CrossFit Monthly

•Unlimited Access
•All Classes
•Renews Monthly, No limits on visits each month

$170 - Billed Monthly until cancelled

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CrossFit Rail Trail Liability Waiver(1839)

Overview - Express Assumption of Risk and Release of Liability and Indemnity Agreement 

I understand that any recreational activities and exercise programs that I undertake at CrossFit Rail Trail may expose me to risk of personal injury. I agree that it is solely my responsibility and not the responsibility of CrossFit Rail Trail to require me to consult with a physician prior to commencing any such programs, to remain under the medical supervision if that is indicated, and to seek medical assistance in the event of an injury. I recognize that the use of the exercise equipment and other facilities provided by CrossFit Rail Trail entail some risks of an injury to myself and to others and I agree that I will use such equipment and facilities with due care. I hereby release CrossFit Rail Trail and its officers, directors, employees, agents, licensees, consultants, independent contractors and affiliates, from any liability from property damage, personal injuries or other claims arising from or in connection with my participation in any exercise program, the use of CrossFit Rail Trail facility and all other courts, fields and trails. I understand that CrossFit Rail Trail may from time to time photograph, video, or otherwise document workouts and activities in which I participate at the CrossFit Rail Trail facility for use on websites and social media, as well as for internal and business use. I hereby grant CrossFit Rail Trail and its licensees and assign an irrevocable right, title and license to use, simulate and impersonate my name, likeness, voice, appearance, performance and/or biographical information, in connection with the uses described above. Such rights are worldwide, without limitation in number or occurrences or type of media, whether now existing or hereafter created, for a period of without limitation.

Details - Express Assumption of Risk and Release of Liability and Indemnity Agreement 

1. In consideration of being allowed to participate I/Releasor, the Member, agree and acknowledge that I am fully aware that participation in the Activity/programs/classes may involve risks and I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.  

2. "Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or death in connection with participation in the Activity/Class.  "Released Party” means CrossFit Rail Trail dba SMP Athletics LLC and all of the affiliates, franchisees and their respective representatives, directors, officers, agents, employees and volunteer staff. 

3. I agree and acknowledge that: (a) I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death; (b) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured; and (c) I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.

4. I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else.  Without limiting the foregoing, I further release any recourse, which I may now or hereafter have resulting from any decision of any Released Party. 

5. I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else.  I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.

6. I am aware that it is advisable to consult a physician prior to participating in the Activity.  If I have consulted a physician, I have taken the physician’s advice. 

7. I am aware that there is no obligation for any person to provide me with medical care during the Activity.  I understand and acknowledge that:  (a) there may be no aid stations available for the Activity; and (b) If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.  

8. I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose ("Images”), including commercial use by the released parties, their sponsors and their licensees.  This permission is for use anywhere in the world and on the Internet and for an unlimited period of time.  I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images.  I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them.

9. I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images.

10. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

11. All participants must be at least 18 years of age unless they have parental or guardian approval. If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit Rail Trail to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.

12. You must be a member in good standing to be on the workout floor.

13. All members, guests and visitors must sign in with the front desk staff before entering the workout floor.

14. CrossFit Rail Trail memberships are non-transferrable, non-assignable, and non-saleable.  Any such attempted transfer, assignment or sale is void and will not be honored by SMP Athletics, LLC dba CrossFit Rail Trail.

15. SMP Athletics, LLC dba CrossFit Rail Trail and its staff are not responsible for personal property left on, or stolen from, the premises or parking lot.

16. Parking is available only during the duration of your workout.  SMP Athletics, LLC dba CrossFit Rail Trail are not responsible for theft or damage to personal property or any other injury while parked at the facility.

17. Abuse of SMP Athletics, LLC dba CrossFit Rail Trail’s equipment or fixtures, fighting, threatening or disrespectful behavior toward our staff or members are grounds for immediate membership suspension and/or termination.  

18. Termination with/without cause:  SMP Athletics, LLC dba CrossFit Rail Trail may, at its option, terminate Member’s membership if (1) Member fails to make timely payments under any payment plan, (2) Member fails to follow the CrossFit Rail Trail rules and regulations or this Agreement, or (3) Member’s conduct is improper or harmful to the best interests of CrossFit Rail Trail, its staff and its members.  Termination for cause is effective on the date that CrossFit Rail Trail mails a written notice to the Member’s last known address.  SMP Athletics, LLC dba CrossFit Rail Trail reserves the right to terminate any membership for any reason not identified in this agreement and that is not prohibited by law.  If SMP Athletics, LLC dba CrossFit Rail Trail terminates a membership under this provision, CrossFit Rail Trail will mail written notice to the Responsible Party/Participant and refund any unused prepaid dues.

19. SMP Athletics, LLC dba CrossFit Rail Trail reserves the right to refuse entry or membership to anyone.

20. All Memberships are Auto Renewing. When you sign up for a membership, the membership will auto renew on the same date of the following month. At the end of the membership, rather than asking you every month if you’d like to renew, all memberships automatically renew unless you specifically cancel or freeze. New Memberships are billed on the 1st of the month. Mid-month membership sign ups receive a first month proration, with a full membership charge on the 1st of each following month.

21. Pauses - 1 week (7 days) of notice is required for any freeze to be instated.  All freeze requests must be sent in writing via email.  A start and end date must be established.  Once the freeze "End Date” passes the membership then becomes active again as a normal membership.  If notice of a pause comes after your time away, we are not responsible for extending your membership for the time you have already missed.  If you decided to cancel during or at any time after a pause the normal 7-day cancellation notice will be assessed as per the information below.

22. Cancellations and Refunds

23. 1 week (7 days) of notice is required for any cancellation. All cancellations require an email sent in writing to crossfitrailtrail@verizon.net to give notice.  A cancellation must be received in writing 7 days prior to the end of the billing cycle.  If received after, no refund will be given.

24. Punch cards are non-refundable.

25. This agreement constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties.  This agreement may be modified only by an instrument in writing signed by all parties.

26. I have fully read and understand the foregoing release and waiver.  I am aware that by signing this release and waiver, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.

BY SIGNING BELOW, Participant accepts and agrees to the terms and provisions contained in this agreement.

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CrossFit Monthly Contract

EFT Request and Authorization: Client hereby authorizes CrossFit Rail Trail or its assigns to make periodic charges or withdrawals (“EFT Authorization”) from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by CrossFit Rail Trail for payment of any and all fees, late charges, costs, expenses or any other monies due to CrossFit Rail Trail under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals under the EFT, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, CrossFit Rail Trail. Client may timely notify the financial institution in control of Client’s account to terminate this Request, but such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. CrossFit Rail Trail or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid EFT draft – ten dollars ($10.00); unpaid EFT draft (after re-submittal) fifteen dollars ($15.00); unpaid credit card debit – fifteen dollars ($15.00); unpaid customer check – fifteen dollars ($15.00). Payments received more than ten (10) days after the due date are assessed a late fee of fifteen dollars ($15.00).

Additional Terms and Provisions

Fitness Program Membership Services: CrossFit Rail Trail’s obligations hereunder and the undersigned Client’s membership is conditioned upon the Client executing this Agreement and the Client otherwise complying with this Agreement (including, without limitation, the Rules defined below). For purposes of the foregoing conditions, the term, “client” shall include each individual (i.e., spouse and children) included in a membership. The CrossFit Rail Trail facility is located at 157 Washington Street Hudson, Ma 01749. Note that this is not an “open gym” format. All services are by class or appointment-only training, unless otherwise noted. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

Compliance with Rules: Client shall abide by all membership and facility rules and regulations established by CrossFit Rail Trail, which may be posted at the facility, provided in writing, or issued orally and which may be amended from time to time in the sole discretion of CrossFit Rail Trail (collectively, “Rules”). I agree that improper or unauthorized use of the facility or violation of the Rules may result in membership suspension or cancellation at CrossFit Rail Trail’s discretion.

Refunds: No refunds shall be made for services purchased, except as specifically provided in the Agreement.

Payment and Billing: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Monthly payment by credit card or EFT per the guidelines on page one of the Agreement. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account. Should Client’s credit card payment fail to authorize for any reason, a $10 late fee will apply if Client fails to provide a valid credit card within 10 calendar days of the original rejection date.

Automatic Renewal and Cancellations: All 6 and 12-month memberships will automatically continue for all monthly EFT contracts after termination of the 6 or 12-month period. As otherwise provided herein, a membership may not be canceled. Clients who cancel prior to the end of the Initial Period will be charged a $250 cancellation fee, the price difference between this contract price and month to month price times the number of months as a member, as well as a $75 fee for the Elements course if you cancel your membership before 6 months.

In addition, Client’s services will be deactivated if his/her account becomes more than 30 calendar days late.

Clients who terminate memberships and who wish to renew will be required to pay any outstanding balance. CrossFit Rail Trail reserves the right to cancel a Client’s membership at any time.

Client’s Additional Rights to Cancellation: You or your estate may cancel this contract for any of the following reasons: (1) if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of six months; (2) in case of your death; (3) If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, or substantially changes the operation of a health club or location.

If by reason of death or disability, Client is unable to receive all CrossFit Rail Trail services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).

Client’s Right To Hold: The Client may, for periods of two weeks or longer, “put on hold” 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.

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, CrossFit Rail Trail shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If CrossFit Rail Trail delays or refrains from exercising any rights under this Agreement, CrossFit Rail Trail does not waive, nor will CrossFit Rail Trail lose those rights. If CrossFit Rail Trail accepts late or partial payments from the buyer, CrossFit Rail Trail 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.

Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the Commonwealth of Massachusetts.

Consumer’s Right to Cancellation:

You may cancel this contract without any penalty or further obligation by causing a written notice of your cancellation to be delivered in person or postmarked by certified or registered United States mail within three (3) business days of the date of this contract or the date of your receipt to the address specified in the contract.

Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of the health club services, any such negotiable instrument shall be void upon cancellation under this section and shall also be returned to the buyer within said fifteen days.

By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement. Client further acknowledges Client had received a filled-in and completed copy of this agreement, which includes the E.F.T. request and Additional Terms and Provisions. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and CrossFit Rail Trail. CrossFit Rail Trail has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.