LAZY S FITNESS MEMBERSHIP AGREEMENT
PLEASE READ THIS LAZY S FITNESS (“Lazy S”) MEMBERSHIP AGREEMENT (“Agreement”) CAREFULLY BEFORE REGISTERING FOR A LAZY S FITNESS PROGRAM BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU (“you” or “your”) AND LAZY S FITNESS. BY ELECTRONICALLY SIGNING OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOUR ACCESS, USE, REGISTRATION, OR PARTICIPATION IN/WITH THE PROGRAM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
LAZY S FITNESS PROGRAM:
- Your membership is for a minimum monthly commitment depending on the level of membership selected as indicated at the bottom of this Agreement.
- Your membership will be charged on the same day each month; at current membership pricing, less any applicable discounts, and as later adjusted or increased in accordance with this Agreement (“Monthly Membership Fee”). The first monthly charge will occur on the date of your enrollment.
- At the end of your minimum commitment period, your membership will AUTOMATICALLY RENEW on a month-to-month basis if you do not cancel according to these terms.
- If your account is in good financial standing you may be eligible to suspend (or “Freeze”) your Monthly Membership Fee in exchange for a small administrative fee, with such fee set by Lazy S periodically. This “Freeze” period enables your membership to retain its points and status, but you will not be able to attend workouts during a Freeze month. Freeze months do not count toward your membership minimum commitment.
- As part of your membership, you may be eligible to earn “loyalty points” redeemable for certain Lazy S Fitness products or services. These points can not be redeemed for cash, or transferred to another member’s account; and are deleted when your membership ends for any reason.
- Additional description of the Lazy S Fitness program are available at lazysfitness.com
ADDITIONAL TERMS AND CONDITIONS
- Representations. You represent, warrant and covenant to Lazy S Fitness that: (a) you are a natural person and of eighteen (18) years of age or older; (b) you have read and understand this Agreement; (c) you have full right and authority to enter into and abide by this Agreement; (d) you understand and acknowledge that by accepting this Agreement, that you are giving up certain legal rights and remedies; (e) Lazy S Fitness is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this agreement; and (f) all information you provide to Lazy S Fitness is truthful and accurate.
- Membership. Lazy S Fitness has the right to alter the times and locations of the studio’s operation, and to offer to third parties at different rates and terms than offered to or accepted by you. This does not include any other Lazy S Fitness add-on services, as those must be purchased separately (e.g., Lazy S Fitness products, services, and events made available from time to time).
- Effective Date. The Effective date of this agreement is the date you register for Lazy S Fitness .
- No Refunds. All sales are final, irrevocable and not subject to or eligible for refund or return.
- Automatic Renewal; Cancellation. Your Program membership will AUTOMATICALLY RENEW on a month-to-month basis and you will be charged the then-current Monthly Program Fee rate for your membership, unless you timely cancel your membership. To cancel your membership, contact our Customer Support Team by email Support@lazysfitness.com or by text at 806.316.3441 then follow and complete the cancellation steps provided by them at least seven (7) days before the expiration of your next monthly billing date. No cancellation prior to fulfillment of your minimum commitment period is permitted. You must complete ALL steps in the cancellation process to cancel.
- Payments. Your initial payment will either be the date this agreement is signed. You authorize Lazy S Fitness and its third-party payment processing vendor(s) to charge your Monthly Fee and other agreed upon amounts under this Agreement to the credit card, debit card or other payment method you provide to Lazy S Fitness and/or associate with your User Account; and you agree that you are responsible for the timely payment of all such amounts that accrue. YOU WAIVE ALL CLAIMS AGAINST LAZY S FITNESS AND ITS AFFILIATES, EMPLOYEES, AGENTS, VENDORS, AND CONTRACTORS FOR ANY UNAUTHORIZED PAYMENTS MADE, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED. You are solely responsible for monitoring your bank and credit card statements and notifying your bank or other provider in a timely manner of any erroneous charge that appears on your statements.
- Fee Increases; Taxes; Default Charges. Lazy S Fitness has the right to increase your membership fee amount during your minimum commitment period as a result of expiring discounts such as a corporate discount or spouse discount; additionally, beyond the minimum commitment period your membership is subject to increases in price as may be determined by Lazy S Fitness from time to time. Lazy S Fitness has the right to charge you for, and you shall pay, any and all taxes imposed by the applicable taxing authorities for your membership or any other purchases made from Lazy S Fitness. You are ultimately responsible for paying any applicable taxes for your membership. You shall pay late charges, collection costs, and legal expenses (including, without limitation, costs and reasonable outside attorney fees), that Lazy S Fitness incurs or assesses to collect any unpaid amounts you may owe, plus interest at the maximum allowable rate. Regardless of your choice to accept Lazy S Fitness’s electronic communications policy as further described below, you agree that Lazy S Fitness or third-party vendors may contact you by phone, including by mobile phone, to settle financial balances or debts between you and Lazy S Fitness.
- Refusal; Termination. Lazy S Fitness may refuse its products and services to you (including, without limitation, terminating your User Account and membership) without notice, recourse, refund, or return to you if (a) if you are or Lazy S Fitness suspects that you are, in any way involved in fraudulent or illegal activity; (b) if Lazy S Fitness believes you are disruptive, disorderly, loud, harassing, abusive or a safety risk of/to Lazy S Fitness, its customers, or their property; (c) if you violate any rules or policies; (d) if you have outstanding debt with Lazy S Fitness; or (d) if you breach this Agreement.
- Contacting Lazy S Fitness. Any notification of account changes must be received at least seven (7) days before your account billing date. Contact our Support Team by email Support@lazysfitness.com or by phone/text at 806.316.3441.
- General Disclaimer and Waiver.YOU HEREBY VOLUNTARILY GIVE YOUR FULL INFORMED CONSENT TO USE AND PARTICIPATE IN A LAZY S FITNESS PROGRAM AND CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS AND REQUIREMENTS ASSOCIATED WITH , WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, THE FACT THAT LAZY S FITNESS IS A CHALLENGING FITNESS PROGRAM THAT MAY INVOLVE VIGOROUS WORKOUTS, OBSTACLE COURSE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS ACTIVITIES, THAT LAZY S FITNESS MAY POSITIVELY OR NEGATIVELY AFFECT OR CHANGE YOUR HEALTH AND WELLNESS, AND THAT LAZY S FITNESS IS INTENDED ONLY FOR HEALTHY INDIVIDUALS). YOU ALSO REPRESENT AND WARRANT TO LAZY S FITNESS THAT YOU HAVE CONDUCTED A THOROUGH INVESTIGATION OF LAZY S FITNESS ; YOU HAVE CONSULTED WITH AN INDEPENDENT, LICENSED, MEDICAL PROFESSIONAL WHO IS FAMILIAR WITH YOUR MEDICAL HISTORY AND CONDITIONS ABOUT YOUR ABILITY TO PARTICIPATE IN LAZY S FITNESS ; AND YOU WILL NOT PARTICIPATE IN LAZY S FITNESS IN A MANNER THAT MAY INJURE OR AFFECT THE SAFETY OF YOU OR OTHERS. YOU WAIVE ANY AND ALL CLAIMS AGAINST LAZY S FITNESS AND ITS AFFILIATES, AGENTS, EMPLOYEES, VENDORS, AND CONTRACTORS, WHETHER KNOWN OR UNKNOWN NOW OR IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY THAT MAY RESULT FROM YOUR PARTICIPATION IN LAZY S FITNESS .
- Disclaimer of Property Liability.LAZY S FITNESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND LAZY S FITNESS’S LOCATIONS OR DURING YOUR PARTICIPATION IN LAZY S FITNESS SESSIONS, INCLUDING, WITHOUT LIMITATION, ANY BAGS, VEHICLES, OR THEIR CONTENTS.
- Electronic Communications Consent; Opt-Out. You hereby acknowledge and reaffirm your express consent in the Standard Terms to Lazy S Fitness sending or otherwise communicating with you for any purpose via any electronic means or forms as Lazy S Fitness deems appropriate in its sole discretion, whether through the CampGladiator.com website, through the Lazy S Fitness mobile app, through your User Account, by personal communication to by e-mail, by online social media, or by other electronic media means or forms. You are not required to acknowledge and reaffirm the foregoing consent as a condition for purchase or license of any Lazy S Fitness products or services. You may indicate your opt-out of these electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.
- Law and Forum. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas. Both you and Lazy S Fitness irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Randall County, Texas for the resolution of all disputes, controversies, and claims arising from or about this Agreement, Lazy S Fitness, your User Account, and/or their relationship (whether grounded in contract, tort, statute, law, or equity).
- Miscellaneous. This Agreement, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), constitutes the entire agreement and understanding between you and Lazy S Fitness with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between you and Lazy S Fitness with respect to such subject matter; cannot be modified except in writing signed by both you and Lazy S Fitness (or their respective successors, assigns, or transferees); and shall inure to the benefit of and be binding upon you, Lazy S Fitness, and their respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Agreement.
- LAST MODIFIED This standard Lazy S Fitness Membership Agreement was last modified on September 1, 2019.
KEY AGREEMENT REMINDERS:
- COMMITMENT: Your Membership is for a minimum of 1 month. After 1 months your membership will continue monthly unless you cancel as described in the full terms above.
- FREEZE: Not Applicable for Month to Month Agreements.
MEMBERSHIP LEVEL PURCHASED:
Lazy S Fitness $189 PER MONTH, ACCORDING TO THE FULL TERMS DESCRIBED IN THE AGREEMENT