Terms for pre-paid:
As a prepaid member, you are choosing to pay for your entire membership up front and in full, subject to the terms of this Agreement.
Your prepaid membership will run for a fixed Initial Term, beginning [agreedate] and ending [contractexpiresdate].
With limited exception (as described herein), you may not cancel your membership during the Initial Term.
At the end of the Initial Term, unless you have taken steps to renew, your prepaid membership will automatically expire.
Please speak to a sales manager about renewing your membership prior to the expiration of your Initial Term to avoid a lapse in service.
Terms for recurring membership:
As a recurring dues member, you are agreeing to pay for your [locationname] membership on a recurring dues basis.
If your recurring dues membership is for a term of one month or less, then you have a month-to-month membership (“M2M”). You may cancel your M2M membership at any time with a 30-day advance written notice.
Your recurring dues billing will begin on [firstinstallmentdate] and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.
You expressly authorize [locationname], or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.
Consent to auto-renew:
M2M MEMBER: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide [locationname] with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues, fees and charges associated with my account.
TERM MEMBER: I understand that my Agreement is for a fixed initial term and that, unless I provide [locationname] with a written notice of cancellation at least 30 days prior to the end of my initial term, my membership will automatically roll over to a month-to-month agreement cancellable at any time by me with a 30-day advance written notice. Once in auto-renewal, also called ‘Evergreen Status,’ I consent to continue paying [locationname] dues in the amount of $[firstevergreenamt_inctax] per month, subject to all other terms of this Agreement.
Authorization for pre-authorized payments:
All references to “I” or “me” in this section shall refer to you: By signing below, I am authorizing Kali Health & Fitness LLC, to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) Kali Health & Fitness LLC may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied
Cancellation:
All prepaid memberships are final sale. No refunds or cancellations are available. All notices under this Agreement may be delivered via email to teamkali@kalihealthandfitness.com.
TERMINATION OF RECURRING DUES MEMBERSHIP:
If you are a M2M member, you may terminate this Agreement at any time by providing Kali Health & Fitness with a 30-day advance written notice to teamkali@kalihealthandfitness.com. There is no termination fee for a M2M membership.
REFUNDS. If you properly rescind or cancel your membership, Kali Health & Fitness will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. If refund due, if any, will be paid to you within the time prescribed by state law.
NOTICE. All notices under this Agreement may be delivered via e-mail to teamkali@kalihealthandfitness.com
Release of Liability; Assumption of Risk; Indemnity:
USING THIS FACILITY OWNED BY KALI HEALTH & FITNESS LLC, OR ANY OTHER KALI HEALTH & FITNESS FACILITY, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), 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 KALI HEALTH & FITNESS, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE KALI HEALTH & FITNESS LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY 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 YOUR USE OF KALI HEALTH & FITNESS, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING KALI HEALTH & FITNESS FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN KALI HEALTH & FITNESS ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND KALI HEALTH & FITNESS ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT KALI HEALTH & FITNESS.
GENERAL PROVISIONS:
MEDICAL CONDITIONS
BEFORE USING KALI HEALTH & FITNESS LLC’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE KALI HEALTH & FITNESS FACILITY AND SHALL INDEMNIFY KALI HEALTH & FITNESS, ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
CUSTOMER SERVICE
Any questions about this Agreement or issues with your membership can be directed to a KALI HEALTH & FITNESS manager via e-mail to teamkali@kalihealthandfitness.com
CHANGE IN MEMBERSHIP OR BILLING INFORMATION
You must promptly notify KALI HEALTH & FITNESS in writing of any changes in your billing information, address or telephone number. You expressly permit KALI HEALTH & FITNESS , or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
DRESS CODE
Proper athletic attire is required. KALI HEALTH & FITNESS reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
SMOKING
Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all KALI HEALTH & FITNESS facilities.
DEFAULT AND LATE PAYMENTS
Should you default on any payment obligation as called for in this Agreement, KALI HEALTH & FITNESS will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under this Agreement is past due for more than 90 days.
A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON.
SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 5 DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE.
Subject to state and federal law. LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a KALI HEALTH & FITNESS facility. KALI HEALTH & FITNESS shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
DESCRIPTION OF SERVICES; HOURS OF ACCESS
Members may partake in group classes by registering on mobile app or in person at studio. Hour of access include 10 minutes prior to and after each class time. Members may not access facilities or use equipment without an instructor or trainer present.
IMAGE USE
You understand that while on KALI HEALTH & FITNESS premises, your, or your minor child's image (including live or recorded video images), may be used or shown on the KALI HEALTH & FITNESS website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images.
NON-DISCRIMINATION
KALI HEALTH & FITNESS represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships
MEMBERSHIP TERMINATION
We reserve the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, we will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.
DISPUTE RESOLUTION (U.S.)
OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH KALI HEALTH & FITNESS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH KALI HEALTH & FITNESS; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR CLUB OF ENROLLMENT. YOU AND KALI HEALTH & FITNESS FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT IF KALI HEALTH & FITNESS IS A PARTY TO THAT PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO KALI HEALTH & FITNESS AT KALI HEALTH & FITNESS 315 N SAN MARINO AVE SAN GABRIEL, CA 91775 WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY KALI HEALTH & FITNESS IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
ENTIRE AGREEMENT
Verbal agreements with a KALI HEALTH & FITNESS employee will not be accepted as valid. Only this Agreement, and all rules and regulations of KALI HEALTH & FITNESS, as revised from time to time, constitute the entire and exclusive agreement between you and KALI HEALTH & FITNESS, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
INVALID PROVISIONS
If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
GOVERNING LAW
This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
LIMITED LIABILITY
Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator 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.
CONSENT TO CONTACT
By signing below, you are giving KALI HEALTH & FITNESS and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone at the number provided for any matter related to your account, including collection of monies owed, alerts and/or notices regarding your purchased services, and promotions that may be of interest to you. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of KALI HEALTH & FITNESS and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.
Brynn Marie
Co-Founder
Kali Health & Fitness
315 N San Marino Ave
San Gabriel, CA 91775
C: 810-397-1954
www.kalihealthandfitness.com
@kalihealthandfitness
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