MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between you and Breuckelen Athletic LLC, a New York limited liability company, with its principal place of business located at 121 3rd St, Brooklyn, NY 11231 (“Breuckelen Athletic”). Please review this Agreement thoroughly as it is a legal contract between Breuckelen Athletic and all members. By using the services offered at Breuckelen Athletic, members are agreeing to the terms of this Agreement.
We promise to provide you with access to our studio and the full use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at Breuckelen Athletic (the “Membership”) according to the terms outlined in Schedule “A” Memberships below.
This Agreement will be binding upon your Membership payment and will last for the time specified in Schedule “A” Memberships below or as specified online or as agreed upon between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
Please consult Breuckelen Athletic or refer to our available schedule of classes for the exact scheduling and time of our classes.
4.1 Payment Summary. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in USD. The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Additional terms regarding the automatic debited payments are outlined below. 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. In the event of three (3) failed payments, you understand that Breuckelen Athletic may contract a collection agency to collect the money from you.
4.2 Incremental Payments. If your method of Payment includes Incremental Payments, you authorize Breuckelen Athletic to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you. Breuckelen Athletic will charge your method of payment as outlined in Schedule “A” for the Incremental Payment. We will notify you at least one (1) day before the Payment charge.
5. FREEZE POLICY
Members may put their membership on hold, in one-month increments, for up to three (3) calendar months. Notice of intent to freeze one’s account must be submitted to Breuckelen Athletic via email at info@breuckelenathletic.com no less than ten (10) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. 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 end of freeze months.
6. RESERVING CLASSES
You are solely responsible for the booking and cancelling of your classes. You may reserve class spots online through your account, through the Breuckelen Athletic website.
7. CANCELLATIONS
Reservations may be cancelled without penalty by cancelling up to twelve (12) hours prior to the class start time. This may be done online via a client’s account, or by calling the studio during regular operating hours and confirming with studio staff. Once the class is cancelled within this time, the class will be returned to your account, and you will not be charged the cancellation fee. If you do not cancel at least twelve (12) hours before class, you will not receive your class credit back.
8. REFUNDS
All sales are final. Memberships are non-refundable and non-transferable.
9. CREDIT CARD ON FILE
You may elect to keep a credit card on file using your Breuckelen Athletic account online. By placing a card on file, you give permission to the Breuckelen Athletic staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the Breuckelen Athletic, cancellation policy detailed above.
10. AUTO-DEBIT
By enrolling in an auto-debit contract, you authorize Breuckelen Athletic to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your plan associated with your account, on the billing due date. You understand and acknowledge that (1) Breuckelen Athletic will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Breuckelen Athletic 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 Breuckelen Athletic 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 e-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; and (5) it is your responsibility to keep a current card on file with accurate billing information. Breuckelen Athletic cannot be held responsible for errors in processing due to expired or inaccurate information.
11. TERMINATION
You may cancel this Membership Agreement at any time. You must provide Breuckelen Athletic written notice via e-mail or a letter mailed first-class of your intent to cancel, no less than ten (10) 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 affect 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 ten (10) business 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.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Breuckelen Athletic, 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 Breuckelen Athletic reserves the right to pursue additional avenues or means to receive monies owed.
12. LEGAL FEES
You will be responsible for any and all legal fees incurred by Breuckelen Athletic regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
13. NO GUARANTEES
Breuckelen Athletic cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depends on your commitment.
14. STUDIO CLOSURE
If our studio and facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership continues with online content.
15. SUBSTITUTE SERVICES
Breuckelen Athletic has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
16. WAIVER
Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
17. COVID-19 / INFECTIOUS DISEASE
Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our studios or facilities. You further agree to follow the relevant guidelines and comply with studio policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.
18. INDEMNITY
You hereby fully indemnify Breuckelen Athletic LLC and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of Breuckelen Athletic’s negligence, provided that where Breuckelen Athletic has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
19. CONDUCT/DAMAGES
Breuckelen Athletic 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 Breuckelen Athletic’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Breuckelen Athletic 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 Breuckelen Athletic 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. Breuckelen Athletic reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Breuckelen Athletic.
20. PHOTO/VIDEO RELEASE
You hereby grant Breuckelen Athletic, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Breuckelen Athletic and to use and publish these photos or videos in print and/or electronically. You agree that Breuckelen Athletic 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.
21. FORCE MAJEURE
Breuckelen Athletic will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of Breuckelen Athletic, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery
22. MISCELLANEOUS
This Agreement will be governed exclusively by the laws of the State of New York. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of New York. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. The waiver by Breuckelen Athletic of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.
Thank you for taking the time to read this. Let’s begin!
