KRRM LLC DBA Clermont CrossFit / CrossFit Surfside WAIVER OF LIABILITY
The Membership Service and Release of Liability Agreement (the “Agreement”) is between KRRM LLC DBA Clermont CrossFit / CrossFit Surfside and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed by KRRM LLC DBA Clermont CrossFit / CrossFit Surfside and the Client that Client is purchasing, for the benefit of the Client, a fitness program Membership plan or Session(s), from KRRM LLC DBA Clermont CrossFit / CrossFit Surfside according to the terms of this Service Agreement.
Client hereby authorizes KRRM LLC DBA Clermont CrossFit / CrossFit Surfside or its assignee to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial and recurring (if applicable) payment or replacement account designated by Client and accepted by KRRM LLC DBA Clermont CrossFit / CrossFit Surfside for payment of any and all fees, late charges, costs, expenses or any other monies due to KRRM LLC DBA Clermont CrossFit / CrossFit Surfside under the terms and conditions of this Agreement.
Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated upon fifteen (15) days written notice to, and approved by, KRRM LLC DBA Clermont CrossFit / CrossFit Surfside. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside or its assignee(s) reserves the right to add the following fees to the Client’s account balance should any of the following occur. A reserved class that is unattended or not signed into ten dollars. Payments received more than ten (10) days after the due date are assessed a late fee-ten dollars. IMPORTANT NOTE: Client, by signing and agreeing to partake in KRRM LLC DBA Clermont CrossFit / CrossFit Surfside services and related activities, agrees to release KRRM LLC DBA Clermont CrossFit / CrossFit Surfside from liability due to participation. Client is urged to have this release agreement reviewed by their attorney before signing.
By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions below) after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges Client received a completed copy of this agreement, which includes the E.F.T. request, the release and waiver of liability, and Additional Terms and Provisions located in the Agreement. This Agreement constitutes the entire agreement of the parties and no other
agreement or understanding exists between Client and KRRM LLC DBA Clermont CrossFit / CrossFit Surfside. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement.
You, the client, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Saturdays, Sundays, and Holidays. To cancel this agreement, send written notice via email ([email protected]) or certified mail notice stating that you, the client, are canceling this agreement.
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of KRRM LLC DBA Clermont CrossFit / CrossFit Surfside and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group-based functional fitness and exercise equipment in association with the Classes and use of the Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
If in the subjective opinion of the KRRM LLC DBA Clermont CrossFit / CrossFit Surfside staff, you would be at physical risk using KRRM LLC DBA Clermont CrossFit / CrossFit Surfside’s Classes and Facilities, you understand and agree that you may be denied access to the Classes and Facilities until you furnish KRRM LLC DBA Clermont CrossFit / CrossFit Surfside with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing KRRM LLC DBA Clermont CrossFit / CrossFit Surfside’s concerns and stating that NCFIT’s concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, whether sustained while using exercise equipment or not, (2) release, indemnify, and hold harmless KRRM LLC DBA Clermont CrossFit / CrossFit Surfside, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of KRRM LLC DBA Clermont CrossFit / CrossFit Surfside’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using KRRM LLC DBA Clermont CrossFit / CrossFit Surfside’s Classes and Facilities, and should not be participating in any Classes.
If you are under 18, you may register and use the Website and App only with the involvement of a parent or guardian. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside does not accept the online registration of minors; please do not attempt to register on the Website or App if you are under the age of 18. Registration of a minor must be completed in person at one of our studios with a parent or guardian.
In no event will KRRM LLC DBA Clermont CrossFit / CrossFit Surfside be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, your purchase of a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside membership, your rights to cancel your purchase of a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside membership, your registration for classes, your purchase of merchandise, your communication with KRRM LLC DBA Clermont CrossFit / CrossFit Surfside, and your use of and attendance at KRRM LLC DBA Clermont CrossFit / CrossFit Surfside’s gyms, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if KRRM LLC DBA Clermont CrossFit / CrossFit Surfside expressly advised of the possibility of such damage.
All information, goods, services, products and experiences are provided by KRRM LLC DBA Clermont CrossFit / CrossFit Surfside on an “as is” basis only. The entire risk as to the quality and performance of the goods, services, products and experiences remains with you. Should the goods, services, products and/or experiences prove defective after purchase, you assume the entire cost of such defect. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
By using the Website or App, purchasing a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside membership, registering for a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside class, purchasing merchandise, and/or using or attending a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside class, you signify your acceptance of the Terms. If you do not agree to this, please refrain from using the Website or App, purchasing a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside membership, registering for a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside class, purchasing merchandise, and/or using or attending a KRRM LLC DBA Clermont CrossFit / CrossFit Surfside class.
Clermont CrossFit TERMS AND PROVISIONS
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) 6 Month Contract (Paid Monthly), (3) 12 Month Contract (Paid Monthly), (4) 6 Month Prepaid Membership, (5) 12 Month Prepaid Membership, and (6) 1, 5, and 10 Class Packs. All Membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored.
Clermont CrossFit TERMS AND PROVISIONS
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching designed to progress the Client toward elite fitness. The agreement is for coaching services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their Membership package. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside offers the following Membership options to its Clients: (1) Month-to-Month Membership, (2) 6 Month Contract (Paid Monthly), (3) 12 Month Contract (Paid Monthly), (4) 6 Month Prepaid Membership, (5) 12 Month Prepaid Membership, and (6) 1, 5, and 10 Class Packs. All Membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored.
Clermont CrossFit MEMBERSHIP OPTIONS:
1.) Month-To-Month
2.) 6 Month Agreement (Paid Monthly)
3.) 12 Month Agreement (Paid Monthly)
4.) 6 Month Paid In Full
5.) 12 Month Paid In Full
6.) 10 Class Packs
Client has two options for payment of Month-to-Month, 6 Month, 12 Month and Pre Paid Month Membership Agreements: (1) Payment in full may be made for all services, or (2) Monthly payment by credit card, cash, per the guidelines of the Agreement. Each month, the monthly payment is charged to the Client’s credit card, on the first calendar day. In the event the Client starts their Membership prior to or after the first calendar day of the month, the Client will be billed on a prorated basis for their initial month.
Prepaid Memberships: Client must pay the full balance for all services included in the Prepaid Membership plan. Payment in full may be made for all services by credit card, cash, or EFT, per the guidelines of the Agreement.
Month-to-Month Membership Agreement: Client acknowledges that the Month- to-Month Membership Agreement will be automatically renewed upon expiration. Each term shall begin the day following the previous expiration date and shall continue, in perpetuity, until such time as Client follows the necessary cancellation process. Client may also incur an inflation fee increase of 3% annually on January 1st. This increase may be automatic and no advanced notice of such increase is required. Prepaid Memberships: Client acknowledges that the Prepaid Memberships will NOT automatically renew and will expire at the end of the term.
CLIENT’S RIGHT TO CANCEL:
Month-to-Month Membership Agreement: The Client may terminate the Month-to-Month Membership Agreement, without penalty with fifteen (15) days advance written notice of their bill date. Written notice stating that you, the Client, are canceling this Month-to-Month Membership Agreement, must be sent to CLERMONT CROSSFIT. via email ([email protected]) or by certified mail.
Annual(12 Month) and Semi Annual(6 Month) Membership Agreements: The Client may only terminate the Annual or Semi Annual Membership Agreement, without penalty, by reason of death or disability. If Client is unable to receive all CLERMONT CROSSFIT services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed physician’s note regarding the nature of the disability). Written notice accompanied by a signed physician’s note must be sent to CLERMONT CROSSFIT via email ([email protected]) or by certified mail within fifteen (15) days of requested termination date.
Prepaid Memberships: These plans are not subject to any early termination options. Client’s Membership shall cancel automatically at the end of the specified term. No credit will be provided for any unused time or portion. All unused time will be automatically forfeited.
8 Month Membership Agreements: If the client wishes to cancel his or her membership before the end of the contractual agreement, the client will be subject to an early termination fee the equivalent of two (2) months.
First-time users may terminate their membership within 15 days of initial sign-up, with no penalty, if dissatisfied with the service. The client must notify [email protected] within 15 days of initial sign-up in order to receive a refund of the first month’s payment.
Month-to-Month Membership Agreement, 6 Month Membership Agreement, 12 Month Membership Agreement, Semi-Annual(6 Month) Membership Agreement, Annual(12 Month) Membership Agreement, Prepaid Memberships: The Client may place their Membership on hold two (2) times per calendar year, up to two (2) consecutive months each time. Must be 30 days in duration at minimum.
Upon expiration of the term of the hold, the Client’s account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts the Annual Membership Agreement contract period and the contract term will resume upon the release of the Client’s hold period.
Month-to-Month Membership Agreement, 6 Month Membership Agreement, 12 Month Membership Agreement, Semi-Annual(6 Month) Membership Agreement, Annual(12 Month) Membership Agreement, Prepaid Memberships: The Client may place their Membership on hold two (2) times per calendar year, up to two (2) consecutive months each time. Must be 30 days in duration at minimum.
Upon expiration of the term of the hold, the Client’s account will automatically become active and payments will resume. Should the Client choose to return prior to the end of their hold period, the hold will be released and payments will resume. The submission of a hold effectively halts the Annual Membership Agreement contract period and the contract term will resume upon the release of the Client’s hold period.
A: CLASS RESERVATIONS / CHARGES AND POLICIES ACKNOWLEDGMENT:
In order to attend a class, you must first complete our waiver, and purchase either a Class 10 Pack, a Membership, or pay a $20 Drop In fee.
ALL CrossFit classes are CAPPED AT 16 PEOPLE, and ALL FIT classes are CAPPED AT 15 PEOPLE
Reserve your spot in class up to 1 week in advance by logging into your account on www.ClermontCrossFit.com or by downloading and using the Zen Planner Member App. If you do not know how to do this, it is your responsibility to request help by contacting us via email at [email protected] or stop by the front desk and we can walk you through the easy process.
Class Cancellations must be completed 1 hours prior to the class start time.
– A reserved class that is missed or not signed into will result in a $10 missed class fee.
-If you DO reserve you are required to sign in. If you DON’T reserve you are still required to sign in. Please sign in.
If a cancellation needs to be made within the 1 hour limit you can directly contact Steph or Kyle subject to availability.
-Buy signing below you acknowledge and accept these policies, and authorize CLERMONT CROSSFIT to automatically bill your credit card on file the $10 missed class fee when a reserved class is missed or not signed into.
The minimum age requirement for Membership is 18 years old. Children age 5 to 14 years may enroll in “Kids Fit” Memberships, so as long as their parent or legal guardian provides advance consent in writing. All Clients must sign in with the front desk staff and must provide identification (Government issued ID card, Driver’s License, or Passport) unless they have a clear and unobstructed picture of their face within their athlete profile.
No, smoking, drugs, alcohol, weapons, tools, chewing tobacco, or loitering are allowed on the premises. Additionally, workout bags and glass containers are not allowed on the workout floor. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside is not responsible for personal property left on or stolen from its premises. Premises are defined as the areas in which services are provided as well as parking lots.
KRRM LLC DBA Clermont CrossFit / CrossFit Surfside reserves the right to refuse entry or Membership to anyone that abuses KRRM LLC DBA Clermont CrossFit / CrossFit Surfside equipment or fixtures, engages in fighting, loud or obnoxious behavior, or disrespectful behavior toward the KRRM LLC D.B.A staff, guests, or Clients (are all grounds for immediate Membership suspension and/or termination). Clients agree to allow KRRM LLC DBA Clermont CrossFit / CrossFit Surfside, its agents, officers, principals, employees and volunteers the use of any and all picture(s), film and/or likeness of Client for marketing, advertising, or teaching purposes. Client also acknowledges that there are security cameras on the premises and that Client may be filmed and recorded. KRRM LLC DBA Clermont CrossFit / CrossFit Surfside may temporarily take facilities or equipment out of operation for reasonable repairs, modifications, substitutions, or improvements.
KRRM LLC DBA Clermont CrossFit / CrossFit Surfside reserves the right to make changes to the type or quantity of classes or equipment offered.
While KRRM LLC DBA Clermont CrossFit / CrossFit Surfside strongly encourages all new clients to sign the company’s Waiver Membership Agreement, if a new client continues to use KRRM LLC DBA Clermont CrossFit / CrossFit Surfside services but does not have a current signed Membership Agreement and Waiver on file after seven calendar days of using the service, the client, by default, agrees to the most up-to-date KRRM LLC DBA Clermont CrossFit / CrossFit Surfside Membership Agreement and Waiver, and therefore assumes all risk as stated in the Membership Agreement and the Waiver.
KRRM LLC. D.B.A EAT FIT Policies and Guidelines:
If you have any questions about these Terms you can reach us at [email protected] or [email protected]
