Waiver /Membership & Service Agreement
MEMBER HEREBY ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY MEMBER. MEMBER ACKNOWLEDGES ALL TERMS SET FORTH. Member understands that this Agreement is a month to month agreement. Member agrees that they will be billed an additional month upon cancellation/termination, unless otherwise specified. Member agrees that their membership will be prorated for the second month. Member will be refunded the difference for the days prior to enrollment only. On all subsequent months, Member will be charged on the first day of the month by Electronic Funds Transfer. Member must make arrangements with management should they prefer payment by other means.
1. CONSUMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT. Additionally, without being subject to the cancellation fees outlined below, Member may cancel this agreement a) if, upon a doctor’s order, Member cannot physically or medically receive the services because of significant physical disability for a period in excess of three (3) months; b) if Member dies; c) if Member moves their residence or employment more than twenty five (25) miles from any health club operated by RayFit; or d) if the services of RayFit cease to be offered.
2. ADDITIONAL RIGHTS TO CANCELLATION: Member may cancel this agreement at any time and for any reason, subject to the fees outlined below.
3. HOW TO CANCEL: If Member seeks cancellation pursuant to a reason specified in § 1 of this Agreement, Member must send by certified mail return-receipt requested, or deliver in person, a written notice of their cancellation to RayFit, Inc., 4 Church Street, Belmont, Massachusetts 02478. This notice must be accompanied with all contract forms, all membership cards, and other documents or evidence of membership and all evidence to support the reasons for your cancellation. Otherwise, Member must complete a cancellation form at a RayFit location.
4. CANCELLATION FEES: If member seeks cancellation pursuant to § 1 of this Agreement, RayFit will bill them an additional month of membership. After cancellation, Member is no longer liable for any further obligation under a credit loan agreement which was executed to pay for all or part of the price of this Agreement. If member does not meet the criteria specified in § 1 of this Agreement, RayFit may retain any expenses incurred and all fees paid for the entire month after the month in which the Member’s cancelation form was executed.
5. MEMBER’S HEALTH WARRANTY: Member certifies that they have consulted with a physician before starting any physical program and that they are healthy enough to perform physical activities. Member acknowledges and understands that the programs, classes and training sessions provided by RayFit may involve strenuous physical activity, including but not limited to muscle strength and endurance training, cardio vascular conditioning and training and other various fitness activities. Member affirms that Member is in good health and has no disability, impairment, injury, disease or ailment preventing or limiting him/her from engaging in active or passive exercise which would cause increased risk or injury or adverse health consequences as a result of any exercise. Member further certifies that Member understands that RayFit is not a health care or medical provider and that RayFit is not liable or responsible for any consequences of Member having read, used or relied upon any services made available by RayFit, including (without limitation) any advice, information, “Bod Pod” assessments, workouts, exercises, courses, classes, instructions, regimens, nutritional plans, recipes or other materials. Member hereby assumes all risks associated with using such RayFit courses and any equipment provided.
6. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of RayFit, which may be posted or issued orally, and which may be amended from time to time, at Management’s sole discretion.
7. REGISTRATION/ADMISSION: Member and/or guests must register for classes online before attending. Walk-ins are welcome on an as available basis. Members that registered online take priority over walk-ins. RayFit cannot guarantee a spot in a class to a Member that has not registered online.
8. INDEPENDENT CONTRACTORS: From time to time, RayFit may make available to Members and their guests the services of independent contractors and/or third party vendors. RayFit does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Members or their guests for any period of time. RayFit hereby disclaims all liability arising out of such services. Member further agrees to fully and forever release and discharge RayFit, it’s principles, owners, employees, officers, directors, affiliates, and insurers from any and all claims, demands, lawsuits, damages, injuries (including death), rights of actions and causes of action present or in the future which may be known or unknown, anticipated or unanticipated resulting from or arising out of these services that are made available.
9. GUESTS: Member’s guests are permitted in the club, but only pursuant to such rules, regulations, fees, and schedules for such guest that may then be in effect. RayFit reserves the right to limit the number of times any one guest can use the club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of RayFit, would be detrimental to RayFit or any of its members. All guests must register for a class online before attending, otherwise the guest will not be admitted.
10. CAMERAS/PHOTOS: Member hereby acknowledges and consents to being photographed and/or videotaped while participating in any classes or sessions with RayFit on and off premises. Member further understands and permits RayFit to copy, duplicate and use photographs and/or videos of Members to post on any website, social media site, or any other media platform for marketing and/or promotional purposes.
11. TRANSFERS OF MEMBERSHIP: Membership may not be transferred under any circumstance.
12. MEMBER’S OBLIGATIONS: Member shall not be relieved of Member’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use RayFit’s services. Member dues are for the period of time and are in no way related to or adjusted based on, actual usage of the club or services.
13. UNPAID BALANCES: Members will not be permitted to use any RayFit facilities or services until all fees are current. Member is obligated to pay any collection and/or legal costs incurred by RayFit for collection of any fees. Annual dues must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended and a new Initiation Fee will be required. RayFit reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If a credit card charge payable to RayFit is not honored, RayFit will assess a $25 charge for each check and credit card rejected and collects the current and past-due balance in any subsequent month. Member shall be obligated to make all payments that Member fails or has failed to make (including past and future payments for use of RayFit services).
14. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto the RayFit premises. RayFit shall not be liable for the loss, theft, or damage to, the personal property of Member or Member’s guests for any reason whatsoever.
15. CHILDREN’S USE: Children between 16 and 18 years old must be accompanied by a parent or legal guardian. Children under 16 cannot be in the area of any BobyBuRn 1.0, BodyBuRn 2.0 or personal training areas at any time.
16. GROUP FITNESS RULES: Allow enough time to check in before each class. Do not enter a class late unless you give the instructor prior notice. Non-participants cannot be in the area of any BobyBuRn 1.0, BodyBuRn 2.0 or personal training areas at any time. Late participants that registered online may lose their spot if entering after the scheduled start time. Any non-registered participants must receive approval from staff prior to entering a class. If you are just starting or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the instructor before class. Additional rules posed on site must be adhered to.
17. DRESS CODE: Proper athletic attire and footwear are required. No street clothes or dress shoes are permitted. Management has the right to prevent the use of any equipment if the proper attire is not worn.
18. PERSONAL TRAINING, GROUP CLASSES AND PACKAGES: All sales of personal training and packages are final, non-refundable, non-transferable, and will adhere to their designated expiration dates.
19. NON-RAYFIT PERSONAL TRAINERS: Use of non-RayFit Personal Trainers on the premises is strictly prohibited. Members may not train other members.
20. PRICING: RayFit reserves the right to increase its fees and prices at any time and will provide 30 days’ notice to all Members regarding any such change in pricing.
21. REVOCATION OF MEMBERSHIP: RayFit reserves the right to revoke and cancel this Agreement, service, or membership at any time for any reason, in which case Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement provided that RayFit may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that RayFit may demand the reasonable cost of goods and services in which the Member has consumed or wishes to retain after cancellation.
22. RELEASE OF LIABILITY: Member assumes full responsibility for his/her use of RayFit services including but not limited to participating in any physical assessments, classes, training sessions, group classes and/or open gym activities. Member further agrees to fully and forever release and discharge RayFit, it’s principles, owners, employees, officers, directors, affiliates, and insurers from any and all claims, demands, lawsuits, damages, injuries (including death), rights of actions and causes of action present or in the future which may be known or unknown, anticipated or unanticipated resulting from or arising out of use of the services including but not limited to participating in any classes, training sessions, group classes and/or open gym activities on or off premises.
23. INDEMNITY: To the maximum extent permitted by law, Member agrees to defend, indemnify and hold RayFit, it’s principles, owners, employees, officers, directors, affiliates, and insurers harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with the use of the services provided by RayFit to Member including, but not limited to, participating in any physical assessments, classes, training sessions, group classes and/or open gym activities on or off premises. RayFit will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. RayFit reserves the right, at your sole expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without RayFit’s prior written consent. This provision excludes indemnification for the sole negligence of RayFit.
24. INJUIRES/INCIDENTS: All Members must report all injuries immediately to an employee of RayFit and complete an injury/incident form. All injuries must be reported within twenty four (24) hours of participation in a class.
25. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted or issued orally by RayFit from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of RayFit. Employees are not authorized to make any independent agreements with any Member.
26. JURISDICTION: This Agreement is governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. Member agrees to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or, if appropriate, the United States District Court for the Commonwealth of Massachusetts for resolution of any dispute, action or proceeding arising in connection with this Agreement and Member further irrevocably waives any right Member may have to trial by jury in any such dispute, action or proceeding
27. GUARANTEES: RayFit makes no guarantees concerning weight loss or improvements in health, physique, or physical appearance.
By clicking this box, Member certifies that they are at least 18 years old and that they have read, acknowledge, understand, and accept the terms of this Agreement. If Member is under the age of 18 years old at the date of execution, the person executing this Agreement on behalf of Member certifies that they are the parent or legal guarding of the Member and that they consent on behalf of the Member to the terms of this Agreement.