IMMORTALS BOXING MEMBERSHIP AGREEMENT This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Immortals Fitness LLC, located at 155 North Raymond Ave Pasadena, CA 91103 (“Immortals Boxing”), and
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, through the Immortals Boxing App, the immortalsboxing.com website, or by calling Immortals Boxing during normal business hours and confirming with studio staff. Members may attend a class without a reservation only if there are enough open spots available, and after checking in with the front desk staff. SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their class by this time, it is considered a no-show and Immortals Boxing reserves the right to assign the spot to another person on the waitlist.
CLASS CANCELLATIONS: Class reservations must be cancelled a minimum TWELVE (12) hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, your spot in the class will be released.
WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, you are solely responsible for managing your bookings and for cancelling your classes.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT PACKAGE PURCHASES: By purchasing a package from Immortals Boxing, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Auto-debit contract members are required to keep a current credit card on file. Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class booked. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Immortals Boxing account through the Immortals Boxing app. By placing a card on file, the cardholder and account holder gives permission to the Immortals Boxing staff to charge the card for any auto-debit packages, any merchandise purchased, or any training packages accrued in accordance with Immortals Boxing.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Immortals Boxing to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Immortals Boxing will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement. Immortals Boxing may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Immortals Boxing booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Immortals Boxing cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Immortals Boxing and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing group classes and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Immortals Boxing staff, you would be at physical risk participating in Immortals Boxing Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Immortals Boxing with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Immortals Boxing concerns and stating that Immortals Boxing concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Immortals Boxing, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Immortals Boxing Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Immortals Boxing’s Classes and Facilities, and should not be participating in any Classes. ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO THE CORONAVIRUS/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Immortals Boxing has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Immortals Boxing will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19. ------------------------------------------------------------------------------------------------- ------------------------- You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the Immortals Boxing Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Immortals Boxing (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Immortals Boxing, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Immortals Boxing, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Immortals Boxing program. You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. You agree to be solely responsible for the safety and well-being of yourself. You agree to comply with all rules imposed by Immortals Boxing regarding the use of the facilities and equipment. You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Immortals Boxing. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER You may cancel this Membership Agreement at any time. You must provide Immortals Boxing written notice via electronic mail, a letter mailed first-class, or in person, of your intent to cancel, no less than five (5) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take affect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than five (5) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Immortals Boxing, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Immortals Boxing reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Immortals Boxing’s services which the member has contracted. The member, or the member’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); and (2) the member moves further than twenty-five (25) miles from Immortals Boxing. The member shall provide proof of new residence. MISCELANEOUSCONDUCT/DAMAGES: Immortals Boxing 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 Immortal Boxing’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Immortals Boxing 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 Immortals Boxing’s 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. Immortals Boxing reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Immortals Boxing.
PHOTO/VIDEO RELEASE: You hereby grant Immortals Boxing, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Immortals Boxing and to use and publish these photos or videos in print and/or electronically. You agree that Immortals Boxing 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. You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail,
email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Immortals Boxing.
