GENERAL TERMS AND CONDITIONS 1-17
1 – On-Ramp / Foundations
It is required of all members who are new to CrossFit to attend beginner programming classes to learn all the movement standards before being allowed into the regular CrossFit classes. The beginner classes are designed to teach newbies of multiple levels quickly and effectively. After the member has learned all standards it is at the sole discretion of CrossFit Above All to confirm that the member is ready to join the regular CrossFit classes. Additional time in the beginner classes may be neccssary if the member has not demonstrated the minimum skill level required to join regular CrossFit classes. For members in greater need of coaching we will provide one on one coaching, the cost of this will be at the coaches set personal training rate. If a member already has CrossFit experience they will be asked to attend a free session at CrossFit Above All and demonstrate a minimum skill set of movements before entering the regular classes. It is at the sole discretion of CrossFit Above All to decide whether that minimum skill set has been met or if any Personal Training / beginner classes are required. If those sessions are required, they will be at the sole cost of the member.
2 – Private Training Sessions
All private training sessions booked require 24 hours notice from the member for cancelation to avoid penalty. If a session is cancelled with less than 24 hours notice the full amount of that session will be charged to the member.
3 – Pre-Paid Memberships
Under the pre-paid membership the member is allowed to put their membership on hold should they become injured or temporarily move away / or cannot train. The minimum period for which a membership can be put on hold is 1-month, and the membership will continue on once the member has returned to training. There are no refunds or transfers on unused portions of the pre-paid membership.
4 – Monthly Memberships
Members may put their membership on hold for 1 month during their commitment period. They may not put the membership on hold for less than 1 month, and if they wish to put it on hold for longer than 1-month their membership will only be extended for the 1-month period unless otherwise approved by the CrossFit Above All management. Monthly payments will continue even during the membership hold period, and the approved hold time will be tacked on to the end of the membership period. Should the member wish to no longer train at CrossFit Above All for whatever reason they are still responsible for the remainder of their term of the agreement. The options are to simply continue to pay the monthly fee until the term of the agreement expires, or to buy the contract out at 80% of the remaining value of the contract. E.g. If $400 was left in contract member could choose to pay the balance in full upon cancellation at the 80% rate = $320.
5 – Rules on all Membership Options
Both the pre-paid and paid monthly memberships entitle the member to train an unlimited number of classes per month as long as their payments are up to date. The current rates are only secured for the duration of the term of their current membership, and CrossFit Above All reserves the right to increase membership fees at any time, and upon the renewal period of the membership the new rates would apply. On memberships longer than one month, 30 days written notice must be given by the member to CrossFit Above All, if the member chooses not to renew your membership. If the member would like to renew their membership, they must notify the staff as to which plan they’d like to subscribe to at the time of renewal, otherwise the member will automatically be renewed under the month to month contract at the month to month rates. The members payment method will be charged at the time of renewal with the standard rate of the month to month membership posted on the CrossFit Above All website at the time of renewal.
6 – Refund Policy
There are no refunds for anything… EVER! (Unless we have made a billing error!)
7 – Exceptions Policy
Exceptions are at the sole discretion of the CrossFit Above All owners.
8 – Asshole Clause
Any member who demonstrates behaviour that is in any way deemed by the owners to be destructive to the CrossFit Above All community may have their membership terminated without warning and without refund. NO ASSHOLES ALLOWED!
9 – Delinquent Accounts (No Pay – No Play)
If a member’s account balance is not paid in full on the due billing date, the member will have 7 days to make their late payment in full. If the member has not paid their dues by the 7th day deadline, the membership will be suspended and the member will be subject to a $100 re-initiation fee if they wish to re-activate their membership. The member will still be responsible for the remainder owed on the membership, even if they do not wish to reinstate their membership. There will be a $25 NSF / Decline charge billed to the member should their payment method not be approved. This charge will be billed each time the payment is attempted.
10 – Member Enjoyment
All CrossFit Above All members deserve an un-interrupted enjoyment experience. To protect this enjoyment we have a no solicitation policy to ensure our members are not being solicited products by other members. CrossFit Above All is a no solicitation zone… We don’t want anyone to feel pressure or weird about being pitched something in what should be his or her training sanctuary. But by all means if you have a product that you would like to discuss with CrossFit Above All to see if it would be of interest for the gym please speak to one of the CrossFit Above All staff.
11 – Respect
The CrossFit Above All team has worked extremely hard to provide the members the best training facility they can, and as a result we expect the members to treat the equipment with respect as well as the Coaching staff and all of the members. We understand that equipment has a natural life cycle, and will receive wear and tear over the course of being used, but abuse of the equipment (including but not limited to the terms outlined in the code of conduct section below) that causes damage to the equipment or the facility in any way will be assessed at replacement value and the cost passed onto the member who caused it. Be respectful of time… Everyone has busy lives; please do not make a habit of showing up late to the class time. It is recommended to show up 15 min before class time to warm up and stretch.
12 – Code Of Conduct
The following is a list of rules that we enforce at CrossFit Above All:
- Don’t drop an empty barbell or a barbell that has only steel or black plates.
- Collars must be used on barbells at all times.
- Don’t drop the end of an empty barbell while stripping weight off of barbell.
- Don’t drop a kettlebell from above the knee.
- Don’t ghost ride the barbell or allow barbell to be thrown in a way that could be damaging to another person or the space.
- Be clean. Clean up your area, wipe down any blood or sweat that you leave and put your equipment back where it belongs.
- No Spitting, being rude, or being unsupportive of other members
13 – Services
CrossFit Above All provides shower facilities for use by it’s members. Please be courteous to fellow members who may also want to use the showers. Members should be as quick as possible in the shower to allow for others to use it also. Members must remove all personal belongings from the shower area upon completion of shower. Towels will not be provided, members must bring their own, or purchase one from CrossFit Above All. CrossFit Above All accepts VISA, Mastercard and cash. EFT payments can also be arranged at the sole discretion of the CrossFit Above All staff. Members must ALWAYS have a valid payment method on file at CrossFit Above All to facilitate membership charges and applicable charges to the members account.
14 – Photos & Likeness
CrossFit Above All will often take photos and video of it’s members during workouts or special events, and may choose to post the photos on the website or social media sites. The member agrees that his or her imagery and likeness are approved for CrossFit Above All to use for any purpose pertaining to the general nature of the industry. There is no compensation for any imagery or likeness used in any form whether promotional or commercial.
The Student acknowledges and agrees as follows:
15 – EFT Authorization
I authorize CrossFit Above All, to transfer electronic funds on a recurring basis from the checking, savings, or credit card account I specified above for my membership dues. This authorization is to remain effective until CrossFit Above All has collected for all charges assessed in connection with the terms and conditions of this Agreement.
16 – Membership Term
- I agree that I will maintain membership and pay the dues specified in my signed membership agreement.
- I agree that I will be liable for dues for the entire Term of this agreement specified in my signed membership agreement in the amounts as stated herein regardless of usage or any change of circumstance.
- I agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.
- I will comply with all the rules and regulations of CrossFit Above All.
- I hereby agree that if CrossFit Above All, is unable to process my payment from the designated account provided by me, CrossFit Above All is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained in this agreement.
- In addition to any rights and remedies it may otherwise have, CrossFit Above All may terminate this Agreement at anytime with written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within seven days after receiving notice of such failure.
- Failure to attend the Classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.
- I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.
- I acknowledge receiving a copy of this Agreement and I am aware that a copy of this document is available online on my member profile page.
17 – Legal Stuff
The members signature on this membership agreement allows CrossFit Above All to charge the payment method (credit card or EFT submitted by the member) for any dues owed under this contract, and states that the member agrees to the terms and conditions of the membership. Members must abide by these terms and conditions which are displayed on the CrossfitAboveAll.com website URL http://crossfitaboveall.com/legal/ . The terms and conditions may be updated from time to time and it is the responsibility of the member to stay up to date on the terms. The members signature on this membership agreement allows CrossFit Above All to update the GENERAL TERMS AND CONDITIONS 1-17 of this agreement. The terms and conditions can be found here: http://crossfitaboveall.com/legal/
This membership agreement is executed in conjunction with the Waiver as well as the PAR-Q form that members are required to fill out and sign before joining CrossFit Above All classes.
I am participating in a program of physical activity, including, but not limited to, all of any of the following services and related activities offered by C. Laughren Holding inc. (“CrossFit Above All”): fitness classes, personal training sessions and nutritional programs, (together, the “Services”). I hereby assume all responsibility for my participation in the Services and acknowledge that: (a) I have had a physical examination and have been given my physician’s permission to participate in the Services (or that I have decided to participate without the approval of my physician), (b) participating in the Services will involve strenuous activity, risk of injury and of death, whether caused by myself or someone else, and (c) I am voluntarily participating in the Services with the knowledge of the dangers involved, including, but not limited to, the potential for a heart attack, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee injuries, lower back injuries and soreness however caused, and any physical or property damage or loss, occurring during or after my use of the Services.
IN CONSIDERATION OF CROSSFIT ABOVE ALL ALLOWING MY PARTICIPATION, I HEREBY AGREE AS FOLLOWS:
- To be liable for the cost of repair or replacement if I cause any damage to the CrossFit Above All facilities (the “Facilities”).
- To waive any claims that I have or may have in the future against CrossFit Above All and its presidents, officers, directors, shareholders, employees, volunteers, affiliates, successors, estates, heirs, agents and independent contractors (together, the “Releasees”).
- To irrevocably release the Releasees from any claims of all kind (except as prevented by statute) for any Injuries, loss, damage, cost, or relief of any kind, resulting from or arising out of or connected with the Services, including without restriction, claims arising from excessive exertion, from the condition of equipment or premises or facilities, from the conduct of other members or third parties, and from negligence, including gross negligence, trespass, breach of contract, vicarious liability for any other person’s act or omission, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1979, c. 303, on the part of the Releasees.
- To defend, hold harmless and indemnify the Releasees from any and all liability for any damage to property of, or personal injury to, any third party resulting from my participation in the Services including any minors that I bring to the facility (each, a “Minor”). Without limitation to the foregoing, I agree to supervise such Minors and to be wholly responsible for their conduct at all times while in the Facilities, and that CrossFit Above All shall in no way have any obligation to supervise any Minors.
- This waiver and release shall (a) be governed by Alberta law, and (b) be effective and binding upon my spouse, heirs, next of kin, relatives, executors, administrators, assigns and representatives in the event of my death or incapacity.
I HAVE READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND AND AGREE THAT BY SIGNING THIS FORM I AM WAIVING ALL LEGAL RIGHTS AND REMEDIES THAT ARE AVAILABLE TO ME IN CONNECTION WITH MY USE OF THE SERVICES INCLUDING THE RIGHT TO SUE.