MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Challenge Fit LLC Inc. (“Challenge Fit LLC”), and you (“Member” or “Members”). Challenge Fit LLC is a boutique fitness studio offering group fitness and yoga classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered including but not limited to our focus space and play space, unless noted otherwise.

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Please review this Agreement thoroughly as it is a legal contract between Challenge Fit LLC and all members. By using the services offered at Challenge Fit LLC, members are agreeing to the terms of this Agreement.

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PURCHASES AND PAYMENT

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PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership was initially purchased, for the following month. Monthly membership payments shall be made via automatic debited payment (credit card, debit card, or automatic checking account draft). 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.

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CLASS CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES: Members are solely responsible for the booking and cancelling of their classes. Members must reserve class spots online through their member account.

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CHECK-IN: Members are required check-in at the front desk before entering their scheduled class no later than 5-minutes after the start time. If a member does not enter their classroom by this time, it is considered a no-show and Challenge Fit LLC reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

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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 a member’s account. If the class is cancelled within this time the member will not be charged the cancellation fee.

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Cancellations via email, Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

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LATE CANCELS/NO SHOWS: If you do not cancel within the 12-hour requisite window, a late-cancel fee of $5 will be charged to your account after one grace late cancel has been used. If you do not cancel and do not show up to your scheduled class, a no-show fee of $12 will be charged to your account. An invoice with fees due will be sent to your email and must be paid in full by the specified date to avoid suspension of membership.

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The no-show and late-cancel fees apply to ALL members equally regardless of special pricing or membership level.

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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. Challenge Fit LLC staff cannot be held responsible for accidental bookings by members, 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.

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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 waitlist, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. If a spot opens, you’ll have one hour to confirm your spot in class before it’s offered to the next member on the waitlist. Challenge Fit LLC staff cannot move class slots for members in classes that are completely full with waitlists.

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PLAN PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

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PLAN PURCHASES: By purchasing a membership plan from Challenge Fit LLC, you agree to the Terms and Conditions in full (see below). Plans cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Specially priced expiring plans may not be extended, transferred, refunded, shared, or frozen. Challenge Fit LLC staff will not adjust or extend special plans due to waitlisted classes or accidental bookings through the acts or omissions of members.

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CREDIT CARD ON FILE: Members must elect to keep a credit card on file using their Challenge Fit LLC account online. By placing a card on file, the cardholder and account holder gives permission to the Challenge Fit LLC staff to charge the card for any auto-debit plans and/or cancellation fees accrued in accordance with the Challenge Fit LLC cancellation policy detailed above.

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AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Challenge Fit LLC 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) Challenge Fit LLC 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. Challenge Fit LLC 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 Challenge Fit LLC booking system allows for booking through the available booking period 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. Challenge Fit LLC 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

By 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 Challenge Fit LLC 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 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 Challenge Fit LLC staff, you would be at physical risk participating in Challenge Fit LLC’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Challenge Fit LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Challenge Fit LLC’s concerns and stating that Challenge Fit LLC's concerns are unfounded.

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In consideration for 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 Challenge Fit LLC, 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 Challenge Fit LLC’s 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 Challenge Fit LLC's Classes and Facilities, and should not be participating in any Classes.

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CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time after the completion of the initial contract period as outlined in the description of your chosen plan or membership. When canceling a plan, the membership will remain active until the end of the billing period in which the payment was made (i.e. If the plan was paid on 11/2/2023 and a member cancels on 11/3/2023, the membership will remain active until 12/1/2023. If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Challenge Fit LLC, 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 Challenge Fit LLC reserves the right to pursue additional avenues or means to receive monies owed. This Membership Agreement may be cancelled prior to the completion of the initial contract period as outlined in the description of your chosen plan or membership upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Challenge Fit LLC’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves further than twenty five (25) miles from Challenge Fit LLC. The member shall provide proof of new residence.

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No refunds or cancellations will be granted for reasons other than those listed above. Challenge Fit LLC reserves the right to modify or amend the services and facilities offered by Challenge Fit LLC under the terms of this agreement. Such modifications may include access to virtual services in the event of a temporary closure of the facilities.

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MISCELLANEOUS

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CONDUCT/DAMAGES: Challenge Fit LLC is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Challenge Fit LLC’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Challenge Fit LLC has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. The member shall pay for any damages to Challenge Fit LLC’s property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Challenge Fit LLC reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Challenge Fit LLC.

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PHOTO/VIDEO RELEASE: You hereby grant Challenge Fit LLC, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Challenge Fit LLC and to use and publish these photos or videos in print and/or electronically. You agree that Challenge Fit LLC may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.

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You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the third business day of the health studio after the date of this Agreement, excluding Sundays and holidays.

To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Chad or Ashley Allen at 31 Glaciers Edge Square, Cross Plains, WI 53528 or to getchallengefit@gmail.com.

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ADDITIONAL SPECIFIC TERMS AND CONDITIONS

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MEMBERSHIP AUTOPAY POLICY

We offer monthly memberships for our studio classes which gives you unlimited access to our classes for the month.

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Our memberships auto-renew every month on the calendar date of initial purchase. By purchasing one of our memberships you authorize Challenge Fit LLC to charge the credit card on file each month until you cancel this membership. Each monthly payment is non-refundable.

By purchasing our memberships, you are entering a month-by-month contract term. You authorize Challenge Fit LLC to charge your credit card on file for the purchase of another monthly membership until plan is canceled.

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At the end of your monthly contract term, this membership automatically renews for an additional 1-month period. No action is required on your part unless you wish to cancel your membership.

If you reserve a class using your membership and you no-show or late cancel (i.e. cancel within 12-hours of class start) for a class, you will be charged either a $5 late-cancel fee or a $12 no-show fee.

This membership cannot be put “on hold” or suspended.

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Cancellation of this membership during your initial first-month contract term is not permitted.

IF YOU WISH TO CANCEL YOUR “Monthly Membership” AFTER YOUR INITIAL 1-MONTH CONTRACT TERM, EMAIL getchallengefit@gmail.com OR in your member account AT LEAST 3 DAYS PRIOR TO YOUR NEXT SCHEDULED BILLING DATE.

 

CANCELLATION POLICY

We have an 12-hour cancellation policy. You may cancel any class reservation at least 12-hours prior to class start time with no penalty.

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A class that is cancelled less than 12-hours prior to start time is considered a "Late Cancel" and will be forfeited and assessed a $5 fee.

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A class that is booked but not attended is considered a "No Show" and will be forfeited and assessed a $12 fee.

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CAN I SWITCH CLASSES?

If it is before 12 hours of the class start time, you can switch classes by cancelling the class you are enrolled in and booking a new class time. Same day or last-minute class swaps are still subject to our 12-hour cancellation window.

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HOW DO I CANCEL A CLASS?

Step 1: Log into your member account by clicking “sign-in” at the top of our website.

Step 2: Select "Classes" to view your upcoming class reservations. Select "Cancel" next to the reservation you wish to cancel. If you have trouble cancelling a reservation please contact us via email at getchallengefit@gmail.com.