Membership Agreement

Chinatown ID Fitness LLC Terms & Conditions

1.  MEMBER FITNESS. By agreeing and/or signing this agreement, Member represents warrants and ensures that they have an opportunity to use the facilities and equipment offered by Chinatown ID Fitness LLC (“CIDF”) and that they are physically and mentally able to take classes and use equipment offered at CIDF in that program and/or any others in which Member may participate. Membership is non-transferable.

2. UNAVAILABILITY.  If the CIDF’s facilities both online and in person (hereby known as ‘facilities’) are unavailable for use for a period in excess of 30 consecutive days, the Member’s program will be extended for a period of time equal to the time of unavailability, but no refund or credit will be due to the Member. Upon notice to CIDF, the Member may cancel this agreement if CIDF’s facilities are unavailable for more than 90 consecutive days. Within 30 days of receipt of such notice, CIDF shall refund to the Member the unused pro-rata portion of the contract (cash) price, excluding any initiation fee, paid by the Member. Notwithstanding the foregoing, CIDF may close its facility on holidays, for a period of time not exceeding three weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.

3. LIABILITY WAIVER AND RELEASE.  The member understands and agrees that strict observation of CIDF’s rules and regulations relative to general fitness training and exercise. The Member understands and agrees that the use of CIDF’s facilities and the Member’s presence at CIDF’s facility are at the sole risk of the Member. The Member understands and agrees that general fitness training and exercise involve skills and training which include repetitive, strenuous, and sudden movements and that such movements may result in personal injury to the Member, despite precautions taken to avoid such injuries. Member hereby consents to engage in such fitness training and exercise as may be necessary or required by Member’s participation in the training program and/or classes.

Member, on behalf of him/herself and anyone claiming by or through the Member, hereby holds harmless, releases and forever discharges CIDF, its officers, directors, employees, agents and representatives and CIDF and its instructors, agents, employees, operators and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury or expense incurred by the Member and arising from the Member’s execution of this agreement, payment processing, participation in any program offered by CIDF, including, but not limited to, any injury or damage caused by the negligence or willful misconduct of CIDF, its instructors, Members, agents, employees, operators, or authorized representatives. The Member specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her execution of this agreement and participation in any program offered by CIDF.

4. CLASSES. Scheduling and content of classes and programs, furnishings of facilities and provision of instructors to teach and supervise classes and practice sessions are at the sole and absolute discretion of CIDF and may be changed at any time by CIDF. By agreeing and/or signing this agreement, the Member receives membership at a greatly reduced price.  If the Member no longer wishes to continue or defaults on this agreement, Member may be billed at the rate of $30.00 per class taken. CIDF may raise the price of ongoing memberships by providing advance notice equal to the notice period required for cancellation stated herein.

5. SIGNATORIES. Any person(s) agreeing and/or signing this agreement, whether as a Member, co-signer, or otherwise shall be jointly, severally and individually liable to CIDF for the full contract price as if such person signed as the Member. All persons signing this agreement assume responsibility for all costs if collection, including but not limited to collection agency fees, court costs, attorney’s fees and late charges that may be incurred in the event of a default. Any person(s) signing this agreement authorizes the use of disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.

6. COMPLIANCE WITH LAWS. This agreement shall be governed by the laws of the State in which Business is located.  All rights and obligations of the Business and Member under this agreement are subject to all applicable federal, state and local laws and regulations.  To the extent that the terms and conditions of this agreement conflict with any applicable statute, rule or regulation in effect at the time of execution of this agreement governing transactions of the type contained herein, the agreement shall be deemed revised to conform with such statutes, rules and regulations.  The Business and Member shall be bound by the modified agreement and agree that no other modification shall be enforceable unless in writing and signed by the parties.  This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.  The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision.  The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.

7. ACCEPTANCE OF MEMBER. By signing this agreement, Member agrees to fully and completely comply with all terms and conditions hereof and CIDF’s rules and regulations.  Failure to comply with the CIDF’s rules and regulations provided on the gym’s website (chinatownidfitness.com) is grounds for immediate suspension or termination of the Member. CDIF rules and regulations listed on the website may be changed at any time by CIDF. Suspension or termination shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due.  The failure or inability of Member to use the facilities, classes or equipment of CIDF for any reason, except as otherwise provided herein does not relieve or suspend the Member’s obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit.  CIDF and those acting under its authority reserve the right to use photographs, videotapes, artwork or other likenesses of the Member for marketing, trade, publishing or any other lawful purpose.  Member understands and agrees that full payment of tuition is not a guarantee or promise of advancement.

8. DEATH OR DISABILITY. Member may cancel if member dies or becomes permanently disabled. Cancellation requires the member or member’s estate seeking relief under this clause to provide proof of disability.  A physical disability sufficient to warrant cancellation of the contract by the member shall be established if the member provides a certification of such permanent disability by a medical doctor.

9. RELOCATION. Upon notice to CIDF and satisfactory proof of relocation, Member may cancel the agreement if Member or CIDF moves more than 25 miles from Member’s current residence.

10. BUYERS RIGHT TO CANCELLATION. This agreement may be cancelled by Member for any reason without the penalty or further obligation within 3 days from the date hereof (the “BUYER’S RIGHT TO CANCELLATION”).  Cancellation shall be made in writing and mailed to CIDF via certified mail.  All money paid shall be refunded by CIDF within 30 days of the exercise of the Right to Cancel, except that CIDF may retain expenses actually incurred and the portion of the total price representing the services used and completed based on an hourly rate of $35/hour.  Down payments are non-refundable. All membership requires a 30-day cancellation notice upon completion of termed agreement. Memberships are not automatically canceled.

The Member understands that after the Right to Cancel expires, except as specifically provided herein, this agreement may not be canceled, and all payments through the end of this agreement shall be due and payable as provided herein.  To cancel this agreement pursuant to any right contained herein, the Member shall submit, to CIDF, a completed CIDF Cancellation Form, which can be obtained from CIDF, by certified mail return receipt requested, or by personal delivery to the address specified in this agreement for CIDF.  Within 30 days of receipt of the Cancellation Form, any money to be refunded to the Member shall be paid By CIDF and any automatic transfer shall be canceled.  If the Member has executed a credit, lien or automatic funds transfer agreement to pay for services, any such agreement executed by the Member shall be destroyed.  Failure to attend class does not constitute or imply notification to or cancellation of this agreement.  Membership is cancelled when all payments due within the specified notification period have been received.  If a notification period is not specified, 30 days’ notice is implied.  Member retains membership rights and privileges until the notice period expires. All memberships will go into auto renewal of a month-to-month membership once the original membership completes.  If you choose not to auto renew contact us through email: cidfbilling@gmail.com before your membership ends.

11. DEFAULT.  Non-payment of scheduled monthly payments in excess of 60 days shall constitute default under this agreement.  If this agreement is in default, the entire amount owed hereunder shall become immediately due and payable, litigation may be initiated to collect all amounts due or the account referred to collection.  In the event of default in payment or breach of this agreement, CIDF shall be entitled to recover their reasonable attorney’s fees, court costs, and, if applicable, interest on any past due amount at the rate of $25.00 for each month a payment declines. After 60 days, CIDF reserves the right to assign all delinquent accounts to collections.

12. CONSUMER NOTIFICATION.  CIDF is an authorized agent to bill and collect Member tuition on behalf of CIDF.  CIDF is a billing company not a collection agency or finance company.  However, CIDF may refer an account to a collection agency or attorney’s office for debt collection and/or reporting.

13. COVID-19 SUSPENSIONS.  CIDF members are able to receive a complementary suspension if diagnosed with or due to COVID-19. Please fill out a billing request form and have any documents ready to prove financial hardship during this time.

14. MEMBERSHIP PAUSE. Members are allowed to pause their membership to CIDF for a maximum of three (3) contiguous months for a membership pause fee of $10 per month. Members are responsible for informing CIDF of their request to pause their membership and their expected date of return (if available) via email to cidfbilling@gmail.com. Upon the end of the requested pause period, the member’s membership will resume back to its normal rate and automate payment schedule, and the total time paused will be added back to the total duration of the member’s membership. Using CIDF training, equipment and facilities without alerting the CIDF billing team and restarting the member’s membership will result the member being charged the drop-in rate for each day the member uses CIDF training, equipment and facilities.

By filling out the below form, you agree to the above membership agreement terms.