Terms and conditions for Drop In Pass
1. Terms and Conditions
By signing this membership agreement (“Agreement”), I (the “Client”) understand that I will be entering into a legally enforceable agreement with Speed Power Strength Partners, Inc. (“SPS”). Client understands that the terms of this Agreement along with the waiver agreement (“Waiver Agreement”) signed separately from this Agreement will govern all aspects of Client’s use of the SPS facilities and participation in classes. Client also agrees to comply with all SPS policies and procedures which are either posted online or which are otherwise communicated to Client by SPS from time to time.
2. Membership Options
Client has opted for one the following enrollment options:
Barbell only classes (Powerlifting and Olympic lifting)
Conditioning and personalized strength programs
Unlimited access to all programs
Punch Cards (Note: Punch cards expire six months after the date of initial class)
Drop In Visits and Private Coaching
3. Payment Options
Client agrees to pay the fee applicable to the enrollment option selected and authorizes SPS to debit Client’s credit or debit card or checking account, in accordance with Client’s prior authorization. Client further agrees that enrollment options will be automatically renewed, unless cancelled in accordance with Section 4 (“Cancellation Rights”). Client will pay the agreed fees for the duration of the contract; provided that SPS may increase Client’s fee schedule effective as of the next contract period for which Client becomes enrolled. Client will pay fees for any late and/or declined payments. Customer understands and agrees that special engagements, repairs and maintenance of some facilities may make it necessary for SPS to restrict use of, or close, one or more of the facilities (or portion thereof) and that fees will not be reduced or suspended during the time when one or more of the facilities (or portion thereof) are unavailable.
4. Cancellation Rights
Monthly Memberships. All monthly contract membership (i.e., month-to-month) fees are non-refundable, paid in advance of service and will be automatically renewed at the end of each term at the current rate, unless Client cancels his/her membership by notifying SPS personnel at least 15 days in advance of the expiration of the month. There are no refunds for membership fees and SPS will not prorate a cancelled membership.
Long Term Memberships. If Client has a contract membership longer than one month (e.g., 3-month or 12-month), Client may cancel this contract for one or more of the following reason as follows:
a. Relocation: If Client moves his/her residence more than twenty-five (25) miles from the SPS facility, Client will notify SPS in writing at least thirty (30) days in advance of the intended date of cancellation. If prepaid, no refund shall occur.
b. Death or Disability: If Client dies or becomes disabled, then this Agreement shall terminate as of the effective date of written notification and Client will be issued a pro-rata refund of any prepaid fees. For the purposes of this provision, “disability” means a condition which precludes the Client from physically using the facilities, as verified by a physician.
c. Three Class/Day Right of Rescission. New clients have 3 classes after signing this Agreement to cancel his/her membership without penalty by providing written notice to SPS. If the Agreement is cancelled within 3 classes, SPS will refund upon all amounts paid under the contract within 30 days after receipt of the notice of cancellation.
This Agreement is not cancelable by Client except as expressly provided above including, without limitation, by reason of Client’s failure to utilize the SPS facilities.
5. Late Payment
Membership fees must be paid effective the 1st day of the month when due. SPS will assess a late payment fee of $25 on any payment past due. SPS may, in its discretion, terminate this Agreement if fees are not timely paid.
6. Freeze Policy
Client may put his/her membership on freeze, for a minimum of two weeks and in one week increments. Notice of freeze must be given to SPS at least two days prior to the intended first day of the weeks to be frozen. Client will not be billed for frozen weeks. Billing will resume automatically upon end of freeze. Yearly clients will have current year extended by the number of frozen weeks.
7. Suspension and Termination
Client understands and agrees that SPS has the right to suspend and/or terminate this Agreement and/or Client’s participation in any program for any cause or reason, include the non-payment of fees, or for any behavior deemed by SPS’ management to be harmful or inappropriate to the enjoyment, and/or participation of any other client or SPS’ instructor/trainer. . If SPS terminates this Agreement pursuant to this section, Client will not be entitled to refund of any pre-paid fees and will be responsible any other remaining fees for the remainder of the contact term.
8. Change of Rules and/or Regulations
SPS reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by SPS from time to time.
9. Photo and Likeness
SPS may take photos and video of its members during workouts or special events, and may choose to post the photos on the SPS website or social media sites. Client agrees that his/her imagery and likeness are approved for SPS to use for any purpose pertaining to the general nature of the industry. There is no compensation for any imagery or likeness used in any form whether promotional or commercial.
10. General Policies for Minors
Minors Under 15: May not use SPS facilities unless they are in a kids program. Client agree to supervise such minors and to be wholly responsible for their conduct at all times while in the SPS facilities, and that SPS shall in no way have any obligation to supervise such minors.
Minors 15 - 17: May use SPS facilities without being accompanied by a parent or guardian if the minor is a member or a guest and their parent or guardian signed the proper paperwork and the membership agreement. SPS reserves the right, in its discretion, to require that a parent or guardian accompany a minor.
11. Miscellaneous.
This Agreement shall be governed by the internal laws of the state of California without regards to its conflicts of laws principles. This Agreement shall be binding upon and inure to the benefits of the parties hereto and their respective heirs, successors and permitted assigns. This Agreement and the rights and obligations hereunder may not be assigned or transferred by Client without the prior written consent of SPS. If any term or portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties and replaces all prior or contemporaneous discussions, representations, guarantees, understandings and agreements, written or oral.
12. Acknowledgement
Client has read this Agreement, fully understands its terms and provisions, and agrees to be bound by its provisions. By signing, Client understands that s/he is entering into a legally enforceable agreement.