Fit Factory Terms and Conditions
You must provide a 30 day notice, via email, in writing, or text, to cancel any membership. You will be charged your final monthly payment (if applicable) on the day we receive notice of the cancellation. Prepaid memberships are NOT REFUNDABLE after 3 days.
Late Fee: There will be a recurring late payment penalty due in an amount of $15 for every 5 days after the date due through and including the date paid. Example, a $30 late fee will be due if payment if 10 days late. Please be responsible.
Policies and Rules:
I understand and agree that if I cancel my membership and wish to join at a later date, I will be subject to the current monthly cost and any associated fees. I understand that my previous rate is not guaranteed, and I will need to sign up as a new member.
I agree to pay $100 fine if caught sneaking non paying guests into the gym. I understand my membership may be revoked as well.
I understand that if I break any equipment by using it improperly that I will be liable for the bill to either repair or replace said equipment.
We have a zero tolerance policy for harassment of any kind and reserve the right to terminate your membership at any time.
I will not wear muddy or dirty shoes into the gym and track dirt everywhere
I will put my weights away in their proper place, i.e., the 45lbs plates do not go on the
same storage pin as the 5lb plates.
I will not drop or slam any weights (this includes machine weight stacks) unnecessarily.
I will not ego lift or be obnoxiously loud
I will use a spotter when necessary
I will respect others and be courteous to those working out
I will wipe down my equipment after each use
I will not make a giant mess if using chalk
Sauna Rules
Max temp setting is 185 degrees.
No shoes in the sauna.
No food or drink in the sauna.
Please bring a towel with you to sit on.
Please turn the sauna off if you're the last one in.
Use the sauna at your own risk. If you start to feel dizzy or otherwise unwell, exit the sauna immediately.
Please consult your physician before using the sauna.
1. DISCLAIMER OF LIABILITY. Fit Factory urges all members to obtain a physical examination from their physicians prior to the use of any
exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Fit Factory its officers, agents, employees, instructors or assigns.
2. RULES AND REGULATIONS. MEMBER AGREES TO FOLLOW CLUB RULES AS PROMULGATED FROM TIME-TO-TIME. Violation of these rules may be the cause for suspension or cancellation of membership.
3. 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.
4. NOTICE. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
5. JURISDICTION. To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Idaho and to the application of Idaho law.
6. ENTIRE AGREEMENT. The Member and Fit Factory acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
7.CANCELLABILITY AND TRANSFERABILITY. This membership is not negotiable, transferable or cancellable except as otherwise provided herein. This Agreement will bind and inure to the benefit of Fit Factory permitted successors and assigns.
8.BUYER'S RIGHTS TO CANCEL.
A. THREE DAY CANCELLATION. If the buyer so chooses, the contract may be cancelled within 3 business days by providing written notice to Fit Factory. Upon receipt of notice of cancellation the health club shall refund to the buyer all monies within 30 days, including any processing and/or initiation fee, paid under the contract.
B. DEATH OR PERMANENT DISABILITY. If, by reason of death or permanent disability, the member is unable to use the services and/or products offered by Fit Factory and acceptable written proof thereof is received by Fit Factory at the address at the bottom of this agreement, the member and their estate shall be relieved from the obligation of making payment for the services and/or products other than that received prior to death or the onset of disability.
C. PERMANENT RELOCATION. Should member(s) permanently move their residence more than 15 miles from an affiliated area, payment on this agreement will be suspended upon payment of an appropriate cancellation fee of $90 and acceptable written verification of the move is received by Fit Factory at the address at the bottom of this agreement. All installment payments must be current to date of move.
D. BUYOUT. The member may cancel this agreement at any time within in term, by paying the remaining agreement balance owed and sending a written (30) thirty day notice to Fit Factory at the address at the bottom of this agreement.
9. LATE PAYMENT PENALTY
In addition to the above terms, if any payment is not timely made by the due date, in addition to the sum due there shall be a recurring late payment penalty due in an amount of $15 for every 5 days after the date due through and including the date paid. Example, a $30 late fee will be due if payment if 10 days late.
Waiver and Release of Liability
In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by my, or my guests in, on, or
about the premises, or as a result of the use of the equipment or facilities, regardless, regardless of whether such injuries results, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, 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 be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I expressly agree to indemnify and hold the company harmless against all claims, demands, damages, rights of action, or causes
of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and well-being of my guest and myself. I understand that the company does not provide supervision, instruction or assistance for the use of the facilities and equipment. I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I warrant that I am in good health and am physically capable of using the Fit Factory facilities and equipment.
I warrant that all information provided to Fit Factory including my name, contact information, birthday/age, and emergency contacts, are accurate.
I agree to be contacted by SMS (text message) or email for billing and account purposes. Fit Factory reserves the right to terminate any membership for any reason at any time.
Fit Factory
17 E. Oneida St.
Preston, ID, 83263