BARRE CLEVELAND, INC.
ROCKSTAR Elite Membership Contract Terms & Conditions
THE TERM OF THIS CONTRACT AGREEMENT IS SIX (6) MONTHS and will automatically renew, with no lapse between contracts, on a six-month term basis unless suspended, terminated or cancelled pursuant to the terms hereof. This agreement is designed to encourage and reward frequent attendance. By giving you the freedom to sculpt your body as much as you want it's the best way to make the most amount of CHANGE in your body.
NOTICE TO BUYER: DO NOT SIGN OR ELECTRONICALLY CONFIRM THIS AGREEMENT BEFORE YOU READ IT. Your electronic confirmation of this contract acknowledges that you have read, fully understand, and have access to a complete copy of this Agreement and the Barre Cleveland Studio Policies, and you agree to be legally bound by its terms and conditions. By accepting, you are obliged by law to adhere to the contract and recognize that the agreement will be enforced by law.
This Membership Contract Agreement (“Agreement”) is between Barre Cleveland, Inc. (“Studio”), and the undersigned buyer or electronically confirmed applicant (“Member”). The Studio provides instructional fitness classes (“Workouts”) to Members who have agreed to the terms of services set forth below. By signing and/or electronically confirming this Agreement, Member acknowledges that they have read the Studio Policies attached hereto and have received a complete copy of this Agreement. Member agrees to be bound by the provisions of this Agreement, the Studio Policies, as now in effect and as from time to time amended by the Studio, and such rules as may from time to time be posted at the Studio, all of which are incorporated by reference in this Agreement. Member's failure to meet the Agreement terms will give the Studio permission to take legal recourse.
1.1 INITIAL TERM. The term of this Agreement ("Term") shall commence upon the date executed by Member and shall continue for a period of six (6) consecutive months unless suspended, terminated or cancelled pursuant to the terms hereof.
1.2 RENEWAL TERMS. Following the initial term, this Agreement will automatically renew for successive six-month terms with no lapse between Agreements, unless terminated or cancelled pursuant to the terms hereof. The Studio may revise this Agreement at any time without notice by updating this posting. By using the services Member agrees to be bound by any such revisions and should therefore periodically visit Member’s online account to determine the version of this Agreement by which Member is bound.
2.1 ENTIRE PRINCIPLE SUM. By this Agreement and as consideration for membership, Member agrees to pay the Studio the total agreement value of $1,170.00
2.2 MONTHLY PAYMENT FEE. Member hereby agrees to distribute the entire principle sum and pay $195.00 per month (“Monthly Fee”) for a minimum of six (6) months, unless this Agreement is suspended, terminated or cancelled pursuant to the terms hereof. Member agrees to keep a record of when Monthly Fees are to be billed by the Studio. Member is solely responsible for ensuring timely payment of all Monthly Fees regardless of whether the Member receives any notice from the Studio. The Monthly Fee shall be due and owing whether or not Member avails herself of the services offered by the Studio. This payment schedule is enforceable by law, and the methods described below will be use in cases of delinquent payment. The Studio reserves the absolute right to increase the Monthly Fee after the expiration of this Agreement. The Monthly Fee cannot be prorated and there is no initial membership fee required. Not redeemable for cash. Cannot be combined with any other offer and cannot be transferred to another individual.
2.3 METHOD OF PAYMENT. The Monthly Fee will be charged to the debit/credit card on file as designated by Member. The Studio reserves the right to implement other programs for the collection of the Monthly Fee and other charges, and Member agrees to sign and deliver such further documents as may be necessary to set up the payment of the dues and other charges pursuant to this Agreement.
2.4 WORKOUT PENALTY FEES. The Studio objects to Member's No-Show, Late Arrival, Late Cancel and Early Departure conduct and consequently administers a penalty fee for these actions as part of Studio's client management protocols. It covers Member's failure to show up for a confirmed Workout, arrival after the start of a Workout, cancellation within two hours of a Workout, or departure of a Workout before the final stretch. There will be a $20.00 charge for each no show, late arrival and late cancel of BarreFit; $10.00 for an early departure. There will be a $35.00 charge for each no show, late arrival and late cancel of HotBarre, BarreBattle, BarreSprint and PowerBarre; $15.00 for an early departure. The Studio reserves the right to charge penalty fees to Members credit card under the Electronic Funds Transfer Authorization.
2.5 DELINQUENCY CHARGES. All unpaid balance for Monthly Fees, goods or services in arrears of three (3) days are subject to late fees, interest and/or a monthly service charge and may result in suspension or termination of Studio privileges or cancellation of this Agreement. There will be a $20.00 charge for each check or credit card that is not honored by the bank of financial institution. The Studio reserves the right to charge overdue balances and late fees to Member's credit card under the Electronic Funds Transfer Authorization. Member is obligated to pay any expenses incurred by the Studio for collection of past due amounts, including but not limited to legal fees and interest.
2.6 CREDIT CARD ON FILE AUTHORIZATION. I, the undersigned or electronically confirmed applicant and Member, hereby authorize Barre Cleveland, Inc to maintain my credit card payment information in their confidential files. My Agreement signature below authorizes the credit card information to be reviewed and fees to be charged against my credit card on file for all Company services and merchandise purchases, as well as any and all penalty fines. I certify that I am an authorized user of the credit card and that I will not dispute any Studio charges with my credit card company; so long as the transaction corresponds to the terms indicated in this Agreement. I also agree to pay the cost for any returned payment.
2.7 ELECTRONIC FUND TRANSFER AGREEMENT. I, the undersigned or electronically confirmed applicant and Member, authorize the applicable bank or credit card issuer to make payment to the Studio of the Monthly Fee, other authorized charges and all applicable late and penalty fees and as agreed and directed by me hereunder and pursuant to the terms of this Agreement. Payments will be deemed made to the Studio on the date charges are processed by the Studio. This payment authorization will remain in effect until such time, if any, that I provide the Studio with alternative payment information or this Agreement expires or is otherwise terminated. I understand that I must provide any change in credit card information at least fifteen (15) days prior to my billing date in order to charge the new account and prevent charges to the old account in the following month. I also hereby authorize the Studio to use my electronic payment information for purposes of collecting workout penalty fees, delinquency charges, past due balances, including but not limited to legal fees and interest, and late fees under this Agreement.
3.1 BENEFITS OF MEMBERSHIP. Member will have access to the Studio location during regular posted Studio hours. Member will have the right to participate in Workouts, instructional classes, offered by the Studio, subject to availability, and the ability to reserve spots in the classes online, subject to the Studio’s policies.
3.2 ADDITIONAL MEMBER BENEFITS. (a) Choice of two Barre Cleveland™ branded tank tops; (b) two pairs of Barre Cleveland™ grippy socks; (c) Six guest passes per 6-month contract period; (d) Priority class reservations; (e) Access to HotBarre, BarreBattle, BarreSprint and PowerBarre specialty workouts. Clothing is eligible for exchange of like item within 14 calendar days from original receipt date. Clothing items must be unwashed, unworn, unused, in saleable condition and in it's original packaging to be valid for exchange.
3.3 GUEST PASS GUIDELINES. Guest passes are not valid for cash or credit. Guest passes expire whether they are used or not and become invalid at the end the Agreement. Upon contract renewal Member will receive another six complimentary guest passes. Member has full ownership of the guest's class cancellation and accept the penalty (i.e. forfeiture of the guest pass) for any missed class, late cancel, or late arrival of the guest.
3.4 MEMBERSHIP LIMITATION. This Agreement is a contractual privilege to participate in Workouts and to use the facilities from time to time offered by the Studio during the Studio's hours of operation. The Studio reserves the absolute right to initiate, change or eliminate facilities, services and programs offered from time to time; and to change its hours of operation. The Agreement does not entitle Member to any interest in the Studio or its property and confers no right to participate in the management or operation of Studio.
3.5 CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF STUDIO. As a result of repair, maintenance, special occasion, public holiday, staff vacation, staff illness, or act of God, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Any reduction or suspension of membership fees during such time when the above-mentioned occurs will be at the discretion of the Studio. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, also at the Studio’s discretion.
3.6 LOYALTY REWARD POINTS PROGRAM. The Studio’s Loyalty Reward Point Program may be revised, supplemented, or amended at the sole discretion of the Studio, as deemed necessary for the proper management of the Program. The Studio reserves the absolute right to change the Reward Point Program at any time. Points are not redeemable for cash or credit; points are non-transferable. Member is required to pay-in-full with points when redeeming them. Points expire; Member can email the studio requesting current end dates.
4. STUDIO POLICIES. The Studio Policies attached hereto, and all signs, emails and other rules posted or distributed in the Studio shall be considered part of this Agreement. Policies may be revised, supplemented, or amended at the sole discretion of the Studio, as deemed necessary for the proper management of the Studio. The Studio reserves the absolute right to change the Studio Policies. THESE STUDIO POLICIES SHALL BE CONSIDERED A PART OF THIS AGREEMENT.
5. AGREEMENT DISSOLUTION.
5.1 NOTICE NOT TO RENEW. The minimum commitment for this Agreement is six (6) months. Member agrees to give advanced notice of the intention not to renew prior to the Agreement’s final Monthly Fee is withdrawn. Unless notified prior to the Agreement’s final Monthly Fee of the intent to non-renew, the Agreement will automatically renew for successive six-month terms with no lapse between Agreements. Member agrees to keep a record of when the Agreement term ends and the next Renewal Term date. Member is solely responsible for the timely non-renewal of this Agreement regardless of whether the Member receives any notice from the Studio.
5.2 COMMUNICATION OF NON-RENEWAL. Member’s notice of the intention not to renew the Agreement must be in writing, dated, and delivered within the applicable time limits set forth in this section. Although the law requires that such notice be sent via first class, registered or certified mail to Barre Cleveland, Inc., 3737 Park East Drive #209, Beachwood, OH 44122, the Studio waives its right to such methods of delivery and agrees to accept a valid cancellation notice via email addressed to firstname.lastname@example.org but only provided that Member receives a responsive email from the Studio confirming receipt of Member’s notice.
5.3 EARLY TERMINATION. Member’s failure to use the Studio facilities and services does not give Member the right to cancel the Agreement. Member may terminate the Agreement early for any of the following reasons: (a) If upon a doctor’s order, Member cannot physically receive the Services offered by the Studio because of significant physical disability; (b) If Member dies, Member’s estate shall be relieved of any further obligation for payment under the Agreement not then due and owing; and (c) If Member moves residence more than forty (40) miles from their current home address. Proof of doctor’s orders, a copy of the death certificate, or proof of residence change is required to activate an early termination.
5.4 REFUND POLICY. The Agreement is non-refundable. Until the Studio has been properly notified of the non-renewal or early termination of the Agreement in accordance with the terms of this section and all required payments have been made in accordance with the terms of this section, the Monthly Fee will continue to be charged to Member's account. Member’s failure to use the Studio facilities does not entitle Member to a refund hereunder nor does it give Member the right to cancel this Agreement.
5.5 CANCELLATION BY STUDIO. The Studio has the right to cancel this Agreement with immediate effect at any time for any violation of the Studio Policies or other rules of the Studio by notice to Member. The Studio has the further right to cancel this Agreement for any breach of this Agreement, including without limitation, in the event that Member fails to make any of the Monthly Fee payments required herein, abusive/aggressive client behavior, or for any other reason with or without cause. If the Studio cancels the Agreement hereunder, Member shall remain liable for any unpaid fees and other charges against Member’s account. In the event of a Cancellation by the Studio, time being of the essence hereof, the Studio asserts an acceleration covenant and may, without notice or demand, declare the entire principal sum then unpaid immediately due and payable. Member will not be entitled to a refund of any prepaid fee or any reward points following such cancellation.
6. AGREEMENT SUSPENSION.
6.1 SUSPENSION POLICY. The Studio's Agreement suspension policy ("Freeze") allows Member to temporarily suspend the Agreement and scheduled payments as outlined in section 6.2 and section 6.3. Open-ended Freeze dates are not permitted. Any Freeze taken will not count towards fulfillment of Member’s term under this Agreement, which will be extended accordingly. Member's monthly EFT schedule will be adjusted and the membership duration will be subsequently pushed out, giving both a revised Agreement EFT timetable and Agreement expiration date ("Revised Dates"). The Revised Dates will be updated once the Freeze is over and viewable via Member’s MindBody Online Account. If a purchase of single classes or class packages occurs, they may not be used during the Freeze periods. The ability to reserve classes during Freeze periods will be denied. Guest passes cannot be issued during Freeze periods. Workshop or any special event privileges are also suspended during Freeze periods.
6.2 MEDICAL FREEZE. Member may freeze the Agreement at any point for medical reasons provided Member is in accordance with the terms of this section, Member's account is in good standing, and Member has no outstanding balance. The duration of a medical Freeze will be determined by Member’s individual circumstances. If the Member is medically unable to use the Studio, Member must provide a doctor's letter that confirms the Member’s medical condition requires a suspension in physical activity and include Member’s return date to the Studio. Member's notice must be delivered via email addressed to email@example.com. The medical Freeze will not begin earlier than on the date the Studio receives your doctor's letter. Member is responsible for monitoring the Freeze dates. Member must secure a doctor's note and email it to the studio if Member is cleared to return early or needs to be out longer. Member's Agreement will unfreeze on the doctor-approved end date, and Member's payments will resume.
6.3 NON-MEDICAL FREEZE. Provided Member is in accordance with the terms of this section, Member’s account is in good standing, and Member has no outstanding balance, Member may apply for a non-medical Freeze. To be granted a non-medical Freeze, Member must apply in writing at least fourteen (14) days before the desired start date of the Freeze. Member’s notice must be delivered via email addressed to firstname.lastname@example.org. Freezes may not be applied retroactively, and will not begin until fourteen (14) days after such request is received and approved by the Studio. Member may freeze the Agreement for non-medical reasons one (1) time per six-month term for a maximum of eight (8) weeks, in the aggregate, during the six-month term. A Freeze period shall be for no less than seven (7) consecutive days.
7. NON-COMPETE CLAUSE. The Workout taught at the Studio is a valuable property right of the Studio. Member understands and specifically agree that the knowledge and training provided over the term of this Agreement will not be used in any business or capacity for a period of five (5) years after entering this Agreement and Member will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed at the Studio in any business within a fifty (50) mile radius of the Studio. Member agrees and warrants that neither Member nor anyone under Member’s guidance or control will engage in the instruction of exercise or any part thereof without the written consent or license of the Studio. Member acknowledges that engaging in the instruction of exercise or any part thereof without the written consent or license of Barre Cleveland, Inc. will be prosecuted to the fullest extent of the law.
8. HANDS-ON ASSIST CONSENT. Member understands that during the performance of her fitness training at the Studio physical touching and positioning of her body may be necessary to assess her muscular and bodily reactions to specific exercises, as well as to ensure Member is using proper technique and body alignment. By signing and/or electronically confirming this Agreement, Member expressly consents to the physical contact for the stated reasons above.
9. TRANSFERABILITY; SEVERABILITY. This Agreement is non-transferable and non-assignable. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.
10. COSTS AND ATTORNEY'S FEES. If any action, suit, arbitration or other proceeding is brought relating to the enforcement or interpretation of this Agreement, Member shall pay for all of the Studio's costs incurred therein and in all appeals or petitions there from, including, without limitation, court costs and reasonable attorney's fees.
11. MEMBER'S HEALTH WARRANTY. Member warrants and represents that Member is entitled to use the facilities of the Studio under the terms of the Agreement, have no disability, impairment, or ailment preventing Member from engaging in active or passive exercise, or that will be detrimental or adverse to Member’s health, safety, or physical condition if you do so engage or participate. Member acknowledges and agrees that: 1) the Studio will rely on the foregoing warranty in issuing the Membership; 2) the Studio shall have no obligation to perform a fitness assessment or similar testing to determine Member’s physical condition; 3) The Studio shall not be liable for any injury arising out of Member’s disability, impairment or ailment preventing Member from engaging in active or passive exercise, or that would be detrimental or adverse to Member’s health, safety or physical condition if Member does so engage or participate. Member should be aware of Member’s medical history and should consult with a physician prior to engaging in the Workout or continuing to exercise if a medical condition appears or appears to be developing.
12. LIABILITY AND WAIVER OF LIABILITY. Member shall be liable for any property damage and/or personal injury (caused by Member and/or Member’s guest) at the Studio or any activity or function operated, arranged or sponsored by the Studio. It shall be Member’s obligation to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Studio facilities, or participation in, activities operated, arranged or sponsored by the Studio either on or off of the Studio's premises by Member and/or Member’s guest shall be AT SUCH PERSON'S OWN RISK, and the Studio shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. Member individually, and on behalf of Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge the Studio, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
13. ENTIRE AGREEMENT AND MODIFICATION. This Agreement, when accepted by the Studio, will constitute the entire Agreement between Member and the Studio relative to Member’s membership. This Agreement sets forth and constitutes the entire Agreement and understanding of the parties with respect to the subject matter hereof. This Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. Member acknowledges that no other agreement exists between you and the Studio relative to your membership and that no representations, other than those set forth in this Agreement, have been made to Member to induce Member to make this Agreement. The Agreement with the Studio can be terminated only as set forth in this Agreement and can be modified only in a writing executed by a duly authorized representative of the Studio. Non-managerial employees are not authorized to make any independent agreement with Member on behalf of the Studio. Member further expressly agrees that the foregoing Agreement, including the Participation Requirements, Release, Waiver of Liability and Indemnification Agreement is intended to be as broad and inclusive as permitted by the laws of the state wherein the Studio operates, that it shall apply to any period of membership or any prior or subsequent membership period of Member’s or any dependent, and to any period during which Member or any dependents use Studio facilities.
CONTRACT CONFIRMATION. I, the Member, certify that I have access to this Agreement and Studio Policies and have read, understand and agree to them. I certify I have the authority to bind myself to this Agreement according to its terms and my Contract Confirmation is a binding agreement hereby formed between myself and the Studio. I understand I will not be able to attend classes or to book classes online until this Agreement has been fully executed and confirmed online via my electronic authorization. I hereby authorize the Studio to execute this Agreement online, on my behalf, to facilitate my ability to book classes online.
---- STUDIO POLICIES ----
1. CLASSROOM ETIQUETTE:
- Member is to arrive early to the studio. No class can be joined once instruction has begun.
- Member is to commit to staying for the entire length of the workout. Early departures are disruptive and viewed with disapproval.
- Specialty classes and workshops have different late cancellation policies and penalty fees. Please review posted requirements.
- We do not permit cell phones or any other personal item inside the studio room.
- Grippy socks must be worn during class. No bare feet, open toe socks, or shoes are permitted inside the Studio unless designated by the class format or instructor.
- For the enjoyment of others, please refrain from talking during class.
2. CLASS RESERVATIONS & PENALIZATION:
- Do not arrive at the studio without a confirmed workout reservation. The ability to reserve a workout closes sixty minutes before the workout start time. Barre Cleveland is not responsible for students being locked out.
- Member may reserve a spot in any class until that class is deemed "full" by the Studio in its sole discretion.
- Reservations may be cancelled without charge up to two hours prior to the beginning of class
- MISSED CLASS aka NO SHOW: If Member reserves a spot in a BarreFit class and does not attend, a fee of $20.00 will be charged to the credit/debit card on file; $35.00 for HotBarre, BarreBattle, BarreSprint and PowerBarre workshops.
- EARLY DEPARTURE: If Member attends a BarreFit class and leaves before the final stretch, a fee of $10.00 will be charged to the credit/debit card on file; $15.00 for HotBarre, BarreBattle, BarreSprint and PowerBarre workshops.
- LATE CANCEL: If Member reserves a spot in a BarreFit class and fails to timely cancel, a fee of $20.00 will be charged to the credit/debit card on file; $35.00 for HotBarre, BarreBattle, BarreSprint and PowerBarre workshops.
- LATE ARRIVAL: Barre Cleveland will refuse admission to those arriving after their scheduled class has begun. If Member reserves a spot in a BarreFit class and arrives after the scheduled class has begun, a fee of $20.00 will be charged to the credit/debit card on file; $35.00 for HotBarre, BarreBattle, BarreSprint and PowerBarre workshops.
- Private sessions must be paid in advance. Payment is forfeited in its entirety if you do not cancel 24 hours in advance.
- A minimum 2-hour notice via your Barre Cleveland online account or iPhone/Android app is required for cancellation of a HotBarre, BarreBattle, BarreSprint and PowerBarre workshop; 24-hours for a special event. $35.00 will be billed to Member for a late cancel, late arrival or missed workshop or special event
3. WAIT LIST RESPONSIBILITY:
- Member account will be updated when added to class from the wait list. Notification via email and/or text is also available per Member request. Our cancellation policy applies to all clients added to class from the wait list two (2) hours or more prior to the start of class. Member will not be added to a class from the wait list if there is less than two (2) hours before the class start time.
- If Member is on a wait list and no longer wishes to take a class, Member must remove name from the wait list as soon as possible via Member online account or the iPhone/Android apps to avoid the $20.00 penalty fee; $35.00 for workshops and special events.
- If Member is added to class from the wait list and is unable to attend, Member must cancel it before the two-hour penalty period to avoid the $20.00 penalty fee; $35.00 for workshops and special events
4. MAXIMUM CLASSES:
For health and safety guidelines Member may schedule/attend a maximum of two (2) workouts per day. Member must take each class in its entirety.
5. HOT BARRE, BARRE BATTLE, BARRE SPRINT & POWER BARRE WORKSHOPS:
The cost of HotBarre, BarreBattle, BarreSprint and PowerBarre workshops are included in Membership.
6. SPECIAL EVENTS:
The cost of special events are not included in Membership. All special events are an additional cost.
7. VALUABLES AND PERSONAL PROPERTY:
- Member should avoid bringing valuables onto Studio premises. Lockers are provided for securing personal belongings.
- Cell phones are NOT allowed in the studio and must be stored in one of our secure lockers. Member can leave cell phone with our front desk staff and they can notify Member if there is an emergency.
- The Studio shall not be liable for the loss of or theft of, or damage to, Member's personal property or the personal property of guests in the studio or parking facilities.
8. NO CHILDREN, NO PETS:
Children under the age of 14 and any animal may not be brought and left unattended in the studio while taking class. If class was reserved, a $20.00 missed class fee will apply if Member is unable to attend; $35.00 for a workshop or event.
9. STUDIO ACCESS:
Barre Cleveland opens 30 minutes prior to first class and closes 30 minutes after end of last class.
Member is held personally accountable for managing Member Workouts and Barre Cleveland online account. The Studio accepts no responsibility for problems that occur as a result of online service interruption, inability to access Member's online account or app for any reason, or user error. Member is solely responsible for any and all use of Member account.
11. ABUSIVE/AGGRESSIVE CLIENT BEHAVIOR:
Barre Cleveland is here to provide the best services possible but in doing so we will not tolerate abusive or aggressive behavior from Member. Such behavior by Member will not enhance our service but rather the contrary. Please treat our staff with kindness, courtesy and respect.
12. POLICIES, SCHEDULE, CLASSES AND STUDIO CLOSINGS ARE ALWAYS SUBJECT TO CHANGE.