TERMS AND CONDITIONS
Hybrid Fitness, LLC reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the bottom of these Terms.
OUR COMPANY INFORMATION
We, HYBRID FITNESS, LLC are a company registered in the State of Wisconsin. We operate the websites www.hybridathleticclub.com and www.hybridfitness.org
Our Site is only intended for use by people residing in the United States of America (Serviced States and Counties). We do not accept orders from individuals outside the Serviced Area in the State of Wisconsin.
By placing an order through our Site, you warrant that: You are legally capable of entering into binding contracts; and You are at least 18 years old; and You are resident of the State of Wisconsin.
After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order. All membership orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The membership contract between us (Contract) will only be formed when we send you the Confirmation.
The Contract will relate only to those Plans that we have confirmed in the Confirmation.
Client agrees that membership will begin at confirmed date.
GYM MEMBERSHIP TERMS
- Conditions of Membership:
Membership is open to any individual without regard to race, sex, ethnic background, or religion. Member shall be at least 18 years of age or, if under the age of 18, Member’s parent or guardian shall sign this Membership agreement on behalf of the minor Member. Except for the foregoing, Hybrid Fitness, LLC. reserves the right, at its sole discretion, to approve, disapprove, reject, or terminate any Member or Membership Agreement for any reason not inconsistent with this Membership Agreement. Members shall, at all times, be subject to any and all rules and regulations now existing or hereafter promulgated by Hybrid Fitness, LLC.
- Membership Dues/Payment:
Membership dues are stated in the store checkout. Member will receive a confirmation of the membership once accepted by Hybrid Fitness, LLC. The Method of payment shall be by card for online transactions.. A $25.00 fee shall be charged to Member for all returned checks and/or declined credit card payments. All Membership Dues are to be paid as described in store checkout and shall be payable by the 1st of each month if monthly payments are selected or the entire amount is due prior to the effective date of this Membership Agreement if Member pays for the full year in advance. If any Membership Dues are past due after five (5) days from the date due, Member will be charged a $5.00 late fee. All past due accounts are subject to collection. Membership Dues may be prorated based on effective date of this Membership Agreement. Hybrid Fitness, LLC. reserves the right to modify or change Membership dues upon thirty (30) days written notice to Member.
- Right of Recision:
Member shall have a three (3) day right of recision after entering into this agreement. If member wishes to cancel or rescind this Agreement during the three day right of recision, Member must provide a written notice to Hybrid Fitness, LLC. within three (3) business days from the date this Membership Agreement is signed. Any such notice shall be mailed or hand-delivered to 2881 Commerce Park Drive, Suite A, Madison, WI 53719
GYM MEMBERSHIP Right to Cancel:
The Membership Agreement shall be in effect for the duration of the Membership term and shall not be cancelled after expiration of Member’s three (3) day right of to cancel as stated above, except for the following:
a. Member moves or relocates residence more than twenty-five (25) miles from Hybrid Fitness, LLC place of business;
b. Member becomes disabled or dies at any time during the Membership term;
c. Membership Agreement may be cancelled at Member’s discretion by providing thirty (30) days written notice to Hybrid Fitness, LLC. However, cancellation at Member’s discretion
shall not relieve Member from any payments due under this Membership Agreement and Member shall not be entitled to any refund for any sums paid in advance under this
Membership Agreement; and
d. Member receives a thirty (30) day written notice from Hybrid Fitness, LLC, that it is increasing Membership Dues. In such a case, Member shall have the right to notify Hybrid
Fitness, LLC, in writing within thirty (30) days of Members wish to cancel this Membership Agreement.
HYBRID HEALTH PLAN Right to Cancel:
The Hybrid Health Plan Agreement shall be in effect for the duration of the Hybrid Health Plan term and shall not be cancelled until expiration of member’s Agreement except for the following:
- Member becomes disabled or dies at any time during the Membership term.
- Member’s licensed physician states in writing that he/she cannot continue to the program by any means
THERE WILL BE NO REFUNDS GIVEN IN THE RESULT OF EARLY CANCELLATION!
Member may not sell or otherwise transfer the rights under this Membership Agreement without prior written consent and approval of Hybrid Fitness, LLC.
Hybrid Fitness, LLC. shall not be liable for the disappearance, loss, theft, or damages to Member’s personal property while the same is located, left, or stored at the facilities of Hybrid Fitness, LLC.
Membership is for listed Members only. Member shall not be entitled to bring any guests without prior approval of Hybrid Fitness, LLC. Guest approval shall be at the sole discretion of Hybrid Fitness, LLC.
- Entire Agreement/Application Law:
This Membership Agreement constitutes the entire agreement between the parties hereto. Any promise, representation, understanding, or verbal agreement pertaining directly or indirectly to this Membership agreement or Member’s use of Hybrid Fitness, LLC. facilities and equipment shall be void unless reduced to writing and signed by the Member and an authorized representative of Hybrid Fitness, LLC. This Membership Agreement shall be construed in accordance with the laws of the State of Wisconsin.
ASSUMPTION OF RISK
I understand the risk of injury from club activities and using any club equipment is significant, including the potential for permanent paralysis and death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK, both known and unknown. Member agrees and understands that the use of Hybrid Fitness, LLC, facilities, the equipment located therein and the activities performed by the member involve a dree of risk. Said risk may include physical injury and/or death. Member acknowledges that Member has read the Waiver of Liability form which shall be incorporated as thou fully set forth herein. Member acknowledges that member understands and agrees to the same and has had ample opportunity to review said Waiver, consult with Member’s attorney, and acknowledges that member is not required to said Waiver and has had the opportunity to freely bargain regarding the same. Member further acknowledges that other Membership Dues and/or charges may apply should Member choose not to sign said Waiver. Facilities and Equipment: member understands that as a result of repairs or maintenance the facilities and equipment, Hybrid Fitness, LLC may be required from time to time to temporarily restrict the use of the facilities and certain equipment and Member agrees that there shall be no reduction, suspension or abatement of any Membership Dues as a result of the same. Member further understands and agrees that the hours of operation, any class schedules, and available equipment are subject to change.
PRICE AND PAYMENT
The price of Membership and Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.
Membership and Product prices exclude applicable taxes. Taxes will be calculated in the cart at checkout.
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
PAYMENT AND BILLING INFORMATION
Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Discover, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
You are not permitted to resell or otherwise use the Membership or Products for commercial purposes.
Client understands that, upon receiving the Confirmation of the plan via e-mail, no refunds and returns will be allowed.
We warrant to you that any Membership or Products purchased from us through our Site will, on pick-up, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of a Membership or Products.
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
OUR RIGHT TO REVISION OF TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
LAW AND JURISDICTION
Contracts for the purchase of Membership Plans through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Wisconsin law, without respect to its conflict of laws provisions. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Wisconsin.
Last Updated: September 27, 2016