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Waiver, Release, and Assumption of Risk Agreement
I acknowledge that fitness activities have inherent risk, dangers and hazards and that my participation in exercise activities may result in injury or death and by participating in these activities and using the equipment and facilities of Chuze Fitness, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or the conduct of the Released Parties (as defined below), their employees, or any other person. I expressly agree that all exercises shall be undertaken by me at my sole risk. Accordingly, I on behalf of myself, my spouse, children, heirs, personal representatives, executors and assigns and anyone claiming by or through any of the foregoing, hereby voluntarily agree to waive, forever release and discharge, hold harmless, defend and indemnify Rachas Inc and Chuze Fitness and their respective owners, directors, managers, employees and agents (collectively, the “Released Parties”) from any and all claims, demands, personal injuries, property damage, wrongful death, loss of services, damages, actions or causes of action whatsoever arising out of or connected with my use of the services, equipment and/ or facilities of Rachas Inc. and/or Chuze Fitness (the “Released Claims”), even if the Released Claims are caused in whole or in part by the negligence of any of the Released Parties. I have read, this contract (including the waiver and release set forth above), and I understand it and voluntarily sign it.
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Cancellation Policy
- Chuze Fitness requires a 10 day written notice prior to any monthly billing date to cancel and avoid any future charges.
- Memberships must be in good standing prior to cancellation.
- You may cancel by coming in to any Chuze location and signing our cancellation form.
- Unable to cancel in person? The easiest option is to cancel online via our billing portal, myiclubonline.com. Or you can click your membership photo in the top right hand corner of the Chuze app. Then click “Membership”. Then “cancel” and follow the prompts.
- If you have any questions or issues at all, please feel free to email us at info@chuzefitness.com or give your home location a call.
- If you signed up for a 12 month commitment, we still require a full 10 day notice before any billing date in order to cancel and avoid future charges.
- If you are cancelling within the 12 month commitment, you may be subject to a $58 cancellation fee prior to cancellation.
- Please review your membership agreement carefully to understand the cancellation policy and $58 cancellation fee.
As a member I agree to and or understand that:
- All membership plans, prices, hours of operation and realize they are subject to change. Basic membership includes access to Home club (where I signed up), fitness equipment & locker rooms. Premium membership includes access to all Facility locations, fitness equipment, locker rooms, and other amenities that vary by location including but not limited to: classes, pool, Jacuzzi, steam, sauna, hydromassage, indoor tanning and guest privileges (which restrictions vary by location). Kids Club is a separate plan and varies by location. Minimum hours are 7am to 7pm but vary by location. The Facility may adjust hours for holidays. See our website for each Facility hours of operation.
- Abide by all Facility rules and understand they are subject to change: CHUZE FITNESS DOES NOT PERMIT: Grunting or loud noises; dropping/slamming weight equipment; swearing or offensive language and clothing; cell phone usage in workout areas; bags or purses in workout areas; jeans, boots, sandals, or mid-driff visible clothing; liquid containers holding more than 1 liter; unauthorized fitness equipment; unauthorized personal training; guest access to Premium amenities (classes, tanning, hydromassage, pool, Jacuzzi, steam room, sauna); unauthorized food or drink; soliciting or loitering; sleeping on premises.
CHUZE FITNESS REQUIRES MEMBERS TO: Wipe down equipment after use; re-rack weights after use; use a lock to secure belongings; remove locks daily; have guests sign in; be present while guests are in the Facility (Premium); obtain a pass for classes; and be kind and courteous to other members and employees who are part of the Chuze Family.
- I am at least 18 years old and have read and voluntarily signed this agreement and all waivers and release & Assumption of Risk agreement.
- The minimum age for membership is 16 years old. Members who are 16 and 17 years old may come in alone as long as parent/guardian has signed all necessary documents; however they will not be permitted use of indoor tanning facilities.
- Guest privileges vary depending on location, and that my guest (if I have a Premium Membership) if ages 13 to 17, must be accompanied by parent or legal guardian. Guests may be asked to present ID to confirm they’re 18 or older.
- Any patrons receiving or performing any form of unauthorized fitness training or instruction will be subject to suspension or termination of their membership.
- The Facility has the right to terminate or suspend my membership if I do not abide by the rules. Cause for termination may consist of violation of any rules or regulations of the Facility or of any conduct that in the opinion of management is prejudicial to the welfare, good order, and character of the Facility.
- Have my picture taken at this time (this allows employees to identify me when I check in).
- The Facility is not responsible for any loss or theft of my personal property in or outside the premises and agree to use my own lock when using a locker.
- Non-use of Chuze Fitness’ Facility does not relieve me of my obligation to make all payments as set forth in this agreement, unless otherwise herein stated.
- Cancellation policies above and am aware that my membership is non-transferable.
- Start-Up Fees, Monthly Dues, Annual Fees and Paid In Full Dues are non-refundable.
- Only credit card on file may be used as an alternate form of payment.
- There is a $10 membership change fee for any upgrades, downgrades, or Home Club transfers.
- My membership and billing may only be frozen or put on hold for medical reasons with a doctor’s note or for military deployment with orders.
- This agreement and any addendums constitute the entire agreement between the Facility and me, the member. There are no verbal agreements.
- If any part of this agreement is held invalid, the remainder of the agreement shall remain in full force and effect.
- To the fullest extent possible by law, for the purpose of any dispute arising from this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State and Federal Courts of California and agree to the application of California law.
- Abide by any Local, State or Federal laws that may pertain to our facilities.
- I have received a copy of this contract and all applicable addendums (Tanning and HydroMassage addendums, if applicable).
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the Facility 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 attorney fees. A default occurs when any payment due under this agreement is not collected on the agreed upon billing date. A $10 service fee will be applied upon any default. If the Member is paying monthly dues by electronic funds transfer (EFT), the facility’s billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial Services
NOTICE TO CUSTOMER You are entitled to a copy of this contract at the time you sign it.
You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either:
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- Send a signed and dated written notice of cancellation by certified mail, return receipt requested; or
- Personally deliver a signed and dated written notice of cancellation to any Chuze location.
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within thirty operating days of receipt of the cancellation notice by the health spa.’Operating day’ means any calendar day on which patrons may inspect and use the facilities and services of the health spa during a period of at least eight hours.”
