Platinum Package Agreement
NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS PERMITTED TO USE THE FITNESS CENTER AT ZERO GIVENS AND/OR TAKE PART IN ANY EXERCISE CLASS(ES) HELD BY ZERO GIVENS
BY SIGNING THIS AGREEMENT, THE PARTICIPANT AFFIRMS HAVING READ AND UNDERSTOOD IT AND IS IN AGREEMENT WITH IT'S CONTENTS.
1. I RISK BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY and DEATH, AND while particular rules, equipment, and person training and discipline my reduce this risk, THE RISK OF INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY;
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK; both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS;
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual or unnecessary hazard during my presence or participation, I will bring such to the attention of the instructor or staff immediately.
4. I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, and NEXT OF KIN, HERBY RELEASE, HOLD HARMLESS AND PROMISE NOT TO SUE ZERO GIVENS, ITS OFFICERS, VOLUNTEERS, STAFF, SPONSORS, AND/OR AGENTS, OR THE INSTRUCTOR OF THE EXERCISE CLASS (“RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY AND/OR LOSS ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTED MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW.
5. This Waiver and Release of Liability shall remain valid until it is expressly revoked by written notice from me to Zero Givens or the termination of my membership whichever occurs first; provided however that any such revocation shall not in any manner affect the waiver and release of liability given hereunder for any acts or occurrences prior to the receipt of said written notice by Zero Givens or prior to termination of my membership.
I have read this Release of Liability and Waiver Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
Package Agreement This Package Agreement is entered here between Zero Givens, located at 13214 Whittier Blvd Whittier CA 90602, and you the Client. Zero Givens is a fitness facility offering personal and group fitness classes (i.e, individual and/or group live and virtual classes). This Agreement entitles client access to participate in live and virtual classes.
Please review this Agreement thoroughly as it is a legal and binding contract between Zero Givens and all clients. By using the services offered at Zero Givens, client and visitors are agreeing to the terms of this Agreement.
Package/Program Purchases By purchasing a program/package from Zero Givens, you agree to the Terms and Conditions in full (see below). Packages cannot be shared, combined or transferred from person to person. Clients with recurring payments are encouraged to keep a current credit card on file, and contact us via email ( whittier@zerogivens.org ) for card updates OR USE APP( zero givens)
Special priced expiring packages will restart once term ends but cannot be, transferred, refunded, shared, or placed on hold. Clients purchasing packages do so with the understanding of these terms and agree to be bound by such.
Authorization for Recurring Package Payments You authorize us to initiate recurring electronic debits to the account you have specified on the AutoPay authorization agreement or any substitute account you or your financial institution later provide, (your "Account") in the amounts and on or after the dates set forth in the ZERO GIVENS. Disclosure found on the first page of your Agreement (or in accordance with any alternative payment schedule to which you and we agree). You authorize such debits to begin on the first due date on or after the effective date specified below.
Cancellation of Package Agreement by Client This Package Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed - with approval of $100 Cancelation Fee which will be charge on card provided by client profile in order to stop benefits and cancel further payments. Fee is waived in the event of (1) the death or disability of the client, and the client is unable to receive all of Zero Givens services which the client has contracted. The client, or the Client’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability).
Class Cancellation and Booking Policies Clients cancelling a class session must be done 24 hours prior to your scheduled class and/or session. The no-show fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level. $5 Fee
Authorization to Vary Amounts You have the right to receive advance notice if any payment we seek will vary from the amount authorized below . To exercise this right, please email us at WHITTIER@ZEROGIVENS.ORG or text us at 562.264.5966. Unless you exercise this right, you authorize us to vary the amount of any payment so long as such payment is less than the pre authorized amount or no greater than 110% of such amount.
Authorization to Correct Errors and Modify/Combine Payments In the event that we make an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the Account in the amount of such error on or after the date such error occurs. You authorize us to verify the payment and Account information that you have provided to us. If you make a typographical or similar error in providing us with such information, you authorize us to correct the error upon receiving corrected information from you or your financial institution. Instead of or in addition to any electronic debits described above, you authorize us to initiate electronic debits to your Account for any amount and on any date that you subsequently direct by phone, email, text, or other method we make available. You authorize us to combine multiple electronic debits that we may be initiating on the same day to your Account into a single electronic debit.
Reinitiating a Rejected Debit Unless otherwise limited by law, if the electronic debit is rejected, you authorize us to re-initiate it up to two additional times. You understand that your financial institution may impose fees in connection with rejected debits, and you agree that we do not have any liability to you for such fees. No alternate arrangements will be made in the event that an electronic debit is rejected by your financial institution (e.g., because there is not enough money in your Account).
By signing this agreement you are claiming to be the authorized signer on the Account. You understand that this Authorization is subject to applicable law and network rules. You will be held responsible for updating any new Account and/or debit information. This Authorization supplements the terms of your Agreement.
*Zero Givens will not be held responsible for any fees charged or accrued by your bank or credit card provider due to expired or inaccurate information. *
Conduct/Damages Zero Givens is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Zero Givens’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Zero Givens has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Zero Givens property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Zero Givens reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Zero Givens.
Photo/Video Release You hereby grant Zero Givens, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Zero Givens and to use and publish these photos or videos in print and/or electronically. You agree that Zero Givens may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
PAYMENT INFORMATION Submit