Membership and Waiver
This contract shall not obligate the buyer for more than three years (36 months) from the date the contract is signed.
NOTICE: Phorm Fitness urges all members to obtain a physical examination from their physician prior to the use of any exercise equipment or attendance in any exercise class. In recognition of all the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waives any right to cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to Phorm Fitness, its officers, agents, employees or instructors.
If by any reason of death or permanent disability, the member is unable to complete the training program, he and his estate shall be relieved from the obligation of making payment for training other than receive prior to death or disability, and that if he has prepaid any sum for training, so much promptly returned, less an amount not to exceed 10% of the total contract price. Should member(s) permanently move their residence more than 25 miles from affiliated area, payment on this agreement will be suspended upon payment not to exceed 10% of the total contract price and legitimate verification of the move.
Phorm Fitness may retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price. Also, if Phorm Fitness is closed for a period longer than 30 days through no fault of the buyer of the health club service contract, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or receive a prorated refund of the amount paid by the buyer under the contract. Phorm Fitness maintains an irrevocable letter of credit to protect buyers of these contracts who are damaged or suffer loss by reason of breach of contract or bankruptcy by the seller with the Director of the Division of Consumer Affairs.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER
BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
There is a $10/month freeze fee, this includes Paid in Full agreements.
Subject to the following conditions:
(1) The items outlined in Your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, You authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
(2) One-Time Transfers: When You provide a check as payment, You authorize the Company either to use information from Your check to make a one-time EFT from Your account or to process the payment as a check transaction. When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
(3) If the regular payments set forth in the Membership Agreement should vary in amount, You are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, You choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment You have made.
(4) By executing this Agreement, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Company’s website: www.phormfitness.com under Terms of Service.
(5) The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(6) If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
(7) If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
(8) By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases.
Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
(9) This preauthorization payment arrangement shall apply to the following the signee.
Waiver:
Because physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk.
Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of property.
This waiver and release of liability includes, without limitation, all injuries which may occur as a result of (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the health club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for personal injury or property damage.
To the extent that a statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Club, its agents, and employees.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed herefrom.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
Subject to applicable law, Member agrees that KMS Fitness LLC may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, KMS Fitness LLC.
Contact. Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Phorm Fitness and KMS Fitness LLC and KMS Fitness LLC, including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC.
Arbitration. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third-party payment processor, which is currently KMS Fitness LLC.
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN Consent. Certain laws and regulations may require Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC, and to promptly notify either entity of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC.
To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Phorm Fitness and KMS Fitness LLC and/or KMS Fitness LLC.
In order to provide a safe and healthy experience for our entire Community of Members, Team Members, and Guests, Phorm Fitness has adopted this new Code of Conduct. The Code of Conduct (the “Code”) is intended to provide health and safety standards that are required by all Members, Team Members, and Guests when using Phorm Fitness’s facilities, programs, or any services, to ensure the welfare and protection of all parties.
Phorm Fitness grants the privilege of membership; therefore, Phorm Fitness may cancel your membership (and any services or products purchased from Phorm Fitness) at any time for non-compliance with the Code. By signing this form, you are acknowledging that you 1) fully read and understand Phorm Fitness’s Code of Conduct, and 2) will abide by these standards described here within at all times when using any Phorm Fitness facility or any other product or service included with your membership.
As a Member or Guest of Phorm Fitness, I agree I will:
Adhere to all Phorm Fitness facility ‘Rules and Regulations’ in conjunction with the Code of Conduct
NOT visit any Phorm Fitness facility if I am aware of or displaying any symptoms that are potential flu- like indications such as fever, cough, or any difficulty with breathing
Assume any and all liability for my health and well-being by physically attending the premises of a Phorm Fitness facility despite the recent COVID-19 pandemic
Wash my hands prior to entering our Fitness Center or Group Fitness Studios upon arrival check in at the front desk and when leaving check out using my key tag or phone app and the scanner provided at the front desk.
Agree to, if asked, due to the state-imposed occupancy limit of 25% capacity, wait in my car for others to leave prior to beginning my workout.
Abide by the physical distancing rule(s) by keeping a 6-foot distance between Members, Team Members, or Guests at all times when using any Phorm Fitness facility or any other product or service included with your membership
As per NJ State guidelines wear a mask while in the gym and Minimize and avoid unnecessary physical contact with others
NOT attempt to use equipment that is non-operational or has any sign communicating non-use for any reason stated by Phorm Fitness Management
Thoroughly wipe down equipment after every use with the sanitation supplies provided by Phorm Fitness and ensure all trash is discarded in designated waste baskets only
Return all equipment to the original place for proper storage after every use
Understand the gym is no longer issuing towels for personal use, I may bring my own.
Locker room use is limited to hand washing & restroom use only. Members should come dressed to workout, Showers and Steam rooms are closed until further notice
Understand all water fountains are not available for use
Understand that the hours of operations for all Phorm Fitness facilities may include a daily intermission for sanitation and cleaning purposes, and as such, I may not check-in for a new workout, but I may conclude my workout if I checked in before the posted period
Thank you for doing your part as we work together to keep our
community safe for all our valued Members, Team Members, and Guests.Please check back with us regularly in the club or on our local Facebook pages as guidelines may change based on CDC and State requirements for sanitation, physical distancing, Member, Team Member, and Guest safety, as well as facility and amenity hours of operation.