Membership Agreement and Registration Form
This Membership Agreement is by and between Fortify Training LLC, d/b/a Fortify Training (hereinafter “FT”), and the Member:
Terms of Membership
In consideration of Member’s use of FT equipment and participation in any FT class or program, Member/guardian agrees to the following terms and conditions before becoming a member:
Membership: By submitting this agreement you have authorized FT to bill you for monthly dues. Your account will be billed for the amount specified. A service charge of $25 will be applied for returned checks and payments. Dues must be paid no later than the due date. Your membership is a contractual privilege to use the facilities offered by the FT to members during FT’s normal hours of operation, such hours subject to change periodically. FT reserves the absolute right to initiate, change or eliminate facilities and classes, services and programs, and change its hours of operation. Your membership does not entitle you to any interest in FT or its property, and confers no right to participate in the management or operation of FT.
All memberships auto-renew and require a 30 Day notice if you wish to cancel or you will charged for the membership renewal dues. The only memberships that do not auto-renew are Class Cards and Personal Training.
Personal Training: 48 Hours notice is needed to cancel and/or reschedule a session with your Trainer. Failure to give proper notice will lead to getting such session marked off as used. All Personal Training sessions expire 6 months from the date of purchase.
Dues: Dues for the month in which you join are due in advance at the time of application along with all other amounts then due. You agree to sign and deliver such further documents as may be necessary to set up the payment of your dues and other charges by such other means as FT may establish. FT reserves the right to collect past due balances at any time. FT reserves the absolute right to increase dues at any time. If any payment of dues or other charges is not made on time, FT may, but is not obligated to, terminate your membership by giving you written notice of such termination and you shall immediately surrender your copy of this agreement and your membership to FT. If FT has to take action to collect any amounts due from you, you agree to pay all costs of such action, including, but not limited to: attorney’s fees, returned check charges and administrative costs. Until FT has been duly notified of the termination of your membership and until your copy of the Agreement and your membership are surrendered, dues will continue to be charged to your account. The obligation to pay dues is not dependent upon the availability of FT’s facilities. Events, parties, repairs and/or maintenance of the facilities may make it necessary for the Gym to restrict use of the facilities or to temporarily close FT which will not reduce or suspend the member’s obligation for payment of dues.
Suspension/Termination: You can resign your membership by: giving thirty (30) days advance written notification to FT, and paying all unpaid dues and other charges owed to the FT. Such resignation shall not be deemed effective until after the expiration of the thirty (30) day notice period and after all required payments have been made to FT. Subsequent to your resignation, you shall not be subject to any further dues or other charges. FT may suspend or terminate your membership at any time for any breach of this Agreement or for any violation of the Rules of FT by giving you written notice of such termination. FT may terminate your membership at any time, for any reason, by giving you written notice of such termination, such termination effective immediately thereafter. If FT terminates your membership, you will remain liable for any unpaid dues and other charges against your account. The membership of any member who is thirty (30) days in arrears in his/her account to FT may, at the option of FT, be terminated by FT without notice. All memberships auto-renew and require a 30 Day notice if you wish to cancel or you will charged for the membership renewal dues. The only memberships that do not auto-renew are Class Cards and Personal Training. Class Cards, Personal Training, and Paid in Full Memberships are all non-refundable.
Reservations: Members must reserve their spot in class via Zenplanner. Walk-ins may not be accommodated. You must cancel your reserved spot 6 hours prior to class to avoid a $15.00 charge per class missed. In addition, if you fail to remove your reservation and “no-show” you will be charged $15.00.
Waitlist: If there is a waitlist for class, you are still encouraged to sign up. If a spot becomes available and you become enrolled in class, it is your responsibility to show up. Please, do not sign up for the waitlist if you have no intention of checking your email, the app, or any other notification if you become enrolled. If you become enrolled into class and do not show up, this is considered a “no show” and you will be charged $15.00. FT is not responsible if you sign up for a membership and have a hard time reserving a spot in class. This is the member’s responsibility to sign up ahead of time and will not be considered a reasonable excuse for early termination of your Membership Agreement.
Holds: “Hold” means that the Membership Agreement shall remain in effect, but the privilege of use and the obligation to pay are suspended for a limited period of time. The period that the agreement is suspended during the hold period will be added on to the term upon resumption of the agreement. Member may place Membership on “hold” during the term of this agreement only for reasons contained in this paragraph; no other holds will be permitted. Member may place Membership on hold for an unlimited period at no charge if by a doctor’s written opinion, said member is physically unable to use the facilities in any capacity. Such hold is agreed to be effective only at the end of the month the doctor’s opinion is received by FT. The doctor must give FT in writing a date that the member may resume exercising. FT will recommence usage of the membership term as of that date. A member may for any reason place their membership on hold for up to two months during any 12 month period. Holds are not valid on shorter term memberships; such as 6 Months Unlimited, 3 Months Unlimited, and Class Cards. A charge of $20 per month will apply and must be paid for at the time of requesting a membership hold. The term of the membership will increase by the duration of the hold.
Cancellation and Refund Policy: In order to cancel the membership billing, FT requires a 30 day notification (in writing). Any annual membership early termination or 6 month membership early termination will be subject to a cancellation fee of $300. Class Cards, Personal Training, and Paid in Full Memberships are all non-refundable. Any cancellation pursuant hereto shall be made in writing and delivered by certified or registered mail to FT at the address specified below:
Fortify Training LLC
Attn: Tina Gamache
1060 Osgood St. Suite 5
North Andover, MA 01845
Personal Property: Member agrees that personal property shall not be left at the fitness club after close of business. Member hereby transfers all right, title and interest to any personal property left on the premises at the close of business each day. Member waives any notice for FT to transfer or dispose of any such personal property. Member agrees that FT is not responsible for any lost or stolen property.
Consent: I hereby consent to FT taking photographs or video images of me, additional family member or child while in class or otherwise in the public premises of FT and hereby irrevocably grant FT the right to use my image or likeness in such images or photographs in any advertising, promotion, marketing materials, including any and all social media, print media, or on FT’s website.
Waiver: Member agrees and acknowledges that FT makes no representation as to the safety and condition of the classes or equipment at FT, that neither FT, nor its employees, shareholders, directors, contractors, officers or associates, shall be liable for any damages resulting from personal injuries (including death) sustained by Member, or Member’s guest, in, on, or around the premises, or as a result of the use of any equipment or facilities owned or operated by FT, regardless of whether such injuries result, in whole or in part, from the negligence of FT, it’s employees, contractors, officers, directors, or shareholders. Member assumes and accepts full responsibility for any and all injuries, damages (economic and non-economic), and losses of any type, which may occur to Member or Member’s guest. Member fully releases and discharges FT, its insurers, employees, officers, directors, and associates from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same by known or unknown, anticipated or unanticipated, resulting from or arising out of the use of said equipment or participation in any FT class.
Indemnification: Member expressly agrees to indemnify and hold harmless FT, it’s employees, directors, shareholders, officers, and associates from any claims, demands, damages, or causes of action of any person or entity that may arise from injuries or damages sustained by Member or Member’s guest.
Personal Safety: Member understands, acknowledges, and accepts that the use of gym equipment and/or participation in any FT class involves inherent risk of serious injury, including permanent injury or death. Member represents and warrants to FT that he or she has no knowledge of any medical condition which would place Member at greater risk of such injury or death when participating in FT classes or utilizing FT equipment. If Member has any questions as to Member’s health or safety, Member will consult with a physician of Member’s choosing, at Member’s own expense, and will not rely on the advice or recommendations of any FT employee and contractor.
Buyers Rights: FT agrees to refund the member the pro rata cost of any unused services, within 15 days after request therefor, if the member is (1) unable to receive benefits from FT by reason of death, disability, or extended illness beyond 3 months. FT may require that the disability or extended illness be confirmed by an examination of a physician agreeable to the member and FT, provided, however, that this subparagraph shall not operate to prevent the member from proving the disability in a judicial proceeding; (2) FT relocates the facility more than 8 miles from its present location, or the services provided by FT are materially impaired; (3) the member moves more than 25 miles away from FT. FT agrees to refund the member the pro rata cost of any unused services within 15 days after FT ceases operation. Upon the occurrence of any of the circumstances listed above, the member or the member's estate shall be relieved of any further obligation for payment under the contract not then due and owing.
Rules & Policies
∙ Appropriate indoor workout shoes must be worn at all times while in the gym
∙ Memberships are not refundable and not transferable
∙ All equipment will be wiped down with provided cleaning supplies after each use
∙ Each member must respect other gym users and behave in an appropriate manner at all times
∙ FT reserves the right to rescind the rights of members not complying with terms and conditions of the membership
∙ FT is not responsible for lost or damaged personal items
∙ Children between the ages of 12 – 15 who are part of the Family Membership may participate in studio classes; provided, however, that children 15 and under must be accompanied by an adult at all times (unless specified enrolled in a program for children not requiring parent/guardian supervision)
∙ FT will not be held responsible for any injury.
∙ For the safety of our members, employees, equipment, and property, surveillance cameras may be installed throughout the premises and used at the owner’s sole and non-reviewable discretion, during such days and times as the owner shall determine necessary or reasonable.
COVID-19 Waiver (if deemed necessary) : By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons. Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.
I am 18 years of age or older. I have read the contract terms, including waiver and release of liability, and accept them. I understand that I may consult with an attorney of my choosing if I wish to do so before entering into this Agreement.
MEMBER SIGNATURE:__________________________________________________ DATE:__________________