or term (if paid in full) of your membership Agreement one time for a period not to exceed three (3) consecutive months. During that period of time your membership is frozen, your Annual Gym Enhancement Fee will still be due and the balance of any other remaining or outstanding fees under the terms of the Agreement remain unchanged. A freeze is NOT a cancellation. When a freeze term is up, monthly payments return to regular schedule and automatically start back as originally agreed upon at enrollment.
INCIDENTIAL SERVICES, PROGRAMS AND PRICING: The Club may provide, from time to time and at the Club's sole discretion, programs, services, facilities or equipment incidental or relating to physical fitness, physical therapy or nutrition. The Club shall not be required to continue any particular programs, services, facilities or equipment as part of its contractual obligations hereunder and may discontinue, change or modify the same in its sole and absolute discretion, without recourse by You. The Club reserves the right to adjust and/or increase its prices for any services or programs offered under this Agreement, from time to time, by proving you with notice of doing so with no less than thirty (30) days notice of your next monthly payment to the Club.
WARRANTIES: You agree that no warranties, representations or agreements of merchantability, fitness for a particular purpose, or otherwise, express or implied, were made to you except for those written herein or in writing, signed by an authorized agent of the Club.
PAYMENT LIABILITY: If more than one Member/Client is signing this Agreement, each member/Client is jointly and severally responsible to fully perform all obligations under this Agreement.
APPLICABLE LAW: Ohio State law governs this Agreement.
INVALID PROVISIONS: The provisions of this Agreement are severable. If any provision of this Agreement is declared void, invalid or unenforceable, it is the intention of all parties to this Agreement that the remainder of the Agreement will remain valid and enforceable.
NO WAIVER OF RIGHTS: The Club does not waive its right to have future payments made when due if the Club accepts a late or partial payment or delays the enforcement of its rights on any occasion.
APPLICATION OF PAYMENTS: The club will apply all payments received to pay the installments (including late charges, if any) in the order in which they are scheduled to be paid.
ATTORNEYS FEES AND COURT COSTS: If You fail to pay any one or more of the installments due under this Agreement results in the Club retaining an attorney or collection agency for collection of the installments due hereunder, You will be responsible for the payment of collection fees, court costs and attorney's fees incurred.
CLUB POLICY & GUIDELINES AND CONDUCT: You agree to read, understand and abide by the Club policy and Guidelines as posted within the Club and to be subject to the control and guidance and follow all instructions of the club staff while on the premises. You also agree to conduct yourself in a quiet, well-mannered fashion while on the premises and reserve all criticism of any kind regarding other members/Clients, guests or Club personnel until in private with the Club manager/owner. Finally, the Club reserves the right to revoke your Club privileges or terminate this Agreement if You, the member, fail to keep and obey any Club Policy and guidelines.
HOURS OF OPERATION: The hours of Club operation and schedule of classes offered are subject to change, from time to time, at the Club's sole discretion and according to periodic postings at the Club and without recourse by Member/Client. The Club may be closed on holidays.
CHECK-IN: Upon entering the Club on each visit, You are required to check in by using the Check-In phone app. Instructions for this app and how to use it are emailed to you at the time of enrollment.
EXERCISE CLOTHING AND TRAINING GEAR: Client is required to, at all times while in the club facility, wear acceptable and appropriate exercise clothing. Closed toe shoes are to be worn in the Club's free weight and resistance training area of the gym. Sandals, flip flops, slides, house slippers or anything of the sort are not permitted to be worn while using the Club's gym facilities. No other clothing is permitted without specific approval of club management. You are responsible to own and care for your own martial arts training gear. The Club does not provide personal training gear for its Members and therefore requires you to own the necessary training gear for the respective class(es) you are enrolled for . Furthermore, it is your responsibility to wash your uniform, belt and all other training clothes worn in any given session after EVERY USE. It also your responsibility to to wash and sanitize your hand wraps, gloves, shin guards, head gear and all other training gear after each training session in order to keep you and your fellow members safe.
SAFETY FIRST: Member shall not use any equipment that is not in good operating order, and shall follow all manufacturer's and club instructions regarding proper and safe operation of the equipment.
CHILDREN: No children under the age of 16 are permitted on the premises without parental supervision, unless under pre-authorized staff supervision.
PERSONAL PROPERTY: The Club, it's agents and employees shall not be responsible for damaged, lost or stolen articles of clothing or any personal property, including automobiles and the contents thereof, of any Member/Client or guests. Personal belongings may be stored in lockers provided. Members/Clients are responsible for bringing their own lock for the lockers. Lockers are for daily use only.
LIABILITY WAIVER: You acknowledge that the use of the Club and the equipment therein, and the exercises, classes and activities to be engaged in by You, involves a degree of risk. It is expressly agreed that all use of the Club and it facilities shall be undertaken by you at your sole risk. It is further agreed that the Club shall not be liable for any injuries or damage to you or your guests, nor the property of you or your guests, nor be subject to any claim, demand, injury or damages whatsoever including, but not limited to, those damages resulting from acts of active or passive negligence on the part of the Club, its successors or assigns or its officers and agents. It is also agreed that any damages to the Club facilities or property of any Member/Client by another Member/Client or his/her guest, is the sole responsibility of the offending Member/Client. You agree to be responsible for any damages caused by you to the Club and it facilities and equipment, and for any personal injury or property damage caused by you to any Member/Client, guest or to the property of either, and You agree to indemnify and hold Club harmless for any loss caused by you for which the Club is accused or held liable, including attorney's fees and court costs.
Fuse Martial Arts & Fitness