Membership Agreement
*As of January 1st, 2024
RELEASE OF LIABILITY AND ASSUMPTION OF RISK – INDEMNITY – COMMUNICATIONS CONSENT
Using the Woodinville Sports Club (WSC) facilities, services, or activities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your acceptance of the benefits under this agreement, you understand and voluntarily accept this risk and agree that WSC, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including minors in your care, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of WSC or anyone on WSC behalf or anyone else whether related to exercise or not. You agree to indemnify, defend and hold WSC harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify WSC from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if Woodinville Sports Club was negligent. Further, you understand and acknowledge that Woodinville Sports Club does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Woodinville Sports Club is providing recreational services and may not be held liable for defective products.
By signing below, you (1) acknowledge and agree that you have read the foregoing and know of the nature of the activities at Woodinville Sports Club and agree to all terms herein, and (2) give my express consent for Woodinville Sports Club to contact me and send me marketing communications by direct mail, telephone, pre-recorded message, text message, instant message, email and other means.
PRIVACY POLICY:
At WSC we respect your privacy. We do not share, rent, sell, or otherwise use any personal information you have given us to any third party without your permission, except when required by law, subpoena or other legal process, or in order to protect the safety of the public. Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented. Since this policy may change over time as we modify or expand our services, we suggest that you check from time to time in order to understand how we treat your personal information. Your use of this website and its services constitute your agreement to the terms of our privacy policy. If we decide to change those policies, we will post those changes on this page so that you are always aware of what personal information we collect, how we use it and under what circumstances we disclose it. Your continued use of this website and its services constitute your agreement to any such changes. We will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. We will use this information in order to customize and enhance the services we offer to customers. Examples of such information are: name, age, gender, business, home or postal address, e-mail address, phone numbers, and travel preferences. We may share non-personal aggregate, or summary, information regarding customers with partners or other third parties, but we do not sell or share any information at the individual customer level.
TERMS AND CONDITIONS
PAYMENT TERMS:
Member/Passholder agrees to make timely payment of ALL fees associated with their Member/Passholder agreement including on account retail payments. All payments will be done through Electronic Funds Transfer (EFT) from Member/Passholders financial account (Credit/Debit Card, Checking/Savings Account). Payment for Member/Passholder agreement dues and fees will be charged on join date and reoccurring based on type of Member/Passholder agreement or access pass. It is the responsibility of the Member/Passholder to keep ALL account information accurate and current.
A Joining/Rejoining fee will be assessed at the start date of membership. This includes returning customers previously enrolled with passes or membership.
DEFAULT AND LATE PAYMENTS:
Should Member/Passholder default on any payment obligation as called for in this agreement, WSC will have the right to declare the entire remaining balance due and payable and Member/Passholder agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Should any monthly payment become more than ten (10) days past due, Member/Passholder will be charged a late fee. An additional service fee may be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member/Passholder is paying monthly dues by Electronic Funds Transfer (EFT), WSC’s Designated Billing Company, Caliber Labs, LLC, reserves the right to draft via EFT all amounts owed by the Member/Passholder including any and all late fees and service fees subject to appropriate State and Federal Law.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY:
WSC hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member/Passholder agrees to authorize the new Designated Billing Company to continue drafting Member/Passholder’s account.
MAINTENANCE OF FACILITIES:
WSC may be temporarily closed for periods of up to two (2) weeks each year for maintenance purposes. If a Facility Maintenance Charge is implemented in the future, Member/Passholder will be given a minimum of a sixty (60) day notice of the amount owed and due date. Member/Passholder authorizes the Designated Billing Company to automatically draft this amount along with the Member/Passholder’s regular Member/Passholder agreement dues.
NOTICE: ANY HOLDER OF THIS AGREEMENT 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.
MEMBER/PASSHOLDER OBLIGATIONS:
Member/Passholder agrees to abide by all WSC policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other Members/Passholders with courtesy.
Member/Passholder agrees to pay monthly dues on time, including notifying WSC promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
WSC Management reserves the right to increase late penalty amount with 60 day notice to Member/Passholder agreement.
Member/Passholder agrees to pay all costs of collection incurred by the holder of this agreement if Member/Passholder’s account becomes more than sixty (60) days past due.
Member/Passholder agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.
Member/Passholders are required to check in with the front desk using their provided WSC QR Code or valid photo ID.
MEMBERSHIP/PASSHOLDER AGREEMENT DISABILITY:
If Member/Passholder becomes temporarily disabled, Member/Passholder may freeze their account for up to three (3) months. The request must be made in writing and WSC may require proof of the disability and a written physician note verifying that the Member/Passholder is not physically able to use the facilities of WSC.
A medical issue is the only circumstance Member/Passholder can freeze their account and must be accompanied with appropriate information from the
doctor or medical facility (nature of injury, approx. recovery time). If Member/Passholder is permanently disabled, Member/Passholder may cancel this Agreement with the standard 30 day notice to cancel Member/Passholder agreement in writing. If account is currently frozen for medical reasons and it is determined that Member/Passholder is permanently disabled, the 30 day minimum notice can be waived.
If Member/Passholder’s account is frozen for any reason, Member/Passholder will be assessed a fee as outlined in the WSC Member/Passholder agreement . Regular payments and time will be added to the end of the existing Member/Passholder agreement term (if applicable).
CANCELLATION POLICIES:
Member/Passholder’s accounts will continue to accrue monthly Member/Passholder agreement fees until explicitly canceled by the Member/Passholder. Member/Passholder understands that WSC will under no circumstance automatically cancel an account on behalf of the Member/Passholder and that the Member/Passholder is responsible for giving appropriate written notice to WSC. Member/Passholder’s account must be current before any cancellation will take effect.
Member/Passholder may cancel their Member/Passholder agreement and receive a full refund within three (3) business days of signing this Agreement by providing a written notice and returning all access cards to WSC. If access cards are not returned, WSC will deduct the cost of the cards from the refund.
CANCEL@WOODINVILLESPORTSCLUB.COM. In the event the Member/Passholders next scheduled billing date is less than 30 days from the submission date they WILL be billed the full amount of their dues per the terms outlined in their contract. Any payments due prior to cancellation taking effect will still be due and payable.
Annual fees, prepaid dues, programming, lessons, and punch cards will not be refunded regardless of illness, injury or personal circumstance.Funds may be returned to WSC accounts only as balance credits when allowed.
If Member/Passholder dies or becomes totally and permanently disabled, Member/Passholder or Member/Passholder’s estate may cancel this Agreement by providing a written request and certifiable proof of disability or death. For permanent disability, Member/Passholder’s doctor must provide certification of the disability and state that the Member/Passholder is unable to use any of WSC’s facilities. Any pre-paid dues remaining will not be refunded.
WSC reserves the right to cancel or suspend the Member/Passholder agreement of any person for any reason. If such cancellation or suspension is made due to violation of WSC policies, violation of terms of this Agreement, or due to damage rendered by Member/Passholder or Member/Passholder’s guests, Member/Passholder will remain responsible for the financial obligations of this Agreement. In the case where the facility or its contents are damaged, Member/Passholder is also responsible for any repair or replacement thereof.
To cancel for any of the above reasons, Member/Passholder is to send or deliver a written notice to WSC or to the Designated Billing Company, and remit payment for any past due balances.
SUMMARY OF CLUB POLICIES:
WSC reserves the right to refuse service to anyone.
Member/Passholder, by executing this Agreement, does hereby join WSC and such agreement entitles the Member/Passholder to use the facilities. The Member/Passholder is entitled to use the facility only and Member/Passholder is required to provide Member/Passholder’s own athletic equipment and clothes. The Member/Passholder may be subject to additional charges for and including, but not limited to, tennis courts, lessons, and personal training. The Member/Passholder may also be charged for purchases through the use of their account number.
Member/Passholder must present upon entering WSC his/her QR Code in the WSC CourtReserve mobile application.. Member/Passholder agrees that Member/Passholder may be denied access to WSC without his/her Member/Passholder agreement card. If a Member/Passholder QR Code is not provided, Member/Passholder agrees to show driver’s license or other valid state or federal ID.
Member/Passholder agrees to abide by all Member/Passholder agreement regulations of WSC. Member/Passholder agrees to comply with stated and customary rules for participation and use of equipment. Unless canceled as provided in this Agreement, Member/Passholder will be responsible for all payments due and owing under this Agreement, even if Member/Passholder does not use WSC’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability.
If Member/Passholder violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, WSC may suspend the Member/Passholder’s right to use the facility until such time as the Member/Passholder provides WSC with reasonable assurance of future compliance. During the period of any such suspension, the Member/Passholder shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Member/Passholder agreement Agreement. Additionally, Member/Passholder may be assessed an account suspension fee not to exceed $10/month. In the event a Member/Passholder continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member/Passholder’s Member/Passholder agreement may be terminated by WSC, and the balance of the Agreement declared due and payable in full immediately.
Member/Passholder agrees that he/she shall not engage in any type of commercial or business activity while using the facilities unless allowed by WSC Management. Member/Passholder shall not act as a trainer for any other Member/Passholders or guests and any acts which constitute such business activities are strictly forbidden. If Member/Passholder engages in such commercial or business activities Member/Passholder’s Member/Passholder agreement shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.
Member/Passholder agrees that Member/Passholder shall abide by WSC dress code at all times while in the facility. Member/Passholder must wear a shirt or top at all times. in WSC. Proper footwear for the environment being used is required to be worn.
Member/Passholder agrees that he/she will not use loud or profane language upon WSC premises nor will Member/Passholder molest, badger, assault or harass other WSC Member/Passholders, guests or employees. If Member/Passholder engages in such behavior, Member/Passholder’s Member/Passholder agreement shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.
Member/Passholder understands that WSC prohibits the use of any drugs or steroids and Member/Passholder agrees not to use any drugs or steroids on WSC premises. Member/Passholder acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Member/Passholder recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon WSC premises.
Member/Passholder agrees that if he/she fails to use WSC facilities that this failure shall not release the Member/Passholder from the obligation to make all payments required by the terms of this Member/Passholder Agreement.
Member/Passholder agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this WSC is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.
Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that WSC shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
Both Member/Passholder and WSC hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
Member/Passholder authorizes WSC, and Caliber Labs, LLC. to contact Member/Passholder by e-mail or telephone.
Lockers are for day use only and Member/Passholders are responsible for providing their own lock. Contents on lockers left overnight will be removed at the end of the business day. WSC is not responsible for any lost or stolen items.
WSC may take images or videos of Member/Passholders and guests for marketing or social media purposes. If you do not wish to have images taken by WSC, please let the team Member/Passholder know, so that you can opt out. By your continued use of WSC’s premises and services, including participation in the class, you irrevocably consent to and grant WSC the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the images for any purpose in any media or form of communication, without additional consent and without compensation, including but not limited to WSC’s commercial and promotional use on its corporate or employee social media sites.
SAFETY NOTICES:
WSC Member/Passholders are welcome to bring friends, family Member/Passholders and co-workers to enjoy the facilities. Payment of applicable guest fee required before using the facility, unless otherwise posted. An individual can be a guest up to the limit outlined in the WSC Member/Passholder Agreement Guide. If this policy is violated, at the sole discretion of the facility management, the Member/Passholder may be charged a guest fee and/or have their Member/Passholder Agreement suspended or canceled, the balance of this Agreement declared due and payable in full immediately and be assessed a penalty of up to $250.00. Member/Passholders may not allow anyone else to use their QR Code and must alert WSC immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
Member/Passholders who do not have their WSC issued QR Code or valid state/federal ID may not be allowed into the facility during non-staffed hours, nor should they expect for anyone else to let them into the facility.
Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for personal training services are to be made to WSC (unless otherwise arranged with WSC Management), who will then pay the trainers as the services are provided.
All Member/Passholders have access to a free orientation to the facility and the proper use of its equipment. It is the Member/Passholder’s responsibility to request this orientation.
It is each Member/Passholder’s individual responsibility to wipe down the equipment and re-rack the weights the Member/Passholder has used.
Member/Passholders are hereby required to use the safety features of the equipment. If a Member/Passholder is unsure of how to use a machine, the Member/Passholder should obtain instructions from the staff or personal trainers.
Member/Passholders are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member/Passholder’s Member/Passholder agreement, and the balance of this Agreement being declared due and payable in full immediately.
This WSC has a strict age requirement policy. Please see WSC Member/Passholder agreement Guide for more details
WSC retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Member/Passholder agreement Guide or at WSC from time to time and all Member/Passholders shall be subject to strict compliance therewith. The most current copy of the WSC Member/Passholder agreement Guide can be found at WSC or at WSC’s website.
By submitting the creation of this account, Member/Passholder acknowledges receipt and agrees to terms outlined in this Member/Passholder agreement Agreement.