MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Bayside Body & Wellness, LLC, and you the member. Bayside Body & Wellness is a boutique fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered. Please review this Agreement thoroughly as it is a legal contract between Bayside Body & Wellness and all members. By using the services offered at Bayside Body & Wellness, members are agreeing to the terms of this Agreement.
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PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PAYMENT SUMMARY: Monthly memberships are paid in advance. They begin on the calendar date of which the membership was activated.
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PACKAGE PURCHASES: By purchasing a package from Bayside Body & Wellness, you agree to the Terms and Conditions in full. Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
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CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Bayside Body & Wellness account online. By placing a card on file, the cardholder and account holder gives permission to the Bayside Body & Wellness staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Bayside Body & Wellness, cancellation policy detailed above.
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AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Bayside Body & Wellness to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Bayside Body & Wellness will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. Bayside Body & Wellness may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Bayside Body & Wellness booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Bayside Body & Wellness cannot be held responsible for errors in processing due to expired or inaccurate information.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, until the membership dues paid in full.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Bayside Body & Wellness via email baysidebodywellness@gmail.com no less than seven (7) business days prior to the freeze date. Members who provide sufficient notice can be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
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BOOKING POLICIES AND CANCELLATIONS
RESERVING CLASSES: Clients may reserve and cancel class spots online through the Mindbody App, online via our website :baysidebodywellness.com or by calling Bayside Body & Wellness during normal business hours and confirming with studio staff.
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and Bayside Body & Wellness reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee of $10.00.
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CANCELLATIONS: Reservations may be canceled without penalty by canceling up to 12 hours prior to the class start time. This may be done online via client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once a class is canceled within this time, the class will be returned to the client’s account, and the client will not be charged the cancellation fee.
Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
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WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. Bayside Body & Wellness staff cannot move class slots for clients in classes that are completely full with wait lists.
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CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Bayside Body & Wellness written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be canceled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Bayside Body & Wellness, these payments must be made in full in order for the Membership Agreement to be considered canceled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be canceled, and Bayside Body & Wellness reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be canceled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Bayside Body & Wellness’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from Bayside Body & Wellness. The member shall provide proof of new residence.
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AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Bayside Body & Wellness and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Bayside Body & Wellness staff, you would be at physical risk participating in Bayside Body & Wellness Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Bayside Body & Wellness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Bayside Body & Wellness concerns and stating that Bayside Body & Wellness concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Bayside Body & Wellness, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Bayside Body & Wellness Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Bayside Body & Wellness Classes and Facilities, and should not be participating in any Classes.
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MISCELLANEOUS
CONDUCT/DAMAGES: Bayside Body & Wellness is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Bayside Body & Wellness’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Bayside Body & Wellness has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Bayside Body & Wellness property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Bayside Body & Wellness reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Bayside Body & Wellness.
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PHOTO/VIDEO RELEASE: You hereby grant Bayside Body & Wellness, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Bayside Body & Wellness and to use and publish these photos or videos in print and/or electronically. You agree that Bayside Body & Wellness may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth 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 canceling this Agreement, or words of 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 51130 DW Seaton, New Baltimore, MI 48047 OR BaysideBodayandWellness@gmail.com.