Section 1: Definitive Membership Terms and Conditions 1.1. General Terms Modification Authority: Achilles Heel Training, LLC retains absolute authority to unilaterally alter, amend, or modify any components of its membership offerings, including, but not limited to, services provided, fee structures, and scheduling details. These changes can be enacted at any time, at the sole discretion of Achilles Heel Training, LLC, without requirement for prior notice to or consent from members. This includes adherence to any changes in state laws or regulations that may affect such terms. 1.2. Membership Commitment and Renewal: Memberships are subject to a compulsory 12-month period. Upon completion, memberships will automatically renew under identical terms unless explicitly cancelled by the member in accordance with the cancellation policy. This is in compliance with New York State’s statutory guidelines on automatic renewal contracts (General Obligations Law § 5-903). 1.3. Payment and Billing Regulations: Payment via credit card or EFT is subject to a 28-day billing cycle. Achilles Heel Training, LLC employs a third-party service for payment processing, compliant with New York's financial transaction regulations. Additional fees by the third-party processor are separate from Achilles Heel Training II, LLC’s charges and in accordance with New York State financial transaction laws. 1.4. Late Payment Consequences: In the event of a late payment or a declined transaction, Achilles Heel Training, LLC will impose additional charges as deemed appropriate. Such payment failures may result in the instantaneous suspension of all membership privileges. Consistent with New York State debt collection laws, Achilles Heel Training, LLC reserves the right to pursue additional measures, including but not limited to debt collection and legal action, in cases of repeated or severe payment delinquencies. 1.5. Sales Finality and Refund Policy: All sales and transactions are final and irrevocable. Under no circumstances will refunds be issued as a matter of course aligning with New York's consumer protection statutes. Refund requests due to extraordinary circumstances must be formally submitted and will be evaluated at Achilles Heel Training II, LLC's discretion, in alignment with the state’s guidelines on business discretion and consumer rights. The decision to grant a refund rests solely with Achilles Heel Training, LLC and is subject to a rigorous review process. Such discretion will be exercised rarely and only in extraordinary circumstances. 1.6. Member Acknowledgement: Members, by agreeing to these terms, acknowledge their comprehensive understanding and acceptance of the conditions, as per the contractual and consumer laws of New York State. This includes an acknowledgment of the binding nature of the agreement and an understanding of the implications of non-compliance. Section 2: Provision of Services 2.1. Training Service Provision a. Structured Training Sessions: The member is entitled to participate in 3 structured training sessions per week, with flexible scheduling options to accommodate varying personal schedules. b. Monthly Progress Analysis: The member is entitled to a monthly Body Composition Analysis, aimed at evaluating and acknowledging their fitness progression. c. Community Engagement and Educational Resources: The member gains exclusive entry to a dedicated Facebook group, along with access to 'AHT Online' and the 'Pillar Program', offering resources for continual learning and motivational support. d. Participation in Member-exclusive Events: The member is eligible to participate in regular, complimentary events organized by the gym, designed to integrate fitness, enjoyment, and community interaction. 2.2. Accountability Coaching Offerings a. Goal Setting: Assisting members in establishing clear and achievable fitness objectives. b. Regular Check-Ins: Conducting periodic assessments to ensure members remain aligned with their fitness goals. c. Motivation and Support: Offering encouragement and support to keep members inspired and engaged in their fitness journey. d. Progress Tracking: Monitoring and recording members' fitness progress over time. e. Educational Guidance: Providing informational resources and advice for a better understanding of fitness and wellness practices. f. Emotional Support: Offering empathetic and psychological support to members, catering to their emotional well-being as it relates to their fitness journey. g. Adaptability: Tailoring fitness and wellness strategies to suit individual member needs, including adjustments to accommodate changing circumstances or goals. Section 3: Cancellation Policy 3.1.1 Membership Cancellation Procedure: Membership commitments are for a 12-month duration, automatically renewed under the original terms upon expiration. 3.1.2 To initiate a membership cancellation, members must submit a written notice of cancellation exclusively via email to info@ahtgym.com. Upon receipt of the email, a cancellation form will be provided, which must be completed and submitted to finalize the cancellation process. It is expressly stipulated that no other forms of communication, including but not limited to verbal notifications, text messages, social media communications, or written correspondence other than the specified email, will be recognized or treated as a valid notice of cancellation. Only the receipt of the cancellation request via the designated email and the subsequent completion and submission of the provided cancellation form shall constitute an effective notice of cancellation under this agreement. 3.1.3 Cancellations within the 30-day notice period necessitate one final payment of regular monthly dues. Early termination incurs a $200 cancellation fee. Example for clarity: "If I decide to cancel my membership before the 12-month commitment is over, I need to send an email 30 days before my next payment date to avoid further charges. If I cancel within these 30 days, I'll be charged one more monthly fee and a $200 cancellation fee. For example, if my monthly payment is due on February 1st and I send a cancellation email on January 2nd, I'll still need to pay for the February cycle and the $200 fee." 3.2.1 Client Billing Date Responsibility: Members are required to proactively and independently verify their upcoming billing dates with Achilles Heel Training II, LLC. This verification is essential due to our unique billing cycle that occurs every 28 days, leading to varying billing dates each month. 3.2.2 Failure to ascertain your billing date does not exempt you from the obligations and consequences associated with the cancellation policy. Members are solely responsible for any oversight in this regard. 3.2.3 Accurate knowledge of your billing cycle is critical for ensuring timely submission of cancellation notices. Late notices, resulting from a lack of understanding or verification of billing dates, will be subject to the terms outlined in the cancellation policy, including any financial obligations incurred due to late cancellation. 3.2.4 By continuing membership with Achilles Heel Training II, LLC, you acknowledge and accept the responsibility to stay informed about your specific billing dates and understand the implications of failing to do so in relation to the cancellation policy. 3.3.1 Divorce Policy and Exit Interview Process: An “Easy Divorce Policy” is available, allowing members to waive the $200 cancellation fee through a mandatory in-person exit interview with a representative of Achilles Heel Training II, LLC. However, the final monthly payment within the 30-day notice period remains applicable. 3.3.2 The in-person 'exit interview' offered by Achilles Heel Training, LLC serves a dual purpose. Firstly, it provides an opportunity for members to articulate their reasons and feedback regarding their decision to discontinue their membership. Secondly, the interview is designed to assist members in exploring options to get back on track, offering guidance and strategies for achieving lasting results within the next 30 days. This approach is aimed at ensuring members fully understand and utilize the benefits and services available to them, potentially reconsidering their decision to terminate the membership. 3.3.3 Should a member agree to and satisfactorily complete the exit interview, Achilles Heel Training, LLC will waive the standard $200.00 cancellation fee. This waiver applies even if the member chooses to terminate their contract before the end of the agreed commitment period. 3.3.4 The waiver of the cancellation fee is contingent upon the member's complete and compliant participation in the exit interview process as determined by Achilles Heel Training II, LLC. The company retains sole discretion to assess the adequacy of the member's participation in the exit interview. 3.3.5 Failure to meet the exit interview criteria, as evaluated by Achilles Heel Training II, LLC, may result in the re-imposition of the $200.00 cancellation fee, notwithstanding initial participation in the interview process. 3.3.6 Failure to attend the exit interview within (7) days of submitting cancellation form will result in the re-imposition of the $200.00 cancellation fee.
"I hereby acknowledge and understand that in the event of my request to cancel my membership, should my upcoming automatic payment date fall within the 30-day notice period, I am obligated to pay one additional month of my regular monthly membership dues. This payment is due regardless of whether an exit interview is conducted or not." "I acknowledge that by choosing to participate in an in-person exit interview with a representative of Achilles Heel Training II, LLC, the standard cancellation fee will be waived. Furthermore, I understand that subsequent to the exit interview, I will retain access to Achilles Heel Training, LLC services for an additional 30 days." "I acknowledge that if I fail to attend the in-person exit interview within (7) days of submitting my cancellation form with a representative of Achilles Heel Training II, LLC, I will be charged the $200.00 cancellation fee."
"I am fully aware and agree that if I choose not to participate in the exit interview option provided by Achilles Heel Training II, LLC, I will be responsible for a cancellation fee of $200.00. Additionally, I understand that under these circumstances, I will not be entitled to any further access to Achilles Heel Training, LLC services beyond the date of cancellation." "Achilles Heel Training, LLC maintains an unwavering commitment to excellence and operational efficiency. In alignment with this commitment, the company reserves the unequivocal right to modify, at its sole discretion and without prior notice, any and all aspects of its operations. This includes, but is not limited to, changes in the hours of operation, the type and quantity of equipment available, the scheduling, frequency, and type of classes offered, as well as the terms of waivers, policies, contracts, memberships, and fee structures. Additionally, Achilles Heel Training, LLC enforces a strict 'All Sales Are Final' policy. Under no circumstances will refunds be issued once a sale is completed. This policy applies to all transactions, including but not limited to memberships, service fees, and any other purchases or fees. Members and clients are advised to consider their commitments carefully, as Achilles Heel Training, LLC is not obligated to provide refunds or credits for any services or products once sold." Section 4: Membership Freeze Policy 4.1.1 General Freeze Policy: Members are entitled to request a temporary freeze of their membership for various reasons, subject to the conditions outlined herein. 4.1.2 A freeze fee of $25 per month will be charged to the member's account during the freeze period. This fee is non-refundable and will be applied irrespective of the duration of the freeze within the month. 4.2.1 Freeze Duration and Limitations: A membership freeze is limited to a maximum of 30 days within a calendar year. 4.2.2 Freezing membership does not equate to cancellation. Membership benefits and obligations are merely suspended during the freeze period. 4.2.3 Upon expiration of the freeze period, membership will automatically revert to the regular billing cycle of every four weeks. 4.3 Price Grandfathering Clause: Members who freeze their account will retain their original membership pricing upon reactivation, preserving any rates or discounts initially availed. 4.4 Cancellation During Freeze: Members wishing to cancel their membership during a freeze period must adhere to the standard cancellation policy, as outlined in the relevant section of this agreement. Section 5: Rights to Suspension for Medical Reasons 5.1.1 Medical Freezes: For freezes due to medical reasons, members must submit a doctor's note within 10 days of initiating the freeze request. Failure to provide timely medical documentation will result in the imposition of the members regular monthly membership fees. 5.1.2 Members providing a valid doctor's note within the stipulated timeframe will be exempt from the freeze fee. The medical documentation must include the nature of the medical condition and the anticipated duration of the freeze. 5.2. Eligibility for Suspension: Members are entitled to request a temporary suspension of their membership due to medical reasons, excluding pregnancy, without incurring additional fees. 5.3. Required Documentation: To initiate a medical suspension, the member must provide written confirmation from a licensed physician. This documentation must include: a. A clear medical diagnosis. b. The extent and nature of the injury or ailment (excluding pregnancy). c. The precise date of onset of the injury or ailment. d. An estimated timeline for recovery and, if possible, a specific return date. 5.4.Duration of Suspension: The initial suspension, not applicable for pregnancy-related cases, is applicable for a period not exceeding 30 days. 5.4.1 Extension of Suspension: Should the need for suspension extend beyond 30 days (excluding pregnancy), the member is required to submit additional medical documentation for each subsequent 30-day period. This documentation must provide current information regarding the member's medical status and progress. The continual receipt of these monthly updates is a prerequisite for maintaining the suspended status of the membership. Failure to provide these updates in a timely manner may result in the reactivation of the member's account and the resumption of regular billing cycles. 5.4.2 If the original physician’s report includes a specific return date that extends beyond 30 days, the need for additional documentation for the extension period is waived. 5.5 Reinstatement of Membership: Membership will be automatically reinstated following the conclusion of the medically necessary suspension period, or upon the member's earlier recovery, not applicable to pregnancy-related cases. 5.6 Confidentiality and Verification: All medical documentation will be treated with confidentiality. Achilles Heel Training, LLC reserves the right to verify the authenticity of the medical documents submitted. Section 6: Gym Conduct and Safety Policies 6.1. Dress Code and Member Conduct: All members are required to adhere to our dress code policy, which mandates the wearing of appropriate gym attire at all times within the facility. This includes clothing that is suitable for a gym environment, respectful to others, and conducive to safe and effective exercise. 6.2. Member Responsibility for Property Damage: Members accept full financial responsibility for any damage caused to the property of Achilles Heel Training II, LLC, whether through intentional acts or negligence. This includes, but is not limited to, damage to equipment, facilities, or other property. 6.3. Prohibited Conduct and Safety Measures: Achilles Heel Training, LLC is dedicated to maintaining a safe and respectful environment. As such, any form of risky, dangerous, or seriously inappropriate conduct, including but not limited to threats, harassment, equipment damage, illicit substance use, disrespectful remarks to coaches, staff, members or unauthorized training of other members, is strictly prohibited. 6.4. Consequences for Non-Compliance: Any member found engaging in prohibited conduct may face immediate disciplinary action, up to and including suspension or termination of membership. 6.5. Financial Responsibility: Members responsible for prohibited conduct shall bear the cost of any loss, damage, or injury resulting from their actions. 6.6. Legal Recourse: Achilles Heel Training, LLC reserves the right to refer any instances of serious misconduct to appropriate legal authorities. 6.7. Facility Access Restrictions: Members who violate this policy may be prohibited from accessing any Achilles Heel Training, LLC location in the future. 6.8. Right to Revoke Membership for Non-Compliance: Achilles Heel Training, LLC maintains the right to revoke the membership of any individual who fails to comply with these standards, necessitating their immediate departure from the premises. Section 7: Liability for Personal Property 7.1. Disclaimer for Personal Property: Achilles Heel Training, LLC expressly disclaims any and all liability for personal property lost or stolen on its premises. This includes, but is not limited to, personal effects, clothing, and electronic devices. Members are advised to safeguard their belongings and are discouraged from bringing valuable items to the gym. 7.2. Non-Liability for Vehicle Damage or Theft: Achilles Heel Training, LLC assumes no responsibility for any damage, loss, or theft of vehicles or their contents while parked in the gym's parking area. Parking facilities are provided on an 'as is' basis, and members use them at their own risk. 7.3. Storage of Personal Property: Any personal property stored in lockers or any other area within the gym’s premises is done so at the member’s sole risk. Achilles Heel Training, LLC is not responsible for safeguarding any personal items left unattended. 7.4. Member Responsibility for Personal Belongings: Members are responsible for their own personal property and are advised to take all necessary precautions to protect it. The management recommends using secure storage options provided, if available, and to always keep personal belongings within sight. 7.5. Reporting Lost or Stolen Items: Members should immediately report any lost or stolen items to Achilles Heel Training, LLC staff. While the gym staff may assist in locating lost items, the gym does not assume responsibility for any loss or theft. Section 8: Consent for Promotional Use 8.1. Member Consent for Use in Promotions: Members, unless explicitly opting out in writing, consent to the use of their images or recordings for promotional purposes by Achilles Heel Training, LLC and its affiliates. Section 9: Risk Acknowledgment and Waiver of Liability 9.1. Acknowledgement of Inherent Risks: Members acknowledge the inherent risks of fitness activities, including potential physical injury, death or property damage. Members agree to assume full responsibility for these risks. 9.2. Release of Liability: Members release Achilles Heel Training II, LLC, its employees, and affiliates from any claims arising from participation in activities. 9.3. Binding Nature of Waiver: This waiver binds and extends to the member's successors, representatives, heirs, executors, assigns, or transferees. Section X: No Show / Late Cancellation Policy X.1. Imposition of Charges: A mandatory No Show / Late Cancellation Fee of $15 will be automatically levied as a non-refundable charge on the client's account under the following conditions: (a) Non-cancellation of a scheduled class attendance (No Show). (b) Cancellation of a class booking within less than one hour before the class's scheduled start time except for classes starting at 5:00am, which need to be cancelled by 10:00pm the night before. (Late Cancellation). X.2. Finality of Non-refundable Charges: These fees, once applied to the client's account, are final and non-refundable. X.3. Third-Party Booking System Constraints: Achilles Heel Training, LLC employs a third-party service for scheduling and managing class sessions and appointments. Due to the structural limitations of this arrangement, no reversals or refunds of charges for No Shows or Late Cancellations are possible. X.4. Client Acknowledgment: Clients, by engaging in the services provided by Achilles Heel Training II, LLC, acknowledge their understanding and acceptance of this policy, including the automatic nature and non-refundable status of the associated charges. Section XI: Parent/Guardian Acknowledgment (for Minors) XI.1. Parental/Guardian Agreement to Terms for Minors: Parents or guardians of minors participating in activities at Achilles Heel Training, LLC must read, understand, and agree to all terms, including the assumption of risks and waiver of liability on behalf of the minor.
September 11, 2024
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