Membership terms of agreement 2020-06-29T07:24:48-04:00

Updates to our Membership Agreement
As of June 25, 2020

At CrossFit Main Line we value clarity and transparency – and you our customer! We wanted to let you know about some changes we’re making to our Terms of Use and Membership Agreements. Beginning July 1, 2019 your use of our services will be subject to the updated Membership Agreement.

You can read the full agreement below. We’ve outlined the major change below:

Changes to our Membership Agreement:

• COVID-19 and Other Illnesses-Terms of Use: In consideration of my access to and use of CrossFit Main Line facilities and equipment, I and all those in my party acknowledge that I must not use CrossFit Main Line if (i) I am or anyone in my household is experiencing symptoms of illness (“Symptoms”), including but not limited to fever, sore throat, cough, shortness of breath, difficulty breathing, chills, muscle pain, the recent loss of taste or smell, or gastrointestinal issues including nausea, vomiting or diarrhea, or (ii) I have come in close contact (within 6 feet) with anyone with Symptoms in the past 14 days or anyone who has been diagnosed with COVID-19 in the past 14-days.  An inherent risk of exposure to illnesses, including but not limited to COVID-19, exists in any public place where people are present. COVID-19 and other transmissible illnesses are  extremely contagious diseases that can lead to severe illness and death. Senior citizens and those with underlying medical conditions are especially vulnerable. Health officials and medical experts have recommended, among other things, that individuals engage in physical distancing. Visiting CrossFit Main Line involves health and personal injury risk related to exposure to COVID-19 and other illnesses, and I assume the risk of illness, injury, or death as a result of such access and participation and release CrossFit Main Line CrossFit and all Releasees from and against all Claims as provided herein . Members must maintain a minimum distance of six feet, at all times, in all areas; Members of the same family are the only exception. Face masks are recommended throughout CrossFit Main Line and required in certain portions of the facilities.  CrossFit Main Line may change rules and procedures for use of the facilities and equipment at its discretion, which changes may be posted within the facility at CrossFit Main Line or on CrossFit Main Line’s website.

MEMBERSHIP AGREEMENT

Conditional Guarantee: If you meet the requirements as outlined in our client guarantee and can honestly say that after your initial 90 days of training you don’t look or feel any better than when you started, we will refund 100% of your investment.

Membership Cancellation If you log into class but do not attend it counts as a used session CANCELLATION OF MEMBERSHIP PRIOR TO THE EXPIRATION OF ANY SPECIFIED COMMITMENT PERIOD REQUIRES AN EARLY TERMINATION FEE OF THE LESSER OF THE BALANCE OF MEMBERSHIP FEES DUE FOR THE BALANCE OF YOUR TERM OR 3 MONTHLY MEMBERSHIP FEES (90 DAYS). 

Hold Policy: Under certain circumstances, you may request CrossFit Main Line to allow you to put your membership on hold. HOLDS DO NOT STOP RECURRING MEMBERSHIP PAYMENTS, ARE LIMITED TO THE TERMS BELOW AND EXTEND THE ORIGINAL TERMS OF THE AGREEMENT. THE AMOUNT OF TIME REQUESTED AS HOLD SHALL BE ADDED TO THE END OF YOUR MEMBERSHIP, FREE OF CHARGE. 9 MONTH MEMBERSHIPS ARE LIMITED TO 7 DAYS HOLD. 12 MONTH MEMBERSHIPS ARE LIMITED TO 14 DAYS HOLD. MEMBERSHIPS GREATER THAN 12 MONTHS ARE LIMITED TO 28 DAYS HOLD. MONTH-TO-MONTH MEMBERSHIPS ARE NOT ELIGIBLE FOR MEMBERSHIP HOLDS.

Training Sessions: You document your personal requirements and training performance at each session so you can train with any of our trainers at any session. You may reserve a specified time slot. To be considerate of other clients, all sessions end 60 minutes after the scheduled class time.

Payment: All group classes are by pre-pay monthly memberships only. The amount paid is non-refundable except as stated hereafter. Sessions are not transferable.

Rules: You agree to follow all instructions of your Coach.

Health: You represent that you do not have any health condition that strenuous exercise could make worse. You understand that our Coaches are not medically trained to monitor your health during exercise. You agree to contact your own Doctor for any questions regarding your ability to exercise safely. This program is for your recreational use only.

WE MAY INCREASE RATES AT ANY TIME. ANNUALLY, ON MARCH 1 ALL AGREEMENTS SHALL AUTOMATICALLY INCREASE BY 3% WITHOUT NOTICE. A 8.75% PROCESSING FEE WILL BE ADDED TO ALL PAYMENTS. You may cancel this agreement within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to CrossFit Main Line. You will receive a complete refund of all monies paid within 40 days after receipt of the notice of cancellation made within the 3 business day provision. You may also cancel this agreement under other conditions stated on page 2. Page 2 contains a waiver of any right you may ever have to claim any damages for loss, injury, or death from CrossFit Main Line and others. By signing below, you acknowledge you have read, understand, and agree to all terms on pages 1, 2 and 3, and have received a completed copy of this agreement.

Entire Agreement: Pages 1, 2 and 3 constitute the entire agreement. I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement. 

Cancellation upon death or disability: The buyer may cancel this agreement if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the agreement until the time of disability, with refund of funds paid or accepted in payment of the agreement in an amount computed by dividing the agreement price by the number of weeks in the agreement term and multiplying the result by the number of weeks remaining in the agreement term. The buyer or the buyer’s estate seeking relief under this paragraph shall provide proof of disability or death. A physical disability sufficient to warrant cancellation of the agreement by the buyer shall be established if the buyer furnishes to the health club a certification that the buyer has a condition which precludes the buyer from using one-third or more of the health club facilities for a period of six months or more and the disability is verified  by a physician licensed in the Commonwealth of Pennsylvania to the extent the diagnosis or treatment of the condition is within the physician’s scope of practice. The buyer is permitted to extend the membership term of the contract at no additional cost for a period of time equal to the duration of a disability where the buyer has a disability which precludes the buyer from using one-third or more of the health club facilities for a period of less than six months and the disability is verified by a physician licensed in the Commonwealth of Pennsylvania. A refund shall be issued within 40 days after receipt of the notice of cancellation made pursuant to this paragraph.

Other Cancellation Provisions: Under this contract no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health club at which the contract is entered ceases operation and fails to offer a comparable alternate location within ten miles. Notice of intent to cancel, the buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested, to the address specified in the health club contract; that all money to be refunded upon cancellation of the health club contract shall be paid within 40 days of receipt of the notice of cancellation; and that, if the buyer has executed a credit, lien or automatic funds transfer agreement with the health club to pay for health club services, any negotiable instrument or credit or lien agreement executed by the buyer shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation. Until three business days after the health club has provided the buyer with a signed copy of a contract the buyer may cancel the contract at any time. Such a notice of cancellation from the consumer shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s agreement. The business location of a health studio shall not be deemed out of business when: (i) temporarily closed for repair and renovation of the premises; (ii) upon sale, closed for not more than 14 consecutive days; or (iii) during ownership, closed for not more than 30 consecutive days. If the health club facility temporarily closes for 30 days or less, the buyer shall receive an extension of the membership term equal to the period during which the facility is closed. The buyer may cancel the contract if the health club facility closes for more than 30 days and the health club fails to provide a comparable facility within ten miles of the location designated in the health club contract. The buyer may cancel the contract if the buyer provides reasonable documentation that buyer has moved more than 25 additional miles from the health club and is unable to transfer the contract to a comparable facility located within five miles of buyer’s new residence.  Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term. The buyer should contact the Commonwealth of Pennsylvania within 60 days should CrossFit Main Line go out of business.

The initial agreement will not be for a period in excess of 36 months and thereafter shall be renewable for a period not in excess of 36 months. Such renewal agreements shall be accepted by you and the fee therefore paid at the expiration of the then-current term of the agreement. You agree that CrossFit Main Line shall notify you of the expiration of the current term of this agreement and terms for renewal of this Agreement via email to the last email address you provided to CrossFit Main Line. YOUR CONTINUED USE OF THE FACILITY AFTER EXPIRATION OF THE THEN-CURRENT TERM OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE RENEWAL OF YOUR MEMBERSHIP ON A MONTH-TO-MONTH TERM AT THE THEN CURRENT MONTHLY MEMBERSHIP RATES OF CROSSFIT MAIN LINE.  

CHANGES TO TERMS: CROSSFIT MAIN LINE MAY AMEND THE TERMS OF THIS AGREEMENT EXCEPT AS RESTRICTED BY APPLICABLE LAW AT ANY TIME IN ITS DISCRETION. SUCH AMENDMENTS WILL BE EFFECTIVE UPON POSTING OF THE AMENDED TERMS ON CROSSFIT MAIN LINE’S WEBSITE. NOTICE OF ANY AMENDMENT WILL BE PROVIDED TO YOU VIA EMAIL TO THE LAST EMAIL ADDRESS YOU PROVIDED TO CROSSFIT MAIN LINE. Following the posting and notice to you of any amendment, you may give CrossFit Main Line written notice within 3 days of the posting that you reject the amended terms. IN THE ABSENCE OF SUCH WRITTEN NOTICE, YOUR CONTINUED USE OF THE FACILITY OR PAYMENT TO CROSSFIT MAIN LINE  MEANS YOU ACCEPT AND AGREE TO THE AMENDED TERMS.

NOTICE OF CONSUMER RIGHTS -BUYER’S RIGHT TO CANCEL
-  IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING OR MAILING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WRITTEN NOTICE TO THIS HEALTH CLUB. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE CONTRACT AND MUST BE MAILED BEFORE 12 MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN AND RECEIVE A COPY OF THIS CONTRACT. THE NOTICE MUST BE MAILED TO THE APPROPRIATE LOCATION (CROSSFIT MAIN LINE – ARDMORE 10 EAST ATHENS AVENUE SUITE 100 ARDMORE, PA 19003) (CROSSFIT MAIN LINE – WAYNE 125 EAST SWEDESFORD ROAD SUITE 267A WAYNE, PA. 19087). You acknowledge that you have inspected the facility and it is in full operation.  However, in some cases you may also cancel this contract if you signed it before the health club facility was completed a. If you cancel, the health club may be entitled to a certain portion of the contract price. If the health club goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details, read your contract carefully. Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorney. Notice of claims and defenses. – NOTICE. Any holder of this contract or note 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.                                      

Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions

In consideration of the permission to use the facilities, equipment, services, premises, and products provided at CrossFit Main Line (hereafter CrossFit Main Line) today, and at any time in the future, I understand and agree to all the following:

Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.

Waiver and Release of Liability: I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representatives, successors and assigns, and anyone else claiming by or through me to release, waive, and discharge CrossFit Main Line , its corporate affiliates, subsidiaries, directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “Releasees ”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of the Releasees arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending CrossFit Main Line  or using its equipment, facilities, services, products, and/or premises; and (2) any damage to, loss of, or theft of my property.

COVID-19 and Other Illnesses-Terms of Use: In consideration of my access to and use of CrossFit Main Line facilities and equipment, I and all those in my party acknowledge that I must not use CrossFit Main Line if (i) I am or anyone in my household is experiencing symptoms of illness (“Symptoms”), including but not limited to fever, sore throat, cough, shortness of breath, difficulty breathing, chills, muscle pain, the recent loss of taste or smell, or gastrointestinal issues including nausea, vomiting or diarrhea, or (ii) I have come in close contact (within 6 feet) with anyone with Symptoms in the past 14 days or anyone who has been diagnosed with COVID-19 in the past 14-days.  An inherent risk of exposure to illnesses, including but not limited to COVID-19, exists in any public place where people are present. COVID-19 and other transmissible illnesses are  extremely contagious diseases that can lead to severe illness and death. Senior citizens and those with underlying medical conditions are especially vulnerable. Health officials and medical experts have recommended, among other things, that individuals engage in physical distancing. Visiting CrossFit Main Line involves health and personal injury risk related to exposure to COVID-19 and other illnesses, and I assume the risk of illness, injury, or death as a result of such access and participation and release CrossFit Main Line CrossFit and all Releasees from and against all Claims as provided herein . Members must maintain a minimum distance of six feet, at all times, in all areas; Members of the same family are the only exception. Face masks are recommended throughout CrossFit Main Line and required in certain portions of the facilities.  CrossFit Main Line may change rules and procedures for use of the facilities and equipment at its discretion, which changes may be posted within the facility at CrossFit Main Line or on CrossFit Main Line’s website.

Indemnification and Hold Harmless: I agree on behalf of myself, my spouse, my heirs, personal representatives, successors and assigns, and anyone else claiming by or through me to indemnify and hold harmless CrossFit Main Line CrossFit and all Releasees, from and against any and all claims, demands, proceedings, lawsuits, judgments, losses or liabilities of any nature (collectively “Claims”), including  all costs and attorneys’ fees  Releasees incur in investigating and defending Claims , regardless of whether  a court determines for whatever reason (including the enforceability of this agreement, that CrossFit Main Line  and/or Releasees are not liable for the Claims.

DENIED PAYMENT CHARGES: IF MY PAYMENT IS DENIED FOR ANY REASON, I AGREE TO PAY A $40.00 SERVICE CHARGE PLUS THE AMOUNT OF THE DENIED PAYMENT WITHIN 5 DAYS. I AGREE TO PAY ALL COSTS OF COLLECTION, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS.

Interpretation: This agreement is intended to be interpreted as broad and as inclusive as permitted by the laws of the Commonwealth of Pennsylvania to relieve CrossFit Main Line and Releasees from all liability for any and all Claims for damages due to injury or property loss based on any legal theory. This agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania.                                                              

Severability and Venue: If any portion of this agreement is held invalid, the balance of the agreement shall continue in full legal force. The parties agree that the venue of any legal action brought under this Agreement shall be in Delaware County, Pennsylvania

Consent to Physical Contact: It is sometimes necessary for a trainer to physically touch a client to attain the proper form for an exercise. I hereby consent to such appropriate physical contact.

Entire Agreement: Pages 1, 2 and 3 constitute the entire agreement. I have not relied on any oral representations by anyone in addition to, or inconsistent with, the written terms of this agreement.