TERMS AND CONDITIONS
*Down Home strives to be a facility of transparency in all aspects. Below you will find the same live terms and conditions that are within all membership agreements. These terms can be updated at any time and any/all updates will be emailed out to members via email.
RELEASE OF LIABILITY
CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF DOWN HOME CROSSFIT: CLIENT ACKNOWLEDGES THAT THE PERSONAL TRAINING/NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING, STATIONARY BICYCLING, GYMNASTIC MOVEMENTS, VARIOUS AEROBIC CONDITIONING MACHINERY AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY DOWN HOME CROSSFIT (THE “PHYSICAL ACTIVITIES”). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVEREXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN DOWN HOME CROSSFIT PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES DOWN HOME CROSSFIT (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN DOWN HOME CROSSFIT ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES. The service being requested is for coaching designed to progress you toward ELITE FITNESS. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.
PAYMENT & BILLING: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly/Weekly payment by credit/debit card or EFT per the guidelines on page one of the Agreement. The billing date for the Client will be as noted in the client contract. Payments made in full are not subject to refunds or cancellations.
CLIENT’S RIGHT TO CANCEL:. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested. Reasons for cancellation not subject to a cancelation fee are listed below. If you become totally and permanently disabled during your membership term, you may cancel this contract. Common injuries including but not limited to sprains, strains, muscle and joint aches, and other minor injuries are not considered “permanently disabled”. If you have a history of heart disease, you should consult a physician before joining a gym.
If you are deployed for military reasons or you move more than 25 miles from Down Home CrossFit or one of its affiliates during your membership term, you may cancel your contract.
CANCELATION CLAUSE:
If the buyer wishes to cancel their membership agreement, they must notify in writing their desire to cancel and then is subject to pay 50% of the remaining dues in the agreement. Gym management has the sole authority to discontinue your membership at any time for any reason that may justifiably discredit, harm, or in any way disrupt the business, not limited to community relations, operations, and reputation. Cancelation of accountability meetings and month-2-month agreements must be given 15 days prior to the billing cycle.
Personal Sessions + Financing Policy:
Personal Training financing is a payment structure not a monthly membership. Once a package has been purchased, all payments will be upheld regardless of client involvement with the program.
Personal Training Appointments + Accountability sessions must be canceled within 24 hours of the meeting subject to emergencies. Failure to cancel within 24 hours will result in a $35 dollar charge and loss of the session.
Personal Training Packages Expire within 90-175 days of purchase. This is not subject to yearly plans or other custom packages put together by management.
To be eligible for financing, at least two forms of payment must be on file.
CLIENT’S RIGHT TO HOLD:
The Client may, for periods of 2 weeks or longer, “put on hold” the Agreement. “Hold” indicates a hold in the membership, NOT in the Payment & Billing. Billing continues through the hold period, and the hold dates get added to the end of the Agreement. The request to place the Agreement on hold must be submitted prior to the hold dates (no retroactive holds) and must include an end date (or return date) with the following exceptions: Client is injured or sick, or Client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the Client. Holds will be limited to 2 weeks per 4 month term (6 weeks/12 month). The following reasons are not subject to hold: vacation, needing break etc. Holds must be emailed to office@downhomecrossfit.com.
Membership Agreement:
Down Home CrossFit and Fitness Center is dedicated to preserving the comfortable, safe, and privacy of all members. The client understands that this is a private membership based facility and if at any point the owner/management deems behavior or actions of the member/client to be in detriment to that environment for any reason the membership will be terminated immediately regardless of past payments. All future payments will be canceled.
Act of God Clause:
Definable as any act or circumstance, phenomenon, or tragedy that was/is unpredictable and unavoidable. In the event an Act Of God forces temporary closure of the business or prevents services to be offered, the payee is still contractually obligated to continue payments scheduled for up to 90 days before being eligible for pauses or holds.
Family Areas:
Down Home is happy to offer Family Zone Play Area for members.
Our Kids Area is an upstairs area that is unsupervised for children ages 5+ years in age. This area is visible from our workout area and has been made kid friendly. We are pleased to offer this convenience as a complimentary service free to all our members!
Rules of our play area:
Parents are not allowed to leave the gym for any reason without their child. This is not a drop off daycare service!
Children must be picked up within a 20 minute window of the parents class time concluding. Doubling up in class is fine!
Under no circumstances is food or drink allowed in the childcare room except for water. We strive to be an allergy free area for the safety of all kids and the sanity of all parents.
No sick children are allowed in the kid area. PERIOD!
Kids over the age of 10 are to stay in the lobby where wifi and netflix can be viewed.
Parents are to make sure the area is cleaned and Lysoled after their children are done playing.
Covid restrictions mandated by the state may temporarily restrict use of this area at any time.
*Please Ask For An Additional Copy of rules for your records.
CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Down Home CrossFit shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Down Home CrossFit delays or refrains from exercising any rights under this Agreement, Down Home CrossFit does not waive, nor will Down Home CrossFit lose those rights. If Down Home CrossFit accepts late or partial payments from the buyer, Down Home CrossFit does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Georgia. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Down Home CrossFit and Client agree that the venue for such action shall exclusively be Chatham County, Georgia.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
