All membership fees and charges shall be paid by you monthly through “automatic” withdrawal (“ACH”) or electronic fund transfer (“EFT”) from the account you provide us. All monthly fees and charges will automatically be withdrawn from your account on this day of each month. If your start date differs from your end date, you will be charged a pro-rated membership fee upon execution of this Agreement and your full membership fee on the date specified. You agree the automatic withdrawals (payments) will continue during your membership unless this Agreement is terminated in writing as provided herein. The provisions in this Section shall not apply to Paid in Full memberships which shall be paid in one payment in advance through ACH or EFT. All fees and charges paid are non-refundable except as otherwise stated herein.
You hereby authorize us to access information from your checking/debit/credit account indicated above, to withdraw funds from that account for your fees/charges hereunder, and to initiate credit and/or debit entries by ETF or ACH transfer from the account. This authority is to remain in full force and effect until we have received written notification from you of its termination in such time and in such manner as to afford us a reasonable opportunity to act on it.
If your payment account information (such as credit or debit card) has changed or expired, it is up to you to update us as to that account. You will be notified given the email address you provided us if your card is near expiration. Contact us at (608) 788-0441 regarding how to change your payment account in our billing system. We are not liable for any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information that you provide to us. You agree to defend, hold harmless, and indemnify us for any causes of action, claims, damages, demands, expenses, fines, investigations, liabilities, and penalties incurred by us to any third party arising out of your providing us any incorrect, erroneous, or false credit card, debit card, bank account, routing number, or wire transfer information.
Notwithstanding the foregoing, you may cancel your membership during the first thirty (30) days of your Membership Term by giving written notice of cancellation to us and you will receive a full refund of all payments that you made to us. In addition to the other cancellation provisions set forth herein, you can also terminate your membership after the expiration of the Membership Term by providing us with thirty (30) days advanced written notice of termination. You will be charged membership fees and other charges hereunder through the effective date of termination. You may also cancel your membership for any of the following reasons:
(a) If you are pregnant or have an illness (that is not a disability) which precludes you from using the facility for three (3) consecutive months and the condition is verified by a physician. Upon cancellation under this paragraph, you will be assessed a charge equal to 50% of the membership fees per month for each month remaining in the Membership Term and any fees paid to us in excess of the aforementioned total cancellation charge will be refunded to you.
(b) In the event of your death or if you are disabled (and the disability is verified in writing by a physician) which precludes you from using the Facility for three (3) consecutive months. Upon cancellation under this paragraph, you will be liable for only that portion of the total consideration paid to us proportional to the elapsed time portion of this Agreement at the time of death or if disability, then that portion of the total consideration paid to us proportional to the elapsed time portion of this Agreement at the time you provide us with written notice from your physician of your disability.
(c) If you move more than twenty-five (25) miles from the location of the Facility. Upon cancellation under this paragraph, you will be assessed a charge equal to 50% of the membership fees per month for each month remaining in the Membership Term and any fees paid to us in excess of the aforementioned total cancellation charges will be refunded to you.
(d) If the Facility closes or is not operational for more than thirty (30) consecutive days and we fail to provide you a comparable facility within ten (10) miles of the closed Facility in which you agree to complete this Agreement and receive services at the other location. Upon cancellation under this paragraph, you shall be entitled to a refund of that portion of membership fees that you paid in advance for the remaining months in the Membership Term.
(e) If your wish to cancel this Agreement as provided above, then such cancellation notice shall be in writing and delivered personally or emailed to us.
Assumption of Risk, Waiver and Release of Liability, and Miscellaneous Provisions
In consideration of the permission to use the facilities, equipment, services, premises, and products provided at Unity Fitness LLC (hereafter Unity Fitness) today, and at any time in the future, I understand and agree to all of the following:
Assumption of Risk: I understand that any physical activity carries with it an inherent risk of injury. Strength training can involve strenuous exertions of various muscles placing stress on the muscles, bones, and joints. Cardiovascular training can involve sustained physical activity placing stress on the heart, arteries, and blood pressure. Risk of injury may be minor such as soreness, sprains, strains, and bruises, or serious such as heart attack, stroke, paralysis, and death. I understand these risks and agree to assume all risk of injury or illness associated with exercise whatever the cause.
Waiver and Release: You or your parent(s) and/or legal guardian(s) if you are a minor, agree to the following:
- I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, and anyone else claiming by or through me to release, waive, and discharge Unity Fitness, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for (1) any physical or emotional injury or illness suffered by me (including death) arising from my attending Unity Fitness or using its equipment, facilities, services, products, programs, and/or premises; and (2) any damage to, loss of, or theft of my property.
- You understand that there are risks and dangers associated for your physical exercise and nutrition programs which may results in accident or injury or have adverse effects to your health or medical conditions.
- You understand that you have sole responsibility for your physical and mental health. You assume all risks of participating in the Programs.
- You understand that Unity Fitness does not and will not provide any medical advice regarding your physical health or medical conditions. You agree not to rely on information provided by Unity Fitness as an alternative to medical advice from your doctor or other professional healthcare provider.
- You represent that you are in good health and have obtained all medical approvals necessary to participate in the Programs. You represent that you do not have any health condition that strenuous exercise could make worse. You understand that our trainers are not medically trained to monitor your health during exercise. You agree to contact your own doctor for any questions regarding your ability to exercise safely.
- There is a risk that you may become exposed to COVID-19 while working out at our facility. You hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 while working out at our facility. You hereby release, covenant not to sue, discharge, and hold harmless Unity Fitness, LLC, its shareholders, directors, members, officers, employees, agents, and representatives, from and against any and all liabilities, claims, suits, injuries, infections, death, actions, damages, costs or expenses of any kind arising out of or relating thereto.
Indemnification and Hold Harmless: I, on my behalf, and on behalf of my heirs and assigns, hereby agree to indemnify, release, and discharge Unity Fitness, its officers, directors, agents, members, and employees, from any and all liability, causes of action, injuries, losses, damages, claims or demands, attorney fees or costs, and any other obligations, arising out of or associated with this Agreement, or any injuries or damages that I may suffer as a results of the physical activity and training that I voluntarily perform through Unity Fitness.
Permission to Use Image. You grant us permission and right to use your image in all forms (video, recordings, photographs, etc….) and media (social media, websites, print, television, etc…), without any restrictions as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purpose. You hereby waive and release Unity Fitness, LLC, its officers, directors, members, managers, employees, agents, contractors, and shareholders, from any and all claims, liabilities, invasion of privacy claims, or damages arising from or pertaining to the use of my image by us for the purposes stated herein.