On this date, the individual (hereinafter “the Member”) hereby purchases a Membership (hereinafter “Membership”) from California Boxing Clubs, LLC, dba The Boxing Club (hereinafter “TBC"), subject to the terms, conditions and obligations set forth herein.This Membership is a license for Member to use the facilities and services of TBC during the Membership term at 15th & Island Avenue, San Diego, CA after opening in the Spring of 2018 (date TBD) or a different location if designated by TBC in the future. The Boxing Club will notify member of opening date of facility prior to opening via email. The facilities and services included in Membership are strength training, cardio equipment, locker rooms, and access to the group exercise classes being offered as part of Membership purchased hereof so long as Member is not in violation of the terms hereof or the Rules and Regulations of TBC. TBC reserves the right to make changes to the type or quantity of classes and the hours of operation at any time. As a further condition of the Membership, Member agrees to follow all the posted Rules and Regulations of TBC. Member agrees that TBC may revise the Rules and Regulations, from time to time, at its sole discretion, which shall become effective upon posting at the Club.Member agrees to accompany at all times any minor child while visiting the club facilities. Non-member minors are not permitted in the club while member is exercising. Written Notices should be done in person or sent to: California Boxing Clubs, LLC, P.O. Box 910477, San Diego, CA 92191
AUTO MEMBERSHIP RENEWAL. At the end of the initial term this membership shall renew automatically as a month-to-month membership at the monthly membership rate of $109/mo. until Member gives TBC 30-day written notice of cancellation by method described in this agreement.You will always have 1 last billing after your cancellation notice has been accepted.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. Member acknowledges that he/she has no physical impairments and that the activities offered by TBC inherently involves the possibility of injury, financial loss or death.Member knowingly and voluntarily assumes the sole risk, liability and the full responsibility for such injury, financial loss or death resulting from use of the TBC's facilities, equipment and/or instruction, even if such injury is caused by negligence. As additional consideration for this Membership, Member does hereby for Member, Member’s heirs, executors, administrators, successors and assigns, release, acquit and forever discharge TBC, California Boxing Clubs, LLC, its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer’s agents, and all other persons, firms, corporations, associations and partnerships, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses and compensation whatsoever, whether known and unknown, foreseen or unforeseen anticipated or unanticipated, which the Member may have or which may hereafter accrue on account of or in any way growing out of the use of the fitness clubs, its facilities or its courts including any injury, financial loss or death, by Member or guest.It is further understood and agreed that all rights under Section 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived.Said section reads as follows:
1542. Certain claims not affected by general release.A general release does not extend to claims which the creditor does not know or suspect to exist in creditor’s favor at the time of executing the release, which if known by him must have materially affected creditor’s settlement with the debtor.
CANCELLATIONS. You may cancel this Agreement under the following conditions:
1. You have completed your membership term and are in good standing to cancel.
2. If you move 25 miles or more away from the fitness club location and are unable to transfer the contract to a comparable facility or offering, you will be relieved from the obligation of making payments for services other than those received prior to the move.You, the buyer, will be required to pay an early termination fee of $100.If more than half of the life of the contract has expired, you will be required to pay an early termination fee of $50.If you prepaid any sum for health studio services, the amount of that sum that is allocable to services you have not taken will be promptly refunded.You are required to show proof of move by providing a copy of a utility bill from the new address.
3. The person receiving services or the use of a facility under a contract for health studio services has the right to cancel the contract within any of the following time periods:- within 20 calendar days after the contract is executed, if the contract requires payment of $1500 - $2000, inclusive, including initiation fees or initial membership fees.– within 30 calendar days after the contract is executed, if the contract requires payment of $2001- $2500, inclusive, including initiation fees or initial membership fees.– within 45 days after the contract is executed, if the contract requires payment of $2501 or more, including initiation fees or initial membership fees. On cancellation, under this section, the buyer is responsible for the pro rata share of services used. The remaining fees paid shall be returned to buyer.
4. By reason and proof of death or disability, the buyer and / or his /her estate will be relieved from the obligation of making payments for services other than those prior to death or the onset of disability, and that if he or she has prepaid any sum for lessons or services, as much of that sum as is allocable to the lessons or services he or she has not taken will promptly refunded to him or her or his or her representative. Disability means a condition that precludes the buyer from physically using the facilities in any capacity for the rest of his/her life, and that is verified by a qualified physician. Until you have given us written notice verified by a qualified physician, your membership obligations will continue.
NOTE: If you prepaid for a membership term and received a discounted rate, free bonus months or complimentary merchandise as an incentive, you will pay for those discounts at time of cancellation by way of a reduction in the refund amount given. Cancellations will not be accepted until all past due balances and costs associated with termination are paid in full.In addition, there will be a $29 processing fee added to all cancellations that did not complete the agreed upon initial term, including 5 day cancels.
Example: Assume you prepaid $950 for a 12 month membership and received 1 bonus month free at the end of term and assume you used 5 months of the membership before then moving to Oregon:
Refund Given: $950 - (5*89) - 100 -29 = $376 refund.
Membership Fees are fully earned by TBC on the first day of each month, and there will be no refund of a Membership Fee for a partial month.
TRANSFER OF MEMBERSHIPS. This membership may be transferred to any non-member with the approval of TBC.There will be a $100.00 fee to member each time that the membership is transferred.Account must be in good standing and new member must fill out all necessary paperwork before transfer can take place.A transfer does not fall under the 5 day California civil code cancellation policy. TBC can choose to deny the transfer for any reason. This is a courtesy, not an obligation.
HOLDS. “Hold” means that the Membership agreement shall remain in effect, but the privilege of use and the obligation to pay are suspended for a limited period of time. The period that the agreement is suspended during the hold period will be added on to the term upon resumption of the agreement.Member may place Membership on “hold” during the term of this agreement only for reasons contained in this paragraph; no other holds will be permitted.Member may place Membership on hold for an unlimited period at no charge if by a doctor’s written opinion, said member is physically unable to use the facilities in any capacity.Such hold is agreed to be effective only at the end of the month the doctor’s opinion is received by TBC.The doctor must give TBC in writing a date that the member may resume exercising.TBC will recommence usage of the membership term as of that date. A member may for any reason place their membership on hold for up to two months during any 12 month period.A charge of $29 per month will apply and must be paid for at the time of requesting a membership hold.The term of the membership will increase by the duration of the hold.
REVOCATIONS AND REFUNDS. Member agrees that TBC may revoke this Membership, in TBC's sole discretion, by giving written notice to Member. Any unused Membership Dues in possession of TBC at the time of the effective date of revocation or cancellation will be paid to Member within 4 weeks of effective date of revocation. Except for revocations there will be no refunds of Membership Fees or any other fees except for where this agreement stipulates. Membership Fees are fully earned by TBC on the first day of each month, and there will be no refund of a Membership Fee for a partial month.
ACKNOWLEDGEMENT. Member acknowledges that he/she is purchasing a membership for usage at TBC's facility, not for any single program type, trainer, or offering.Furthermore, there can be no assurance that now current group exercise classes, their times, and specific instructors will continue to be offered in the future. Any failure to pay Member’s membership dues by its due date will terminate Member’s right to use the facilities. In the event of any payment default herein, TBC shall be entitled to actual and reasonable costs of collection, including attorney’s fees and collection agency fees. Failure to use the facilities of TBC does not relieve Member of Member’s obligation to pay all installments required hereunder. Member declares that this agreement contains the entire agreement between the parties and that the terms are contractual and not merely recitals. Member willingly enters into this agreement.Member has read and understood all of the provisions of this agreement and agrees to be bound by them. If any provision is found to be invalid or unenforceable, the remainder will remain valid and enforceable. Any disputes hereunder will be interpreted in accordance with California law with venue in San DiegoCounty. California Boxing Clubs, LLC reserves the right to use member photography / video taken in the clubs in their marketing material.
ASSIGNMENT OF MEMBERSHIPS. Member agrees that TBC in its sole discretion has the right to assign the membership for usage at another facility instead of its current location. In this event, TBC will make its best efforts to choose a comparable facility that is within 10 miles from the current location at 8650 Genesee Avenue, San Diego, CA. Member agrees that TBC has the right to transfer the membership contracts to another party. Member agrees to fulfill its obligations under this contract and acknowledges that he/she may be billed by another party.
PERSONAL PROPERTY. Member agrees that personal property shall not be left at the fitness club after close of business.Member hereby transfers all right, title and interest to any personal property left on the premises or in a non-rented locker at the close of business each day.Member waives any notice for TBC to sell, transfer or dispose of any such personal property.Member agrees that TBC is not responsible for any lost or stolen property.
AGREEMENT AND NOTICES. Member agrees that this is the sole agreement between the parties. No oral agreements or modifications are valid.
NOTICE TO MEMBER:
You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays.To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are cancelling this agreement, or words of similar effect.The notice shall be sent to, California Boxing Clubs, LLC at PO Box 910477, San Diego, CA 92191.To insure receipt, it is highly recommended that you deliver the notice in person at the club location that you signed up at and make sure to receive a copy for your records.