The MEMBERSHIP AGREEMENT (“Agreement”) entered into through Mindbody software, is made by and between Sports Academy LLC, and affiliates, a California limited liability company, located at 1011 Rancho Conejo Blvd., Thousand Oaks, CA 91320 (referred to in this Agreement as "SA" or “Sports Academy”) and the undersigned Buyer (referred to in this Agreement as "you" or "Buyer" or "Member" if applicable). MEMBER EXPRESSLY AUTHORIZES AUTOPAYMENTS (MONTHLY DEDUCTIONS) FROM THE FORM OF PAYMENT ON FILE. Payments will be deducted monthly on the 1st day of the month. The first month will be prorated up until the 1st. This agreement will continue month-to-month unless a notice of cancellation is submitted. TERMS AND CONDITIONS. MEMBER’S HEALTH WARRANTY: Member and/or Buyer each represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of use of SA facilities and participation in active or passive exercise. WAIVER OF LIABILITY: Member has acknowledged completion of separate waiver agreement. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by SA Code of Conduct, regulations and schedules of SA, which may be posted online, at SA or issued orally, and which may be amended from time to time, at SA’s sole discretion. CHECK-IN: No one will be admitted to the SA facility without checking-in at the front desk and providing proper identification. All guests registered must abide by the Agreements terms and conditions. Clients will be asked to arrive no more than 15 minutes prior to their designated appointment start time and depart within 15 minutes after their designated appointment end time. Failure to do so will result in a $25 fee. Pre-registered clients not present at start time of class will be charged a $10 no-show fee and their spot will be given away to another member off the waitlist (Adult Group Fitness Memberships only). INDEPENDENT CONTRACTORS: From time to time, we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services. CANCELLATION: Buyer has the right to cancel this contract without any penalty or further obligation with notice given seven (7) days prior to their next scheduled payment date. To cancel Agreement, please mail, e-mail or deliver a signed and dated notice, that states that you, the Buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email addressed to memberships@sportsacademy.us, or delivered in person to SA at 1011 Rancho Conejo Blvd., Thousand Oaks, CA 91320, Attention: General Manager. Such notice shall be accompanied by the contract forms, membership cards and any other documents evidencing membership previously delivered to the Buyer. Any amounts collected for the month in which the notice is delivered will not be refunded. Once cancelled, the Member acknowledges if they would like to become a Member in the future, they may not receive their previous rate. MEMBERSHIP HOLD: A monthly membership may be placed on holds of at least one (1) month and at most three (3) months. TRANSFER OF MEMBERSHIP: Membership may not be transferred. BUYER’S OBLIGATIONS: Buyer shall not be relieved of Buyer’s obligations to make agreed payments, and no deduction from any payments shall be made because of Member’s failure to use SA’s facilities. (Member dues are for the period of time and are in no way related to, or adjusted based on, actual usage of SA’s facilities.) START-UP FEES: Member and/or Buyer agree to pay any applicable start-up fees. Member and/or buyer acknowledge start-up fees are non-refundable and non-transferable. Once termination is complete a new start-up fee must be paid for returning clients. PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES: Buyer has provided SA with its credit card or bank account information for the purpose of paying for goods and services which Buyer (or Member, if different) may purchase at SA. These other charges may include fees for personal training, massage, clinics, camp and/or fitness training sessions, retail apparel and other similar items, and food and beverage items. Buyer recognizes, agrees and authorizes SA to maintain this information in its files and acknowledges SA’s right to charge the credit card account on file at any time and from time to time during the term of my membership. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at SA or issued by SA 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 written understanding. This contract may only be modified in writing executed by a duly authorized representative of SA. UNPAID BALANCES: Members will not be permitted to use the SA facilities or services until all dues and fees are current. Buyer and/or Member is obligated to pay any collection and/or attorneys’ fees and expenses incurred by SA for collection of any fees. SA reserves the right to charge balances and overdue balances to their current account. If any check or credit card charge payable to SA is not honored, SA has the right to assess a charge for each check and credit card rejected and collects the current and past-due balance in any subsequent month. To the extent that Buyer and Member is not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the SA facilities or services). Any account that becomes overdue may be referred to collections for the current balance plus the remaining membership dues owed to complete the initial agreement and any collection expenses or attorney's fees. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables into SA’s premises. SA shall not be liable for the loss of or theft of, or damage to, the personal property of Member or guests, including items left in lockers. ADULT AND CHILDREN’S USAGE: SA has the right to discontinue usage by any adult and/or child whose behavior is offensive to any other Member or any child who is unsupervised. GROUP FITNESS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. Members are permitted to access one (1) Sports Performance class a day. Attendance of more than one class will result in a $25 fee. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class. Participation, unless contractually agreed upon, at Sports Academy must occur with a trainer. YOUTH MEMBERSHIP RULE: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. Youth Members are permitted to access (2) Sports Skills Classes and (1) Youth Performance Class per week. Participants must stick to their assigned schedule unless given expressed permission to change by Sports Academy Staff. Sports Academy does not offer make-up classes for missed sessions or partial refunds. Sports Academy reserves the right to change or cancel classes at any time due to scheduling conflicts or holiday observance. DRESS CODE: Proper athletic attire and footwear is required. No street clothes or dress shoes permitted in the fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn. NON-SA PERSONAL TRAINERS: Use of non-SA Personal Trainers in the facility is prohibited. Members may not personal train other members. PRICING: SA reserves the right to increase the month-to-month and will provide thirty (30) days’ notice to all Members regarding any such change in pricing. REVOCATION OF MEMBERSHIP: SA reserves the right to revoke and cancel the membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies prepaid pursuant to this Agreement, provided that SA may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that SA may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation. COMPLIMENTARY ITEMS: Complimentary items (including, but not limited to massage and recovery sessions, personal training sessions, Studio sessions, complimentary gift cards or other promotional items) may be distributed at the discretion of SA and have no cash value. DESCRIPTION OF SERVICES, FACILITIES AND OPERATING HOURS: Buyer and Member hereby acknowledges and agrees that SA reserves the right to make changes to the type or quantity of classes or programs offered. SA reserves the right to change the facility hours or cancel classes as necessary. | 