Terms and Conditions
MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Novo Fitness Inc., dba Kinetic Motion, located at 1708 19th St. Santa Monica, CA. 90404 (“Kinetic Motion”), and you the member. Kinetic Motion is a boutique fitness studio offering Staff Private Training, Independent Private training, individual Pilates instruction, a Weight training facility and a Cardio workout facility. This Agreement entitles members access to participate in these activities and to enjoy other amenities offered including but not limited to lockers, changing rooms, and showers, unless noted otherwise.
Please review this Agreement thoroughly as it is a legal contract between Kinetic Motion and all members. By using the services offered at Kinetic Motion, members are agreeing to the terms of this Agreement.
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PURCHASES AND PAYMENT
PAYMENT SUMMARY:
Monthly memberships are paid in advance monthly, on the 1st day of the calendar date on which the membership became activated, for the following month. All rates will be prorated after the 1st. All in-house Private training and Pilates instructions are billed in full at the time of purchase. Regular monthly dues apply thereafter. Monthly membership payments shall be made on defined bill cycle dates tied to all active memberships, on a month-by-month basis, 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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FREEZE POLICY:
Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to Kinetic
Motion via email at moribalanc@me.com no less than seven (7) business days prior to the freeze date or by completing and submitting the member freeze request form sanctuaryfitness.com/freeze. The freeze request must state both the freeze start date and reactivation date defined by the submitter. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume
automatically upon the end of freeze months.
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TRAINING CANCELLATION AND BOOKING
POLICIES
RESERVING Private Training and or Pilates instruction: Clients are solely responsible for the booking and cancelling of their session. Clients may reserve spots online through their account, through the Kinetic Motion application, the Kinetic Motion application, or by calling Kinetic Motion during normal business hours and confirming with studio staff (note hours of operation on the “contact” tab.
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SIGN-IN:
Clients may enter their scheduled time no later than 15- minutes after the scheduled start time. If a client does not enter their session by this time, it is considered a no-show and Kinetic Motion reserves the right to fully charge the member in its entirety. Kinetic Motion reserves the right as well to charge a no-show fee of $25.00 If this should
happen more than twice in a row.
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CANCELLATIONS:
Reservations may be cancelled without penalty by cancelling up to 24 hours prior to the session start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the session is
cancelled within this time, the session will be returned to the client’s account, and the client will not be charged the cancellation fee.
Cancellations via electronic mail (email), voice message, and text message. The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or membership level.
If you book multiple sessions, you are solely responsible for cancelling your sessions within the bounds of the cancellation policy outlined above. Kinetic Motion staff cannot be held responsible for accidental bookings by clients, or double bookings, 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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PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT
MEMBERSHIP PURCHASES:
By purchasing a membership from Kinetic Motion, you agree to the Terms and Conditions in full (see below). Memberships cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.
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CREDIT CARD ON FILE:
Members may elect to keep a credit card on file using their Kinetic Motion account online. By placing a card on file, the cardholder and account holder give permission to the Kinetic Motion staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Kinetic Motion, cancellation policy detailed above.
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AUTO-DEBIT:
By enrolling in an auto-debit contract, you authorize Kinetic Motion to deduct from your account on file 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) Kinetic Motion 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. Kinetic Motion 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 Kinetic Motion booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a session (private training or Pilates instruction) past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any sessions past the subsequent billing date and notified via electronic mail; (4) if you are removed from session due to the circumstances as described, it may not be possible to place you back into the session for which you were originally booked and that you will not be given any priority session (5) it is your responsibility to keep a current card on file with accurate billing information. Kinetic Motion cannot be held responsible for errors in
processing due to expired or inaccurate information.
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CODES OF CONDUCT AND CLEANLINESS OF THE FACILITY
You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Kinetic Motion. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
Kinetic Motion takes pride in the cleanliness of our facility. We work diligently to keep our equipment, locker rooms, and shower facility spotless. We take cleanliness very seriously due to unsanitary conditions created by bodily fluids. All members are obligated to the same standard of cleanliness after equipment use. Please use towels provided at the front counter including using antibacterial wipes and or cleaning solutions provided in the facility. If you perspire and leave marks on the benches and equipment please be courteous toward your fellow members and wipe down where you perspired. Flagrant disregard of these rules will result in immediate suspension for one week. 2nd violation will result in immediate
termination of the membership all membership dues will be forfeited.
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CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Kinetic Motion written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Sanctuary Fitness, 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 Sanctuary Fitness reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled 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 Kinetic Motion’ services which the member has contracted. The member, or the member’s estate, shall be relieved from the 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 Kinetic Motion. The member shall provide proof of new residence.
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MISCELLANEOUS
CONDUCT/DAMAGES:
Kinetic Motion is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing indecent or illegal behaviour. Members who do not observe Kinetic Motion’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Kinetic Motion has the right to judge behaviour 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 Kinetic Motion property which result 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. Kinetic Motion reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Kinetic Motion.
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PHOTO/VIDEO RELEASE:
You hereby grant Kinetic Motion, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Kinetic Motion and to use and publish these photos or videos in print and/or electronically. You agree that Kinetic Motion 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.
You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth 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 cancelling 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 1708 19th St. Santa Monica, CA. 90404 or email to moribalance@me.com
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I understand and acknowledge the terms and conditions set forth by Kinetic Motion. I understand not following the terms and conditions as stated will result in an immediate suspension and termination of my membership