Membership Agreement

This Membership Agreement ("Agreement" or "Membership Agreement") is entered into between Train Insane LLC, located at 65 n 1380 w, Orem, Ut 84604 ("Train Insane"), and you the member. rain Insane is a boutique fitness studio offering group fitness classes.

Please review this Agreement thoroughly as it is a legal contract between Train Insane and all members. By using the services offered at Train Insane, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

Monthly membership payments begin at the time of purchase and are billed on the calendar date which the membership became activated for the following month.

Memberships are billed on a 28 day billing cycle. Memberships consist of 2 month, 6 month, and 12 month contracts.

All memberships are automatically renewed unless twenty-eight (28) business days written notice via email

Ut@traininsanefitness.com. 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.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) consecutive calendar months.

A fee of $10 will be charged per request.

Notice of intent to freeze one's account must be submitted to Train Insane via email ut@traininsanefitness.com no less than seven (7) business days prior to the freeze date. 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.

CLASS CANCELLATION AND BOOKING

POLICIES

RESERVING CLASSES: Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their account, on the Train Insane application, Train Insane website; "www.traininsanefitness.com" or in person at the Train Insane front desk during normal business hours. 

CANCELLATIONS: Reservations may be cancelled, without penalty, up to 4 hours prior to class start time. This may be done online or in your member app. Your class credit will return to your account for use in the month.

If a class is cancelled less than 4 hours prior to the start time, a $10 fee is incurred.

The class credit will be returned for use in the month, unless an up to date card is not on file. In this case, the credit will be forfeited.

If no cancellation occurs, and client does not attend class, it is considered a NO-SHOW. This will result in a $20 NO-SHOW fee. The class credit will be returned for use in the month, unless an up to date card is not on file. In this case, the credit will be forfeited.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. Train Insane staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes 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.

Please note that in order to avoid a $20 cancellation fee, any cancellations for holiday classes must be made at least 6 hours before the scheduled class time.

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. A notification from the Train Insane application will notify ALL MEMBERS on the waitlist simultaneously, so it is important to activate all PUSH NOTIFICATIONS to receive updates on waitlist status, as it is first come first serve basis.

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from Train Insane, you agree to  the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

Expiring packages may not be extended, transferred, refunded, shared, or frozen.

Packages that expire will activate on the first class either booked OR waitlisted.

Placing yourself on a waitlist with an expiring package will activate your package. Train Insane staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of clients.

The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

CREDIT CARD ON FILE: By placing a card on file, the cardholder and account holder gives permission to Train Insane staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Train Insane, cancellation policy detailed above.

AUTO DEBIT: By enrolling in an auto-debit contract, you authorize Train Insane to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your membership auto-debit plan associated with your account, on the billing due date.

You understand and acknowledge that (1)

Train Insane 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. Train Insane 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 Train Insane booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances as described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Train Insane cannot be held responsible for errors in processing due to expired or inaccurate information.

CANCELLATION OF MEMBERSHIP

AGREEMENT BY MEMBER

NON CONTRACTED MEMBERS: You may cancel this Membership Agreement at any time. You must provide Train Insane written notice via email at ut@traininsanefitness.com, no less than twenty-eight (28) 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 twenty-eight (28) 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.

CONTRACTED MEMBERS: If you have committed and signed a 6 month or 12 month contract you are agreeing to be billed monthly for the entire contract time period.

Contracted members may cancel early but, member agrees to pay 25% of their remainder of the contract as an early cancellation fee. You must provide Train Insane written notice via email at ut@traininsanefitness.com, no less than twenty-eight (28) days prior to the due date of your next billing payment.

If at the time of receipt of your cancellation notice, you have outstanding payments owed to Train Insane, 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 Train Insane 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 Train Insanes' services which the member has contracted. The member, or the member's estate, shall be relieved from 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 Train Insane. The member shall provide proof of new residence.

AGREEMENT TO PARTICIPATE and

ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes" and "Facilities") of Train Insane and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from

(1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Train Insane staff, you would be at physical risk participating in Train Insane's Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Train Insane with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Train Insane's concerns and stating that Train Insane's concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Train Insane, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Train Insane's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Train Insane's Classes and Facilities, and should not be participating in any Classes.

MISCELLANEOUS

CONDUCT/DAMAGES: Train Insane is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Train Insanes' rules and regulations or who abuse equipment in any fashion will be asked to leave. Train Insane has the right to judge behavior 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 Train Insane property which results 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. Train Insane reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Train Insane.

PHOTO/VIDEO RELEASE:

You hereby grant Train Insane, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Train Insane and to use and publish these photos or videos in print and/or electronically. You agree that Train Insane 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.