Calvert CrossFit located at 2192 S Solomons Island Rd, Suite 2, Prince Frederick, MD 20678
Calvert CrossFit North located at 10735 Town Center Blvd #10, Dunkirk, MD 20754
CrossFit Lakas located at: 43915 Commerce Ave Unit 5/6, Hollywood, MD 20636
Iron Foundry Athletics located at 2192 S Solomons Island Rd, Suite 3, Prince Frederick, MD 20678
"Member,” "you” or "your” mean the person signing the above listed facilities Membership Contract (hereinafter "Agreement”).
"The above listed facilities” means Calvert CrossFit, Calvert CrossFit North, CrossFit Lakas and Iron Foundry Athletics.
Your "Assigned Commitment” is the monthly commitment, training package, punch card, seminar, course, or any other plan or pass you just selected in the online customer management software. Your Assigned Commitment is good for the duration that the membership is active. This membership is good at all of the above listed facilities.
All fees and schedules are subject to change without notice. You will be notified thirty (30) days prior to the end of your contract term of any adjustment or increase of dues. The members’ credit card will be charged on the first of every month.
All membership packages rate are per calendar month, paid monthly. All new members wishing to renew their membership contract at the end of their Fundamentals/On-Ramp Program will have the option to do so prior to the last day of class. All new memberships will be pro-rated if signed up after the 1st of the month. The pro-rated month is an addition to the above membership option.
Your Assigned Commitment allows you to participate in the Assigned Commitment’s class or course offered at all of the above listed facilities. It does not grant you access to any class, seminar or specialty class outside the scope of this Assigned Commitment that all of the above listed facilities may offer.
After your Assigned Commitment is complete, your membership will auto-renew automatically every month on the billing date, on a month-to-month basis. After your Assigned Commitment is complete, should you choose to cancel your membership, you must notify all of the above listed facilities by email to firstname.lastname@example.org 30 days before your next billing date.
If, after you agree to your Assigned Commitment, you wish to lengthen your commitment, you may do so. A new commitment requires a new contract. (For example, if a member’s initial Agreed Commitment is for three months, and in month two the member wants to commit for one year, the member will be required to sign a twelve-month contract. Month-to-month billing would commence after the twelve-month commitment is complete.)
Membership Hold Policy For The Above Facilities
If you will be absent from all of the above listed facilities for more than 30 consecutive days, you may request that your membership be placed on hold for circumstances such as injury, illness, work-required travel, and job loss. You may be required to show proof of the hold-request circumstances satisfactory to all of the above listed facilities. You must provide such proof, if requested, to any of the above listed facilities no later than three business days before your next billing date to avoid being charged. Membership holds will be granted at the sole discretion of the owner(s) for each above listed location. Members may put their membership on hold, in one calendar month increments, for up to three calendar months per year for a fee of $25 per freeze request. This freeze charge will not be collected in the event of a disability as described in the Notice of Consumer Rights section. Notice of freeze must be given by email no later than three business days before your next billing date.
Placing your membership on hold means that you will not have access to all of the above listed facilities for the duration of the hold and you will not be billed for the duration of the hold. Your Assigned Commitment will be suspended for the duration of the hold and will resume when the hold terminates. (For example, a member with a twelve-month Assigned Commitment asks for and is granted a one-month membership hold before month ten begins. When the hold terminates, she will have three months remaining to complete her Assigned Commitment.)
STATE OF MARYLAND BUYER'S NOTICE OF CONSUMER RIGHTS
Our business’ registration number with the State’s Consumer Protection Division is E3871. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months’ payment in advance or charge initiation fees over $200. If any of the facilities are closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund. If the closing is not the fault of the business, we are entitled to choose. You have the right to cancel this contract within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the contract. Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so that we are not holding more than three months’ payment in advance. This notice is an integral part of the application and contract for membership.
Cancelation Policy For The Above Facilities
In addition to the State of Maryland Buyer’s Rights to Cancel, identified above, you may cancel the remainder of your Assigned Commitment without penalty if you move more than 25 miles from any of the above listed facilities. You must show proof of the move satisfactory to any owner(s) or designated staff (for example, by a lease, utility bill, title to a house, or military orders).
If you cancel your membership for any reason, you lose all rights and benefits associated with your Assigned Commitment, including the price of your monthly payment. A member may cancel his/her membership at any time. The member will be charged a cancellation fee of 25% of their remaining contract. For example, if your membership is for 12 months and after month 5 you choose to cancel your membership, you will be responsible for paying 25% of the remaining 7 months left on your contract.
Any member who suffers physical disability that will prevent him or her from using the facility for more than six (6) months will not be charged a cancellation fee as long as the cancellation is accompanied by a doctor’s note documenting the injury and prognosis. Members may cancel memberships by notifying email@example.com prior to the first day of the month to be cancelled.
Billing Information and Failed Payments
If your billing information is becoming or becomes invalid (for example, your credit card is expiring or you cancel the card number you entered initially), you must promptly update your billing information in the online customer management software at least five days before your next billing date.
If the billing information (for example, ACH withdrawal information or credit card number) you entered is incorrect or becomes incorrect and your monthly payment fails, the above listed facilities will notify you of such failure by e-mail. If you do not correct your billing information within 10 calendar days of the e-mailed notice, you will be charged $30 for any late payment/ declined credit card fee. You will remain liable for your monthly membership payment in addition to these fees.
NOTICE FOR COLLECTIONS
Any of the above listed facilities reserves the right to send any membership, commitment, fees, or any contracted purchase to collections if the account is 30 days past due. The above listed facilities will contact the member once via e-mail to resolve the payment issue. If the member does not promptly pay the amount owed, the total amount due for the member’s remaining Assigned Commitment plus any additional fees may be sent to a collection agency for collection. If such action is necessary, you agree to pay all costs incurred by any of the above listed facilities for collection, including reasonable attorneys’ fees.
Resolution of Complaints: If you have a complaint regarding your membership or anything else at any of the above facilities, please bring that complaint to the owner (s) or designated person’s attention. The Office of the Attorney General Office regulates the above listed facilities as a health club in the State of Maryland pursuant to the provisions of the Maryland Health Club Act.
Mediation: All claims, disputes and other matters in question between a Member and any of the above listed facilities with an amount in controversy less than $5,000 shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Unless agreed upon by the parties, the mediator shall be selected by the Alternative Dispute Resolution Section of either Calvert or Saint Mary’s County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate resolution of any claim, dispute, or other matter in question.
Governing Law and Waiver of Jury Trial. This Agreement shall be subject to and governed by the laws of the State of Maryland irrespective of the choice of law rules in the state of execution of the Agreement. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the state or federal courts of the State of Maryland. Any litigation relating to this Agreement, brought by Member shall be commenced and maintained only in a federal or Maryland state court whose boundaries include Calvert and/or Saint Mary’s County, Maryland. Member consents to personal jurisdiction and venue in any such court. Member acknowledges that any violation of this Agreement may subject the above listed facilities to irreparable injury not fully compensable in monetary damages, and that in the event of such a violation, the above listed facilities shall be entitled to preliminary and/or permanent injunctive relief. Member further consents to court enforcement of the specific language of this Agreement. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.
Attire: Appropriate footwear is highly recommended and required to train as a member at any of the above facilities. Any barefoot lifting or running must be approved by the coach of the particular class and the management, and will be evaluated on a strict case by case basis. The above listed facilities are not liable for any harm or injury due to deviations in the recommended standard of footwear.
Smoking, Food and Drink: No smoking is allowed in any part of the facilities. Food or drink may be taken into workout areas if it is non-breakable, enclosed containers.
Damages: Members shall pay for any damages to property which results from the willful or negligent conduct of member, member’s guest or dependent children
Conduct: The above listed facilities is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The above listed facilities have the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
Any holder of this contract or note is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
This agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this agreement. The provisions of this agreement may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties.
This club is not permitted, pursuant to the Maryland health club act, to accept any initiation fee in excess of $200 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance.
Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed the Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise of guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.