Waiver /Membership & Service Agreement
MEMBER HEREBY ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY MEMBER. MEMBER ACKNOWLEDGES ALL TERMS SET FORTH. Member understands that this Agreement is a month to month agreement. Member will be billed on the date of activation of the subsequent month for the full amount of their membership. On all subsequent months, Member will be charged on the original activation day of the month by Electronic Funds Transfer. Member must make arrangements with management should they prefer payment by other means.
1. CONSUMER'S RIGHT TO CANCELLATION:
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT. Additionally, without being subject to the cancellation fees outlined below, Member may cancel this agreement a) if, upon a doctor’s order, Member cannot physically or medically receive the services because of significant physical disability for a period in excess of three (3) months; b) if Member dies; c) if Member moves their residence or employment more than twenty five (25) miles from any health club operated by RayFit; or d) if the services of Burnin' By Ray, LLC. cease to be offered.
2. ADDITIONAL RIGHTS TO CANCELLATION:
Member may cancel this agreement at any time and for any reason, subject to the fees outlined below.
3. HOW TO CANCEL:
If Member seeks cancellation pursuant to a reason specified in § 1 of this Agreement, Member must send by certified mail return-receipt requested, or deliver in person, a written notice of their cancellation to Burnin' By Ray, LLC., 4 Church Street, Belmont, Massachusetts 02478. This notice must be accompanied with all contract forms, all membership cards, and other documents or evidence of membership and all evidence to support the reasons for your cancellation. Otherwise, Member must complete a cancellation form at a Burnin' By Ray, LLC. location.
4. CANCELLATION FEES:
If member seeks cancellation pursuant to § 1 of this Agreement, Burnin' By Ray, LLC. Member agrees that they will be billed an additional month of membership at the time the cancellation/termination form is completed in club. Member will have access to the club, and all services associated with membership until last day of final billed month. After cancellation, Member is no longer liable for any further obligation under a credit loan agreement which was executed to pay for all or part of the price of this Agreement. If member does not meet the criteria specified in § 1 of this Agreement, Burnin' By Ray, LLC. may retain any expenses incurred and all fees paid for the entire month after the month in which the Member’s cancellation form was executed.
5. MEMBER’S HEALTH WARRANTY:
Member certifies that they have consulted with a physician before starting any physical program and that they are healthy enough to perform physical activities. Member acknowledges and understands that the programs, classes and training sessions provided by Burnin' By Ray, LLC. may involve strenuous physical activity, including but not limited to muscle strength and endurance training, cardio vascular conditioning and training and other various fitness activities. Member affirms that Member is in good health and has no disability, impairment, injury, disease or ailment preventing or limiting him/her from engaging in active or passive exercise which would cause increased risk or injury or adverse health consequences as a result of any exercise. Member further certifies that Member understands that Burnin' By Ray, LLC. is not a health care or medical provider and that Burnin' By Ray, LLC. is not liable or responsible for any consequences of Member having read, used or relied upon any services made available by RayFit, including (without limitation) any advice, information, “Bod Pod” assessments, workouts, exercises, courses, classes, instructions, regimens, nutritional plans, recipes or other materials. Member hereby assumes all risks associated with using such Burnin' By Ray, LLC. courses and any equipment provided.
6. RULES, REGULATIONS, AND SCHEDULES:
Member agrees to abide by all the membership rules, regulations and schedules of Burnin' By Ray, LLC., which may be posted or issued orally, and which may be amended from time to time, at Management’s sole discretion.
Member and/or guests must register for classes online before attending. Walk-ins are welcome on an as available basis. Members that registered online take priority over walk-ins. Burnin' By Ray, LLC. cannot guarantee a spot in a class to a Member that has not registered online.
8. INDEPENDENT CONTRACTORS:
From time to time, Burnin' By Ray, LLC. may make available to Members and their guests the services of independent contractors and/or third party vendors. Burnin' By Ray, LLC. does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Members or their guests for any period of time. RayFit hereby disclaims all liability arising out of such services. Member further agrees to fully and forever release and discharge Burnin' By Ray, LLC. it’s principles, owners, employees, officers, directors, affiliates, and insurers from any and all claims, demands, lawsuits, damages, injuries (including death), rights of actions and causes of action present or in the future which may be known or unknown, anticipated or unanticipated resulting from or arising out of these services that are made available.
Member’s guests are permitted in the club, but only pursuant to such rules, regulations, fees, and schedules for such guest that may then be in effect. Burnin' By Ray, LLC. reserves the right to limit the number of times any one guest can use the club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of Burnin' By Ray, LLC. would be detrimental to Burnin' By Ray, LLC. or any of its members. All guests must register for, and have paid for services for a class online or in club before attending, otherwise the guest will not be admitted.
Member hereby acknowledges and consents to being photographed and/or videotaped while participating in any classes or sessions with Burnin' By Ray, LLC. on and off premises. Member further understands and permits Burnin' By Ray, LLC. to copy, duplicate and use photographs and/or videos of Members to post on any website, social media site, or any other media platform for marketing and/or promotional purposes.
11. TRANSFERS OF MEMBERSHIP:
Membership may not be transferred under any circumstance.
12. MEMBER’S OBLIGATIONS:
Member shall not be relieved of Member’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use Burnin' By Ray, LLC's services. Member dues are for the period of time and are in no way related to or adjusted based on, actual usage of the club or services.
13. UNPAID BALANCES:
Members will not be permitted to use any Burnin' By Ray, LLC. facilities or services until all fees are current. Member is obligated to pay any collection and/or legal costs incurred by Burnin' By Ray, LLC. for collection of any fees. Annual dues must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended and a new Initiation Fee will be required. Burnin' By Ray, LLC. reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If a credit card charge payable to Burnin' By Ray, LLC. is not honored, Burnin' By Ray, LLC. will assess a $25 charge for each check and credit card rejected and collects the current and past-due balance in any subsequent month. Member shall be obligated to make all payments that Member fails or has failed to make (including past and future payments for use of Burnin' By Ray, LLC. services).
14. VALUABLES AND PERSONAL PROPERTY:
Members are urged to avoid bringing valuables onto the Burnin' By Ray, LLC. premises. Burnin' By Ray, LLC. shall not be liable for the loss, theft, or damage to, the personal property of Member or Member’s guests for any reason whatsoever.
15. CHILDREN’S USE:
Children over the age of 13 may participate in any workout at Burnin' by Ray LLC. provided they have signed the waiver, or a legal guardian or parent has signed on their behalf. Children under 14 cannot be in the area of any Burnin' by Ray LLC. workout space without being accompanied by legal guardian or parent.
16. GROUP FITNESS RULES:
Allow enough time to check in before each class. Do not enter a class late unless you give the instructor prior notice. Non-participants cannot be in the area of any Burnin' By Ray, LLC. class space or personal training areas at any time. Late participants that registered online may lose their spot if entering after the scheduled start time. Any non-registered participants must receive approval from staff prior to entering a class. If you are just starting or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the instructor before class. Additional rules posed on site must be adhered to.
17. DRESS CODE:
Proper athletic attire and footwear are required. No street clothes or dress shoes are permitted. Management has the right to prevent the use of any equipment if the proper attire is not worn.
18. PERSONAL TRAINING, GROUP CLASSES AND PACKAGES:
All sales of personal training and packages are final, non-refundable, non-transferable, and will adhere to their designated expiration dates.
19. NON-Burnin' By Ray, LLC. PERSONAL TRAINERS:
Use of non-Burnin' By Ray, LLC. Personal Trainers on the premises is strictly prohibited. Members may not train other members.
Burnin' By Ray, LLC. reserves the right to increase its fees and prices at any time and will provide notice to all Members regarding any such change in pricing.
21. REVOCATION OF MEMBERSHIP:
Burnin' By Ray, LLC. reserves the right to revoke and cancel this Agreement, service, or membership at any time for any reason, in which case Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement provided that Burnin' By Ray, LLC. may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Burnin' By Ray, LLC. may demand the reasonable cost of goods and services in which the Member has consumed or wishes to retain after cancellation.
22. RELEASE OF LIABILITY:
Member assumes full responsibility for his/her use of Burnin' By Ray, LLC. services including but not limited to participating in any physical assessments, classes, training sessions, group classes and/or open gym activities. Member further agrees to fully and forever release and discharge Burnin' By Ray, LLC., it’s principles, owners, employees, officers, directors, affiliates, and insurers from any and all claims, demands, lawsuits, damages, injuries (including death), rights of actions and causes of action present or in the future which may be known or unknown, anticipated or unanticipated resulting from or arising out of use of the services including but not limited to participating in any classes, training sessions, group classes and/or open gym activities on or off premises.
To the maximum extent permitted by law, Member agrees to defend, indemnify and hold Burnin' By Ray, LLC., it’s principles, owners, employees, officers, directors, affiliates, and insurers harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with the use of the services provided by Burnin' By Ray, LLC. to Member including, but not limited to, participating in any physical assessments, classes, training sessions, group classes and/or open gym activities on or off premises. Burnin' By Ray, LLC. will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. Burnin' By Ray, LLC. reserves the right, at your sole expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without Burnin' By Ray, LLC.’s prior written consent. This provision excludes indemnification for the sole negligence of Burnin' By Ray, LLC..
All Members must report all injuries immediately to an employee of Burnin' By Ray, LLC. and complete an injury/incident form. All injuries must be reported within twenty four (24) hours of participation in a class.
25. ENTIRE AGREEMENT:
Except for the rules, regulations and schedules posted or issued orally by Burnin' By Ray, LLC. from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Burnin' By Ray, LLC. Employees are not authorized to make any independent agreements with any Member.
This Agreement is governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. Member agrees to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or, if appropriate, the United States District Court for the Commonwealth of Massachusetts for resolution of any dispute, action or proceeding arising in connection with this Agreement and Member further irrevocably waives any right Member may have to trial by jury in any such dispute, action or proceeding
Burnin' By Ray, LLC. makes no guarantees concerning weight loss or improvements in health, physique, or physical appearance.
By clicking this box, Member certifies that they are at least 18 years old and that they have read, acknowledge, understand, and accept the terms of this Agreement. If Member is under the age of 18 years old at the date of execution, the person executing this Agreement on behalf of Member certifies that they are the parent or legal guarding of the Member and that they consent on behalf of the Member to the terms of this Agreement.