terms & Conditions
ACCOUNTS
In order to access some features of the website, you will have to create an account with Formula 3 Fitness. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
RESERVATIONS
YOU MUST PRE-SCHEDULE ALL OF YOUR TRAINING SESSIONS.
This ensures our class size will never exceed our maximum number of stations per facility to give you a safe, personal and exclusive experience. Simply go to our scheduling page and add yourself to the days/times of your choice.
WHAT IF I NEED TO CANCEL?
You can cancel your class up to 2 hours before the start time and then reschedule yourself into another date/time.
NO SHOW FEE
If you miss a class without canceling, a $5 no-show fee will apply. Please cancel in advance if you can’t make it so another member can take your spot. Your cooperation helps Formula 3 run smoothly and ensures everyone gets the chance to train. Thank you for helping us keep our community strong!
WAITLIST POLICY
If a class is full, we encourage you to join the Waitlist. As spots open, they are offered to Waitlisted members in the order they joined.
Important: By adding yourself to the Waitlist, we assume you want to attend. It’s your responsibility to keep track of your reservations, including Waitlisted ones.
If a spot opens, you’ll automatically be enrolled and notified by email and/or text. If you no longer want that class, please remove yourself from the Waitlist right away to avoid a $5 no-show fee.
PAYMENT SUMMARY
Monthly membership payments are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Monthly membership payments shall be made each month, via automatic debited payment (credit card, debit card, or automatic checking account draft).
To upgrade or downgrade your membership package, at least 72 hours notice must be given prior to your next payment date.
Packages cannot be shared between members. All members are required to keep a current credit card on file.
CREDIT CARD ON FILE: By placing a card on file, the cardholder and account holder gives permission to the Formula 3 Fitness staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Formula 3 Fitness, cancellation policy detailed above.
All memberships are set to auto-renew on a month-to-month basis at the end of their term.
CANCELLATION POLICY
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Formula 3 Fitness, 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 Formula 3 Fitness reserves the right to pursue additional avenues or means to receive monies owed.
3,6,12,24 MONTH MEMBERSHIPS AND PAID IN FULL MEMBERSHIPS: If you opt to cancel at the end of your original term you must provide Formula 3 Fitness written notice via electronic mail to office@formula3.fit of your intent to cancel, no less than ten (10) 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 ten (10) 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.
MONTH TO MONTH MEMBERSHIPS: The buyer has the right to cancel their membership providing written notice via electronic mail to office@formula3.fit of your intent to cancel, anytime after ten (10) business days of your purchase date with 30 days notice of cancellation.
EARLY TERMINATION OF MEMBERSHIP: Will only be accepted with no penalty for the following:
MOVING TERMINATION: If THE BUYER/MEMBER moves primary residence 50 Miles or more from any FORMULA 3 FITNESS location(s). Member must show proof through electronic mail.
MILITARY TERMINATION: If THE BUYER/MEMBER will be deployed for active duty. Member must have their commanding officer give dates of deployment through electronic mail.
MEDICAL TERMINATION: If THE BUYER/MEMBER is physically unable to do any type of exercises or therapy anywhere because of medical reasons for more than 1 year. THE BUYER/MEMBER must have only their FULLY LICENSED MEDICAL PHYSICIAN ex) M.D. or D.O. GIVE REASON THAT THROUGH ELECTRONIC MAIL. MEDICAL CANCELLATIONS: will not be excepted by unlicensed medical physician ex) CHIROPRACTOR, THERAPIST, ETC.
RULES OF SUSPENSIONS
You may suspend your membership for up to 30 days every 6 months. During suspension, your membership time and payments are put on hold. The suspended time will be added to the end of your membership term to ensure the full commitment is fulfilled.
A suspension fee applies in place of your monthly membership payment. To suspend your membership before your next billing cycle, you must provide at least 72 hours’ notice before your payment date.
MEDICAL SUSPENSION POLICY
f you experience an injury or medical condition that prevents you from attending Formula 3 Fitness, you may request to have your membership “frozen” for longer than the standard 30 days.
To qualify, you must provide a doctor’s note stating how long you are advised to refrain from intense physical activity.
To initiate a medical suspension, please email your request along with your doctor’s note to office@formula3.fit
THE BUYER/MEMBER must have only their FULLY LICENSED MEDICAL PHYSICIAN ex) M.D. or D.O. GIVE REASON THAT THROUGH ELECTRONIC MAIL. MEDICAL SUSPENSIONS: will not be excepted by unlicensed medical physician ex) CHIROPRACTOR, THERAPIST, ETC.
MINORS
Registration of a minor (ages 13-17) must be completed by the parent or guardian. Minors (ages 13-17) who meet the minimum height requirement of 4”11” and who have submitted a Waiver Form signed by a parent or guardian, may then attend classes. Minors under the age of 18 must be accompanied by a parent or guardian during their workouts unless enrolled in a Youth Program.
WAIVER AND RELEASE
By registering at Formula 3 Fitness, you acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You further acknowledge that Formula 3 Fitness strongly recommends that you consult with your physician prior to training. You assume all risk for your health and well being, and fully release and hold harmless for any responsibility, cost or damages Formula 3 Fitness, its instructors, members, and employees. You acknowledge that your agreement to this release applies to each time you visit Formula 3 Fitness. You hereby acknowledge that you, and any minor under your care, have voluntarily chosen to participate. You assume all risk for your health and well being, and that of any minor under your care, and fully release Formula 3 Fitness from all liability.
I understand and agree that it is my responsibility to inform my F3FIT Coach of any conditions or changes in my health, now and on going, which might affect my ability to exercise safely and with minimal risk of injury.
I understand that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions. I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my F3FIT Coach.
I understand the results of any fitness program cannot be guaranteed and my progress depends on my effort and cooperation in and outside of the training sessions.
I understand that Formula 3 Fitness may photograph their client at events/training sessions and group exercise classes and I provide written approval for them to use these pictures for promotional purposes.
I understand that Formula 3 Fitness is in no way responsible for the safekeeping of my personal belongings in the studio. I am assuming all risk of loss for any of personal belongings left at the facility.
COVID-19 WAIVER AND RELEASE
By participating in Formula 3 Fitness classes, I acknowledge that I have inspected the facilities, equipment, and studio and find them safe and suitable for my use.
I understand COVID-19 is a global pandemic and that Formula 3 Fitness cannot guarantee my safety or immunity from infection. I voluntarily assume all risks related to participation.
I confirm that I am not experiencing symptoms of illness (such as fever, cough, or shortness of breath). If I develop symptoms, or have a suspected or confirmed case of COVID-19, I will not attend classes or enter any Formula 3 Fitness studio.
I agree to follow all safety protocols set by Formula 3 Fitness, whether posted in the studio, sent electronically, or updated on the website. I acknowledge these protocols may change at any time and agree to comply.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Formula 3 Fitness website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and logos contained therein, are owned by or licensed to Formula 3 Fitness, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Formula 3 Fitness reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Formula 3 Fitness.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
POLICY CHANGES
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Formula 3 Fitness policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website and are encouraged to check this document periodically to stay informed of current policy guidelines.
COPY OF COMPLETE F3FIT MEMBERSHIP AGREEMENT CONTRACT TERMS & CONDITIONS
1. AGREEMENT TERMS AND PROVISIONS FOR THE BUYER AND/OR MEMBER(S):
I, THE UNDERSIGNED, HEREBY VOLUNTARILY AND KNOWINGLY AGREE TO PARTICIPATE IN ALL TYPES OF TRAINING, INSTRUCTION, ACTIVITIES, EXERCISES, WORKOUTS, PROGRAMS, PLANS, COACHING, TUTORING, MENTORING, WORKSHOPS, AND TEACHINGS CONDUCTED, INSTRUCTED, COACHED, OR TAUGHT BY ANY REPRESENTATIVES, INSTRUCTORS, COACHES, TRAINERS, AGENTS, EMPLOYEES, AGREEMENTORS, OR ASSOCIATES OF FORMULA 3 FITNESS AND/OR ITS PARENT COMPANY. I AFFIRM THAT I FULLY UNDERSTAND ALL MEMBERSHIP OFFERS, AGREEMENT TERMS, PAYMENT TERMS AND DETAILS, PLANS, AND PROGRAMS, AND I EXPRESSLY AGREE TO BE BOUND BY THEM. I ACKNOWLEDGE THAT I HAVE BEEN ADVISED TO CONSULT A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PHYSICAL ACTIVITY AND HAVE BEEN RECOMMENDED TO PROVIDE, IN WRITING, ANY PAST AND CURRENT MEDICAL OR PHYSICAL HISTORY. I FULLY ACCEPT ALL RISKS ASSOCIATED WITH PARTICIPATION AND TAKE COMPLETE RESPONSIBILITY FOR MY OWN ACTIONS AND ANY INJURIES OR ADVERSE EFFECTS THAT MAY RESULT. I UNDERSTAND AND AGREE THAT FORMULA 3 FITNESS AND/OR ITS PARENT COMPANY, ALONG WITH THEIR REPRESENTATIVES, TRAINERS, INSTRUCTORS, COACHES, AGENTS, EMPLOYEES, AGREEMENTORS, ASSOCIATES, AND SUCCESSORS, SHALL NOT BE LIABLE FOR ANY CLAIMS, INJURIES, DAMAGES, OR DEATH ARISING OUT OF PARTICIPATION IN ANY TRAINING, TUTORING, MENTORING, INSTRUCTION, ACTIVITY, EXERCISE, WORKOUT, PROGRAM, PLAN, COACHING, TEACHING, OR ADVICE PROVIDED. I FURTHER ACKNOWLEDGE THAT CERTAIN SCHEDULED TIMES MAY BE DESIGNATED AS NON-COACHED OR UNATTENDED HOURS, DURING WHICH A COACH, INSTRUCTOR, OR STAFF MEMBER MAY NOT BE PRESENT. I AGREE TO PARTICIPATE AT MY OWN RISK DURING THESE TIMES AND ACCEPT FULL RESPONSIBILITY FOR MY ACTIONS, SAFETY, AND USE OF THE FACILITY, WHETHER OR NOT A REPRESENTATIVE OF FORMULA 3 FITNESS IS ON-SITE. I FURTHER ACKNOWLEDGE THAT I HAVE THE RIGHT TO CANCEL ANY MEMBERSHIP WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF PURCHASE WITHOUT PENALTY OR FURTHER OBLIGATION. I UNDERSTAND AND AGREE THAT AFTER THE EXPIRATION OF THIS THREE-DAY CANCELLATION WINDOW, ALL SALES ARE FINAL, AND NO REFUNDS SHALL BE ISSUED FOR DUES, FEES, OR UNUSED MEMBERSHIP TIME, REGARDLESS OF CIRCUMSTANCES. I ACKNOWLEDGE AND ACCEPT THAT ALL MEMBERSHIPS, REGARDLESS OF INITIAL TERM LENGTH, SHALL AUTOMATICALLY RENEW UPON THE SAME TERMS AS OUTLINED HEREIN UNLESS A WRITTEN NOTICE OF CANCELLATION IS PROVIDED TO FORMULA 3 FITNESS IN ACCORDANCE WITH THE AGREEMENT'S TERMS. I CONFIRM THAT I HAVE RECEIVED A FULLY EXECUTED COPY OF THIS AGREEMENT AND ACKNOWLEDGE ALL TERMS, CONDITIONS, AND PROVISIONS CONTAINED WITHIN IT. BY SIGNING BELOW, I EXPRESSLY AUTHORIZE FORMULA 3 FITNESS TO CHARGE MY DESIGNATED CARD ON FILE FOR DIRECT WITHDRAWALS, AUTOMATIC RECURRING PAYMENT(S), IN-HOUSE PURCHASES, ONLINE PURCHASES, ANY ACCOUNT BALANCES OR PURCHASES DUE, AND ANY DESIGNATED MONTHLY OR ANNUAL RECURRING CHARGES, INCLUDING PAST DUE, LATE, OR OVERDUE PAYMENTS. I AGREE TO PAY ALL AGREEMENT FEES, LATE FEES, AND ANY COSTS ASSOCIATED WITH ANY DAMAGES CAUSED BY MYSELF OR MY GUESTS TO THE FACILITY. I AGREE NOT TO DISPUTE ANY LEGITIMATE RECURRING CHARGES AND ACCEPT RESPONSIBILITY FOR ANY UNAUTHORIZED DISPUTES INITIATED WITHOUT CAUSE.
2. CONSUMER’S RIGHT TO CANCELLATION:
THE BUYER AND/OR MEMBER(S) HAVE THE RIGHT TO CANCEL THIS MEMBERSHIP IN WRITING AND DELIVERED IN PERSON TO OWNER/MANAGEMENT WITHIN THREE (3) BUSINESS DAYS AFTER SIGNING THIS AGREEMENT, WITH NO FURTHER OBLIGATION.
ALL CANCELLATIONS BEYOND THE INITIAL THREE-DAY PERIOD MUST BE SUBMITTED VIA EMAIL TO OFFICE@FORMULA3.FIT. CANCELLATIONS WILL NOT BE ACCEPTED IN PERSON, BY PHONE, OR THROUGH STAFF MEMBERS. EMAIL SUBMISSION IS MANDATORY TO MAINTAIN A VERIFIABLE TIME-STAMPED RECORD FOR BOTH PARTIES.
3. MEMBERSHIPS, SERVICES, OFFERS, OBLIGATIONS, TERMS:
3,6,12,24 MONTH MEMBERSHIP: THE BUYER AND/OR MEMBER(S) FIRST FULL PAYMENT OR PRO-RATED PAYMENT WILL BE MADE ON THE DATE OF MEMBERSHIP PURCHASE. SUBSEQUENT PAYMENTS WILL BE MADE ON THE SAME DATE OF EACH CONSECUTIVE NEW MONTH. MONTHLY MEMBERSHIPS CANNOT BE CANCELED UNTIL ALL ORIGINAL TERMS AND PAYMENTS HAVE BEEN FULFILLED. MONTHLY MEMBERSHIPS MAY BE SUSPENDED (SEE SUSPENSION RULES SECTION #7). ALL MONTHLY MEMBERSHIPS AUTO-RENEW AT THE END OF THE ORIGINAL TERM AT THE SAME MEMBERSHIP RATE, UNLESS THE MEMBER PROVIDES WRITTEN CANCELLATION NOTICE VIA EMAIL TO OFFICE@FORMULA3.FIT AT LEAST 10 BUSINESS DAYS PRIOR TO THE ORIGINAL END DATE.
PAID IN FULL MEMBERSHIPS: PAID IN FULL MEMBERSHIP IS ONE FULL PAYMENT FOR MEMBERSHIP ON THE SIGNED DATE OF THIS AGREEMENT. THERE ARE NO REFUNDS OR CANCELLATIONS FOR PAID IN FULL MEMBERSHIPS. PAID IN FULL MEMBERSHIP MAY BE TRANSFERRED, SEE CANCELATIONS & TRANSFERS (# 8 B.). THIS MEMBERSHIP WILL AUTO-RENEW AND THE END DATE OF ITS ORIGINAL TERM AMOUNT UNLESS CANCELLED 10 BUSINESS DAY PRIOR AND NOT BEFORE 10 BUSINESS DAYS INTO THE SAME PAID IN FULL AMOUNT AND TERM OR CONVERTED TO ANOTHER OFFER OF CURRENT OR GREATER VALUE.
MONTH TO MONTH MEMBERSHIP: IS A MONTHLY TERM MEMBERSHIP WITH OBLIGATIONS TO THE BUYER AND/OR MEMBER(S) FIRST PAYMENT WILL BE MADE ON THE FIRST DAY THE MEMBERSHIP. SUBSEQUENT PAYMENTS WILL BE MADE ON THE SUBSEQUENT DATE EACH NEW MONTH. ALL MONTH TO MONTH MEMBERSHIPS WILL AUTO-RENEW EACH MONTH UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT OFFICE@FORMULA3.FIT WITH 30 DAYS NOTICE OF CANCELLATION. BUYER IS RESPONSIBLE TO RETAIN HIS OR HER COPY OF THE FORMULA 3 FITNESS CANCELLATION FORM AS PROOF OF CANCELLATION. THE BUYER AND/OR MEMBER(S) AGREE TO PAY ANY OVERDUE BALANCE BEFORE THEY ARE ABLE TO CANCEL THEIR MEMBERSHIP.
DISCOUNTS OR COUPONS: DISCOUNTS OR COUPONS ARE REDUCTIONS FROM THE ORIGINAL MEMBERSHIP PRICE, WITH DEFINED TERMS. IF THE ORIGINAL MEMBERSHIP WAS DISCOUNTED, THAT DISCOUNTED RATE WILL CONTINUE UPON AUTO-RENEWAL, PROVIDED THE MEMBER FULFILLS THE ORIGINAL AGREEMENT TERMS.
MEMBERSHIP: MEMBERSHIP GRANTS ACCESS TO THE FACILITY DURING DESIGNATED HOURS OF OPERATION AND ALLOWS PARTICIPATION IN AVAILABLE SERVICES PROVIDED BY FORMULA 3 FITNESS.
SERVICES: SERVICES ARE SEPARATE FROM MEMBERSHIP AND SUBJECT TO CHANGE DAILY OR AT ANY TIME. UNLIMITED GROUP TRAINING SERVICES ARE RESTRICTED TO BUSINESS HOURS ONLY AND MAY BE SUBJECT TO SCHEDULE CHANGES AT ANY TIME.
4. OBLIGATION TO PAY:
THE BUYER AND/OR MEMBER(S) WILL NOT BE RELIEVED OF PAYMENT OBLIGATIONS FOR FAILURE TO USE THE FACILITIES OR SERVICES. MEMBERSHIP DUES ARE BASED ON THE TERM OF THE AGREEMENT AND ARE NOT TIED TO ACTUAL USAGE.
5. DISHONORED PAYMENTS:
IF ANY CHECK, DRAFT, CREDIT CARD CHARGE, OR EFT TRANSFER PAYABLE TO FORMULA 3 FITNESS IS DISHONORED, A $35.00 COLLECTION FEE WILL BE ASSESSED FOR EACH INSTANCE. FORMULA 3 FITNESS RESERVES THE RIGHT TO COLLECT ALL CURRENT AND PAST-DUE AMOUNTS. BUYERS/MEMBERS WHO DISPUTE LEGITIMATE CHARGES THROUGH THEIR CREDIT CARD PROVIDERS WILL BE CHARGED AN ADDITIONAL $35.00 SERVICE FEE PER CHARGEBACK.
6. EARLIER TERMINATION:
IF THE MEMBERSHIP IS TERMINATED BEFORE THE END DATE BY MUTUAL AGREEMENT, THE BUYER AND/OR MEMBER(S) MUST PAY AN EARLY TERMINATION FEE EQUAL TO FIFTY PERCENT (50%) OF THE REMAINING BALANCE. THIS FEE REPRESENTS A REASONABLE CALCULATION OF LOST PROFITS AND IS NOT A PENALTY.
ACCEPTABLE REASONS FOR EARLY TERMINATION:
A.) MOVING TERMINATION (50+ MILES RELOCATION) — NOTARIZED PROOF REQUIRED.
B.) MILITARY DEPLOYMENT — COMMANDING OFFICER LETTER REQUIRED.
C.) MEDICAL TERMINATION — PHYSICIAN’S LETTER (M.D. OR D.O. ONLY) REQUIRED.
7. RULES OF SUSPENSIONS:
MEMBERS MAY SUSPEND THEIR MEMBERSHIP BY PAYING A SUSPENSION FEE INSTEAD OF THE REGULAR MONTHLY PAYMENT. SUSPENSION HOLDS TIME AND PAYMENT FOR THIRTY (30) CONSECUTIVE DAYS. 72 HOURS’ NOTICE IS REQUIRED BEFORE THE NEXT BILLING CYCLE. SUSPENSION TIME RENEWS EVERY SIX (6) MONTHS FOR AN ADDITIONAL 30-DAY PERIOD.
8. CANCELLATIONS & TRANSFERS:
THE BUYER AND/OR MEMBER(S) IS RESPONSIBLE TO RETAIN HIS OR HER COPY OF THE FORMULA 3 FITNESS CANCELLATION FORM AS PROOF OF CANCELLATION.
ALL CANCELLATIONS MUST BE SUBMITTED BY EMAIL TO OFFICE@FORMULA3.FIT. NO CANCELLATIONS WILL BE ACCEPTED VERBALLY OR IN-PERSON AFTER THE INITIAL THREE-DAY CANCELLATION PERIOD.
A.) CANCELLATION:
3,6,12,24 MONTH MEMBERSHIPS AND PAID IN FULL MEMBERSHIPS: THE BUYER AND/OR MEMBER(S) AGREE TO PAY ANY OVERDUE BALANCE BEFORE THEY ARE ABLE TO CANCEL TERMINATION REQUEST MUST BE SUBMITTED TO OFFICE@FORMULA3.FIT 10 DAYS PRIOR TO NEXT PAYMENT DATE. THERE ARE NO REFUNDS ON SCHEDULED AUTO-PAYMENTS. YOUR FORMULA 3 FITNESS MEMBERSHIP MAY BE TERMINATED AT ANY TIME AFTER FULFILLING YOUR ORIGINAL 3, 6, 12 OR 24 MONTH AGREEMENT.
MONTH TO MONTH MEMBERSHIPS: THE BUYER AND/OR MEMBER(S) AGREE TO PAY ANY OVERDUE BALANCE BEFORE THEY ARE ABLE TO CANCEL. TERMINATION REQUEST MUST BE SUBMITTED TO OFFICE@FORMULA3.FIT WITH 30 DAYS WRITTEN NOTICE. THERE ARE NO REFUNDS ON SCHEDULED AUTO-PAYMENTS. THE BUYER AND/OR MEMBER(S) HAS THE RIGHT TO CANCEL THIS MEMBERSHIP BY EMAIL AT OFFICE@FORMULA3.FIT (10) BUSINESS DAYS AFTER SIGNING THIS AGREEMENT WITH 30 DAYS NOTICE OF CANCELLATION.
B.) TRANSFER AGREEMENT:
THE BUYER AND/OR MEMBER(S) MAY TRANSFER HIS OR HER PAID IN FULL MEMBERSHIP AND ITS MEMBERSHIP OBLIGATIONS AND TERM TO A NEW THE BUYER AND/OR MEMBER(S) IF YOU ARE UNABLE TO FULFILL YOUR MEMBERSHIP OBLIGATIONS. ALL TRANSFERS MUST BE SIGNED THROUGH FORMULA 3 FITNESS EARLIER TERMINATION/TRANSFER AGREEMENT AND APPROVED BY AUTHORIZED FORMULA 3 FITNESS REPRESENTATIVE TO TAKE EFFECT. FORMULA 3 FITNESS EARLIER TERMINATION/TRANSFER AGREEMENT IS AN ADDENDUM TO THIS MEMBERSHIP AGREEMENT AND IS REQUESTED OVER EMAIL OFFICE@FORMULA3.FIT.
9. AUTO-RENEWALS:
3,6,12,24 MONTH MEMBERSHIPS AND PAID IN FULL MEMBERSHIPS: ALL MEMBERSHIPS ABOVE WILL AUTO-RENEW AT THE END OF ITS TERM UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT OFFICE@FORMULA3.FIT 10 BUSINESS DAYS PRIOR TO YOUR RENEW DATE. ALL MONTHLY MEMBERSHIPS WILL AUTO-RENEW ON A MONTH TO MONTH BASIS AFTER THE ORIGINAL TERM HAS BEEN COMPLETED. ALL AUTO-RENEWALS WILL BE SUBJECT TO ALL NEW CHANGES, PAYMENT, ADJUSTMENTS, AND UPDATES TO THE FORMULA 3 FITNESS AGREEMENT TERMS AND PROVISIONS AND THE BUYER AND/OR MEMBER(S) WILL ABID AND HONOR ALL NEW CHANGES, PAYMENT ADJUSTMENTS, AND UPDATES MADE BY FORMULA 3 FITNESS. 72 HOURS NOTICE IS REQUIRED TO UPGRADE OR DOWNGRADE YOUR MEMBERSHIP PRIOR TO YOUR NEXT BILLING DATE.
MONTH TO MONTH MEMBERSHIPS: ALL MEMBERSHIPS ABOVE WILL AUTO-RENEW ON A MONTH TO MONTH BASIS UNLESS YOU CONTACT FORMULA 3 FITNESS BY EMAIL AT OFFICE@FORMULA3.FIT WITH 30 BUSINESS DAYS WRITTEN NOTICE. ALL AUTO-RENEWALS WILL BE SUBJECT TO ALL NEW CHANGES, PAYMENT, ADJUSTMENTS, AND UPDATES TO THE FORMULA 3 FITNESS AGREEMENT TERMS AND PROVISIONS AND THE BUYER AND/OR MEMBER(S) WILL ABID AND HONOR ALL NEW CHANGES, PAYMENT ADJUSTMENTS, AND UPDATES MADE BY FORMULA 3 FITNESS. 72 HOURS NOTICE IS REQUIRED TO UPGRADE OR DOWNGRADE YOUR MEMBERSHIP PRIOR TO YOUR NEXT BILLING DATE.
10. ATTENDANCE NO SHOW / NO CANCEL FEE:
THE BUYER AND/OR MEMBER(S) WILL RECEIVE 1 FREE NO SHOW/NO CANCEL. FOR EACH ADDITIONAL NO SHOW/NO CANCEL THE BUYER AND/OR MEMBER(S) WILL BE CHARGED A $5 NO SHOW/NO CANCEL FEE. IF YOU KNOW YOU CAN’T MAKE IT IN, CANCEL YOURSELF OUT OF THAT SESSION SO SOMEONE ELSE CAN USE YOUR SPOT. IF YOU DO NOT CANCEL AND YOU DO NOT ATTEND / SHOW UP YOU ARE TAKING A SPOT FROM SOMEONE ELSE WHO WANTS TO BE THERE, THEREFORE YOU WILL BE CHARGED $5 FOR EACH CLASS THAT YOU REGISTER FOR AND THEN DO NOT SHOW UP FOR AKA NO SHOW.
11. HEALTH WARRANTY:
THE BUYER AND/OR MEMBER(S) REPRESENT THAT THE BUYER AND/OR MEMBER(S) IS IN GOOD HEALTH AND HAS NO DISABILITY, IMPAIRMENT MEDICAL CONDITION OR ILLNESS PREVENTING THE BUYER AND/OR MEMBER(S) FROM ENGAGING IN EXERCISE, USE OF FORMULA 3 FITNESS FACILITIES OR THAT POSES A HEALTH RISK TO OTHER USERS OF THE FACILITY. THE BUYER AND/OR MEMBER(S) AND BUYER ASSUME FULL RESPONSIBILITY FOR THE BUYER AND/OR MEMBER(S) MEDICAL CONDITION AS IT RELATES TO HIS/HER ABILITY TO ENGAGE IN EXERCISE. THE BUYER AND/OR MEMBER(S) AND BUYER AGREE THAT THE BUYER AND/OR MEMBER(S) WILL NOT USE ANY OF FORMULA 3 FITNESS FACILITIES WITH OPEN CUTS, ABRASIONS, SORES, INFECTIONS, CONTAGIOUS CONDITIONS OR MALADIES WHICH MAY IMPOSE A HEALTH RISK TO OTHERS IN ACCORD WITH STATE AND LOCAL HEALTH REQUIREMENTS.
12. COMMUNICABLE DISEASE WAIVER:
PARTICIPATION AT FORMULA 3 FITNESS IS AT THE MEMBER’S OWN RISK REGARDING EXPOSURE TO ILLNESSES SUCH AS COVID-19, FLU, RSV, MRSA, MONKEYPOX, OR ANY CURRENT OR FUTURE OUTBREAK. MEMBERS WAIVE ALL RELATED CLAIMS.
13. ASSUMPTION OF RISK / PERSONAL INJURY:
THE BUYER AND/OR MEMBER(S) ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY PERSONAL INJURY SUSTAINED BY THE BUYER AND/OR MEMBER(S) (AND CHILD/CHARGE) AS A RESULT OF HIS/HER PHYSICAL EXERCISE, USE OF FACILITIES AND EQUIPMENT, CLASS PARTICIPATION AND/OR INSTRUCTION BY PERSONAL TRAINER, AND ALL OTHER ACTIVITY AT THE FACILITY. THE BUYER AND/OR MEMBER(S) AND BUYER RELEASE AND DISCHARGE FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND AGENTS FROM ANY AND ALL LIABILITY, LOSS, OR EXPENSE (INCLUDING LEGAL COSTS) INCURRED BY THE BUYER AND/OR MEMBER(S) AND BUYER AS A RESULT OF SUCH PERSONAL INJURY AND USE OF FACILITIES AND SERVICES EXCEPT TO THE EXTENT THAT SUCH INJURY RESULTS FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF FORMULA 3 FITNESS, ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS.
14. CHANGE OF NAME / ADDRESS:
THE BUYER AND/OR MEMBER(S) MUST NOTIFY FORMULA 3 FITNESS IN WRITING VIA EMAIL AT OFFICE@FORMULA3.FIT OF ANY CHANGE IN NAME OR ADDRESS.
15. RULES, REGULATIONS, AND SCHEDULES:
THE BUYER AND/OR MEMBER(S) AGREE TO FOLLOW ALL RULES AND REGULATIONS, WHETHER POSTED AT THE FACILITY, ISSUED ORALLY, OR COMMUNICATED ONLINE AT WWW.FIT716.COM. ATHLETIC ATTIRE MUST BE WORN AT ALL TIMES. ALL RULES, REGULATIONS, SCHEDULES, AND FEES ARE SUBJECT TO CHANGE AT THE SOLE DISCRETION OF FORMULA 3 FITNESS.
16. SAFE ENVIRONMENT:
FORMULA 3 FITNESS ENFORCES A STRICT ZERO-TOLERANCE POLICY AGAINST ANY FORM OF HARASSMENT TOWARD MEMBERS, EMPLOYEES, OR THE BUSINESS ITSELF. VIOLATIONS MAY RESULT IN IMMEDIATE MEMBERSHIP REVOCATION AND LEGAL ACTION.
17. PICTURES, VIDEOS, ADVERTISING, AND SOCIAL MEDIA:
THE BUYER AND/OR MEMBER(S) ACKNOWLEDGE THAT THEY MAY APPEAR IN PHOTOS OR VIDEOS USED FOR ADVERTISING OR SOCIAL MEDIA PURPOSES. TO DECLINE, MEMBERS MUST COMPLETE AND SIGN A FORMULA 3 FITNESS PRIVACY FORM, AVAILABLE VIA EMAIL AT OFFICE@FORMULA3.FIT.
18. FACILITIES, EQUIPMENT, AND SERVICES:
FACILITIES, EQUIPMENT, SERVICES, CLASSES, AND HOURS ARE SUBJECT TO CHANGE AT THE SOLE DISCRETION OF FORMULA 3 FITNESS. TEMPORARY CLOSURES DUE TO MAINTENANCE, WEATHER, REPAIRS, OR SPECIAL EVENTS DO NOT ENTITLE MEMBERS TO REFUNDS OR REDUCTIONS. IN THE EVENT OF SERVICE INTERRUPTION EXCEEDING THREE (3) MONTHS, FORMULA 3 FITNESS MAY FREEZE MEMBERSHIPS AND EXTEND LOST TIME ONCE OPERATIONS RESUME. MEMBERS ARE RESPONSIBLE FOR ANY DAMAGE THEY OR THEIR GUESTS CAUSE TO THE FACILITY.
19. PERSONAL PROPERTY WAIVER:
FORMULA 3 FITNESS IS NOT LIABLE FOR THE LOSS, THEFT, OR DAMAGE OF ANY PERSONAL PROPERTY BROUGHT INTO THE FACILITY. THE BUYER AND/OR MEMBER(S) WAIVE ANY CLAIMS AGAINST FORMULA 3 FITNESS AND ITS AGENTS FOR SUCH INCIDENTS.
20. RETURN POLICY FOR MERCHANDISE, PRODUCTS, PROGRAMS, AND SERVICES:
ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES ARE PERMITTED, INCLUDING PROMOTIONAL ITEMS, CHALLENGES, HEART RATE MONITORS, T-SHIRTS, AND TRIALS. PURCHASED (NON-PROMOTIONAL) MERCHANDISE THAT IS UNOPENED AND UNUSED MAY BE RETURNED WITHIN 30 DAYS FOR IN-HOUSE CREDIT ONLY. OPENED OR USED MERCHANDISE AUTHORIZED FOR RETURN IS SUBJECT TO A 25% RESTOCKING FEE DEDUCTED FROM THE CURRENT LISTED PRICE.
21. SOLICITATION, CONDUCTING BUSINESS, TRAINING & INSTRUCTION:
NO SOLICITATION, BUSINESS ACTIVITIES, FITNESS TRAINING, OR INSTRUCTION OF ANY KIND IS PERMITTED AT FORMULA 3 FITNESS FACILITIES WITHOUT PRIOR WRITTEN APPROVAL FROM THE OWNERS OF FORMULA 3 FITNESS AND/OR ITS PARENT COMPANY.
22. AGREEMENT APPROVAL & RIGHT TO REVOKE MEMBERSHIP:
FORMULA 3 FITNESS RESERVES THE RIGHT TO APPROVE, REFUSE, SUSPEND, OR REVOKE ANY MEMBERSHIP AT ITS SOLE DISCRETION WITHOUT REFUND.
23. TEMPORARY CLOSURE OF SERVICES:
MEMBERSHIP TIME AND PAYMENT WILL BE SUSPENDED AND ADDED TO THE END OF THE TERM IF CLOSURE OCCURS DUE TO REASONS BEYOND CONTROL (E.G., NATURAL DISASTER, PANDEMIC).
24. GOVERNING LAW:
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.
25. ENTIRE AGREEMENT:
THIS AGREEMENT IS THE FULL AND COMPLETE UNDERSTANDING BETWEEN THE PARTIES. NO MODIFICATIONS ARE VALID UNLESS IN WRITING AND SIGNED.
26. BINDING ARBITRATION:
ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE LAWS OF THE STATE OF NEW YORK.
27. ATTORNEY’S FEES:
IN THE EVENT OF ANY DISPUTE OR LEGAL ACTION, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEY’S FEES AND COSTS.
28. FACILITY ACCESS AT OWN RISK:
MEMBERS ACCESSING THE FACILITY DURING NON-COACHED OR UNATTENDED HOURS DO SO ENTIRELY AT THEIR OWN RISK. FORMULA 3 FITNESS ASSUMES NO LIABILITY FOR ANY INJURIES, ACCIDENTS, OR INCIDENTS OCCURRING DURING SUCH TIMES.