MEMBERSHIP AGREEMENT SERVICES: The service being requested is for coaching and/or training services designed to progress the Client toward elite fitness. The Agreement is for these services over a specific period of time or sessions during which the Client is eligible to partake in any and all activities in accordance with their membership package. NC FIT, INC. (“NCFIT”) offers the following membership options to its Clients:
(1) Month-to-Month Memberships and (2) Prepaid Membership. All membership types are non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment, or sale is void and will not be honored.
MEMBERSHIP TERM: The term of the Agreement shall commence on the date of purchase, (or otherwise selected start date noted within the membership plan) and shall continue until the expiration of the membership plan, unless otherwise cancelled in accordance with the provisions of the Agreement.
REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
PAYMENT & BILLING:
Month-to-Month Memberships: Client has multiple options for payment of Month-to-Month Memberships including, Payment in full or monthly payment by credit card, cash, or EFT, per the guidelines of the Agreement. Each month, the monthly payment is charged to the Client's credit card or deducted from the Client's account on the first calendar day (unless the first calendar day falls on a Saturday, Sunday, or holiday, in which case the payment is charged the next business day). In the event the Client starts their Membership prior to or after the first calendar day of the month, the Client will be billed on a prorated basis for their initial month.
Prepaid Membership: Client must pay the full balance for all services included in the Prepaid Membership plan or Session(s) Membership. Payment in full may be made in advance of services by credit card, cash, or EFT, per the guidelines of the Agreement.
Month-to-Month Memberships: Client acknowledges that the Month-to-Month Membership will be automatically renewed upon expiration. Each term shall begin the day following the previous expiration date and shall continue, in perpetuity, until such time as Client follows the necessary cancellation process. Client may also incur an inflation fee increase of 3% annually on January 1st. This increase may be automatic, and no advanced notice of such increase is required.
Prepaid Memberships: Client acknowledges that Prepaid Memberships will NOT automatically renew and will expire at the end of the term.
CLIENT'S RIGHT TO CANCEL:
Month-to-Month Membership Agreements: The Client may terminate the Month-to-Month Membership Agreement, without penalty with fifteen (15) days advance written notice of their billing date. Written notice stating that you, the Client, are cancelling this Month-to-Month Membership Agreement, must be sent to NCFIT via email (firstname.lastname@example.org) or by certified mail to 2280 S Bascom Avenue, Campbell, CA 95008.
Prepaid Memberships: The Prepaid Memberships plans are NOT subject to any early termination options. Client's membership shall cancel automatically at the end of the specified term. No credit will be provided for any unused time or portion and all unused time will be automatically forfeited.
CLIENT'S RIGHT TO HOLD:
Month-to-Month and Prepaid Membership Agreements are NOT subject to any hold options.
CLIENT'S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, NCFIT shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If NCFIT delays or refrains from exercising any rights under this Agreement, NCFIT does not waive, nor will NCFIT lose those rights. If NCFIT accepts late or partial payments from the buyer, NCFIT does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNEE(S): Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assignee(s) of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of California. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, NCFIT and Client agree that the venue for such action shall exclusively be Santa Clara County, California.
ATTORNEY FEES: In the event either party finds it necessary to commerce litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
NCFIT will always notify the client via email if and when any changes or updates are made to the NCFIT Waiver or Membership Agreement. If the client continues to use NCFIT services thirty calendar days after the NCFIT Waiver or Membership Agreement have been updated and sent, the client, by default, agrees to the most up-to-date NCFIT Membership Agreement or Waiver. It is the responsibility of the client to regularly check all email accounts, including spam folders, for any and all email correspondence sent by NCFIT.
While NCFIT strongly encourages all new clients to sign the company's Waiver and Membership Agreement, if a new client continues to use NCFIT services but does not have a current signed Membership Agreement and Waiver on file after seven calendar days of using the service, the client, by default, agrees to the most up-to-date NCFIT Membership Agreement and Waiver, and therefore assumes all risk as stated in the Membership Agreement and the Waiver.