Terms and conditions for Drop In Pack (3)
The Terms and Conditions stated below certify my agreement between CrossFit Dallas Central and any coach, staff, or employee (herein referred to collectively as “CFDC”) and myself, family members associated with my membership account, and my guests. These Terms and Conditions are legally binding and apply to all services rendered with CrossFit Dallas Central or CrossFit Pacific Elm.
MEMBERSHIPS
1. The minimum age for membership is 18 years old. Parental consent is required in writing for children 12-17. Children under the age of 12 taking part in any of CFDC’s services must be accompanied by his or her parent(s).
2. All persons taking part in services rendered by CFDC must sign our Liability Waiver prior to participation, including non-members who are guests or visitors to our facilities. Any member, guest, or visitor under the age of 18 must their parent(s) or legal guardian complete our Liability Waiver prior to participation.
3. Membership is non-transferable, non-assignable, and non-salable. Assignment of your membership to another person(s) may only be granted to individuals in your immediate family with approval by CFDC. Any other such attempt to transfer, assign, or sell your membership is void and will not be honored by CFDC.
4. Membership herein refers to any free trial class pass, drop-in pass, multi-class package, recurring plan, or prepaid plan sold or otherwise assigned to you by CFDC.
5. Visitors to CFDC facilities utilizing our services or facilities during events, seminars, or other courses, are required to sign our Liability Waiver unless otherwise authorized by CFDC prior to participation.
ENROLLMENT
1. Memberships currently offered are billed on a daily, monthly, or yearly cycle, depending on the membership you agree to. All invoices are processed on the first of each month with the exception of day use passes.
2. Passes are purchased in full with an expiry date, and the frequency of usage of these passes are determined by the member. Any unused passes past the expiry date of the pass plan do not roll over, and new passes must be purchased in order to participate in the services associated with the pass.
3. Recurring membership plans are offered on a monthly basis and are invoiced on the first day of each month until cancellation of plan is determined by member or in the case of default, CFDC. The first month’s invoice is offered pro rata and the cost of your plans initial month is determined by the number of days left to attend CFDC from the date the plan is purchased.
4. Prepaid plans are offered in 3, 6, and 12 month packages. The billing date of your plan is determined by the starting date of the plan, and no pro rata payment will apply to this membership.
5. All recurring and prepaid memberships have a New Member Enrollment fee attached to the first payment of any plan. This fee is non-waiverable unless otherwise agreed upon by CFDC.
6. All invoices and bills include a 3% electronic processing fee and is non-waiverable.
7. Payment for any pass, recurring plan, or prepaid plan is due on the starting date of the membership, and participation in any service offered by CFDC may not be attended until on or after the start date of your membership.
8. CFDC will make no additional charges to any account in good standing without proper notification, and any additional fees or bills invoiced without notice or otherwise in error will be refunded to you within a 30 day period from the date of the fee or bill in error.
9. In the event your membership is overdue, unpaid, or otherwise in error, you CFDC will make appropriate charges to bring your account up to date and in good standing. Failure to maintain the proper bill due schedule may result in the termination of your membership from CFDC.
HOLDS
1. You are allowed to put your membership on hold for a period no less than 30 days and no more than 90 days on an annual basis.
2. Accumulated holds may not exceed 90 days on a rolling 12 month basis. We calculate this by determining 12 months out from your very first hold request, and any will not honor any hold requests that exceed 90 days accumulated during that period. Any holds that exceed 90 days will be processed as cancellations and subject to any cancellation fee unless otherwise waived by CFDC.
3. There is $19.97 processing fee to stop payment during any hold period.
4. All holds on memberships are subject to the above mentioned rules and regulations unless otherwise agreed upon by CFDC.
CANCELLATIONS
1. Passes are not cancellable.
2. Monthly recurring plans are cancellable with a written request via the Cancellation Form on TrainCFDC.com is submitted between the 1st and the 15th of the month, in which case we will cancel your membership to prevent further billing. A cancellation processing fee is attached to your last invoice and no further collection will occur from CFDC. Cancellation forms submitted after the 15th of each month will roll over past your next billing date, in which case you will be assessed your next month’s membership dues. CFDC will not process any cancellation without submission of our written cancellation form.
3. Prepaid memberships (on a 3, 6, or 12 month plan) are cancellable within the first 10 days of your bill via submission of our cancellation form on TrainCFDC.com. Forms submitted past the 10 day grace period will not be accepted in order to cancel. Cancellation within this time period and abiding by this policy will include a reversal of paid amounts towards membership fees.
4. Circumstances requiring immediate cancellation, waiving of cancellation fees, or reversal of funds due to death or disability or otherwise emergent situations may be processed without penalty or associated fees only by written agreement between the member or his/her estate and CFDC.
REFUNDS
1. Except in the instance of billing or clerical errors, CFDC will offer no refunds on passes, recurring memberships, or any event, seminar, or course hosted by CFDC. Refunds for prepaid memberships may only be issued if a cancellation request in writing has been submitted within the first 10 days after the start of your billing date.
2. Refunds may only be issued to the same type of payment method provided for the initial charge. Refunds to credit card invoices may only be refunded to credit cards, etc. CFDC cannot offer cash or check refunds for any service rendered.
3. To request a refund that you believe is due to error on the behest of CFDC, please submit in writing your request. If the refund is valid in accordance with the rules listed above, CFDC will process the charge reversal within 15 days of the request. All refunds include the whole amount of the original charge minus any processing fees associated with the invoice.
CREDITS
1. CFDC will allow crediting of excess membership fees due to overpayment, change to membership type wherein the cost of new membership type is lower than the owed amount of your current membership type, or in the instance a membership fee has gone unused and does not fall under the terms and conditions agreed upon for cancellations and refunds.
2. In the case you are issued a credit, your account balance will reflect any outstanding and future amounts owed, and the amount of credit usable for future purchases.
3. Account credit may be used on any service provided by CFDC not including retail purchases or third party events, seminars, or courses.
4. Account credit does not roll over and cannot exceed $3,000 on an annual basis. On a 12 month rolling calendar, any credit not used will be removed from your account or applied to any outstanding balances that have not been resolved within the same 12 month time frame.
TERMINATION OF MEMBERSHIP
1. CFDC reserves the right to terminate your membership at any time in response, but not limited to, the following reasons, and is not subject to alteration or exception:
(a) member fails to make timely payments or resolve any outstanding membership fees associated with their current or past outstanding membership agreement
(b) member fails to follow the membership rules and regulations provided and agreed upon in these Terms and Conditions
(c) member’s conduct is improper or harmful to the best interests of CrossFit Dallas Central or its members
2. CFDC reserves the right to terminate any membership for any reason not identified in these Terms and Conditions that is not prohibited by law.
3. Cause for termination is effective on the date CFDC gives written notice to member on any contact method listed in their member profile or Liability Waiver.
4. Any terminated member will remain financially responsible for al dues and charges incurred until the date of termination.
5. If your membership is terminated due to non-payment or outstanding fees owed, CFDC will cancel your current membership plan effective on the date of it’s termination. Any future enrollment into any pass, recurring, or prepaid plan offered by CFDC is subject to the same New Athlete Enrollment fee and associated processing fees and is not waiverable unless agreed upon by CFDC.
PREMISES RULES
1. Members are entitled to use facilities and services during hours of usage associated but not limited to services provided. Members are not allowed to use CFDC facilities and equipment unsupervised unless authorized by CFDC. Hours of usage are subject to change without notification.
2. Occasionally, CFDC provides services offsite and in such instances all rules, regulations, and requirements are enforceable under the same rules, regulations, and requirements applicable to services on CFDC owed or managed facilities.
3. CFDC may temporarily take facilities or equipment out of operation for reasonable repairs, modifications, substitutions, or improvements. CFDC reserves the right to make changes to the type or quantity of classes or equipment offered.
4. This facility is closed at the end of each day with all its equipment properly organized and returned to its appropriate storage area. Accordingly, members are expected to maintain this state of organization in the facility during the course of their workout. If you are unclear as to the level of organization we require, ask our staff.
5. Abuse of our equipment or fixtures, fighting, loud or obnoxious behavior, and disrespectful behavior toward our staff or members are all grounds for immediate membership suspension and/or termination.
6. If you become engaged in an argument or physical altercation with another person in this facility (including our staff), your membership will be immediately suspended and/or terminated and you will be required to leave the premises. If the staff of this facility deems it necessary to call the police to facilitate your removal, you will be permanently barred from our facilities.
7. Members and non-members using this facility are responsible for observing all policies, rules and regulations, which may govern other services offered by us.
8. CFDC and it’s staff are not responsible for personal property left on, or stolen from, our premises.
9. No smoking, drugs, or loitering are allowed on any of our premise(s).
10. Weapons including, but not limited to, personal defense weapons are not allowed on any CFDC premises unless proper licensing and certifications are provided and approved by CFDC. This includes concealed carry firearms and other such weaponry. CFDC reserves the right to require you to remove any firearm or other weaponry at it’s discretion.
11. I agree to allow CFDC, it’s agents, offers, principles, employees, and volunteers to use any and all picture(s), film, and/or likeness of me for advertising and teaching purposes. I also acknowledge that there are video cameras on CFDC premises and facilities and I may be filmed and recorded for security and safety purposes. I consent to CFDC the filming and record of me.
PHYSICAL CONDITION AND LIMITATIONS AND NO MEDICAL ADVICE
1. I hereby certify that I have no medical problems that would increase my risk of illness and/or injury as a result of participation in any service provided by CFDC.
2. I acknowledge that any advice concerning my health or physical condition is not medical advice, but the sole opinion of CFDC and it’s staff and employees, and any action taken my a member in response to these opinions is not considered medical advice. If a member has any medical concerns, those concerns should be discussed with a physician before using CFDC services and/or facilities.
SEVERABILITY
The provisions of this Agreement are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. CFDC's failure to enforce any remedy or provision in this Agreement shall not be construed as a waiver of such remedy or provision.
GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Texas with jurisdiction and venue deemed proper in Dallas County.
INTEGRATION - ENTIRE AGREEMENT
This Agreement constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Agreement may be modified only by an instrument in writing signed by all parties.
MEMBERSHIPS
1. The minimum age for membership is 18 years old. Parental consent is required in writing for children 12-17. Children under the age of 12 taking part in any of CFDC’s services must be accompanied by his or her parent(s).
2. All persons taking part in services rendered by CFDC must sign our Liability Waiver prior to participation, including non-members who are guests or visitors to our facilities. Any member, guest, or visitor under the age of 18 must their parent(s) or legal guardian complete our Liability Waiver prior to participation.
3. Membership is non-transferable, non-assignable, and non-salable. Assignment of your membership to another person(s) may only be granted to individuals in your immediate family with approval by CFDC. Any other such attempt to transfer, assign, or sell your membership is void and will not be honored by CFDC.
4. Membership herein refers to any free trial class pass, drop-in pass, multi-class package, recurring plan, or prepaid plan sold or otherwise assigned to you by CFDC.
5. Visitors to CFDC facilities utilizing our services or facilities during events, seminars, or other courses, are required to sign our Liability Waiver unless otherwise authorized by CFDC prior to participation.
ENROLLMENT
1. Memberships currently offered are billed on a daily, monthly, or yearly cycle, depending on the membership you agree to. All invoices are processed on the first of each month with the exception of day use passes.
2. Passes are purchased in full with an expiry date, and the frequency of usage of these passes are determined by the member. Any unused passes past the expiry date of the pass plan do not roll over, and new passes must be purchased in order to participate in the services associated with the pass.
3. Recurring membership plans are offered on a monthly basis and are invoiced on the first day of each month until cancellation of plan is determined by member or in the case of default, CFDC. The first month’s invoice is offered pro rata and the cost of your plans initial month is determined by the number of days left to attend CFDC from the date the plan is purchased.
4. Prepaid plans are offered in 3, 6, and 12 month packages. The billing date of your plan is determined by the starting date of the plan, and no pro rata payment will apply to this membership.
5. All recurring and prepaid memberships have a New Member Enrollment fee attached to the first payment of any plan. This fee is non-waiverable unless otherwise agreed upon by CFDC.
6. All invoices and bills include a 3% electronic processing fee and is non-waiverable.
7. Payment for any pass, recurring plan, or prepaid plan is due on the starting date of the membership, and participation in any service offered by CFDC may not be attended until on or after the start date of your membership.
8. CFDC will make no additional charges to any account in good standing without proper notification, and any additional fees or bills invoiced without notice or otherwise in error will be refunded to you within a 30 day period from the date of the fee or bill in error.
9. In the event your membership is overdue, unpaid, or otherwise in error, you CFDC will make appropriate charges to bring your account up to date and in good standing. Failure to maintain the proper bill due schedule may result in the termination of your membership from CFDC.
HOLDS
1. You are allowed to put your membership on hold for a period no less than 30 days and no more than 90 days on an annual basis.
2. Accumulated holds may not exceed 90 days on a rolling 12 month basis. We calculate this by determining 12 months out from your very first hold request, and any will not honor any hold requests that exceed 90 days accumulated during that period. Any holds that exceed 90 days will be processed as cancellations and subject to any cancellation fee unless otherwise waived by CFDC.
3. There is $19.97 processing fee to stop payment during any hold period.
4. All holds on memberships are subject to the above mentioned rules and regulations unless otherwise agreed upon by CFDC.
CANCELLATIONS
1. Passes are not cancellable.
2. Monthly recurring plans are cancellable with a written request via the Cancellation Form on TrainCFDC.com is submitted between the 1st and the 15th of the month, in which case we will cancel your membership to prevent further billing. A cancellation processing fee is attached to your last invoice and no further collection will occur from CFDC. Cancellation forms submitted after the 15th of each month will roll over past your next billing date, in which case you will be assessed your next month’s membership dues. CFDC will not process any cancellation without submission of our written cancellation form.
3. Prepaid memberships (on a 3, 6, or 12 month plan) are cancellable within the first 10 days of your bill via submission of our cancellation form on TrainCFDC.com. Forms submitted past the 10 day grace period will not be accepted in order to cancel. Cancellation within this time period and abiding by this policy will include a reversal of paid amounts towards membership fees.
4. Circumstances requiring immediate cancellation, waiving of cancellation fees, or reversal of funds due to death or disability or otherwise emergent situations may be processed without penalty or associated fees only by written agreement between the member or his/her estate and CFDC.
REFUNDS
1. Except in the instance of billing or clerical errors, CFDC will offer no refunds on passes, recurring memberships, or any event, seminar, or course hosted by CFDC. Refunds for prepaid memberships may only be issued if a cancellation request in writing has been submitted within the first 10 days after the start of your billing date.
2. Refunds may only be issued to the same type of payment method provided for the initial charge. Refunds to credit card invoices may only be refunded to credit cards, etc. CFDC cannot offer cash or check refunds for any service rendered.
3. To request a refund that you believe is due to error on the behest of CFDC, please submit in writing your request. If the refund is valid in accordance with the rules listed above, CFDC will process the charge reversal within 15 days of the request. All refunds include the whole amount of the original charge minus any processing fees associated with the invoice.
CREDITS
1. CFDC will allow crediting of excess membership fees due to overpayment, change to membership type wherein the cost of new membership type is lower than the owed amount of your current membership type, or in the instance a membership fee has gone unused and does not fall under the terms and conditions agreed upon for cancellations and refunds.
2. In the case you are issued a credit, your account balance will reflect any outstanding and future amounts owed, and the amount of credit usable for future purchases.
3. Account credit may be used on any service provided by CFDC not including retail purchases or third party events, seminars, or courses.
4. Account credit does not roll over and cannot exceed $3,000 on an annual basis. On a 12 month rolling calendar, any credit not used will be removed from your account or applied to any outstanding balances that have not been resolved within the same 12 month time frame.
TERMINATION OF MEMBERSHIP
1. CFDC reserves the right to terminate your membership at any time in response, but not limited to, the following reasons, and is not subject to alteration or exception:
(a) member fails to make timely payments or resolve any outstanding membership fees associated with their current or past outstanding membership agreement
(b) member fails to follow the membership rules and regulations provided and agreed upon in these Terms and Conditions
(c) member’s conduct is improper or harmful to the best interests of CrossFit Dallas Central or its members
2. CFDC reserves the right to terminate any membership for any reason not identified in these Terms and Conditions that is not prohibited by law.
3. Cause for termination is effective on the date CFDC gives written notice to member on any contact method listed in their member profile or Liability Waiver.
4. Any terminated member will remain financially responsible for al dues and charges incurred until the date of termination.
5. If your membership is terminated due to non-payment or outstanding fees owed, CFDC will cancel your current membership plan effective on the date of it’s termination. Any future enrollment into any pass, recurring, or prepaid plan offered by CFDC is subject to the same New Athlete Enrollment fee and associated processing fees and is not waiverable unless agreed upon by CFDC.
PREMISES RULES
1. Members are entitled to use facilities and services during hours of usage associated but not limited to services provided. Members are not allowed to use CFDC facilities and equipment unsupervised unless authorized by CFDC. Hours of usage are subject to change without notification.
2. Occasionally, CFDC provides services offsite and in such instances all rules, regulations, and requirements are enforceable under the same rules, regulations, and requirements applicable to services on CFDC owed or managed facilities.
3. CFDC may temporarily take facilities or equipment out of operation for reasonable repairs, modifications, substitutions, or improvements. CFDC reserves the right to make changes to the type or quantity of classes or equipment offered.
4. This facility is closed at the end of each day with all its equipment properly organized and returned to its appropriate storage area. Accordingly, members are expected to maintain this state of organization in the facility during the course of their workout. If you are unclear as to the level of organization we require, ask our staff.
5. Abuse of our equipment or fixtures, fighting, loud or obnoxious behavior, and disrespectful behavior toward our staff or members are all grounds for immediate membership suspension and/or termination.
6. If you become engaged in an argument or physical altercation with another person in this facility (including our staff), your membership will be immediately suspended and/or terminated and you will be required to leave the premises. If the staff of this facility deems it necessary to call the police to facilitate your removal, you will be permanently barred from our facilities.
7. Members and non-members using this facility are responsible for observing all policies, rules and regulations, which may govern other services offered by us.
8. CFDC and it’s staff are not responsible for personal property left on, or stolen from, our premises.
9. No smoking, drugs, or loitering are allowed on any of our premise(s).
10. Weapons including, but not limited to, personal defense weapons are not allowed on any CFDC premises unless proper licensing and certifications are provided and approved by CFDC. This includes concealed carry firearms and other such weaponry. CFDC reserves the right to require you to remove any firearm or other weaponry at it’s discretion.
11. I agree to allow CFDC, it’s agents, offers, principles, employees, and volunteers to use any and all picture(s), film, and/or likeness of me for advertising and teaching purposes. I also acknowledge that there are video cameras on CFDC premises and facilities and I may be filmed and recorded for security and safety purposes. I consent to CFDC the filming and record of me.
PHYSICAL CONDITION AND LIMITATIONS AND NO MEDICAL ADVICE
1. I hereby certify that I have no medical problems that would increase my risk of illness and/or injury as a result of participation in any service provided by CFDC.
2. I acknowledge that any advice concerning my health or physical condition is not medical advice, but the sole opinion of CFDC and it’s staff and employees, and any action taken my a member in response to these opinions is not considered medical advice. If a member has any medical concerns, those concerns should be discussed with a physician before using CFDC services and/or facilities.
SEVERABILITY
The provisions of this Agreement are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. CFDC's failure to enforce any remedy or provision in this Agreement shall not be construed as a waiver of such remedy or provision.
GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Texas with jurisdiction and venue deemed proper in Dallas County.
INTEGRATION - ENTIRE AGREEMENT
This Agreement constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Agreement may be modified only by an instrument in writing signed by all parties.