In order to access some features of the website, you will have to create an account with Formula 3 Fitness. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
YOU MUST PRE-SCHEDULE ALL OF YOUR TRAINING SESSIONS.
This ensures our class size will never exceed our maximum number of stations per facility to give you a safe, personal and exclusive experience. Simply go to our scheduling page and add yourself to the days/times of your choice.
WHAT IF I NEED TO CANCEL?
You can cancel your class up to 2 hours before the start time and then reschedule yourself into another date/time.
NO SHOW FEE
Each client will receive 1 free no show/late cancel per month. For each additional no show/late cancel the client will be charged a $5 no show fee. If you know you can’t make it in, cancel yourself out of that session so someone else can use your spot. If you do not cancel and you do not show up you are taking a spot from someone else who wants to be there, therefore you will be charged $5 after 1 no show per billing period.
*NOTE: To make Formula 3 run smoothly, we need your help.
On a daily basis, a small but impactful percentage of people no-show for class. Most of our peak-hour classes have wait lists of members who would like to take the class if a spot arises. If you no-show, you block your fellow members out of getting into class. Please be considerate, and help us make Formula 3 the best possible experience and community that it can be!
If your preferred class time is completely booked, we definitely recommend placing yourself on the Waitlist. As spots open up, they are assigned to Waitlisted clients in the order in which they are registered on the Waitlist.
**PLEASE NOTE: We assume you will want to attend every session you are Waitlisted for, and it is entirely your responsibility to monitor all your reservations, including your Waitlisted ones.
If a spot becomes available, you will receive notification from Formula 3 via email and/or text confirming your automatic enrollment. If you are no longer interested in a class for which you are on the Waitlist, please promptly remove yourself online to avoid a no show fee for not attending that spot.
Monthly membership payments are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Monthly membership payments shall be made on the 1st or 15th of each month, via automatic debited payment (credit card, debit card, or automatic checking account draft).
Packages cannot be shared between members. All members are required to keep a current credit card on file.
CREDIT CARD ON FILE: By placing a card on file, the cardholder and account holder gives permission to the Formula 3 Fitness staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Formula 3 Fitness, cancellation policy detailed above.
All memberships are set to auto-renew at the end of their term.
If you opt to cancel at the end of your original term you must provide Formula 3 Fitness written notice via electronic mail of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Formula 3 Fitness, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Formula 3 Fitness reserves the right to pursue additional avenues or means to receive monies owed.
EARLY TERMINATION OF MEMBERSHIP: Will only be accepted with no penalty for the following:
- MOVING TERMINATION: If THE BUYER/MEMBER moves primary residence 50 Miles or more from any FORMULA 3 FITNESS location(s). Member must show proof through electronic mail.
- MILITARY TERMINATION: If THE BUYER/MEMBER will be deployed for active duty. Member must have their commanding officer give dates of deployment through electronic mail.
- MEDICAL TERMINATION: If THE BUYER/MEMBER is physically unable to do any type of exercises or therapy anywhere because of medical reasons for more than 1 year. THE BUYER/MEMBER must have only their FULLY LICENSED MEDICAL PHYSICIAN ex) M.D. or D.O. GIVE REASON THAT THROUGH ELECTRONIC MAIL. MEDICAL CANCELLATIONS: will not be excepted by unlicensed medical physician ex) CHIROPRACTOR, THERAPIST, ETC.
RULES OF SUSPENSIONS Only members who pay the full amount of the Enrollment Fee may have the option to suspend their membership.
- You may suspend your 12 MONTH MEMBERSHIP only 2 times during the duration of the contract. Each time is for a 1 month (30 day) duration. You may suspend your 6 MONTH MEMBERSHIP only 1 time during the duration of the contract. This is for a 1 month (30 day) duration.
- During suspension of memberships time & payment will be put on hold for that 1 month (30 days) minimum to 2 month (60 days) maximum amount of time & payment that are put on hold will be added back onto the end of the membership to fulfill the obligation between the member & FORMULA 3 FITNESS.
MEDICAL SUSPENSION POLICY
If you have an existing membership and an extenuating injury or medical condition arises that prevents you from attending Formula 3 Fitness, we are able to “freeze” your account, so long as you provide an appropriate doctor’s note indicating the length of time you are advised not to partake in intense physical activity. To initiate the freeze, please email your request and attach your doctor’s note to your home studio location.
- THE BUYER/MEMBER must have only their FULLY LICENSED MEDICAL PHYSICIAN ex) M.D. or D.O. GIVE REASON THAT THROUGH ELECTRONIC MAIL. MEDICAL SUSPENSIONS: will not be excepted by unlicensed medical physician ex) CHIROPRACTOR, THERAPIST, ETC.
Formula 3 Fitness does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. Registration of a minor (ages 14-17) must be completed by the parent or guardian. Minors (ages 14-17) who meet the minimum height requirement of 4”11” and who have submitted a Waiver Form signed by a parent or guardian, may then attend classes. Minors under the age of 18 must be accompanied by a parent or guardian during every workout.
WAIVER AND RELEASE
You will be required to sign our full waiver and release form before participating in any classes at Formula 3 Fitness.
By registering at Formula 3 Fitness, you acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You further acknowledge that Formula 3 Fitness strongly recommends that you consult with your physician prior to training. You assume all risk for your health and well being, and fully release and hold harmless for any responsibility, cost or damages Formula 3 Fitness, its instructors, members, and employees. You acknowledge that your agreement to this release applies to each time you visit Formula 3 Fitness. You hereby acknowledge that you, and any minor under your care, have voluntarily chosen to participate. You assume all risk for your health and well being, and that of any minor under your care, and fully release Formula 3 Fitness from all liability.
- I understand and agree that it is my responsibility to inform my F3FIT Coach of any conditions or changes in my health, now and on going, which might affect my ability to exercise safely and with minimal risk of injury.
- I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my F3FIT Coach.
- I understand the results of any fitness program cannot be guaranteed and my progress depends on my effort and cooperation in and outside of the training sessions.
- I understand that Formula 3 Fitness may photograph their client at events/training sessions and group exercise classes and I provide written approval for them to use these pictures for promotional purposes.
- I understand that Formula 3 Fitness is in no way responsible for the safekeeping of my personal belongings in the studio. I am assuming all risk of loss for any of personal belongings left at the facility.
COVID-19 WAIVER AND RELEASE
In consideration for being permitted to participate in Formula 3 Fitness physical fitness classes I acknowledge that I have inspected and carefully considered Formula 3 Fitness, the studio premises, equipment and facilities, and I find and accept it as being safe and reasonably suited for my use and/or participation in classes provided at the Formula 3 Fitness Studio(s). I acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout the United States and Internationally, including in the state in which the Formula 3 Fitness studios are located. I understand and acknowledge that Formula 3 Fitness cannot guarantee my safety or immunity from infection. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at the Formula 3 Fitness studio(s).
I represent and attest that:
- I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in any class at any Formula 3 Fitness studio location, or otherwise enter or be physically present at the Formula 3 Fitness studio.
- I agree to follow any and all safety protocols that have been or will be implemented by Formula 3 Fitness, including those that are posted at the Formula 3 Fitness studio(s) and those that are sent to me electronically including by SMS and/or email, as well as those posted on the website for Formula 3 Fitness. I acknowledge that Formula 3 Fitness may change these protocols at any time and I agree to abide by any and all such changes.
- I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19 within 14 days.
- I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
- I am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, and otherwise limiting my exposure to COVID-19.
- I agree to notify Formula 3 Fitness immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Formula 3 Fitness website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and logos contained therein, are owned by or licensed to Formula 3 Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Formula 3 Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Formula 3 Fitness.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Formula 3 Fitness policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website and are encouraged to check this document periodically to stay informed of current policy guidelines.
COPY OF COMPLETE F3FIT MEMBERSHIP AGREEMENT CONTRACT TERMS & CONDITIONS
|1. AGREEMENT TERMS AND PROVISIONS FOR THE BUYER AND/OR MEMBER(S): I, THE UNDERSIGNED, HEREBY AGREE TO PARTICIPATE IN ALL TYPES OF TRAINING, INSTRUCTIONS, ACTIVITIES, EXERCISES, WORKOUTS, PROGRAMS, PLANS, COACHING, TUTORING, MENTORING, WORKSHOPS, TEACHINGS WHICH IS CONDUCTED, INSTRUCTED, COACHED, AND OR TAUGHT BY ANY REPRESENTATIVES, INSTRUCTORS, COACHES, TRAINERS, AGENTS, EMPLOYEES, AGREEMENTORS, ASSOCIATES OF FORMULA 3 FITNESS AND/OR ITS PARENT COMPANY. I FULLY UNDERSTAND THE MEMBERSHIP OFFERS AND AGREEMENT TERMS, PAYMENT TERMS AND DETAILS, PLANS, AND PROGRAMS AND AGREE TO ALL OF THEM. I UNDERSTAND THAT I AM RECOMMENDED TO CONSULT A PHYSICIAN BEFORE I PARTICIPATE IN ANY PHYSICAL ACTIVITY. I UNDERSTAND THAT I AM ADVISED TO GIVE IN WRITING ALL PAST AND CURRENT MEDICAL AND PHYSICAL HISTORY. I REALIZE THAT I WILL TAKE FULL RESPONSIBILITY FOR ALL MY OWN ACTIONS AND INJURIES IF THEY SHOULD OCCUR. FORMULA 3 FITNESS AND/OR ITS PARENT COMPANY, REPRESENTATIVES, TRAINERS, INSTRUCTORS, COACHES, AGENTS, EMPLOYEES, AGREEMENTORS, ASSOCIATES, AND ITS SUCCESSORS WILL NOT BE HELD RESPONSIBLE FOR ANY LIABILITY, INJURIES, OR DEATH AS A RESULT FROM ANY TRAINING, TUTORING, MENTORING, INSTRUCTIONS, ACTIVITIES, EXERCISES, WORKOUTS, PROGRAM, PLANS, COACHING, TEACHINGS, OR ADVICE GIVEN. I ACKNOWLEDGE THAT I HAVE THE RIGHT TO CANCEL ANY MEMBERSHIP WITHIN 7 BUSINESS DAYS AFTER PURCHASE WITHOUT ANY PENALTY OR FURTHER OBLIGATION. 7 DAYS AFTER THE DATE OF PURCHASE THE INITIAL SIGNING DATE THERE WILL BE NO REFUNDS, ALL SALES ARE FINAL AFTER SAID DATE. THE BUYER AND/OR MEMBER(S) AGREES THAT, REGARDLESS OF LENGTH, HIS/HER MEMBERSHIP AUTO-RENEWS UPON THE SAME TERMS AS OUTLINED IN THIS AGREEMENT, UNLESS NOTICE IS PROVIDED TO FORMULA 3 FITNESS. BUYER/MEMBER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH BUYER AND SELLER AND ACKNOWLEDGES ALL TERMS AND CONDITIONS SET FORTH ON THIS AGREEMENT. FORMULA 3 FITNESS IS AUTHORIZED TO USE THE BUYER AND/OR MEMBER(S) DESIGNATED CARD FOR DIRECT WITHDRAWAL, AUTO RECURRING PAYMENT(S) METHOD, IN HOUSE PURCHASES, ONLINE PURCHASES, AND/OR ANY ACCOUNT PAYMENTS OR PURCHASES DUE, DESIGNATED MONTHLY RECURRING CHARGES, OR YEAR FOR ALL CURRENT AND PAST DUE BALANCES, LATE, OR OVERDUE PAYMENTS. I AGREE TO PAY ALL AGREEMENT FEES, LATE FEES, AND ANY DAMAGE MY GUESTS OR I MAY CAUSE TO THE FACILITY.|
|2. CONSUMER’S RIGHT TO CANCELLATION: THE BUYER AND/OR MEMBER(S) HAS THE RIGHT TO CANCEL THIS MEMBERSHIP IN WRITING AND DELIVERED IN PERSON TO OWNER/MANAGEMENT WITHIN (7) BUSINESS DAYS AFTER SIGNING THIS AGREEMENT WITH NO FURTHER OBLIGATION.|
3. MEMBERSHIPS, SERVICES, OFFERS, OBLIGATIONS, TERMS:
A) MONTHLY MEMBERSHIPS: THE BUYER AND/OR MEMBER(S) FIRST FULL PAYMENT OR PRO-RATED PAYMENT WILL BE MADE ON THE DATE OF PURCHASE OF THE MEMBERSHIP. SUBSEQUENT PAYMENTS WILL BE MADE ON THE 1ST OR 15TH OF EACH CONSECUTIVE NEW MONTH AFTER THAT. MONTHLY RECURRING PAYMENTS, OBLIGATIONS, & TERMS OF MONTHLY MEMBERSHIP WILL BE ON PAGE 1 (SECTION IV). MONTHLY MEMBERSHIPS CANNOT BE CANCELLED UNTIL ALL OF ITS ORIGINAL TERMS AND PAYMENTS HAVE BEEN FULFILLED AND SATISFIED. MONTHLY MEMBERSHIPS MAY BE SUSPENDED, SEE RULES OF SUSPENSION SECTION BELOW (#7.). ALL MONTHLY MEMBERSHIPS AUTO-RENEW AT THE END DATE OF ITS TERMS OF AGREEMENT ON PG 1 SECTION IV AND CONVERTED INTO A MONTH TO MONTH MEMBERSHIP AT THE SAME MEMBERSHIP RATE GIVEN ON THIS AGREEMENT UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT GM@FORMULA3.FIT 10 BUSINESS DAYS PRIOR TO THE END DATE OF ITS ORIGINAL TERM, SEE (#3 C) FOR TERMS AND CONDITIONS.
B.) PAID IN FULL MEMBERSHIPS: PAID IN FULL MEMBERSHIP IS ONE FULL PAYMENT FOR MEMBERSHIP ON THE SIGNED DATE OF THIS AGREEMENT, OBLIGATIONS, & TERMS OF MEMBERSHIP WILL BE ON PAGE 1 (SECTION IV). THERE ARE NO REFUNDS OR CANCELLATIONS FOR PAID IN FULL MEMBERSHIPS. PAID IN FULL MEMBERSHIP MAY BE TRANSFERRED, SEE CANCELATIONS & TRANSFERS (# 8 B.). THIS MEMBERSHIP WILL AUTO-RENEW AND THE END DATE OF ITS ORIGINAL TERM AMOUNT UNLESS CANCELLED 10 BUSINESS DAY PRIOR AND NOT BEFORE 10 BUSINESS DAYS INTO THE SAME PAID IN FULL AMOUNT AND TERM OR CONVERTED TO ANOTHER OFFER OF CURRENT OR GREATER VALUE.
C.) MONTH TO MONTH MEMBERSHIP: IS A MONTHLY TERM MEMBERSHIP WITH OBLIGATIONS TO THE BUYER AND/OR MEMBER(S) FIRST PAYMENT WILL BE MADE ON THE FIRST DAY THE MEMBERSHIP. SUBSEQUENT PAYMENTS WILL BE MADE ON THE SAME DATE OF EACH NEW MONTH. ALL MONTH TO MONTH MEMBERSHIPS WILL AUTO-RENEW EACH MONTH UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT GM@FORMULA3.FIT 10 DAYS PRIOR TO YOUR NEXT BILLING DATE. BUYER IS RESPONSIBLE TO RETAIN HIS OR HER COPY OF THE FORMULA 3 FITNESS CANCELLATION FORM AS PROOF OF CANCELLATION. THE BUYER AND/OR MEMBER(S) AGREE TO PAY ANY OVERDUE BALANCE BEFORE THEY ARE ABLE TO CANCEL THEIR MEMBERSHIP. NO SUSPENSIONS ON MONTH TO MONTH MEMBERSHIPS.
D.) DISCOUNTS OR COUPONS: ARE A PERCENTAGE MINUSED FROM ITS ORIGINAL PRICE WITH ITS DEFINED TERMS. IF ORIGINAL MEMBERSHIP WAS DISCOUNTED THAT MEMBERSHIP WILL RETAIN THAT SAME RATE IF MEMBER CHOOSES TO AUTO-RENEW AFTER THEY HAVE FULFILLED AND SATISFIED ITS ORIGINAL TERMS OF AGREEMENT ON PAGE 1 SECTION IV.
E.) MEMBERSHIP: MEMBERSHIP GRANTS MEMBER ACCESS TO FACILITY LIMITED TO ONLY ITS DESIGNATED HOURS OF OPERATION AND ABILITY TO PARTICIPATE IN ITS SERVICES PROVIDED.
F.) SERVICES: SERVICES ARE NOT MEMBERSHIP AND ARE SUBJECT TO CHANGE ON A DAILY BASIS OR AT ANY TIME. AS A MEMBER OF FORMULA 3 FITNESS YOU HAVE PERMISSION TO PARTICIPATE IN ITS UNLIMITED GROUP TRAINING SERVICES ARE RESTRICTED TO AND ARE SERVICES HELD ONLY DURING REGULAR FORMULA 3 FITNESS BUSINESS HOURS AND ARE SUBJECT TO SCHEDULE CHANGES AT ANYTIME.
|4. OBLIGATION TO PAY: THE BUYER AND/OR MEMBER(S) WILL NOT BE RELIEVED OF HIS/HER OBLIGATIONS TO MAKE PAYMENTS AGREED TO FOR THE BUYER AND/OR MEMBER(S) FAILURE TO USE FORMULA 3 FITNESS FACILITIES. THE BUYER AND/OR MEMBER(S) DUES ARE FOR THE TIME PERIOD DESIGNATED TERMS OF AGREEMENT ON PG 1 SECTION IV AND DO NOT RELATE TO ACTUAL USAGE OF FORMULA 3 FITNESS FACILITIES AND/OR ITS SERVICES.|
|5. DISHONORED CHECK, DRAFT, CREDIT CARD CHARGE, OR EFT TRANSFER: IF ANY CHECK, DRAFT, CREDIT CARD, OR EFT TRANSFER PAYABLE TO FORMULA 3 FITNESS IS NOT HONORED, FORMULA 3 FITNESS WILL: ASSESS A $35.00 COLLECTION FEE FOR EACH SUCH ITEM; COLLECT THE CURRENT AND PAST DUE AMOUNTS. THE BUYER AND/OR MEMBER(S) WHO DISPUTE CREDIT CARD CHARGES THROUGH THEIR CREDIT CARD PROVIDERS WILL BE CHARGED AN ADDITIONAL $35.00 SERVICE FEE PER CHARGEBACK IF CHARGES ARE LEGITIMATE AND IN ACCORDANCE WITH THE BUYER’S AGREEMENT AGREEMENT.|
|6. EARLIER TERMINATION: IF FOR ANY REASON THE BUYER AND/OR MEMBER(S) MEMBERSHIP AGREEMENT IS TERMINATED PRIOR TO THE AGREEMENT END DATE, AND BY MUTUAL AGREEMENT OF THE PARTIES AS TO A REASONABLE CALCULATION OF LOST PROFITS AS A RESULT THEREOF, THE BUYER AND/OR MEMBER(S) SHALL PAY FORMULA 3 FITNESS, UPON THE EFFECTIVE DATE OF SUCH TERMINATION, AN EARLY TERMINATION FEE IN AN AMOUNT EQUAL TO FIFTY (50%) PERCENT OF THE REMAINING MEMBERSHIP AGREEMENT AMOUNT. SUCH EARLY TERMINATION FEE SHALL BE PRESUMED TO BE THE AMOUNT OF DAMAGES SUSTAINED BY THE COMPANY AS A RESULT OF SUCH EARLY TERMINATION. THE EARLY TERMINATION FEE IS NOT A PENALTY, BUT RATHER A CHARGE TO COMPENSATE US FOR YOUR FAILURE TO SATISFY THE MEMBERSHIP AGREEMENT ON WHICH YOUR RATE PLAN IS BASED. THE FOLLOWING ARE THE ONLY REASONS ALLOWED TO TERMINATE THIS MEMBERSHIP AGREEMENT: A.) MOVING TERMINATION: IF THE BUYER/MEMBER MOVES PRIMARY RESIDENCE 50 MILES OR MORE FROM ANY FORMULA 3 FITNESS LOCATION(S). MEMBER MUST SHOW NOTARIZED PROOF. B.) MILITARY TERMINATION: IF THE BUYER/MEMBER WILL BE DEPLOYED FOR ACTIVE DUTY. MEMBER MUST HAVE THEIR COMMANDING OFFICER GIVE DATES OF DEPLOYMENT. C.) MEDICAL TERMINATION: IF THE BUYER/MEMBER IS PHYSICALLY UNABLE TO DO ANY TYPE OF EXERCISES OR THERAPY ANYWHERE BECAUSE OF MEDICAL REASONS FOR MORE THAN 1 YEAR. THE BUYER/MEMBER MUST HAVE ONLY THEIR FULLY LICENSED MEDICAL PHYSICIAN EX) M.D. OR D.O. GIVE REASON. MEDICAL CANCELLATIONS: WILL NOT BE ACCEPTED BY AN UNLICENSED MEDICAL PHYSICIAN EX) CHIROPRACTOR, THERAPIST, ETC.|
|7. RULES OF SUSPENSIONS: YOU MAY SUSPEND YOUR 12 MONTH MEMBERSHIP 2 TIMES DURING THE DURATION OF THE AGREEMENT. DURING SUSPENSION OF MEMBERSHIPS TIME & PAYMENT WILL BE PUT ON HOLD FOR 30 CONSECUTIVE DAYS FOR EACH SUSPENSION PERIOD. 60 DAYS TOTAL SUSPENSION TIME ALLOCATED. THAT TIME & PAYMENT THAT ARE PUT ON HOLD WILL BE ADDED BACK ONTO THE END OF THE MEMBERSHIP TERM TO FULFILL THE OBLIGATION BETWEEN THE BUYER AND/OR MEMBER(S) & THE SELLER A.K.A. FORMULA 3 FITNESS. YOU MAY SUSPEND YOUR 6 MONTH MEMBERSHIP 1 TIME DURING THE DURATION OF THE AGREEMENT. DURING SUSPENSION OF MEMBERSHIPS TIME & PAYMENT WILL BE PUT ON HOLD FOR 30 CONSECUTIVE DAYS FOR THE TOTAL SUSPENSION TIME ALLOCATED. THAT TIME & PAYMENT THAT ARE PUT ON HOLD WILL BE ADDED BACK ONTO THE END OF THE MEMBERSHIP TERM TO FULFILL THE OBLIGATION BETWEEN THE BUYER AND/OR MEMBER(S) & THE SELLER A.K.A. FORMULA 3 FITNESS.|
8. CANCELATIONS & TRANSFERS: THE BUYER AND/OR MEMBER(S) IS RESPONSIBLE TO RETAIN HIS OR HER COPY OF THE FORMULA 3 FITNESS CANCELLATION FORM AS PROOF OF CANCELLATION.
A.) CANCELLATION: THE BUYER AND/OR MEMBER(S) AGREE TO PAY ANY OVERDUE BALANCE BEFORE THEY ARE ABLE TO CANCEL TERMINATION REQUEST MUST BE SUBMITTED TO GM@FORMULA3.FIT 10 DAYS PRIOR TO NEXT PAYMENT DATE. THERE ARE NO REFUNDS ON SCHEDULED AUTO-PAYMENTS. YOUR FORMULA 3 FITNESS MEMBERSHIP MAY BE TERMINATED AT ANY TIME AFTER FULFILLING YOUR ORIGINAL 3, 6 OR 12 MONTH AGREEMENT.
B.) TRANSFER AGREEMENT: THE BUYER AND/OR MEMBER(S) MAY TRANSFER HIS OR HER PAID IN FULL MEMBERSHIP AND ITS MEMBERSHIP OBLIGATIONS AND TERM TO A NEW THE BUYER AND/OR MEMBER(S) IF YOU ARE UNABLE TO FULFILL YOUR MEMBERSHIP OBLIGATIONS. ALL TRANSFERS MUST BE SIGNED THROUGH FORMULA 3 FITNESS EARLIER TERMINATION/TRANSFER AGREEMENT AND APPROVED BY AUTHORIZED FORMULA 3 FITNESS REPRESENTATIVE TO TAKE EFFECT. FORMULA 3 FITNESS EARLIER TERMINATION/TRANSFER AGREEMENT IS AN ADDENDUM TO THIS MEMBERSHIP AGREEMENT AND IS REQUESTED OVER EMAIL GM@FORMULA3.FIT.
|9. AUTO-RENEWALS: ALL MEMBERSHIPS ABOVE WILL AUTO-RENEW AT THE END OF ITS TERM UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT GM@FORMULA3.FIT 10 BUSINESS DAYS PRIOR TO YOUR RENEW DATE. ALL AUTO-RENEWALS WILL BE SUBJECT TO ALL NEW CHANGES, PAYMENT, ADJUSTMENTS, AND UPDATES TO THE FORMULA 3 FITNESS AGREEMENT TERMS AND PROVISIONS AND THE BUYER AND/OR MEMBER(S) WILL ABID AND HONOR ALL NEW CHANGES, PAYMENT ADJUSTMENTS, AND UPDATES MADE BY FORMULA 3 FITNESS.|
|10. ATTENDANCE NO SHOW / NO CANCEL FEE: THE BUYER AND/OR MEMBER(S) WILL RECEIVE 1 FREE NO SHOW/NO CANCEL. FOR EACH ADDITIONAL NO SHOW/NO CANCEL THE BUYER AND/OR MEMBER(S) WILL BE CHARGED A $5 NO SHOW/NO CANCEL FEE. IF YOU KNOW YOU CAN’T MAKE IT IN, CANCEL YOURSELF OUT OF THAT SESSION SO SOMEONE ELSE CAN USE YOUR SPOT. IF YOU DO NOT CANCEL AND YOU DO NOT ATTEND / SHOW UP YOU ARE TAKING A SPOT FROM SOMEONE ELSE WHO WANTS TO BE THERE, THEREFORE YOU WILL BE CHARGED $5 AFTER 1 NO SHOW PER BILLING PERIOD.|
11. HEALTH WARRANTY: THE BUYER AND/OR MEMBER(S) REPRESENT THAT THE BUYER AND/OR MEMBER(S) IS IN GOOD HEALTH AND HAS NO DISABILITY, IMPAIRMENT MEDICAL CONDITION OR ILLNESS PREVENTING THE BUYER AND/OR MEMBER(S) FROM ENGAGING IN EXERCISE, USE OF FORMULA 3 FITNESS FACILITIES OR THAT POSES A HEALTH RISK TO OTHER USERS OF THE FACILITY. THE BUYER AND/OR MEMBER(S) AND BUYER ASSUME FULL RESPONSIBILITY FOR THE BUYER AND/OR MEMBER(S) MEDICAL CONDITION AS IT RELATES TO HIS/HER ABILITY TO ENGAGE IN EXERCISE. THE BUYER AND/OR MEMBER(S) AND BUYER AGREE THAT THE BUYER AND/OR MEMBER(S) WILL NOT USE ANY OF FORMULA 3 FITNESS FACILITIES WITH OPEN CUTS, ABRASIONS, SORES, INFECTIONS, CONTAGIOUS CONDITIONS OR MALADIES WHICH MAY IMPOSE A HEALTH RISK TO OTHERS IN ACCORD WITH STATE AND LOCAL HEALTH REQUIREMENTS.
11A. COVID-19: IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN FORMULA 3 FITNESS PHYSICAL FITNESS CLASSES I, ON BEHALF OF MYSELF AND ALL PERSONS AND ENTITIES CLAIMING BY, THROUGH OR UNDER ME HEREBY ACKNOWLEDGE, AGREE AND REPRESENT THAT I HAVE INSPECTED AND CAREFULLY CONSIDERED FORMULA 3 FITNESS, THE STUDIO PREMISES, EQUIPMENT AND FACILITIES, AND I FIND AND ACCEPT THE SAME AS BEING SAFE AND REASONABLY SUITED FOR MY USE AND/OR PARTICIPATION IN CLASSES PROVIDED AT THE FORMULA 3 FITNESS STUDIO(S). I ACKNOWLEDGE THAT THE NOVEL CORONAVIRUS (“COVID-19”) IS A GLOBAL PANDEMIC AND THAT INFECTIONS HAVE BEEN CONFIRMED THROUGHOUT THE UNITED STATES AND INTERNATIONALLY, INCLUDING IN THE STATE IN WHICH THE FORMULA 3 FITNESS STUDIOS ARE LOCATED. I UNDERSTAND AND ACKNOWLEDGE THAT FORMULA 3 FITNESS CANNOT GUARANTEE MY SAFETY OR IMMUNITY FROM INFECTION. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED DIRECTLY OR INDIRECTLY WITH PARTICIPATING IN ANY ACTIVITY AT THE FORMULA 3 FITNESS STUDIO(S), INCLUDING CLASSES, TRAVELING TO AND FROM THE STUDIO, ENTERING AND EXITING THE FORMULA 3 FITNESS STUDIO PREMISES, USING EQUIPMENT AT FORMULA 3 FITNESS, INTERACTING WITH OTHER PERSONS AT OR AROUND FORMULA 3 FITNESS, AND/OR USING FACILITIES WITHIN THE FORMULA 3 FITNESS PREMISES, INCLUDING RESTROOMS (COLLECTIVELY, THE “VOLUNTARY ACTIVITY”). WITH THIS UNDERSTANDING, I KNOWINGLY AND VOLUNTARILY WAIVE AND RELEASE FORMULA 3 FITNESS, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS (COLLECTIVELY, THE “RELEASEES”), FROM ANY AND ALL PRESENT AND FUTURE CLAIMS OF ANY TYPE, INCLUDING FOR ANY HARM OR LOSS, ECONOMIC LOSS, PERSONAL INJURY, DISEASE, DEATH AND PROPERTY DAMAGE SUFFERED BY ME. I AGREE TO INDEMNIFY AND HOLD HARMLESS, AND COVENANT NOT TO SUE, THE RELEASEES FOR ANY PERSONAL INJURY, DEATH, MEDICAL EXPENSES, DISABILITY, LOSS OF CAPACITY, PROPERTY DAMAGE, COURT COSTS, ATTORNEYS’ FEES, AND/OR OTHER LOSS, INCLUDING ARISING OUT OF OR RELATED, WHETHER DIRECTLY OR INDIRECTLY, TO ANY VOLUNTARY ACTIVITY.
I REPRESENT AND ATTEST THAT: I AM NOT EXPERIENCING ANY SYMPTOMS OF ILLNESS. I DO NOT HAVE A FEVER OR COUGH AND AM NOT EXPERIENCING SHORTNESS OF BREATH. IF I DEVELOP ANY OF THESE SYMPTOMS, OR IF I HAVE A SUSPECTED OR DIAGNOSED CASE OF COVID-19, I AGREE THAT I WILL NOT ATTEND OR PARTICIPATE IN ANY CLASS AT ANY FORMULA 3 FITNESS STUDIO LOCATION, OR OTHERWISE ENTER OR BE PHYSICALLY PRESENT AT THE FORMULA 3 FITNESS STUDIO. I AGREE TO FOLLOW ANY AND ALL SAFETY PROTOCOLS THAT HAVE BEEN OR WILL BE IMPLEMENTED BY FORMULA 3 FITNESS, INCLUDING THOSE THAT ARE POSTED AT THE FORMULA 3 FITNESS STUDIO(S) AND THOSE THAT ARE SENT TO ME ELECTRONICALLY INCLUDING BY SMS AND/OR EMAIL, AS WELL AS THOSE POSTED ON THE WEBSITE FOR FORMULA 3 FITNESS. I ACKNOWLEDGE THAT FORMULA 3 FITNESS MAY CHANGE THESE PROTOCOLS AT ANY TIME AND I AGREE TO ABIDE BY ANY AND ALL SUCH CHANGES. I DO NOT BELIEVE THAT I HAVE BEEN EXPOSED TO A PERSON WITH A CONFIRMED OR SUSPECTED CASE OF COVID-19 WITHIN 14 DAYS. I HAVE NOT BEEN DIAGNOSED WITH COVID-19 AND NOT YET CLEARED AS NON-CONTAGIOUS BY STATE OR LOCAL PUBLIC HEALTH AUTHORITIES. I AM AND WILL CONTINUE TO FOLLOW RECOMMENDED GUIDELINES RECOMMENDED BY THE CDC REGARDING COVID-19.I AGREE TO NOTIFY FORMULA 3 FITNESS IMMEDIATELY IF I BELIEVE THAT I AM EXPERIENCING ANY SYMPTOMS OF COVID-19 AND/OR IF I HAVE A SUSPECTED OR DIAGNOSED CASE OF COVID-19.
|12. ASSUMPTION OF RISK / PERSONAL INJURY: THE BUYER AND/OR MEMBER(S) ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY PERSONAL INJURY SUSTAINED BY THE BUYER AND/OR MEMBER(S) (AND CHILD/CHARGE) AS A RESULT OF HIS/HER PHYSICAL EXERCISE, USE OF FACILITIES AND EQUIPMENT, CLASS PARTICIPATION AND/OR INSTRUCTION BY PERSONAL TRAINER, AND ALL OTHER ACTIVITY AT THE FACILITY. THE BUYER AND/OR MEMBER(S) AND BUYER RELEASE AND DISCHARGE FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS FROM ANY AND ALL LIABILITY, LOSS, OR EXPENSE (INCLUDING LEGAL COSTS) INCURRED BY THE BUYER AND/OR MEMBER(S) AND BUYER AS A RESULT OF SUCH PERSONAL INJURY AND USE OF FACILITIES AND SERVICES EXCEPT TO THE EXTENT THAT SUCH INJURY RESULTS FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS.|
|13. CHANGE OF NAME / ADDRESS: FORMULA 3 FITNESS MUST BE NOTIFIED IN WRITING THROUGH EMAIL GM@FORMULA3.FIT, OF ANY NAME OR ADDRESS CHANGE.|
|14. RULES, REGULATIONS, AND SCHEDULES: THE BUYER AND/OR MEMBER(S) MUST FOLLOW AND ABIDE BY ALL RULES AND REGULATIONS EITHER WRITTEN DOCUMENTS, POSTED IN HOUSE, AND/OR ORALLY GIVEN BY FORMULA 3 FITNESS MANAGEMENT AND/OR ITS OWNERS. PROPER ATHLETIC ATTIRE MUST BE WORN AT ALL TIMES IN ALL AREAS OF FACILITY. THE BUYER AND/OR MEMBER(S) AGREES TO ABIDE BY ALL FORMULA 3 FITNESS RULES, REGULATIONS, SCHEDULES, AND FEES AS MAY BE POSTED IN FACILITIES, ONLINE AT WWW.FIT716.COM OR ISSUED ORALLY. FACILITY RULES, REGULATIONS, SCHEDULES, AND FEES ARE SUBJECT TO CHANGE AT FORMULA 3 FITNESS SOLE DISCRETION.|
|15. SAFE ENVIRONMENT: THE BUYER AND/OR MEMBER(S) UNDERSTANDS THAT AT FORMULA 3 FITNESS THERE IS ZERO TOLERANCE WITH ANY FORM OF HARASSMENT TOWARD OTHER MEMBERS, FORMULA 3 FITNESS EMPLOYEES, ALSO FORMULA 3 FITNESS ITSELF. FORMULA 3 FITNESS MAY REVOKE THE BUYER AND/OR MEMBER(S) MEMBERSHIP AND MAY BE SUBJECT TO FURTHER DAMAGES DECIDED BY THE GOVERNING LAW.|
|16. PICTURES, VIDEOS, ADVERTISING, AND SOCIAL MEDIA: THE BUYER AND/OR MEMBER(S) MAY BE SUBJECT TO IN HOUSE PICTURES AND/OR VIDEOS THAT MAY BE USED FOR ADVERTISING AND/OR SOCIAL MEDIA PURPOSES AND WILL ALLOW FORMULA 3 FITNESS TO USE THAT CONTENT IF NEEDED. I UNDERSTAND THAT I MAY DECLINE THIS PRIVILEGE AT ANYTIME BY FILLING OUT AND SIGNING THE FORMULA 3 FITNESS PRIVACY FORM WHICH IS AN ADDENDUM TO THIS MEMBERSHIP AGREEMENT. THIS FORM WILL BE PRESENTED IN PERSON DURING REGULAR SCHEDULED BUSINESS OFFICE HOURS TO BE APPROVED, SIGNED, AND FILED.|
|17. FACILITIES, EQUIPMENT, AND SERVICES: FORMULA 3 FITNESS FACILITIES, EQUIPMENT, SERVICES, CLASSES, DAYS AND HOURS OF OPERATION ARE SUBJECT TO CHANGE AT FORMULA 3 FITNESS SOLE DISCRETION. AS A RESULT OF REPAIRS, MAINTENANCE, WEATHER, EMPLOYEE ERROR, OR SPECIAL OCCASIONS, FORMULA 3 FITNESS MAY BE REQUIRED TO RESTRICT THE USE OF THE FACILITIES, EQUIPMENT, LIMIT SERVICES OR CANCEL ONE, MORE, OR ALL CLASSES. THE BUYER AND/OR MEMBER(S) AGREES THAT THERE WILL BE NO REDUCTION OR REFUND OF MEMBERSHIP FEES FOR SUCH REASONS. IN CASE OF LONG-TERM INTERRUPTION OF ALL SERVICES MORE THEN 3 MONTHS AT FORMULA 3 FITNESS (I.E. FIRE OR OTHER DISASTER), FORMULA 3 FITNESS RESERVES THE RIGHT TO FREEZE MEMBERSHIPS AND ADD LOST TIME ONCE SERVICES RESUME. ALL FORMULA 3 FITNESS MEMBERS MUST PAY FOR ANY AND ALL DAMAGES DONE TO EQUIPMENT, FACILITIES, ETC. AND MEMBERS WILL BE HELD RESPONSIBLE TO PAY FOR ANY DAMAGES THEIR GUESTS MAY CAUSE AS WELL.|
|18. PERSONAL PROPERTY WAIVER: FORMULA 3 FITNESS URGES THE BUYER AND/OR MEMBER(S) NOT TO BRING VALUABLE PERSONAL PROPERTY INTO THE FACILITIES. FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR LOSS, THEFT OF, OR DAMAGE TO THE BUYER AND/OR MEMBER(S) PERSONAL PROPERTY LOCATED ANYWHERE IN THE FACILITY. THE BUYER AND/OR MEMBER(S) FURTHER AGREE TO WAIVE SUCH CLAIMS AGAINST FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS|
|19. RETURN POLICY FOR MERCHANDISE, PRODUCTS, PROGRAMS, AND SERVICES: ALL SALES ARE FINAL, SOLD AS IS, AND/OR WHERE IS. THERE ARE NO REFUNDS, NO RETURNS, AND/OR EXCHANGES. ANY SERVICES, MERCHANDISE, AND/OR PRODUCTS USED AS PROMOTIONAL ADVERTISING ARE NOT VALID FOR REFUNDS AND/OR RETURNS REGARDLESS OF PRODUCT DEFAULT, DAMAGE, AND/OR DISSATISFACTION. EX) HEART RATE MONITORS, T-SHIRTS, NOT EXCLUDING CHALLENGES, AND/OR ANY TYPE OF TRAIL, ETC. GIFT ITEMS AND/OR FREE PROMOTIONAL PRODUCTS AND/ MERCHANDISE ARE NON-REFUNDABLE, NON-RETURNABLE, AND/OR NON-EXCHANGEABLE. ELIGIBILITY FOR RETURN: IF ANY MERCHANDISE AND/OR PRODUCT HAS BEEN PURCHASED OUT RIGHT BY THE CONSUMER AND/OR BUYER/MEMBER AND IS NOT A PROMOTIONAL ITEM AND/OR HAS NOT BEEN OPENED AND IS UNUSED AND UNSOILED. THEY HAVE 30 DAYS FROM PURCHASE DATE TO RETURN ITEM FOR THE FULL AMOUNT PAID FROM RECEIPT OF SAID PURCHASE DATE AND WILL BE GIVEN ONLY IN HOUSE CREDIT. IF MERCHANDISE AND/OR PRODUCT HAS BEEN OPENED AND/OR USED BY THE CONSUMER AND/OR BUYER/MEMBER AND HAS BEEN GRANTED AUTHORIZED PERMISSION FOR AN EXCHANGE BY OWNERS AND/OR UPPER MANAGEMENT THEN THERE WILL BE A RESTOCKING FEE OF 25% OF SUBTRACTED FROM THE VALUE THE CURRENT LISTED PRICE.|
|20. SOLICITATION, CONDUCTING BUSINESS, TRAINING & INSTRUCTION: NO SOLICITATION OF ANY KIND, NO CONDUCTING BUSINESS OF ANY KIND, NO FITNESS TRAINING AND/OR INSTRUCTION OF ANY KIND IS PERMITTED AT FORMULA 3 FITNESS FACILITIES WITHOUT THE WRITTEN APPROVAL FROM OWNERS OF FORMULA 3 FITNESS AND/OR ITS PARENT COMPANIES..|
|21. AGREEMENT APPROVAL & RIGHT TO REVOKE MEMBERSHIP: ALL MEMBERSHIP AGREEMENTS ARE SUBJECT TO FINAL APPROVAL BY FORMULA 3 FITNESS MANAGEMENT AND/OR ITS PARENT COMPANIES. FORMULA 3 FITNESS RESERVES THE RIGHT TO REFUSE THIS AGREEMENT FOR ANY REASON AT OUR SOLE DISCRETION. FORMULA 3 FITNESS RESERVES THE RIGHT TO SUSPEND OR REVOKE MEMBERSHIP, WITHOUT REFUND OF MEMBERSHIP FEES, FOR A BREACH OF FACILITY RULES OR REGULATIONS, VIOLATIONS OF AGREEMENT TERMS, OR GENERALLY UNDESIRABLE BEHAVIOR AS DETERMINED BY FORMULA 3 FITNESS AT ITS SOLE DISCRETION.|
|22. TEMPORARY CLOSURE OF SERVICES DUE TO ANY OF THE FOLLOWING CAUSES, TO THE EXTENT BEYOND ITS REASONABLE CONTROL: ACTS OF GOD, ACCIDENTS, RIOTS, WAR, TERRORIST ACT, EPIDEMIC, PANDEMIC, QUARANTINE, CIVIL COMMOTION, BREAKDOWN OF COMMUNICATION FACILITIES, NATURAL CATASTROPHES, GOVERNMENT ACTS OR OMISSIONS, CHANGES IN LAWS OR REGULATIONS, NATIONAL STRIKES, FIRE, EXPLOSION, GENERALIZED LACK OF AVAILABILITY OF RAW MATERIALS OR ENERGY. ALL MEMBERSHIP AGREEMENTS WILL BE PLACED ON SUSPENSION UNTIL FORMULA 3 FITNESS RESUMES SERVICES. THAT TIME & PAYMENT THAT ARE PUT ON HOLD WILL BE ADDED BACK ONTO THE END OF THE MEMBERSHIP TERM TO FULFILL THE OBLIGATION BETWEEN THE BUYER AND/OR MEMBER(S) & THE SELLER A.K.A. FORMULA 3 FITNESS WHEN SERVICES RESUME.|
|23. GOVERNING LAW: THIS AGREEMENT WILL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. IF ANY PROVISION OF THIS AGREEMENT IS DEEMED INVALID, THE SAME WILL NOT AFFECT THE ENFORCEMENT OF ANY OTHER PROVISION OF THIS AGREEMENT.|
|24. ENTIRE AGREEMENT: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES THE BUYER AND/OR MEMBER(S) AND FORMULA 3 FITNESS A.K.A.(THE SELLER) AND/OR ITS PARENT COMPANIES. THERE IS NO RELIANCE BY THE BUYER AND/OR MEMBER(S) ON ANY REPRESENTATIONS, ORAL OR OTHERWISE, NOT STATED HEREIN. NO MODIFICATION OF THIS AGREEMENT WILL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY BOTH PARTIES.|