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MEMBERSHIP AGREEMENT
HOW DID YOU HEAR ABOUT SARGE ATHLETICS?
MEMBER (Please provide name of member)
I AM A PREVIOUS MEMBER (Why did you stop attending?)
SARGE TEAM MEMBER (Who?)
EVENT (Where?)
INTERNET SEARCH/SOCIAL MEDIA: (Which one?)
DRIVE-BY:
WORD OF MOUTH:
HEALTH HISTORY
1. Please indicate if you have had or currently have any serious medical conditions we should be aware of:
2. Please describe any history of hospitalizations, operations and/or serious injuries:
3. Are you currently taking any medications (including non-prescription)? Please provide specifics (i.e., what type, quantity, etc.)
4. Please circle Yes or No to the following for your athlete:
DISCLOSURE AND RELEASE
I (Member), , agree (or for athletes under age 18, agree to allow)
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to participate in a physical fitness and/or nutrition program with a trainer or trainers of Sarge Athletics 2 LLC, DBA SARGE ATHLETICS (“SA”).
I recognize that exercise is not without varying degrees of risk to the musculoskeletal and/or cardio respiratory systems. I hereby certify that I know of no medical problems (except those of which member has informed SA) that would increase Member’s risk of illness and injury as a result of participation in a physical fitness or nutrition program with SA.
Initials (Member or Legal Guardian)
Member understands and has been informed that there exists the possibility of adverse changes during the exercise program. Member has been informed that these changes could include abnormal blood pressure, fainting, disorders of heart rhythm, stroke, and very rare instances of heart attack or even death.
Initials (Member or Legal Guardian)
Members with pre-existing medical conditions including but not limited to, the conditions listed and/or those with any general health concerns should consult with an appropriate healthcare professional before beginning any SA program. Member acknowledges nutrition services are not to be in place of any medications. Member understands the Member is responsible to seek independent advice from a healthcare professional before participating in any in-person or online program including but not limited to, acting on fitness instruction/advice and/or nutrition services/tips offered by SA at its Training Center or on its Website, affiliated apps, or social media channels.
- Pregnant women and women who are breastfeeding or who are trying to conceive a child; persons with any ongoing physical condition such as: cancer or other long term illness; liver disease, kidney disease, or renal failure; a history of eating disorders; persons with diabetes, blood pressure or cholesterol issues.
Online/virtual services may not include any supervision or monitoring of Member activity, and SA is not responsible for any injuries that Member may sustain as a result of following the exercise program or nutrition program on its website, exclusive or third-party apps, or social media content. If Member is unable to complete the exercise or follow nutrition tips due to physical limitation or lack of understanding DO NOT attempt. If Member does attempt, Member will be liable for any injury sustained.
Initials (Member or Legal Guardian)
WAIVER: Onsite/Offsite Training/Event/Online Training
SA is not responsible for any injury (or loss of property) suffered while participating in any activities, using equipment, as a result of improper supervision or instruction, or occurring at SA, for any reason whatsoever, including ordinary negligence on the part of the SA, its agents or employees. I voluntarily participate in SA in-person and/or online programs with the knowledge of dangers involved and hereby release and covenant not to sue the SA, its owners, its employees, trainers, or agents, from any and all present and future claims resulting from acts or emissions on the part of SA or the parties referred to herein. I further agree to indemnify and hold harmless SA and others listed, or any and all claims, losses, causes of action, demands arising as a result of engaging in SA fitness and/or nutrition programs or any activities incidental thereto.
Initials (Member or Legal Guardian)
LIMITATION OF LIABILITY: In no event shall SA be liable to Member or any third party for any incidental, special, consequential, exemplary, or punitive damage from any cause of action arising from the relationship created by this contract whether or not SA has been specifically notified of the likelihood of such damages arising, and whether any cause of action arises in contract, tort, equity, or any other theory of liability. In no event shall the SA’s total liability under this Agreement, whether in contract, tort, equity, or any other theory of liability, exceed the amounts paid by the Member to SA in the 12 months preceding the event, giving rise to the cause of action.
Initials (Member or Legal Guardian) |
PHOTO RELEASE: I hereby authorize SA and its affiliates to use, reproduce, and/or publish all written and/or visual materials, including photographs that may pertain to me. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. I understand that this material may be used in various publications, public affairs releases, recruitment materials, or for other related endeavors. This material may also appear on the corporation's or project sponsor's internet web page. This authorization is continuous and may only be withdrawn by my specific rescission of this authorization provided to Sarge Athletics in writing and attached to this agreement. Consequently, SA or its affiliate(s) may publish materials, use my name, photograph, video and/or make reference to me in any manner that the corporation or project sponsor deems appropriate in order to promote/publicize its services.
Initials (Member or Legal Guardian)
Returning this form (completed) to Sarge Athletics 2 LLC, via written or electronic media shall constitute conclusive proof that I agree to the terms and conditions of this Disclosure and Release form. I acknowledge my responsibility to retain a completed copy of this Agreement for my records.
Member (or Parent/ Legal Guardian) Signature
Date
MEMBERSHIP AGREEMENT
MEMBERSHIP AGREEMENT: This Membership agreement (the “Agreement”) covers the undersigned member’s (“Member” or “you”) purchase of a membership in SA Athletics located at 10082 Tyler Court, Suite #B, Ijamsville, MD 21754 (the “Training Center”) operated by Sarge Athletics, 2 LLC, a Maryland Limited Liability Company, (“SA”). This Agreement is a Contract and will become legally binding upon Member when executed by SA.
MONTHLY DUES: Member shall pay monthly dues by the Due Date to avoid any interest, late fees, or penalties. SA reserves the right to charge additional fees for additional products and services pursuant to SA's policies.
- All Adult and Youth Class agreements begin on the 1st of the month after the enrollment/Membership is purchased/Agreement signed. The class time or training sessions prior to the first month will be prorated accordingly.
- All Personal Training and Semi-Private Training bills every 28-days.
- To qualify for family discounts, there must always be one family member at the full monthly rate. Family is defined as a brother, sister, parent, or spouse/partner.
- Personal Training and Semi-Private Training sessions require 24-hour cancellation notice to avoid having the session charged as used. It is important to arrive on time for a scheduled appointment. Member understands that the Coach/Trainer might have another appointment immediately following his or her session, and therefore tardiness may result in the normal length of the session being reduced.
Monthly dues are not adjusted based on attendance. All training schedules and Coaches assigned are subject to change.
ADDITIONAL TERMS & CONDITIONS: Additional terms and conditions printed/listed elsewhere on this Agreement and/or Membership Agreement are part of this Agreement. They bind you in the same way as if they were printed/listed on the front of this Agreement.
SUSPENSION/REVOCATION: SA may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason. SA may suspend or revoke membership if any membership dues are delinquent for 30 days or more. Suspension or revocation of membership dues does not relieve member of the obligation to pay any unpaid balance to under this Agreement.
Membership Types:
YOUTH ATHLETE SEASONAL OPTION (No Ongoing Commitment):
10-Class Pass for $199*
*Notify hello@sargeathletics.com with any changes to continue training*
YOUTH ATHLETE CONDITIONING (Initial Commitment/ 1st of the Month Billing):
3 Months Unlimited: $329/mo.
12 Months Unlimited: $229/mo.
2nd Sibling: 3 Months Unlimited: $279/mo.
2nd Sibling: 12 Months Unlimited: $179/mo.
3rd Sibling: 3 Months Unlimited: $229/mo.
3rd Sibling: 12 Months Unlimited: $129/mo.
PERSONAL TRAINING (3-Month Commitment/ 28-Day Billing Cycle):
4 x Week (16/mo.): $999/mo.
3 x Week (12/mo.): $839/mo.
2 x Week (8/mo.): $599/mo.
1 x Week (4/mo.): $359/mo.
SEMI-PRIVATE TRAINING (3-Month Commitment/ 28-Day Billing Cycle):
3 x Week (12/mo.): $395/mo.
2 x Week (8/mo.): $325/mo.
1 x Week (4/mo.): $200/mo.
Family/Jumbo Pack (18/mo.): $540/mo.
Drop In Rate: $50 a session (no ongoing commitment)
ADULT TRAINING CAMP (Initial Commitment/ 1st of the Month Billing):
3 Months Unlimited: $205/mo.
12 Months Unlimited: $155/mo.
OTHER:
Please enter custom program/package name, length, AND rate, etc:
AUTOMATIC RENEWAL FOR MEMBERSHIP SERVICES. (Not Applicable to Winter/Seasonal Specials/Drop-In Rates) FOR YOUR CONVENIENCE, YOUR MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE EXPIRATION OF THE INITIAL AGREEMENT PERIOD (AND EACH SUCCESSIVE MONTHLY PERIOD) ON A MONTH-TO-MONTH BASIS AT THE THEN- CURRENT NON-PROMOTIONAL PRICE FOR YOUR MEMBERSHIP TYPE. If you wish to change or terminate your membership contact us at hello@SargeAthletics.com with 30-days written notice. If you terminate your membership during the Agreement Period or any then-current term, you may use your Membership until the end of the Agreement Period or then-current term and your Membership will not be renewed after the Agreement Period or then-current term expires. You will not be eligible for a prorated refund of any portion of the Membership fee paid for the Agreement Period or then-current term, and you will remain responsible for all outstanding Membership fees (if any) for the remainder of the Agreement Period or then-current term.
- By purchasing a Membership, you authorize Sarge Athletics to charge your payment provider now and on a monthly basis, in advance, for your Membership. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in Sales Tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Upon renewal of your Membership, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your Membership and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, any new membership agreement period will begin as of the day payment was received).
- Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
LEGAL GUARDIAN: Any member who is under the age of 18 must have a parent or legal guardian (a “Legal Guardian”) cosign and guaranty this Agreement. The Legal Guardian, along with Member agrees to be bound by all the terms and conditions of the Agreement. The Legal Guardian assumes any liability pursuant to the terms of this Agreement of Member, who is under the age of 18.
GUARANTY: The Legal Guardian, who signs below irrevocably and unconditionally personally guarantees all Member’s obligations, without limitation, which are or may be owed to SA pursuant to the terms of this Agreement. SA may extend the time allowed for payment, modify this Agreement, and release Member without affecting the obligation of the Legal Guardian. The Legal Guardian waives notice of acceptance of the guaranty. The Legal Guardian assumes all liability of Member, who is under the age of 18 years, and represents and warrants that he or she has received sufficient consideration for providing the foregoing guaranty. If applicable, Guarantor is cosigning this Agreement for the benefit of Member who is under 18 years old.
By signing below, you certify that the information on this Agreement is true and complete, that you have received a completed copy of this agreement, the rules and regulations, and agree to be bound thereby, and you authorize SA to verify any information pertaining to your credit and financial responsibility.
Member Signature:
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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Legal Guardian Signature/Guarantor (if applicable)
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RIGHTS OF CANCELLATION:
a) You may cancel this Agreement by sending notice of your wish to cancel to SA before midnight on the third business day after you sign this Agreement. Business Day means Monday through Friday excluding state holidays and federal holidays. This notice must be sent by certified mail to the following: Sarge Athletics, 10082 Tyler Court, Suite B, Ijamsville, MD 21754. Within 30 days of receipt of this notice, SA shall return any payments made. If you use SA services or the Training Center, SA may deduct a reasonable fee from the payment being returned based on the actual fee paid divided on a pro rata share by the number of days used by you.
b) You or your estate may also cancel the Agreement at any time by written notice to SA at the above address if the following circumstances occur.
- Your death or
- Your substantial physical disability certified by a physician, which makes it permanently impossible for you to use the Training Center and SA services.
- Your permanent relocation to a residence over 25 miles distance from this Training Center. In order for this provision to apply, member must provide proof of member’s new address, phone number, the name and address of your new employer, if any, and evidence that your relocation is permanent. If member remains within 25 miles of Training Center, this agreement will remain in effect.
c) The right of cancellation shall affect only the financial obligations under the Agreement and your right to use SA services and the Training Center.
d) This Agreement may be cancelled at any time after the initial agreement term by hand delivering written notice to the Training Center or by submitting written notice at least 30 days prior to the next monthly billing date to hello@sargeathletics.com or online at SargeAthletics.com.
MEMBERSHIP FREEZE: You may request the suspension/freeze of membership fees for a period of no more than 60 days under the following circumstance(s):
a) Your physical disability certified by a physician, which makes it impossible for you to use the training center or SA’s services for at least thirty (30) consecutive days or more;
b) You travel for at least thirty (30) consecutive days or more outside of 50 miles distance from the training center, confirmed by flight/hotel confirmation records and/or verified by an employer’s letter of advising of assignment relocation.
Any suspension/freeze time will extend the initial Agreement period until the full length of Agreement period has been satisfied. Requests must be submitted in writing at least 30 days prior to the monthly billing date.
RETAIL ITEMS/PRODUCTS/SPECIAL EVENTS: Member agrees to make payment at the time of purchase on retail items/products/events that may be sold by SA and authorizes SA to initiate debit entries to the debit card/credit card on file. The transaction of your bank statement will constitute receipts for payments.
REQUESTS FOR PRE-AUTHORIZATION OF PAYMENT: I / We hereby request the privilege of paying Sarge Athletics 2, LLC, dba Sarge Athletics (SA) through their billing services (MindBodyOnline) and further authorize SA to draw items (charge card) for the purpose of paying said statement payments, including any late fees or service fees on the account of:
Subject to the following conditions: 1) the item shall be drawn on or about the date or dates of payment schedule, the transactions on your bank statement will constitute receipts for payments on your account. 2) If the regular payments set forth on the payment schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you choose to instead get this notice, only when the payment would differ by more than $50 from the most recent payment by executing this agreement. The privilege of making payments under this arrangement may be revoked by SA if any item is not paid upon presentation. If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (payment schedule) 6) A service fee will be assessed and drafted for any credit card or order returned for insufficient funds or for any other reason. A late fee will be assessed and drafted should any monthly payment become past due. This pre authorization payment arrangement shall apply to the following applicants: |
Cardholder Signature
Date
CHANGES TO PAYMENT INFORMATION: Member is responsible for ensuring that all payment information submitted for credit card draft billing is accurate, current and complete. If at any time member needs to update any payment method or information associated with the payment method, Member must call or write at least 30 days prior to the payment due date to ensure a timely payment of dues and to prevent any interest charges late fees or other penalties from accruing. Member must submit the required notice of any billing changes to Member@SargeAthletics.com or visit SargeAthletics.com. Change of payment method will not affect provisions or terms of this agreement.
NOTICE: Any holder of this Agreement is subject to all claims and defenses which the debtor should assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the debtor shall not exceed amounts paid by the debtor here under.
ADDITIONAL TERMS & CONDITIONS: The hours of operation will be set by SA and may change at its sole discretion. Reasonable notice of any such change in the hours of operation will be posted within the Training Center. In addition, SA reserves the right to make or change reasonable rules and regulations available from SA for the operation and use of the Training Center. Further, SA expressly reserves the right to add to eliminate or alter any program, equipment, furniture, and fixture when deemed necessary or desirable in SA’s judgment.
PRICING INCREASES: SA reserves the right to increase membership fees 5% annually beginning January 1st of each subsequent year.
FORCE MAJEURE. SA shall not be liable for any delay or failure to perform obligations under this Agreement resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.
- In the event SA is required to close due to no fault of its own for 1 month or more, Member agrees to receive available virtual livestream and/or online library fitness and/or nutrition services for the duration of Training Center closure. Force Majeure does not absolve member’s payment of monthly dues.
GOVERNING LAW: This Agreement shall be governed by the internal laws of the state of Maryland, without regard to its conflict of law principles. If any portion of this agreement is held invalid or unenforceable, that provision is severed from this agreement, and the remaining portions of this Agreement shall remain in full force and effect.
CONSENT TO CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and email address provided on this Agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees SA including its agents and affiliates may contact Member at any mailing address, phone number or email address set forth on the forth in this Agreement or subsequently provided by Member to SA.
- It is the responsibility of the Member to provide SA with updated current address mail information to ensure proper notice are received by you, the Member.
PARTIES: In this Agreement, the words you, your, and yours, all mean persons signing the Agreement as Member. The words we, us, SA means Sarge Athletics 2, LLC, or any other entity to whom we may transfer this agreement.
NO WAIVER OF RIGHTS: SA does not waive its rights to any future payments under this Agreement it accepts a late or partial payment or delays enforcement of any of its rights under this Agreement on any occasion.
ELECTRONIC SIGNATURE: You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide SA or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing.
NOTICE TO THE MEMBER: MEMBER ACKNOWLEDGES THAT MEMBER HAS READ AND RECEIVED A COMPLETED COPY OF THE AGREEMENT, INCLUDING ALL DISCLOSURES MADE IN COMPLIANCE WITH FEDERAL AND STATE LAWS.
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.
ENTIRE AGREEMENT: No oral promises, statements, warranties, or representations either expressed or implied are included in this Agreement or in addition or contrary to any written part or portion of this Agreement. This Agreement constitutes the entire agreement between the Member and SA.
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NOTICE OF CONSUMER RIGHTS
Sarge Athletics 2 LLC, DBA SARGE ATHLETICS (“SA”)
1. Our business registration number with the state’s Consumer Protection Division is E5147.
2. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months of payment in advance or charge initiation fees over $200.
3. If Sarge Athletics is closed for a month or more, you are entitled to your choice of either an extension of the agreement or a prorated refund. If the closing is not the fault of the business, we are entitled to choose either the extension or refund.
4. You have the right to cancel this agreement within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.
5. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the agreement. Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so that we are not holding more than three months of payment in advance.
This notice is an integral part of the application and contract for membership.
Member (or Legal Guardian) Signature
Date
10082 B Tyler Ct. Ijamsville, MD 21754
1-866-POWER85 SargeAthletics.com V21.01