Terms & Conditions
These terms and conditions are entered into between Z Fit Sport (“Z Fit”) and You (“Member”).
These terms and conditions are entered into and between Z Fit Sport (“Z Fit”) and You (“Member”).
Services: Membership entitles the usage of Z Fit facilities and the equipment & services available therein during normal hours of operation.
Membership: The membership is personal, and cannot be shared.
Age Limit: The Member confirms that he/she is 18 years old or older. For persons under 17 years of age, exceptions are granted based on parental/guardian consent.
Health: The Member confirms that he/she does not suffer from health problems that would hinder exercise or prevent him/her from engaging in exercise, or that would be detrimental or adverse to the Member’s health, safety or physical condition if he/she did exercise. In case of any doubt, the Member shall seek advice by a medical doctor who should confirm the ability to exercise. Z Fit shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition. If an assessment is done at Z Fit, it is for the sole purpose of compiling comparative data in order to track the Member’s progress in a program and not for diagnostic purposes.
Insurance: The Member confirms that he/she holds the necessary insurances to cover any accident or training incident. Z Fit shall not be subject to any claim, demand, or injury whatsoever in regard to the assessment of the Member’s health condition or for any injury arising out of the Member’s disability, impairment or ailment.
Liability: Each Member of Z Fit shall be liable for any property damage and/or personal injury caused by the Member at the Z Fit premises. It shall be the obligation of the Member to pay for any costs involved upon presentation of a statement thereof.
Waiver of Liability: Any and all use of the Z Fit facility shall be at Member’s own risk at all times. The Member shall not utilize the machines unless he/she knows the correct usage of the training device. Z Fit shall not be liable for any injuries, physical impact or damages to the Member, or the property of the Member, or be subject to any claim arising out of the use of the premises and/or of the machines made available to the users.
Personal Belongings: Each member is responsible for the safety of his/her personal belongings. Z Fit does not take responsibility for loss or theft of those personal belongings. Any items left in Z Fit premises will be kept for a period of 2 weeks.
Use of the Facilities: The facility shall be used for training purposes only. No other activity will be allowed, and violations will result in a Termination of Membership without refund. Examples of activities that will result in a termination of membership without refund include, but are not limited to:
· Consumption of alcohol, tobacco or illegal substances.
· Working out under the influence.
· Conducting business or paid services (e.g solicitation of personal training services).
Code of Conduct: The Member shall respect the behavioral and operating principles and follow them on all occasions. This includes, but is not limited to:
· Wearing appropriate and clean clothes and shoes.
· Using a towel at every workout and leaving machines and surfaces clean after usage.
· Never allowing entrance into the Z Fit facility to anybody else.
· Behaving in a friendly and respectful manner towards the other members in the gym as well as the staff.
· No sleeping or lingering shall be allowed.
· Sandals or any open footwear (e.g. Crocs) should not be worn while working out. Failure to comply with footwear requirements is done so at the risk of the member. Z Fit will not be held responsible for any personal injuries.
Suspension/Termination of Membership: If the Member behaves in a way that breaches the code of conduct, interferes or disturbs other members or staff, or that the management considers inappropriate, the membership can be suspended or terminated at management’s sole discretion. If the Member does not pay the membership fees, the membership can be suspended or terminated at management’s sole discretion. The payment duty remains until the original contract period ends.
Access & Security: Z Fit is open limited hours (subject to change) Monday through Saturday unless for special reasons. The Member agrees that all activities shall only be performed under the presence and surveillance of employees of Z Fit.
Payment: The Member is responsible for the payment of the membership. This is true even if the amount is debited directly by Z Fit. Agreed price only applies if the Member paid according to the agreed conditions.
Annual pre-paid membership (12 months): the full amount is paid at the point of this agreement Annual subscription membership (paid monthly over 12 months): the 1st month’s payment and the sign-up fee is paid at the point of this agreement. The following monthly payments should be paid before each new month. The member is responsible for all payments, also in the case of automatic debits by Z Fit. If the payment is late the member will receive a reminder email from Z Fit and the access will be blocked. The membership continues to run even if the access is blocked. If after 60 days the invoice is still not paid, the Member is in violation of the contract and the total outstanding amount of the contract will be due. Z Fit will transfer the case to a debt collector, which will add additional fees. This fee is irrevocable, even if the reminder emails have not been received. As soon as the debts are paid, the access will be granted again to the clubs.
Monthly membership (1 month): the 1st month’s payment and the sign-up fee is paid at the point of this agreement. If the Member wishes to extend the membership, the Member simply has to pay for the next month before the current month expires. If the Member doesn’t pay, the membership will stop at the end of the last paid month, after which the contract is annulled. If the Member has given approval for an automatic debit from his account or card, the cancellation must be announced minimum 2 weeks before the next debit.
Per session: Fees per session shall be paid at the time of the session based on the fee schedule.
Start Date & Duration: The start date of the membership is specified during the sign-up. Annual memberships are valid 1 year from the start date. Monthly memberships are valid 1 month from the start date.
Satisfaction Guarantee: During 7 days from the start of the membership, the Member can cancel his/her membership free of charge, and will be reimbursed in full.
Renewal & Cancellation:
Annual membership (12 months pre-paid or subscription): The contract runs for 12 months, during which time it cannot be cancelled. At the end of the contract period, the membership is automatically renewed for 12 months unless the Member sends a cancellation email to firstname.lastname@example.org at least 1 month (30 calendar days) before the end of the contract period. Z Fit will send a reminder via email 2 months before the end of the contract period. The member is responsible for his own cancellation, even if the email reminder was not received.
Monthly membership (1 month): the membership extension is triggered by the payment of a subsequent month. If no payment is done, the membership stops at the end of the contracted month. If the Member has opted for a direct debit from an account or card, the cancellation must be announced at the latest 2 weeks before the end by sending an email to email@example.com.
Exceptional cancellation: a cancellation is exceptionally granted if the Member moves more than 25 miles away from the facility and only on presentation of a State-issued driver’s license or identification card.
Sign-up Fees: There is no sign-up fee.
Price Changes: All prices are fixed for the duration of the contract. A price change can be implemented for the prolongation of a contract. In such cases the price change is communicated via email 2 months before the effective date.
Frozen Membership: It is possible to freeze the membership due to i) medical reasons, upon presentation of a physician’s note/letter, or ii) military service upon presentation of the official call to duty. The membership can be frozen for up to 6 months, and is automatically activated once the period ends. The membership cannot be frozen in retrospect.
Transfer Membership: Memberships are non-transferrable.
Court of Jurisdiction and Applicable Law: These Terms and Conditions and all matters arising out of or relating to the access to the Member’s use of Z Fit premises and training devices shall be governed by the substantive laws of the State of Illinois and the United States of America, without regards to principle of conflicts of laws thereof. Any controversy, claim or dispute between the Member and Z Fit arising out of or relating to these Terms and Conditions and/or the Member’s use of Z Fit premises and training devices shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of Z Fit.