Performance Max, Inc. doing business as CRUfit (hereinafter “CRUfit” or “the Facility”) offers the undersigned, hereinafter referred to as “MEMBER,” the use of its services and facilities in conformance with the terms and conditions set forth below and MEMBER accepts said offer upon the terms set forth below including the Procedures, Rules and Regulations which are included below and made a part hereof, and any additions or changes to the Procedures, Rules and Regulations as may from time to time be posted in the Facility.
MEMBER is aware that CRUfit training programs including indoor cycling, indoor rowing, suspension training, circuit training, pilates, personal training and other activities (the “Activities”) can involve strenuous physical exertion using various muscle groups, which may place stress on parts of MEMBER’s body including but not limited to MEMBER’s joints, heart and cardiovascular system.
Representation of Health Condition
MEMBER hereby represents that the MEMBER is physically fit, physically sound and has the necessary current medical approval to utilize the Facility for purposes of exercise, and to participate in any of the exercise classes or programs available at CRUfit. CRUfit is relying on this representation and MEMBER understands that CRUfit does not and will not investigate or certify the health of MEMBERS or their fitness to use the facilities.
Assumption of Risks
MEMBER acknowledges that he or she has voluntarily applied to participate in the Activities indicated above at CRUfit. MEMBER is aware that these Activities may cause injury including but not limited to: 1. minor injuries such as bruises and sprains, 2. serious health problems such as abnormal blood pressure, fainting, irregular, fast or slow heart rhythm, 3. major injuries such as loss of sight, heart attack, stroke and concussions, and/or 4. Catastrophic injuries including paralysis and death. MEMBER hereby accepts any and all such risks of injury, health problems or death and consents to participate in the Activities indicated above.
Waiver of Liability
MEMBER acknowledges and understands that prior to beginning any exercise and/or nutrition program it is strongly recommended that he/she consult with and receive approval of a physician. MEMBER understands that any exercise program involves risk. MEMBER acknowledges and understands that he/she is using CRUfit’s facilities and services at his/her own risk.
CRUfit and its owners, officers, employees, agents, contractors and affiliates shall not be liable – and MEMBER hereby expressly waives any claim of liability – for personal and/or bodily injury or damages that may occur to any MEMBER, or any guest of any MEMBER, or for any loss of or injury to person or property, however caused. This waiver includes, but is not limited to any loss, damage or destruction of the personal property of the MEMBER or the MEMBERS’ guest(s) and is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage sustained by any MEMBER or any guest of any MEMBER while at the Facility, whether using exercise equipment or not.
MEMBER agrees to indemnify and hold CRUfit, and its officers, employees, agents, contractors and affiliates, harmless from any and all liability and damages incurred arising out of the conduct or activity of such MEMBER, any other claimant MEMBERS or guests using the facilities while MEMBER is on the premises insofar as MEMBER is claimed liable for damages to others.
Reservations are made on a first come, first serve basis. Please make reservations to guarantee a place in the class. Reservations can be made online or in person. In order to make a reservation MEMBERS must purchase a package of class credits and then use credits from that package to make a reservation. The credits will be deducted from the MEMBER’s account after the class is run.
If MEMBER goes online to reserve a slot in a class and the class is full, MEMBER has the option to sign up for the waitlist. As slots in the class open up, they will be given away to waitlisted customers in order of when they put themselves on the list. The waitlist won't be an option for MEMBER unless MEMBER has already purchased a package of credits. Customers enrolled in a class must be in the designated class location at the scheduled class start time, otherwise their slot in the class could be given to a waitlisted customer and their account charged according to our Cancellation Policy.
If MEMBER is on the waitlist for a class, three things can happen:
1) The class remains full and MEMBER doesn't get a slot in the desired class. In this scenario, the MEMBER will not be charged any class credits.
2) A slot opens up before our cancellation window closes (at least two hours before class). MEMBER is automatically added to the class and will receive an e-mail notification.
3) A slot opens up within our cancellation window. We will send a text message and call MEMBER and MEMBER will have the option of choosing to enroll in the class. If MEMBER chooses not to enroll, the member will not be charged any class credits. If MEMBER does not return our text or voicemail within 15 minutes, or MEMBER does not choose to enroll in the class, we will then contact the next customer on the waitlist.
If MEMBER is on the waitlist, we assume MEMBER wants to take the class. If MEMBER is automatically enrolled from the waitlist (#2 above), MEMBER is now considered a participant in that class and our standard cancellation policy now applies. If MEMBER can no longer make a class MEMBER is waitlisted for, MEMBER must take himself or herself off the waitlist at least two hours before class to prevent unwanted charges. If MEMBER ends up scheduled for two classes in overlapping time slots, MEMBER will be automatically charged for both. It is the MEMBERS’ responsibility to manage their reservations, waitlist requests and cancellations.
Cancellations must be made two hours before a class to avoid being charged for that class. Unlimited members will be charged $10 for cancellations not made two hours prior to class. No exceptions will be made. To cancel, MEMBER must log onto his or her account and unreserve himself or herself from the class, email email@example.com, or call 510-842-9467. Upon cancellation the credits will be returned to MEMBER’s account for use at a future date.
Credit Pricing and Expiration
Below are our current prices. We reserve the right to raise prices at any time.
2 credits - $16 (expires )
3 credits - $24 (expires )
12 credits - $90 (expires )
One Month Unlimited (new customers only) - $100 (expires 30 days from first class)
30 credits - $210 (expires )
60 credits - $380 (expires )
With the exception of the One Month Unlimited package, all class packages begin on the date of purchase and expire in accordance with the package term. One Month Unlimited packages start when the first class is taken using the One Month Unlimited package and expire 30 days later.
First time customers may not enter a class once it has started. Returning customers may join up to 5 minutes into the class. If a student has made a reservation but has not shown and it has been 5 minutes since the class started, his or her spot will be given away to someone on the waiting list.
Termination of Monthly Contract/Agreement
MEMBER or CRUfit may terminate this type of Agreement without cause by following the applicable procedure indicated below:
a) MEMBER may terminate this Agreement by providing CRUfit with written notice indicating MEMBER’s desire to terminate. Notice may be sent to CRUfit, 6125 Medau Place, Oakland, CA 94611 or emailed to info@CRUfit.net. MEMBER must pay any outstanding fees up to the date of requested termination in order for the termination to become effective.
b) CRUfit may terminate this Agreement at any time by providing verbal or written notice. In the event that CRUfit terminates this Agreement prior to the end of a term for which Fees have been paid, CRUfit agrees to refund the pro-rated portion of unused Use Fees to MEMBER. Termination of this Agreement does not constitute any forgiveness for any outstanding Fees due from the MEMBER at the time of termination. CRUfit reserves the right to raise prices for its monthly unlimited contracts at any time. MEMBER shall be notified via email of the new rate and if MEMBER does not choose to cancel the agreement, MEMBER will continue to be billed according to the terms of the contract at this new rate.
Transferability and Assignment
CRUfit’s rights and obligations under this Agreement will inure to the benefit of and be binding upon CRUfit’s successors and assignees. MEMBER may not transfer or otherwise assign this Agreement.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he or she may entitled.
If any part, portion or provision of this Agreement shall be held invalid, unenforceable, void, or inoperative, that part, portion or provision shall be deemed excluded from this Agreement and the remainder of the Agreement shall nevertheless remain in full force and effect. Every provision shall be interpreted in a manner consistent with California law. If any provision is held invalid or unenforceable (due to over breadth or otherwise) with respect to particular circumstances, it shall be interpreted to have narrower scope as to be consistent with California law and to remain in full force and effect in all other circumstances.
MEMBER and CRUfit acknowledge that this Agreement, including any provision, either included with this document or posted, constitutes the entire understanding of the parties and that CRUfit has made no implied warranties or representations other than those set forth herein, to induce MEMBER to enter into this contract. No modification of this document is valid unless in writing and signed by both parties. Any discussion, agreements or understandings not stated in this document are not part of the Agreement herein.
Choice of Law & Venue
The formation, construction, and performance of this Agreement shall be construed in accordance with the laws of California. The venue for any dispute resolution hereunder shall be the Alameda County Superior Court.
The failure of CRUfit to enforce at any time any of the provisions of this Agreement, or any rights in respect thereto, or to exercise any election herein provided, shall in no way be considered to be a waiver of such provisions, rights, or elections, nor in any way to affect the validity of this Agreement. The exercise by CRUfit of its rights herein or any of its elections under the terms or covenants herein shall not preclude or prejudice CRUfit from exercising the same or any other right it may have under this Agreement, irrespective of any previous action taken by CRUfit hereunder.
I have read and understand the RULES and the terms and conditions for membership as stated in this Agreement and hereby agree to comply with all of the above. I have carefully read this Agreement and fully understand its contents. I am aware that this Agreement contains a release of liability and a contract between CRUfit and myself. My use of CRUfit’s facilities and services further acknowledges my acceptance of the statements in this section.