MEMBERSHIP AGREEMENT
Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between The Body Shop Health & Wellness Center, located at 4327 Roane State Hwy. Rockwood, TN 37854 and you the member. The Body Shop Health & Wellness Center is a boutique fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes.
Please review this Agreement thoroughly as it is a legal contract between The Body Shop Health & Wellness Center and all members. By using the services offered at The Body Shop Health & Wellness Center, members are agreeing to the terms of this Agreement.
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PURCHASES AND PAYMENT
PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Monthly membership payments shall be made the first day of each month, on a month-by-month basis, via automatic debited payment (credit card or debit card). Additional terms regarding the automatic debited payments are outlined below.
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full.
FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. Notice of intent to freeze one’s account must be submitted to The Body Shop Health & Wellness Center in writing no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
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CLASS CANCELLATION AND BOOKING POLICIES
RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through The Body Shop Health & Wellness Center website or by calling The Body Shop Health & Wellness Center during normal business hours and confirming with 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 The Body Shop Health & Wellness Center reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).
CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done online via The Body Shop Health & Wellness Center website, or by calling the studio during regular operating hours and confirming with staff. Once the class is cancelled within this time, the class will be returned to the client’s account, and the client will not be charged the cancellation fee. Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.
MONTHLY MEMBERSHIPS: If you do not cancel within the 12-hour window, a late-cancel fee of $15 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $15 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.
The no-show and late-cancel fees apply to ALL clients equally regardless of membership status or special package pricing or membership level.
If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. The Body Shop Health & Wellness Center staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.
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 within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. The Body Shop Health & Wellness Center staff cannot move class slots for clients in classes that are completely full with wait lists.
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PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
PACKAGE PURCHASES: By purchasing a membership, you agree to The Body Shop Health & Wellness Center Terms and Conditions in full (see below). Packages cannot be shared between members. Monthly and 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 either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. The Body Shop Health & Wellness Center staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file with The Body Shop Health & Wellness Center. By placing a card on file, the cardholder and account holder gives permission to The Body Shop Health & Wellness Center staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with The Body Shop Health & Wellness Center, cancellation policy detailed above.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize The Body Shop Health & Wellness Center 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) The Body Shop Health & Wellness Center will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. The Body Shop Health & Wellness Center 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 Body Shop Health & Wellness Center 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. The Body Shop Health & Wellness Center cannot be held responsible for errors in processing due to expired or inaccurate information.
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AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
IBy 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 The Body Shop Health & Wellness Center 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 group fitness 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 Body Shop Health & Wellness Center staff, you would be at physical risk participating in The Body Shop Health & Wellness Center Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Body Shop Health & Wellness Center with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Body Shop Health & Wellness Center concerns and stating that The Body Shop Health & Wellness Center 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 The Body Shop Health & Wellness Center, 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 The Body Shop Health & Wellness Center 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 The Body Shop Health & Wellness Center Classes and Facilities, and should not be participating in any Classes.
