Rhino Hybrid Terms, Policies, and Procedures.
Memberships & Terms. This Agreement applies to the following memberships (each a “Membership” and collectively, the “Memberships”):
• “Private Training” means any Private Training (12x) or Limited, Private Training (5x) monthly membership which requires auto-pay and a commitment in excess of 1 month (including, without limitation to the standard 12-month or month-to-month commitments) and entitles the Member to specified number of Private Training Sessions purchased into at Rhino Hybrid.
• “Small Group PT” means any Small Group PT (12x) or Limited, Small Group PT (5x) monthly membership which requires auto-pay and a commitment in excess of 1 month (including, without limitation to the standard 12-month or month-to-month commitments) and entitles the Member to specified number of Small Group Personal Training Sessions purchased into at Rhino Hybrid.
• “Hybrid Training” means any Hybrid Training (12x) or Limited, Hybrid Training (5x) monthly membership which requires auto-pay and a commitment in excess of 1 month (including, without limitation to the standard 12-month or month-to-month commitments) and entitles the Member to specified number of Hybrid Training Sessions, Title Boxing Experiences, and Survival Cycle Sessions (4x) purchased into at Rhino Hybrid.
• “Simple Access” or “The DIY” means any monthly membership which requires auto-pay and a commitment in excess of 1 month (including, without limitation to the standard 12-month or month-to-month commitments) and entitles the Member to unlimited arrivals purchased into at Rhino Hybrid.
• “Special Memberships” any membership offered as a special by at Rhino Hybrid, excluding a Private Training, Small Group PT, Hybrid Training, or Simple Access Membership which requires a commitment in excess of 1 month (including, without limitation, 2-, 3-, 4-month commitments). Examples of Special Memberships currently or previously offered are “Winter Shred,” “Spring Shred,” “Commit to Fit,” “MEP Challenge,” and/or “Student/Teacher Summer Special.”
Payments. I agree to make all of the required payments applicable to my Membership and/or arising under this Agreement. I authorize the Gym to automatically charge my credit card in accordance with this Agreement to satisfy any and all obligations that may come due in accordance with this Agreement and my Membership. I understand that I may purchase into (time of sale) any of the above referenced Memberships at a month-to-month rate 20% above standard contract monthly rate. I understand that my use or non-use of the services offered by the Gym has no bearing on my obligation to make all such required payments.
Memberships are non-refundable, non-shareable and non-transferable, without exception after 30 Days. I agree that any dishonored DRAFT/EFT of monthly dues will, at Gym’s sole discretion, be (i) billed in conjunction with the next installment or (ii) charged to my assigned credit card or bank account, without further notice to me and will include a $25 fee for each dishonored DRAFT/EFT.
Sales Tax. I agree to pay sales tax on all applicable retail items including, but not limited to training and membership services through the City of Wentzville (currently 8.045%).
Notification. I understand that any notification that I wish to provide to the Gym regarding this Agreement must be submitted either (i) in a properly addressed email ( firstname.lastname@example.org), or (ii) via certified or registered U.S. mail to Rhino Hybrid, 1231 Wentzville Parkway, Wentzville, MO 63385 (“Proper Notification”), or (iii) communicate with a front desk manager as they have protocol to submit your request through a trackable contact log to upper management.
First Thirty (30) Days. Within the first 30 Days of the purchase of my Membership I may change my commitment into a Membership of equal or lesser value. After the first thirty (30) days, I understand that my commitment to the membership I purchased into will remain unchanged for the duration of the Membership. I understand that I must provide Proper Notification (as defined above) for any changes to my Membership the first thirty (30) days.
Freezes. A “freeze” refers to placing your eligible membership on hold for a period of time. Freezes shall be permitted for a minimum of seven (7) days per freeze and for a maximum of twenty one (21) days (for a single or multiple freezes) per 365-day period (such 365-day period shall begin on the date such Membership began and each successive 365-day period will commence the day after the end of the prior 365-day period). A freeze request may be granted only after Proper Notification. I understand that I must provide Proper Notification (as defined above) of my freeze request in advance. I understand that monthly dues will be waived during any freeze period but My Commitment and/or my obligations under this Agreement will be extended for a period equal to the freeze period.
No Rollovers. If Member does not use all the services for a Membership during that month, the unused services expire. No rollovers are permitted.
Trespassing. I understand that I am not allowed to bring any friend, family, loved one (non-member) to the Gym outside of staffed hours. Doing so will result in a $50 Trespassing Fee being assessed to my membership. No Exceptions.
Limitations of Certain Memberships. Special Memberships are not eligible to freeze.
Class (Hybrid Training and Small Group PT) Cancelation Policy. I understand that I am subject to the Gym’s class cancellation policy set forth below:
• Early Cancel: An Early Cancel is any cancellation (online, app, or by phone) that occurs more than 2 hours prior to the start of class. There is no charge for an Early Cancel.
• Late Cancel: A Late Cancel is any cancellation (online, app, or by phone) that occurs less than 2 hours prior to the start of class. All Late Cancels will be charged for the class originally scheduled.
• No Show: A “No Show” occurs if member does not cancel AND does not show up for the scheduled class. All No Shows will be charged as follows: (i) member will be charged $10 (Member hereby authorizes the Gym to charge Member’s credit card in accordance with this policy), and (ii) member will be charged for the class originally scheduled.
Private Training Session Cancelation Policy. I understand that I am subject to the Gym’s private training cancellation policy set forth below:
• Early Cancel: An Early Cancel is any cancellation (online, app, or by phone) that occurs more than 12 hours prior to the start of session. There is no charge for an Early Cancel.
• Late Cancel: A Late Cancel is any cancellation (online, app, or by phone) that occurs less than 12 hours prior to the start of a session. All Late Cancels will be charged for the session originally scheduled.
• No Show: A “No Show” occurs if member does not cancel AND does not show up for the scheduled a session. All No Shows will be charged as follows: (i) member will be charged $10 (Member hereby authorizes the Gym to charge Member’s credit card in accordance with this policy), and (ii) member will be charged for the session originally scheduled.
Cancellation of Agreement. My Membership can’t be canceled until I complete My Commitment. After I complete My Commitment, I can cancel My Membership by providing seven (7) days prior written notice (pursuant to Proper Notification) to the Gym of my intent to cancel my Membership; provided that, Proper Notification of cancellation cannot be given during a time in which My Membership is in a freeze as described herein. The cancellation will be effective upon the eighth (8th) day after the Gym’s receipt of Proper Notification (the “Termination Date”). All monthly dues must be paid through the Termination Date.
Prior to completion of My Commitment, I can only cancel my Membership under the following circumstances:
• Death or Disability: If I die or become physically unable to avail myself of a substantial portion of the services provided by the Gym. A physical disability sufficient to warrant cancellation of this Agreement may only be established if the undersigned furnishes to the Gym a certification of such disability by a physician licensed under the state in which the Gym resides to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice and such certification must be pursuant to Proper Notification.
• Moving: If I move more than twenty-five 25 miles from the Gym or any facility operated by the Gym, and if I provide Proper Notification to the Gym together with valid written proof of such move.
• Gym closing: If the Gym goes out of business or moves more than ten (10) driving miles and fails to provide, within thirty (30) days, a facility of equal quality located within ten (10) driving miles.
• Cancellation Fee: If I pay the Gym a $400 cancellation fee. Cancellation will be effective immediately upon Gym’s receipt of the cancellation fee.
If I cancel my Membership pursuant to any of the foregoing conditions, my obligations under this Agreement will terminate. I understand that cancellation of this Agreement has no bearing on my obligation under other Agreements with the Gym, including without limitation, the Release and Indemnity Agreement. If, in the opinion of the Gym, Member violates any of the regulations and/or conditions of membership or acts in any way that, in the opinion of the Gym’s management is detrimental to the facility or to other members or employees, Member’s right to use the facility may be terminated and the member’s obligations to the Gym will be unchanged.
Child Care Agreement: This is Limited Services Agreement. The Member wishes to utilize the limited child care services offered by Rhino Hybrid, LLC (hereinafter, Rhino). Member acknowledges that Rhino is NOT a licensed Child-care Facility as defined by Missouri state law, Chapter 210. Furthermore, for the limited services it provides to its Members, Rhino is not required to operate as a licensed child care facility nor does it intend to operate such a facility. Member acknowledges that Rhino wants to provide care for its member’s children for limited periods of time (60-minute maximum stay per day) as a convenience to its Members and pursuant to the following terms. Rhino Policy. Member, as long as in good standing, may request that Rhino care for the children of Rhino only while Member is utilizing Rhino. Member acknowledges and agrees that the child care offered by Rhino is restricted for children ages 6 months -12 years of age ONLY. Additionally, Rhino has implemented policies with respect to how many children may be supervised in the child care facility at one time. In the event that the maximum number of children are already present in the child care facility, Member will not be allowed to request child care until other supervised children are removed by their parent from the facility. Parent Responsibilities. Member shall notify Rhino, in writing, as to any known allergies or medication requirements for his/her children. Member shall not request any Rhino employee to administer any medications to his/her children. Further, Member shall NOT request that Rhino provide child care services when his/her child is known to be suffering from a contagious illness at the time of the request. Rhino staff shall NOT be required to administer any medications to children and/or emergency treatment to Members children. Acknowledgement and Release of Liability. Member acknowledges and understands that Rhino Hybrid is not in the business of providing child care services. Member agrees to assume the related risk in the use of Rhino’s child care facility even if Members child becomes ill or injured in the use of the facility. In consideration of Rhinos permission to Member to utilize the child care facility, Member understands and voluntarily accepts the above-stated risks and agree that Rhino Hybrid, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including without limitation, personal, bodily and/or mental injury, economic loss or damage to you, your spouse, children, guests, relatives, or unborn children resulting from your utilization of our child care facilities.