Terms of Service

Membership Terms of Service 

 

1. Membership Agreement: You have purchased a Membership with Fight Club Livermore LLC, Tri-Valley OFC LLC, or Fight Club Pleasanton LLC  (the “Club”) and you ( and all those listed as Additional Members above) agree to abide by all the terms in this Membership Agreement, and to follow the Club’s established Membership Policies and any posted or published Club Rules. Your Membership permits you (and all Additional members) to use the Club’s premises, facilities, equipment and services (collectively, the “Facilities”). Your Membership must be in good standing to use the Club’s Facilities. The Club reserves the right to amend its Membership Policies and Club Rules from time to time in its sole and absolute discretion. The failure of any member to follow the Membership Policies and/or Club Rules may result in cancellation of the entire Membership or the imposition of a penalty fee. The Membership is non-transferable, non-assignable, and it does not give you or anyone else any legal or financial rights in the Club, its management, property, assets, or operation. The Club may assign or transfer this Membership Agreement in its sole discretion. The Club may sell memberships at different rates or terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, or facilities is valid only at the club of enrollment, unless otherwise noted.


2. Membership Initiation and Monthly Dues: The membership enrollment fee is a one-time fee provided that the membership status does not change or lapse. The monthly dues are payable as invoiced each month and must be paid in full by EFT or credit card. Dues received after 7 days from the due date on the Agreement will be charged a late fee. If your Membership is month-to-month, the Club reserves the right to increase dues and fees from time to time on no less than 30-day advance written notice to the Responsible Party. The Club will provide you with written notice at least 30 days before the increase takes effect. Monthly dues must be paid via EFT or Credit Card.


3. Automatic Renewal: After the term of this Membership Agreement expires, it shall continue on a month to month basis until terminated by the Member in accordance with the cancellation terms under this Membership Agreement.


4. Guest Policy: Guests must be accompanied by a Member in good standing, and may use the Club’s Facilities subject to payment of the current guest fee, and execution of an Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement. For any minor guests, an Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement must be signed by the minor guest’s parent or legal guardian. No Members shall bring any individual to the Club to perform personal training services. All guests must abide by Club policies, rules and regulations.


5. Facilities, Services and Hours of Access: The Membership commences when the Membership Agreement is signed and the initial payment is made. The Members are entitled to use the Club’s facilities and services. The Club’s facilities include Cardio Kickboxing classes and Personal Training. The Club’s services include classes in various activities, such as group training and other physical activities. The Club’s hours of access are variable around the class only format, which may be amended from time to time as published on our website at www.omnifightclub.com During Holiday periods, the Club’s services, facilities, and hours of access may be limited and / or unavailable. The Club reserves the right to change the hours of access, cancel classes for any reason and reschedule classes at any time without notice.


6. Statutory Cancellation Rights: If the cost of the membership, including initiation fees, is between $1500 and $2000, you have the right to cancel this member- ship within 20 days after the contract is executed. If the cost of the membership, including initiation fees, is between $2001 and $2500, you have the right to cancel this membership within 30 days after the contract is executed. If the cost of the membership, including initiation fees, exceeds $2501, you have the right to cancel this membership within 45 days after the contract is executed.


7. Cancellation Upon Relocation: If the Responsible Party or any Additional Member moves further than 25 miles from the Club, and is unable to transfer this Membership to a comparable facility, the Responsible Party shall be relieved from the obligation of making payment for services for that Member, other than those received prior to the move, and if Responsible Party has pre-paid any sum for services, so much of such sum as is allocable to services he or she has not taken will be refunded. Proof of move will be required at time of cancellation request. Club reserves the right to charge a cancellation fee of $100 if less than one-half of Responsible Party’s contract term has expired, or, $50 if more than one-half of Responsible Party’s contract term has expired. Upon such cancellation, the entire Membership shall be terminated for all Additional Members as well.


8. Cancellation Upon Death or Disability: If, by reason of death or disability, any of the Members are unable to receive all services for which the Responsible Party has contracted, the Responsible Party and his/her estate shall be relieved from the obligation of making payment for such services other than those services received prior to death or the onset of disability. In the event Responsible Party has prepaid any sum for services, so much of such sum as is allocable to services the Member has not taken shall be promptly refunded to Responsible Party or his/her representative on request. “Disability” means a condition which prevents the Member from physically using the facilities and the condition is verified by a physician.


9. Personal Property Liability: Club is not liable to Responsible Party or any Member, or their guests, for personal property, including any automobile or its contents, that are lost, stolen, damaged, or misplaced while any member or their guests are on or about the Club’s premises. Responsible Party/Members and their guest assume the risk of any loss, theft, or damage to his/her personal property while in, or about, the Club’s premises and Responsible Party/Members release the Club from all liability with respect thereto. The Club may provide lockers, cubicles, or other storage for the Members or their guest’s use; however, the provision of such storage facilities is as a courtesy only, and neither the Club nor its employees or agents make any representation or warranty regarding the security of such storage or assume any responsibility or liability with respect to any property that is lost, stolen, damaged or misplaced.


10. Temporary Unavailability of Facilities or Change in Type, Quantity or Schedule of Classes or Equipment: The Club may temporarily take facilities or equipment out of operation for any reason deemed appropriate by The Club. The Club reserves the right to make any changes to the type or quantity of classes, services, or equipment offered.


11. Notice: Any written notice required or permitted to be given to you by the Club under this Membership Agreement shall be considered duly given when emailed to your email address as it appears on this Membership Agreement, or any subsequent email address provided by you to the Club in writing. Any notice required or permitted to be given by you to the Club shall be considered duly given when received in writing by the Club’s respective email address. 


12. Change of Member’s Information: Responsible Party shall give timely written notice to the Club of any change of address, telephone numbers, email address or credit card information on Member’s account using their Vint account or by providing the updated information directly to Club staff at the Front Desk.


13. Termination of Monthly Memberships: If the Membership is on a month-to-month basis and if more than five (5) business days have passed since Responsible Party entered into this Membership Agreement, then monthly memberships may only be terminated upon providing thirty (30) days’ advance notice given by Member via email to norcalcancellation@omnifightclub.com. Termination notice must be received at least THIRTY (30) days before Responsible Party’s next EFT billing date to allow sufficient processing time.


14. Termination for Cause by Club: Termination For Cause by Club. The Club may, at its option, terminate this Membership Agreement if (1) Responsible Party fails to make timely payments under any payment plan, (2) Responsible Party or any Additional Member under this Agreement fails to follow the Club’s rules and regulations or this Membership Agreement, or (3) Responsible Party/Additional Member’s conduct is improper or harmful to the best interests of the Club or its members. Termination for cause is effective on the date the Club mails a written notice to Responsible Party’s last known address. Responsible Party remains financially responsible for all dues and charges incurred until the date of termination.

 

15. Termination Without Cause by Club: The Club reserves the right to terminate any Membership Agreement for any reason not identified in this Membership Agreement that is not prohibited by law. If the Club terminates a Membership Agreement under this provision, the Club will mail written notice to Responsible Party and refund any unused prepaid dues.


16. Physical Condition and No Medical Advice: Responsible Party and each Additional Member listed above represents that he/she is in good physical condition and has no medical condition or impairment that might prevent their use of the Club
s facilities. Responsible Party and each Additional member listed above represents that they have not been advised by any physician or other health care professional to refrain from participating in any of the Club’s activities or programs. Responsible Party and each Additional Member listed above acknowledges that the Club did not give him or her any medical advice at any time relating to their physical condition and ability to use the Club’s facilities. If Member has any medical concerns, those concerns should be discussed with a physician before using the Club’s facilities. Responsible Party/Additional Members acknowledge that neither the Club, nor any of its owners, employees, or agents are licensed medical practitioners, and that their advice is therefore limited in scope and not a substitute for medical supervision and advice.

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17. Governing Law: This agreement shall be construed and enforced in accordance with the laws of the State of California.


18. Severability: The provisions of this Agreement are severable. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain enforceable. The Club’s failure to enforce any remedy or provision of this Agreement shall not be construed as a waiver of such remedy or provision.


19. Entire Agreement: This agreement constitutes the entire agreement between the parties. This agreement may be altered or amended only by a written instrument signed by both the Responsible Party and the Club.


20. Disclaimer of Results: Responsible Party/Additional members acknowledge and agree that no warranties or representations have been made regarding the results that they may or may not achieve from the use of the club or any specialized program offered by the Club. Responsible Party/Additional Members understand that results are individual and may vary. Responsible Party/Additional members acknowledge and agree that there are dangers and risks of injury or physical disorder inherent in participation in any athletic endeavor and that participation in this program does not remove these dangers or the risk of injury or physical disorder.


21. Default and Late Payments: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than seven days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN SEVEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. Late fees will continue to accrue during any period a balance due remains unpaid. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.