MINNESOTA The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
1. PARTIES TO THE AGREEMENT
STUDIO INFORMATION: The Grind CycleSculpt Stretch LLC d/b/a The Grind MPLS ("The Grind MPLS,” “Company,”“we,” “our” or “us”), and its successors and assigns. The Grind Cycle Sculpt Stretch LLC is an independently owned and operated.
STUDIO OF ENROLLMENT: The Grind MPLS 323 Washington Ave N Suite 110, Minneapolis, MN 55401
MEMBER INFORMATION: Member Name: (“Member,” “you” or “your”)
Email:
Birth Date: 00/00/0000
Gender:
Home #:
Cell #:
Work #:
BUYER INFORMATION: (if different from Member; the Buyer is the person paying for services) NAME (“Buyer”)
2. SUMMARY OF TERMS AND ACCOUNT CHARGES RECURRING DUES MEMBERSHIP BASICS ·
As a recurring dues member, you are agreeing to pay for your membership on a recurring dues basis. If your recurring dues membership is for a term of one month or less, then your membership is considered “month-to-month.” You may cancel your month-to-month membership at any time with a 30-day advance written notice. If your recurring dues membership is for a term greater than one month, then your membership is considered for a “fixed term.” Term memberships end automatically at the conclusion of the initial term and will not auto-renew. With limited exception,cancellation of a Term membership prior to the expiration of the fixed initial term will incur an additional early termination fee. Your recurring dues billing will begin on 00/00/000 and will continue on the same day each month thereafter until you properly cancel or, as applicable, the agreement ends. You expressly authorize The Grind MPLS, or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.
TERMS OF YOUR RECURRING DUES
THE PAYMENT SCHEDULE
MEMBERSHIP
Membership to begin on:
Monthly Dues Amount (including taxes) :
Recurring Dues Period:
Recurring Dues Term (*subject to auto- renewal) :
First month’s dues (including taxes):
Last month’s dues (including taxes):
Sales Tax Rate
TOTAL DUE NOW TO START:
3. DEFAULT AND LATE PAYMENTS
If you default on any payment obligation as called for in the Agreement, then The Grind MPLS will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to, collection agency fees, court costs and attorneys’ fees. Default will occur where a scheduled payment due under this Agreement is not paid for a period of 90 days or more. A SERVICE FEE NOT TO EXCEED $25 MAY BE CHARGED BY The Grind MPLS IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS, OR FOR ANY OTHER REASON. IF A PAYMENT BECOMES MORE THAN FIVE (5) DAYS PAST DUE, YOU MAY BE CHARGED A LATE FEE NOT TO EXCEED$25. SPECIFIC FEE AMOUNTS ARE POSTED AT The Grind MPLS STUDIO LOCATION WHERE YOU ARE A MEMBER. The Grind MPLS reserves the right to suspend services or revoke membership rights where an invoice is unpaid. You expressly consent to these actions being taken, and agree that all fees described in this section are reasonable.
4. CONSENT TO AUTO-RENEWAL (All references to “I” or “me” in this section shall refer to you)
MONTH-TO-MONTH: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide The Grind MPLS with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues,fees and charges associated with my account.
FIXED TERM: I understand that my Agreement is for a fixed term and will not auto-renew at the end of the initial term; my Agreement will end automatically.
Buyer's Acceptance: (electronic signature)
Electronic Signature [1]
Date:
5. AUTHORIZATION FOR PREAUTHORIZED PAYMENTS (All references to “I” or “me” in this section shall refer to you)
By signing below, I am authorizing The Grind Cycle Sculpt Stretch, LLC 323 Washington Ave N Suite 110, Minneapolis, MN 55401 to initiate transfers,whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) The Grind Cycle Sculpt Stretch, LLC may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this pre authorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; (e) charges may appear in my bank statement under the prefix “The Grind MPLS” followed by my studio’s name, phone number and state; (f) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than $50.00 from my most recent payment; (g) billing inquiries can be directed to The Grind Cycle Sculpt Stretch, LLC at 323 Washington Ave N Suite 110, Minneapolis MN 55401. I expressly authorize The Grind Cycle Sculpt Stretch, LLC, and any of its subsidiaries or affiliates, to contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note SMS text charges may apply).
Buyer's Acceptance: (electronic signature)
Electronic Signature [2] Date:
6.BUYER’S RIGHTS IN MINNESOTA
6.1 MEMBERS’ RIGHT TO CANCEL.
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third businessday after you sign this contract. The notice must be delivered or mailed to: The Grind MPLS 323 Washington Ave N Suite 110, Minneapolis, MN 55401. If you cancel, the club will return, within 10 days of the date on which you give notice of cancellation, any payments you have made.
6.2 AGREEMENT TERM. The initial term of your Agreement is 1 month(s).
6.3 MAXIMUM TERM. No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed.
7.CANCELLATION TERMS
7.1 CANCELLATION RIGHTS. After expiration of the three-day rescission period, you may cancel this Agreement only if you qualify as follows:
(a) You die or become permanently disabled. If,by reason of death or permanent disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A "permanent disability" means a condition which completely prevents you from using the facilities. The Grind MPLS reserves the right to have your permanent disability verified by a physician. The Grind MPLS shall retain the value for services already provided prior to your death or the onset of permanent disability.
(b) You move. If you move more than 35 miles from The Grind MPLS 323 Washington Ave N Suite 110, Minneapolis, MN 55401, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums.
(c) The Grind MPLS closes. If The Grind MPLS goes out of business you may cancel this Agreement, without penalty, and receive apro rata refund for any prepaid sums.
7.2 TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a month-to-month member, you may terminate this Agreement at any time by providing The Grind MPLS with a 30-day advance written notice. There is no early termination fee for a month-to-month membership. If you are a fixed term member, unless you rescind or cancel your membership for one of the reasons stated above, you may still cancel your membership with a 30-day advance written notice, but you will be required to pay a $0.00 early termination fee.The early termination fee applies to the initial term of fixed term memberships. If you are a fixed term member, your Agreement will terminate automatically at the end of the initial term; to continue services you must speak with a member of The Grind MPLS staff. Whether you are a month-to-month or fixed term member, once The Grind MPLS receives your written notice of cancellation, your membership will remain active until the expiration of yourthen-current billing cycle. Classes not used by the expiration of yourthen-current billing cycle after sending in your notice of cancellation will be forfeited and lost, and no refund will be issued.
7.3 REFUNDS. If you properly rescind or cancel your membership, The Grind MPLS will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law. The Grind MPLS has no obligation to a pay are fund on classes or services that you have used.
7.4 NOTICE. All notices under this Agreement may be delivered in person to the studio or sent via certified mail to The Grind MPLS 323 Washington Ave N Suite 110, Minneapolis, MN 55401.
8. RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY
USING THIS STUDIO OWNED BY THE GRIND CYCLE SCULPT STRETCH LLC D/B/A The Grind MPLS, OR ANY OTHER The Grind MPLS STUDIO, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY The Grind MPLS, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE THE GRIND CYCLE SCULPT STRETCH LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES,VOLUNTEERS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY,OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS,UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF The Grind MPLS,INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES' OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANY ONE USING The Grind MPLS FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. INCONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN The Grind MPLS ACTIVITIES,YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY,DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT.FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTUREFITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND The Grind MPLS ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT The Grind MPLS. 9.DISPUTE RESOLUTION (U.S.)
OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH The Grind MPLS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH The Grind MPLS; THEN,IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR STUDIO OF ENROLLMENT. YOU AND The Grind MPLS FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO The Grind MPLS AT The Grind MPLS 323 WASHINGTON AVE N SUITE 110, MINNEAPOLIS, MN 55401 WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY The Grind MPLS IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR. 10.OTHER TERMS AND CONDITIONS
10.1 MEDICAL CONDITIONS. BEFORE USING THE GRIND MPLS SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT,PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE GRIND MPLS STUDIO AND SHALL INDEMNIFY THE GRIND MPLS, ITS AFFILIATES, AGENTS AND EMPLOYEES,AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
10.2 CUSTOMER SERVICE. Any questions about this Agreement or issues with yourmembership can be directed to a The Grind MPLS manager at The Grind MPLS 323 Washington Ave N Suite 110, Minneapolis, MN, or call The Grind MPLS directly.
10.3 CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify The Grind MPLS in writing of any changes in your billing information, address or telephone number. You expressly permit The Grind MPLS,or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
10.4 DRESS CODE. Proper athletic attire is required. The Grind MPLS reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
10.5 SMOKING. Smoking (includinge-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all The Grind MPLS studios.
10.6 LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a The Grind MPLS studio.The Grind MPLS shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry,negotiable securities, and other items left by you or your guests.
10.7 LATE CANCEL AND NO-SHOW FEES. You may be charged a“late cancel fee” not to exceed $12 when you book a The Grind MPLS class and fail to cancel the scheduled appointment within at least 6 hours before the start of the class. A “no-show fee” not to exceed $12 may apply if you reserve a class and fail to show for the class before the start time of the class. You may lose a class credit from your membership package, for every occurrence,where you make an appointment for a The Grind MPLS class and do not show up for it or fail to cancel the scheduled class appointment at least 12 hours before the start of the class. Specific fees for late cancel or no-show are available upon request at the [location name] studio location where you are a member.
10.8 DESCRIPTION OF SERVICES; HOURS OF ACCESS.
The Grind MPLS services are class-based and led by an instructor. In order to utilize The Grind MPLS services or facilities, you may sign up for a class in person or online using the The Grind MPLS website or app. Your Grind MPLS membership shall include access to the studio or studios to which you purchase. Subject to the class scheduling requirement, The Grind MPLS intends to make available to all of its members during its designated hours and days of operation the following equipment and services: custom stationary indoor cycling bikes free cycling shoes, hand weights and related cardiovascular,strength and conditioning equipment and apparatus, the FitBench. The Grind MPLS provides instructor-led group exercise classes for member use and reserves the right to revise its list of equipment and services at any time for any reason. The Grind MPLS will post a schedule of classes and specific hours of access at the The Grind MPLS studio where you are a member.
10.9 PRIVATE TRAINING. Use of private trainers or instructors not approved and employed by The Grind MPLS is prohibited at all The Grind MPLS studios. You may not train or instruct other members or guests, conduct business activity or solicit any business at any The Grind MPLS studio.
10.10 CHILDREN’S USE. Children are not permitted in the studio unless they are actively involved and enrolled in a class or session. and have had a parent or guardian sign the Minor Participant Waiver in person at the The Grind MPLS studio.
10.11 IMAGE USE. You understand that while on The Grind MPLS premises, your, or your minor child's image (including live or recorded video images), may be used or shown on The Grind MPLS website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images. You acknowledge that most The Grind MPLS locations are under continuous 24/7 video surveillance for security and training purposes.
10.12 NON-DISCRIMINATION. The Grind MPLS represents that it will not discriminate against any person because of sex,race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.
10.13 MEMBERSHIP TERMINATION. The Grind MPLS reserves the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, The Grind MPLS will notify you in person or send you a written notice of termination to your address on file and refund you any unused prepaid dues.
10.14 CHANGING THE TERMS, RULES AND REGULATIONS. The Grind MPLS may, at its sole discretion, change any term in this Agreement,which will become effective upon (a) The Grind MPLS providing you with written notice of the proposed change; and (b) giving you 30 days after your receipt of such notice in which to cancel your Agreement, penalty free, or renegotiate the change as to you. If, after a change is announced, you pay the next month’s invoice, you will be considered to have accepted the change.
10.15 FREEZES. If you are temporarily unable to use the The Grind MPLS studio for medical reasons, you may request a freeze of your membership in monthly increments. You may be required to provide a written doctor's note at the time of requesting a freeze and may be required complete related documentation as required by The Grind MPLS.You acknowledge and understand that freezing your membership will extend the term of the Agreement and that you will still be obligated to pay your monthly dues as per your original Agreement until the minimum term has expired. You must notify The Grind MPLS upon returning from the freeze. After the freeze, The Grind MPLS will resume regular charging, and you will be obligated to pay, your monthly dues until the minimum term has expired. A fee of up to $15 per month may be assessed for freezing a membership. The Grind MPLS reserves the right to adjust this freeze policy from time to time at its sole discretion. All requests must be received at least fourteen (14) days prior to your next billing date period. Retroactive freezes will not be accepted.
10.16 ENTIRE AGREEMENT. Verbal agreements with a The Grind MPLS employee will not be accepted as valid. Except as expressly provided herein, only this Agreement, and all rules and regulations of The Grind MPLS, as revised from time to time, constitute the entire and exclusive agreement between you and The Grind MPLS, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
10.17 INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.
10.18 GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement.Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.
10.19 LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect,special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
10.20 PREVAILING PARTY. In the event of any litigation arising from breach of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time,court costs, attorneys’ fees, and all other related expenses incurred in such litigation.
10.21 CONSENT TO CONTACT. By electronically signing the Agreement, you are giving The Grind MPLS and its authorized vendors consent to contact you by email, text message or telephone to the contact information as described in your account, including the mobile phone number provided, for any matter related to your account, including collection of monies owed, alerts or notices regarding your purchased services, and/or promotions that may be of interest to you. You may update your communication preferences or revoke your consent to receiving promotional messages at anytime. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of The Grind MPLS and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.
10.22 ELECTRONIC SIGNATURES. The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By checking the box “I AGREE” or “I CONSENT,” or words to similar effect, and clicking enter, you acknowledge and agree that these actions constitute your electronic acceptance of the Agreement.
Buyer's Acceptance: (electronic signature)
Electronic Signature [3]
Date:
COSIGNER (ONLY NEEDED IF MEMBER IS A MINOR OR THERE WILL BE A FINANCIAL CO-SIGNER ON THE ACCOUNT)
PARENT/GUARDIAN.
On behalf of my minor child and myself, I agree to all of the provisions of this Agreement, including the provision titled “Release of Liability; Assumption of Risk; Indemnity.” I promise to pay any financial obligation that my minor child does not pay for any reason. I understand that my obligations can only end if the Member/guardian properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.
FINANCIAL COSIGNER. I promise to pay any financial obligation that the Member/Buyer does not pay for any reason. I also agree to indemnify The Grind MPLS to the fullest extent permitted by law for any claim brought against The Grind MPLS by the Member (or Buyer, if different from Member). I understand that my obligations can only end if the Member/Buyer properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.
Cosigner/Parent/Guardian Acceptance: (electronic signature)
Date: