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1. CONSUMER'S RIGHT TO CANCELLATION
YOU MAY CANCEL AN ANNUAL FITNESS MEMBERSHIP CONTRACT OR PERSONAL, SEMI-PRIVATE, OR SMALL GROUP TRAINING; FUNCTIONAL PHYSICAL, OR NUTRITIONAL CONSULTING SERVICES WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF YOUR FIRST CHECK-IN AT THE FACILITY TO THE ADDRESS SPECIFIED IN THIS CONTRACT.
Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument shall be void upon cancellation and shall also be returned to the buyer within said fifteen (15) days.
Additional Rights to Cancellation:
You may also cancel your Annual Fitness membership or Personal, Semi-Private, or Small Group Training; Functional Physical Therapy, or Nutritional Consulting Services agreement with forty five (45) days written notice in person at Chatham Works or by certified or registered mail for any of the following reasons:
a) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of three (3) months.
b) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
c) If you move either your residence or your place of employment more than twenty-five (25) miles from Chatham Works; (must provide satisfactory proof of new residence or job relocation).
d) If, within the first twelve (12) months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former Employer confirming termination of employment and reason for termination); Upon request by Seller, buyer or member shall provide Seller with reasonable evidence of the reason for cancellation.
e) If the services to be provided under this contract are not available because the seller permanently discontinues operation, or substantially changes the operation of the business. All monies paid by the Buyer pursuant to such contract cancelled for one of the reasons contained in this section shall be refunded to the buyer or his/her estate within fifteen days of seller's receipt of such notice of cancellation, provided however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer or member prior to cancellation; and further provided that the seller may demand the reasonable cost of goods and services which the buyer consumed or wishes to retain after cancellation of the contract, including - but not limited to - the full retail cost of any heart rate monitoring belt buyer received with their membership. In no instance shall the seller demand more than the full contract price from the buyer. Member agrees that if Member received any free months as an inducement to enter into this Agreement or as a result of referring new members, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled. Member/Buyer shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement.
2. TRAINING, CLASS, & OPEN GYM CANCELLATION POLICIES & FEES: Even during normal times, late cancellations and no-shows can negatively impact our business, and make it hard for members to take advantage of the services we provide. The operational and spacing constraints we face due to COVID-19 make these considerations even more pressing. Therefore to protect both our interests and those of our members, we will be strictly enforcing these policies:
3. MEMBER'S HEALTH WARRANTY: Member and/or Buyer 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 or injury or adverse health consequences as a result of use of the Club or its facilities in any manner. Should Member/Buyer’s health condition change such that Member/Buyer is no longer able to safely avail themselves of the benefits of membership, Member/Buyer should exercise their rights as defined in section 1-a (above) of section 3 (below). Chatham Works’ policies regarding Member health issues are a reflection of our strong desire to discourage members from putting themselves at risk by engaging in exercise when doing so isn’t in the Member’s best interest. Note our COVID-19 specific policies below.
4. MEDICAL EVENT FREEZE/HOLD POLICY: A Medical Freeze/hold may be granted for a minimum of one (1) month, requires a doctor's letter, and must be submitted in writing at least 25 (twenty five) days prior to the start of the requested Medical Freeze/Hold period in order for the membership to be frozen for the following contract month. A Medical Freeze/hold shall not be considered to be approved until Member/Buyer has received written notice of approval from Chatham Works management. Upon approval, Member/Buyer’s annual contract expiration/renewal date shall be extended by the number of months of the approved contract Freeze(s). No retroactive freezes are permitted. Freezes may be requested for up to six (6) months, or nine (9) months for a pregnancy freeze. Approved medical freezes will not result in any additional charge or penalty to the Buyer/Member, except as set forth above.
5. DISCRETIONARY FREEZE/HOLD POLICY: Each Annual Member shall be permitted to Freeze their membership for a maximum of three (3) full months in aggregate per original 12 month contract year. Freeze/hold must start on the first day of the contract month and include the full contract month. Member/Buyer must request the Freeze/Hold in writing at least 25 (twenty five) days prior to the start of the requested Freeze/Hold period in order for the membership to be frozen for the following contract month. Freeze/hold shall not be considered to be approved until Member/Buyer has received written notice of approval from Chatham Works management. Upon approval, Member/Buyer’s annual contract expiration/renewal date shall be extended by the number of months of the approved contract Freeze(s). No retroactive freezes are permitted.
Charges for approved Freeze/Hold requests shall be as follows: First freeze month in the original 12 month contract year = no charge. 2nd & 3rd months in the original 12 month contract year = $25 charge per month.
6. RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of Chatham Works, which may be posted at the Club or issued orally, and which may be amended from time to time, at Chatham Works’ sole discretion.
7. MINORS: Chatham Works memberships are restricted to persons 18 years of age and over. Minors are explicitly not permitted to become members. When available, persons younger than 18 and older than 16 years of age are permitted to purchase Day and Class Passes and Packs to participate in exercise classes and training sessions, but may only enter the Club if accompanied by - or vouched for by - a member Adult who shall assume responsibility for the non-member Minor’s behavior and actions while in the facility. Children under fifteen (15) years of age may use the Club only during a previously announced Club-sponsored activity that is explicitly described as being intended for children. Chatham Works has the right to discontinue usage by any minor whose behavior is objectionable to management, staff, any other member, or who is unsupervised.
8. PRESENTATION OF MEMBERSHIP CARD or VALID IDENTIFICATION: Any person entering Chatham Works must - upon request - display a valid membership card or government issued identification.
9. 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.
10. GUESTS: Buyer/Member’s agreement with Chatham Works does not entitle Buyer to bring guests into the facility. Non-Members may purchase Day and Class Passes and Packs, as available, to participate in classes and training sessions, but shall not be afforded the benefits of membership.
11. TRANSFERS OF MEMBERSHIP/CREDITS: Membership/credits may not be transferred.
12. UPGRADING MEMBERSHIPS: A Member may upgrade his or her membership (e.g., “Basic Gym” to “The Works”) with the prior consent of management; provided Member/Buyer will be responsible for paying any applicable upgrade fee and for the ongoing payment of any additional monthly fees associated with such upgrade.
13. BUYER'S OBLIGATIONS: Buyer shall not be relieved of Buyer's obligations to make payments agreed to, and no deduction from any payments shall be made because of Member's failure to use the Club's facilities. Member dues are for the specified period of time and are no way related to actual usage of the facilities or participation in services offered.
14. PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES: Buyer has provided Chatham Works with its credit card or other financial institution information for the purpose of paying for goods and services which Buyer (or Member, if different) may purchase at Chatham Works. These other charges may include fees for personal training, fitness training sessions, retail apparel and other similar items, food and beverage items, or services. Buyer recognizes and agrees that Chatham Works will maintain this information in its files and acknowledges Chatham Works's right to charge the credit card or other account identified under this Agreement at any time and from time to time during the term of the membership.
15. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at the Club or issued orally by Chatham Works from time to time at its discretion, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Chatham Works. Employees are not authorized to make any independent agreements with any Member/Buyer. If any provision or portion of this Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.
16. UNPAID BALANCES: Members will not be permitted to use the Club until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Chatham Works for collection of any fees and/or charges. Buyer/Member’s failure to pay agreed upon dues in a timely manner shall result in suspension of all Club privileges. Chatham Works reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. Further, Chatham Works reserves the right to charge the credit card or other account identified under this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or credit card charge payable to Chatham Works is not honored, Management will assess a $30 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month. To the extent that Buyer and Member are 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 Club).
17. LOCKERS: Lockers, when available, are provided solely for the benefit and convenience of Chatham Works members and customers. Management will remove any articles left in a locker overnight.
18. VALUABLES AND PERSONAL PROPERTY: Members are discouraged from bringing valuables onto club premises. Chatham Works shall not be liable for the loss of or theft of, or damage to, the personal property of members or customers, including items left in lockers or elsewhere in the Club.
19. 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. 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. Proper athletic footwear must be worn in all Group Fitness classes, unless explicitly stated otherwise by the instructor.
20. DRESS CODE: Proper athletic attire and footwear required. No street clothes or dress shoes permitted in fitness areas. Management has the right to prevent the use of any equipment if the proper attire is not worn.
21. PERSONAL & SMALL GROUP TRAINING, AND CLASS PASSES/PACKS: All sales of Personal and Small Group Training sessions and packages and Day/Class Passes/Packs are final and non-refundable. Purchases of single and multiple (“pack”) Small Group and Personal Training sessions and Day/Class Passes/Packs a la carte expire one hundred eighty (180) days from the date of purchase, unless indicated otherwise. Monthly add-on Small Group or Personal Training Packages (e.g., 4x or 8x per Month) are both session and time limited. It is incumbent upon the member to use their full allotment of Package Sessions within the specified timeframe (e.g., 4x or 8x per contract month). Any unused sessions under these Packages shall expire at the end of the contract month, and shall not carry over to the following or subsequent month(s).
A. Payments: Payment for Sessions/Classes is required to be made by the Member on or before the date of the Session/Class. If payment is not otherwise made by the Member, charges for late cancellations or no show appointments for Sessions/Classes will be charged to the Member's credit card or other account which is on file with Chatham Works pursuant to Sections 13, 14, and 16 of this Agreement. In addition, charges for Sessions/Classes which are used by a Member but not otherwise paid for will be charged to the Member's credit card or other account which is on file with Chatham Works on the day on which the Session/Class is used.
B. Discounts: Chatham Works may offer discounts on Sessions/Classes to Members who purchase a group of Sessions/Classes. These discounts only apply to the number of Sessions/Classes so purchased as a group. Any further or additional Sessions/Classes will be charged at the regular rate then in effect for individual Sessions.
C. Automatic Application: No action is required to be taken by a Member in connection with these regulations.
22. NON-CHATHAM WORKS PERSONAL TRAINERS: Use of non-Chatham Works Personal Trainers in the Club is prohibited. Members may not personal train other members.
23. PRICING: Chatham Works reserves the right to increase the monthly or annual fee and will provide thirty (30) days' notice to all Members regarding any such change in pricing. Member shall have the right to discontinue membership should she/he not agree to continue membership at the new rate.
24. CORPORATE MEMBERS: If Member is part of a corporate program between Chatham Works and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between Chatham Works and such third party, the terms and conditions of the corporate program will govern and control.
25. REVOCATION OF MEMBERSHIP: Chatham Works reserves the right to revoke and cancel any 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 paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
26. WAIVER OF LIABILITY: Member assumes full responsibility for his or her use of the facility and releases Chatham Works from any and all claims, including those caused in whole or in part, by the negligence of Chatham Works’ owners, employees,, or subcontractors, and shall indemnify Chatham Works, the owner of the club, its affiliates, agents and employees against any and all liability arising out of use of the facilities. This waiver of liability specifically includes any and all claims related to COVID-19. (Please see section 29 below.)
27. COMPLIMENTARY ITEMS: Complimentary items (including, but not limited to spa sessions, small group and personal training sessions, group exercise classes, complimentary gift cards or other promotional items) may be distributed at the discretion of Chatham Works and have no cash value. Only members with an active account in good standing may redeem complimentary items in accordance with their terms and complementary items become null and void upon termination or expiration of membership for any reason.
28. SERVICE & AMENITY EXCLUSIONS: Chatham Works’ fitness memberships do not confer to the Buyer/Member any right or benefit to use other services provided by Chatham Works, specifically including but not limited to Chatham Works Coworking/Workspace offerings and Chatham Works childcare offerings.
29. COVID-19 SPECIFIC ACKNOWLEDGEMENT, POLICIES, AND WAIVERS:
Prior to partaking in any offerings provided by Chatham Works, each Participant/Member must read, acknowledge, and accept the following:
Cleaning & Disinfection of Equipment: All equipment shall be properly and responsibly cleaned and disinfected both before and after each and every usage by using cleaning products provided by Chatham Works that are EPA approved to be effective in killing SARS-COV-2.
Masks: All Participant/Members (including the instructors) shall be required to bring a CDC recommended cloth (or similar) mask and wear it properly when entering the facility or class screening area, and at any point when distancing of less than the then state mandated minimum is not feasible.
Waiver and Indemnification: Participant/Member assumes full responsibility for his or her participation in Chatham Works' Fitness and other offerings. Participant/Member and/or Participant/Member's assigns and successors hereby release the parties named below from any and all claims, including those caused in whole or in part, by the negligence of any of the named parties, and shall indemnify the named parties against any and all liability arising out of Participant/Member's involvement:
Please contact us with any questions or concerns about any of these policies.