This Membership Guidelines and Policies (the “Policies” or this “Agreement”) prescribe certain terms and conditions by and between a member (“I”, “Member” or related terms) and Anchored Fitness and Performance (the “Company” or “Port Tower CrossFit”), which provides a Member with fee-based services on physical exercise (the “Services”). To become a Member of Port Tower CrossFit, each Member must read and agree to the Policies:
1. APPLICATION AND AMENDMENT OF POLICIES
By signing this Agreement to apply for the Membership, I understand that I will be entering into a legally binding and enforceable agreement with Anchored Fitness and Performance as follows: Please enroll me in the program I have selected and, subject to Port Tower CrossFit’s Liability Release; I agree to pay your fees as indicated. I understand that the Policies will govern all aspects of my participation in a program of physical exercise under the direction of Port Tower CrossFit. Training which may include, but not limited to, weight and/or resistance training, cardiovascular training, and floor mat exercises and Port Tower CrossFit agrees to instruct, assist and provide training (the “Program”) that I voluntarily take and the fee arrangements I elect to make. I also agree to comply with the Policies and procedures that Port Tower CrossFit and its instructors may from time to time communicate to me.
2. COMMITMENT AND ATTITUDE
I acknowledge that a large portion of my success will be based on my commitment to follow instructions and my attitude towards the Program. Results are optimal when I complete all assigned workouts, adhere to the nutrition guidelines given, and complete all assigned tasks designed in the Program.
3. MEMBERSHIP AND PAYMENT
TThe Membership is for providing Services over a specific period of time during which the Member is eligible to partake in any and all Programs in accordance with the Membership. This is NOT a guarantee for a specific number of classes, seminars, or coaching lessons during the agreed upon period.
Members have two options for payment of the Program fee:
Payment in full may be made for entire Membership. A late payment/declined credit card fee of JPY3,000 will be charged on any payment past due.
If you do not wish to continue the Program before it is completed, you will be charged 50% of the balance of the Program fees. In the event the Member relocates away from Kobe (more than 30km) such charges will be nullified. If the Member has prepaid any sum for the Services, so much of such sum as is allocatable to the Services the Member has not taken shall be refunded.
All Memberships can only be put on hold only once for the duration of the Membership and all holds last a duration of up to 1 month (no less than 1 week increments).
Note: Billing will still occur on the 1st of the month but total Membership will increase in direct relation to time said membership was placed on hold.
The request to place the Membership on hold must be submitted via e-mail 3 business day prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions:
In both cases, the return date will be mutually determined based on the recovery and recuperation of the Member.
6. UPGRADES & CHANGES
Members may upgrade their Membership at any time. To upgrade Membership, a new Membership commitment must be selected for an equal or longer commitment than remaining on their current Membership.
7. FACILITY USAGE
Members with Unlimited Memberships are eligible to use the Facility anytime during normal working hours between 6:00am - 9:00pm; provided, however, that regularly scheduled Group Classes, private training, small group classes and staff sessions take priority over floor space and equipment.
8. PRIVATE AND SMALL GROUP PERSONAL TRAINING SESSIONS
Port Tower CrossFit provides you with an appointment-based schedule to allow you the private and individualized time required for your Private or Small Group Personal Training session (“Private Session”).
A Private Session will be scheduled on a 30-minute time frame and be in 60-minute increments. Please arrive 15 minutes prior to your Private Session to warm up. Even if you are late for the Private Session, it will still end at the scheduled time. If you are more than 15 minutes late for the Private Session for any reason, it will be considered a cancellation and you will be required to pay the fee for the whole Private Session.
It is important that Members provide their trainer with at least 24 hours prior to the scheduled Private Session when you need to cancel an appointment. Failure to cancel a Private Session within this time period will result in the Member being charged for the Private Session. Should the Member wish to reschedule an appointment, a minimum of 24 hours-notice is required. We will do our best to accommodate your requests to reschedule appointments but will not guarantee that a trainer will be available.
We understand that in times of emergencies and illness it is not always possible to provide 24 hours-notice. In the event of a late cancellation of a Private Session, please let us know how we can use the time to benefit your training. You may also want a new Program to do when you are away on vacation, new recipes to try, or for us to look over your eating journal.
If you cannot take your Private Sessions once a week or if you cancel the appointments, you can make them up by booking another Private Sessions the following week. Private Sessions must be made up during the duration of your personal training contract unless you hold your Membership.
9. RULES AND REGULATIONS
Members who do not observe Port Tower CrossFit’s Policies or who abuse equipment and/or Facility in any fashion will be asked to leave. The management reserves the right to terminate Membership to anyone who refuses to observe any of Port Tower CrossFit’s Policies.
(Handling of images)
Member consents to the use of Member's images in the form of photographs and videos on web sites and social media, and in newsletters for the purpose of spreading the activities of Port Tower CrossFit. The Company will respond in a timely manner to requests from Member to delete images.
(Waiver of Company's liability for compensation)
Company shall bear no liability for any damages incurred by Member or by third parties inside or outside the Facility during the use of Facility by Member or Trial Member except in cases of willful or gross negligence on the part of Company.
Company shall bear no liability for the theft, loss or damage of possessions during use of Facility by Member or Trial Members.
(Member's liability for compensation)
Members and Trial Members shall be liable for any damages inflicted on the Facility or third parties both inside and outside the Facility as a result of the use of Facility by Member or Trial Member when said damages are the fault of Member or Trial Member.