Membership Agreement -Guidelines and Policies-

These Membership Guidelines and Policies (the “Policies” or this “Agreement”) prescribe certain terms and conditions by and between a member (“I”, “Member” or related terms) and Anchored Fitness and Performance (the “Company” or “Port Tower CrossFit”), which provides a Member with fee-based services on physical exercise (the “Services”). To become a Member of Port Tower CrossFit, each Member must read and agree to the Policies:

1. APPLICATION AND AMENDMENT OF POLICIES
By signing this Agreement to apply for the Membership, I understand that I will be entering into a legally binding and enforceable agreement with Anchored Fitness and Performance as follows: Please enroll me in the program I have selected and, subject to Port Tower CrossFit’s Liability Release; I agree to pay your fees as indicated. I understand that the Policies will govern all aspects of my participation in a program of physical exercise under the direction of Port Tower CrossFit. Training which may include, but not limited to, weight and/or resistance training, cardiovascular training, and floor mat exercises and Port Tower CrossFit agrees to instruct, assist and provide training (the “Program”) that I voluntarily take and the fee arrangements I elect to make. I also agree to comply with the Policies and procedures that Port Tower CrossFit and its instructors may from time to time communicate to me.

2. COMMITMENT AND ATTITUDE
I acknowledge that a large portion of my success will be based on my commitment to follow instructions and my attitude towards the Program. Results are optimal when I complete all assigned workouts, adhere to the nutrition guidelines given, and complete all assigned tasks designed in the Program.

3. MEMBERSHIP AND PAYMENT
The Membership is for providing Services over a specific period of time during which the Member is eligible to partake in any and all Programs in accordance with the Membership. This is NOT a guarantee for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

Members have the following options for payment of the Program fee:

1. Reoccurring Monthly payment for a Membership by credit card charged on the 1st of each month.
2. Cash payment in advance by the 25th of the month for a Membership in the following month.

Payment in full may also be made for entire Membership by Cash or Credit Card

A fee of JPY3,000 will be charged on any declined credit card payments or payments that are later than the 10th of the payment month.

4. On Ramp
Members recognize that all 3 classes of the On Ramp must be completed before beginning classes as a regular member.

5. CANCELLATION
If you do not wish to continue the Program before it is completed, you will be charged 50% of the balance of the Program fees. One can also choose instead to purchase Personal Training Sessions of equal or greater value. In the event the Member relocates away from Kobe (more than 30km) such charges will be nullified. If the Member has prepaid any sum for the Services, so much of such sum as is allocable to the Services the Member has not taken shall be refunded.

6. HOLDS
All Memberships can be put on hold and have their memberships fee prorated for the days that they will be able to attend classes.

The request to place the Membership on hold must be submitted via e-mail by the 25th of the prior month for that month to be prorated. There are no retroactive holds, and all hold requests must include an end date (or return date) with the following exceptions:
1. A member is severely injured or sick, or
2. Maternity Leave

In both cases, the return date will be mutually determined based on the recovery and recuperation of the Member. Documentation from a physician is required to waive hold fee and there is no retroactivity.

Holds can be set for a maximum of 1 month. Consecutive Holds can be requested if the Hold period will extend over 1 month.

There will be a 2,000 yen administration fee per hold except in the above exceptions for injury, sickness or maternity leave.

7. UPGRADES, CHANGES & RENEWALS
Members may upgrade their Membership at any time by submitting a request via email. To upgrade Membership, a new Membership commitment must be selected for an equal or longer commitment than remaining on their current Membership.

In order for a Membership to be changed to a shorter time commitment or from Unlimited to 2x per week Membership, notification of this change must be sent via email by the 25th of the Month of the last month of the existing Membership.

Memberships will automatically renew as single month memberships unless notified by the 25th of the month of the last month of the existing Membership. Membership type, in regards to frequency of allowed gym use, will remain the same as your previous membership. (Ie. if you had a 2x week membership you would be renewed to a 1 month 2x week membership).

8. FACILITY USAGE
Only Members with Unlimited Memberships are eligible to use the Facility anytime during normal working hours between 6:00am – 9:00pm; provided, however, that regularly scheduled Group Classes, private training, small group classes and staff sessions take priority over floor space and equipment.

2x per week Members are permitted to use the facilities 2 (two) days per week. Use of Open Gym will constitute use of a day for the week, however, attendance of additional classes that same day is acceptable.

9. PRIVATE AND SMALL GROUP PERSONAL TRAINING SESSION
Port Tower CrossFit provides you with an appointment-based schedule to allow you the private and individualised time required for your Private or Small Group Personal Training session (“Private Session”).

A Private Session will be scheduled on a 30-minute time frame and be in 60-minute increments. Please arrive 15 minutes prior to your Private Session to warm up. Even if you are late for the Private Session, it will still end at the scheduled time. If you are more than 15 minutes late for the Private Session for any reason, it will be considered a cancellation and you will be required to pay the fee for the whole Private Session.

It is important that Members provide their trainer with at least 24 hours prior to the scheduled Private Session when you need to cancel an appointment. Failure to cancel a Private Session within this time period will result in the Member being charged for the Private Session. Should the Member wish to reschedule an appointment, a minimum of 24 hours-notice is required. We will do our best to accommodate your requests to reschedule appointments but will not guarantee that a trainer will be available.

We understand that in times of emergencies and illness it is not always possible to provide 24 hours-notice. In the event of a late cancellation of a Private Session, please let us know how we can use the time to benefit your training. You may also want a new Program to do when you are away on vacation, new recipes to try, or for us to look over your eating journal.
If you cannot take your Private Sessions once a week or if you cancel the appointments, you can make them up by booking another Private Sessions the following week. Private Sessions must be made up during the duration of your personal training contract unless you hold your Membership.

10. RULES AND REGULATIONS
Whether in class, the facility or at events, members who do not observe Port Tower CrossFit’s Policies in any fashion will be asked to leave and lose their right of membership. This includes and is not limited to slander, violence, intimidation, persecution, molesting, flashing or the abuse of other members, staff, equipment, and/or the Facility. Port Tower CrossFit reserves the right to terminate the Membership of anyone who refuses to observe any of Port Tower CrossFit’s Policies.

11. INDEMNIFICATIONS
(Handling of images)
Member consents to the use of Member’s images in the form of photographs and videos on web sites and social media, and in newsletters for the purpose of spreading the activities of Port Tower CrossFit. The Company will respond in a timely manner to requests from Member to delete images.

(Waiver of Company’s liability for compensation)
Company shall bear no liability for any damages incurred by Member or by third parties inside or outside the Facility during the use of Facility by Member, Trial Member, Personal Training Client or Event Participant except in cases of willful or gross negligence on the part of Company.

Company shall bear no liability for the theft, loss or damage of possessions during use of Facility by Member, Trial Members, Personal Training Clients or Event Participants.

(Member’s liability for compensation)
Members, Trial Members, Personal Training Clients and Event Participants shall be liable for any damages inflicted on the Facility or third parties both inside and outside the Facility as a result of the use of Facility by Member, Trial Member, Personal Training Client or Event Participant when said damages are the fault of Member, Trial Member, Personal Training Client or Event Participant.

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