YOUR AGREEMENT
Your electronic consent to these Terms and Conditions constitutes a written agreement (the “Agreement”) between you and the independently owned and operated BOX 219 GYM.
PARTIES TO THE AGREEMENT
STUDIO INFORMATION: BOX 219 LLC d/b/a BOX 219 GYM (“BOX 219 GYM,” “Company,” “we,” “our” or “us”), and its successors and assigns. BOX 219 LLC is an independently owned company.
STUDIO FOR USE: BOX 219 GYM, 7966 Wicker Ave., Saint John, IN 46373
SUMMARY OF MONTHLY MEMBERSHIP TERMS
• Your membership begins immediately upon first payment.
• Billing for your membership will begin the day BOX 219 GYM opens for business, or the day this agreement is signed (whichever occurs later) and will continue on the same day each month thereafter.
• Your membership will renew each month until you cancel with a 30-day advance written notice. Once you submit written notice of cancellation you will be billed for a final billing cycle.
SUMMARY OF CLASS PACKAGE TERMS
• Your Agreement will automatically expire once you have used all of your purchased classes, or when the term expires, whichever occurs first.
•You can start using your classes the day BOX 219 GYM opens for business, or the day your class package is purchased (whichever occurs later). If purchased prior to BOX 219 GYM opening for business, payment for your package will be processed the day of purchase, but the expiration term will not begin until the day the studio opens for business.
FREEZE POLICY
Members with a monthly membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $10 will be charged per month executed by the freeze request. Notice of intent to freeze one’s account must be submitted to BOX 219 GYM via email at info@box219gym.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon the end of freeze months.
CLASS BOOKINGS; LATE CANCEL POLICY
All members are allowed to attend one (1) class per day. You are responsible for managing your own reservations. If you are on a waitlist and get into another class and fail to remove yourself from the waitlist in the allowed time, you will incur a late cancel fee. To book a class, visit the BOX 219 GYM website or log into the BOX 219 app to reserve your spot on the desired date and time. All classes are subject to space availability. If you have reserved your spot in a class and fail to cancel at least 8 hours in advance of the scheduled start time, you will be charged a $10 Late Cancel Fee.
BUYER’S RIGHTS IN INDIANA
RESCISSION. You, the buyer, may cancel this Agreement at any time prior to midnight of the third (3rd) business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email or deliver a signed and dated notice that states that you, the buyer, are cancelling this Agreement, or words to similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to BOX 219 GYM, 7966 Wicker Ave., Saint John, IN 46373.Performance of the agreed-upon services will begin within 6 months after the date this Agreement is entered into. You may cancel this Agreement, and receive a refund for unused services, if the health studio fails to provide the specific facilities advertised or offered in writing by the time indicated. This contract will expire no later than three (3) years after it is executed.
CANCELLATION TERMS
CANCELLATION RIGHTS. After expiration of the 3-day rescission period, you may cancel this Agreement only if you qualify as follows:
(a) You are disabled or you die. If, by reason of death or disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A “disability” means a condition which precludes you from physically using the facilities, and your disability must be verified by a physician. BOX 219 GYM shall retain the value for services already provided prior to your death or the onset of disability.
(b) Permanent Relocation. If you permanently move more than 25 miles from your studio of enrollment, and BOX 219 GYM is unable to transfer your membership to a comparable studio within 25 miles of your new residence, payment on this agreement will be suspended upon acceptable written verification (cancellation request form) of the move received by the Company. BOX 219 GYM may charge a one-time “move fee” of $100; or, if more than half the life of the membership has expired, a “move fee” of $50.
(c) BOX 219 GYM moves more than five miles from the original location.
(d) BOX 219 GYM closes and your contract is not transferred to a similar facility within five miles.
(e) BOX 219 GYM eliminates or substantially reduces the scope of its facilities. If the BOX 219 GYM studio where you have a membership eliminates or substantially reduces the scope of its facilities that are described herein, in an advertisement relating to this specific location, or in a written offer, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. You may not cancel under this provision if BOX 219 GYM temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. You do not have a right to cancel under this provision because of changes to the type or quantity of classes or equipment offered by BOX 219 GYM, which changes are expressly permitted.
TERMINATION OF RECURRING DUES MEMBERSHIP. If you have a month-to-month membership, you may terminate this Agreement at any time by providing BOX 219 GYM with a 30-day advance written notice. There is no early termination fee for a month-to-month membership. Once BOX 219 GYM receives your written notice of cancellation, your membership will remain active until the expiration of your final billing cycle. REFUNDS. If you properly rescind or cancel your membership, BOX 219 GYM will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law. NOTICE. All notices under this Agreement may be delivered in person to the club, or sent via certified mail to BOX 219 GYM, 7966 Wicker Ave., Saint John, IN 46373.
RELEASE OF LIABILITY; DISPUTE RESOLUTION; CLASS ACTION WAIVER
BOX 219 LLC D/B/A BOX 219 GYM, URGES ALL MEMBERS TO OBTAIN A PHYSICAL EXAMINATION FROM THEIR PHYSICIAN PRIOR TO INITIATING ANY EXERCISE PROGRAM. BOX 219 LLC D/B/A BOX 219 GYM PROGRAMS ARE NOT DESIGNED FOR INDIVIDUALS WITH KNOWN HEART DISEASE WITH OR WITHOUT FUNCTIONAL IMPAIRMENT. IN RECOGNITION OF THE POSSIBLE DANGERS CONNECTED WITH ANY PHYSICAL ACTIVITY, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY CAUSE OF ACTION OF ANY KIND WHATSOEVER ARISING AS THE RESULT OF SUCH ACTIVITY FROM WHICH ANY LIABILITY MAY OR COULD ACCRUE TO BOX 219 LLC D/B/A BOX 219 GYM, ITS OFFICERS, AGENTS, EMPLOYEES, INSTRUCTORS OR ASSIGNS AND AGREES TO HOLD BOX 219 LLC D/B/A BOX 219 GYM HARMLESS THEREFROM.
DISPUTE RESOLUTION (U.S.). OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH BOX 219 LLC D/B/A BOX 219 GYM, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH BOX 219 LLC D/B/A BOX 219 GYM; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR CLUB OF ENROLLMENT. YOU AND BOX 219 LLC D/B/A BOX 219 GYM FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO BOX 219 LLC D/B/A BOX 219 GYM AT BOX 219 GYM, 7966 Wicker Ave., Saint John, IN 46373. WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY BOX 219 LLC IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
OTHER TERMS AND CONDITIONS
UNUSED CLASSES. Failure to use classes shall not be considered grounds for a refund. Classes not used during the term shall be considered forfeited.
CLASS CHANGES. BOX 219 GYM reserves the right to make changes to the type and quantity of classes, equipment and operating hours in its sole discretion, provided such changes do not materially diminish the services being offered. The availability of certain instructors cannot be guaranteed.
DRESS CODE. Proper athletic attire and footwear is required. BOX 219 GYM reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
MINIMUM AGE REQUIREMENT. The minimum age to participate in classes is thirteen (13) years old. Minors age thirteen (13) to fifteen (15) must be accompanied by an adult and all minors age thirteen (13) to seventeen (17) are required to receive a parent or legal guardian’s written consent prior to participating in any BOX 219 GYM activity.
LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a BOX 219 GYM facility. BOX 219 GYM shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.
DESCRIPTION OF SERVICES. BOX 219 GYM provides pre-scheduled group fitness classes in a studio that may include stationary bikes, rowing machines, heavy boxing bags, dumbbells, and various functional fitness equipment. The studio’s operating hours are as posted in the facility.
IMAGE AND AUDIO USE. You understand that while on BOX 219 GYM premises, your, or your minor child’s image and audio recording (including live or recorded video images), may be used or shown on the BOX 219 GYM website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images and audio.
ENTIRE AGREEMENT. Verbal agreements with a BOX 219 GYM employee will not be accepted as valid. Only this Agreement, and all rules and regulations posted at the studio or on the BOX 219 GYM website, as revised from time to time, constitute the entire and exclusive agreement between you and BOX 219 GYM, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this prepaid purchase.
INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
CONSENT TO CONTACT. You are giving BOX 219 LLC D/B/A BOX 219 GYM, and its authorized vendors, consent to contact you by email to the email address linked to your account, or by text message or telephone call at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and promotions that may be of interest to you. You may update your communication preferences, or revoke your consent to receiving promotional messages at any time. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of BOX 219 LLC D/B/A BOX 219 GYM and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
BOX 219 LLC 7966 Wicker Ave., Saint John, IN 46373 • 219.670.1919
