I am at least 18 years, or I am the parent or legal guardian of a person under the age of 18, and wish to enter into this General Terms Agreement ("Agreement"), either on my behalf or on behalf of my minor child, with Elite Speed Sports Performance., its subsidiaries and affiliates ("Elite Speed Sports Performance") to obtain an Elite Speed Sports Performance membership that includes the primary member and all additional members listed above("Additional Member(s)"). I understand that this membership will not be effective until this Agreement has been executed and all of its terms have been complied with. No person on this membership that is 18 years of age or older may use an Elite Speed Sports Performance center until signing a Member Usage Agreement. Any aspect of this membership may be amended and the rights in and to this membership may be assigned by Elite Speed Sports Performance without notice. By providing an email address, I expressly consent to receiving both membership-related and commercial e-mail messages regarding various Elite Speed Sports Performance products and services. Cancellation information is found in the Voluntary Termination provision below, which includes the ability to send a cancellation notice to Elite Speed Sports Performance, via bottom of the Elite Speed Sports Performance website elitespeedsp.com under cancel link.
MEMBERSHIP | INITIATION FEES
Joining Fees. I agree to pay the Initiation and Membership Fees listed above to obtain this membership, including enrollment and/or administrative fees. These are non-refundable fees, except as otherwise described. If membership or any member is terminated or removed, additional Joining Fees will apply only at the time of initial sign up.
Membership Dues. Membership Dues consist of all dues applicable to the membership, including but not limited to the Primary Member, any Additional Members and any Junior Members as set forth above. The Membership Dues are due and payable in advance on the first of each month that this membership remains in effect. Elite Speed Sports Performance reserves the right to determine the amount and terms of payment of Membership Dues and any other fees, including service, late or invalid payment fees (set forth in club policies), all of which dues and fees may be increased in Elite Speed Sports Performance's sole discretion.My obligation to pay Membership Dues is not dependent upon usage of Elite Speed Sports Performance' centers, participation in Elite Speed Sports Performance' programs, availability of or access to all of Elite Speed Sports Performance' centers or whether or not each person on this membership has signed a Member Usage Agreement.
MEMBERSHIP FEES PAYMENT, STATUS CHANGES AND REFUND AUTHORIZATION
I authorize Elite Speed Sports Performance or its agents on its behalf to, depending on my method chosen, automatically and without notice charge my designated credit/debit card or draft from my designated checking/savings account (together, "EFT"), for this membership's Joining Fees, first month's Membership Dues, Semi Private Auto Renew Program on the date of my enrollment, and on a monthly basis thereafter for any and all amounts due and owing to Elite Speed Sports Performance, including my then-current month's Membership Dues, any outstanding portions of my Joining Fees or Membership Dues, any Experience Elite Speed fees, any fees for Elite Speed Sports Performance services or products, any late fees, any collection costs, and payments that I, anyone on this membership, or any guests under this membership owe for the submission of invalid payment instruments. I have a right to receive notice if Elite Speed Sports Performance increases my monthly Membership Dues drafted from my designated checking/savings account. If Elite Speed Sports Performance increases my monthly Membership Dues by 5% or less, I waive any written notice to me of such increase to the amount of my monthly EFT. I also agree to waive written notice of an increase in any amount to my monthly EFT attributable to additional products and services purchased from Elite Speed Sports Performance or to other fees, dues, costs or charges that Elite Speed Sports Performance collects via my EFT, including its resubmission of declined transactions during or after termination of my membership. If I fail to timely pay amount(s) due and owing, I will be assessed a late $10 fee (or other amount as permitted or required by law), and/or my membership benefits may be restricted (including club access) and this membership or any aspect thereof may be suspended, considered delinquent or terminated, without notice and at the option of Elite Speed Sports Performance. If I submit an invalid payment instrument, such as a dishonored check, I will be assessed a $20 fee in addition to all amounts due and owing. During any period of suspension or delinquency pending termination of my membership for nonpayment, I understand that my membership remains in effect such that I am responsible for payment of Membership Dues and other fees, dues, costs or charges to my EFT as authorized above. I understand that Elite Speed Sports Performance may use services made available by card issuers which automatically update my card information and prevent disruptions due to account changes, such as an expired card or reissued card. I may opt-out of this service at any time by contacting my club. I will be responsible for all collection costs, including attorney or other collection fees. In the event that I am due a refund, I authorize Elite Speed Sports Performance or its agents on its behalf to refund my designated credit/debit card or checking/savings account.
CLUB TAB AUTHORIZATION
In consideration for Elite Speed Sports Performance allowing my credit card to be placed on file as a payment method for the products and services available at Elite Speed Sports Performance' centers, I certify that I am the cardholder of the credit card described above and I authorize each of the members 9 years of age or older listed above to use my credit card at any time as a payment method for the products and services, in any amount, that such members purchase at a Elite Speed Sports Performance center. I agree to pay and specifically authorize Elite Speed Sports Performance or its agents on its behalf to charge my credit card described above for all transactions in which I or any member that I have authorized to do so use my credit card as the payment method for products and services purchased at any Elite Speed Sports Performance center until such time as my written request to revoke or terminate such authorization has been processed by Elite Speed Sports Performance. I agree that Elite Speed Sports Performance may in its sole discretion terminate or restrict the use of my credit card on file at Elite Speed Sports Performance' centers. My authorization and card information may only be changed or cancelled in writing by me as the cardholder.
VOLUNTARY TERMINATION & CANCELLATION POLICY
I may terminate this membership for any reason during the first 7 days of membership and receive a refund of the Joining Fees and Membership Dues. This guarantee does not apply if I previously have terminated an Elite Speed Sports Performance membership or to any products or services that were a part of any membership package or that I or anyone else on this membership have purchased within this period. I may terminate or suspend this membership for any reason beyond the first 7 days of membership by giving advance written notice as described below. During the voluntary termination period, the privileges of this membership will remain in effect. To terminate or suspend my membership, I agree to provide one month (30 days) advance written form filled out notice to Elite Speed Sports Performance. Terminations and suspensions will be effective 30 days following the date of notice (e.g., written/emailed notice received by Elite Speed Sports Performance on January 15 will terminate or downgrade my membership effective February 14). Any membership dues paid for partial months will be prorated to the effective termination or downgrade date. I must provide written/form filled out cancellation via one of two methods. I may go to elitespeedsp.com and go to the bottom of the page and fill out the appropriate cancellation form. I may also go to firstname.lastname@example.org and provide the following information. Payor Name, Client Name, Payor Address, Payor Email, Payor Phone, Reason for cancelling, satisfaction with the service that Elite Speed Sports Performance has provided. I may provide written/emailed notice of termination or downgrades in person at my club or as otherwise permitted by Elite Speed Sports Performance alongside of one of the Directors of Development.No voluntary termination is effective until I have paid Elite Speed Sports Performance all amounts due and owing. Any refunds will be processed within 60 business days and refunded electronically to my designated credit/debit card or checking/savings account.
MEMBERSHIP | SERVICE LEVELS AND TYPES
Elite Speed Sports Performance at its sole discretion reserves the rights to change and alter any membership privilege level and allowance without written notice to customers. The memberships & service levels and types, the availability of which vary by location, include:
1) Elite Speed Sports Performance - Training Only Membership: $19.99 / month (Including priority scheduling with the UC Health medical system, nutrition coaching, accessibility to Elite Speed 2.0 - which is at the sole discretion and removal of Elite Speed Sports Performance), Access to all Elite Speed Sports Performance Training Centers in the presence of a corresponding Sports Performance Specialist.
2) Elite Speed Sports Performance Private Training Sessions: Private training sessions ranging in 1 session package to 40 session package. Private training sessions expire 24 months from date of purchase regardless of usage or not. Elite Speed Sports Performance Membership MUST be in effect to utilize Private Performance Training Services.
3) Elite Speed Sports Performance Semi-Private Training Sessions: Semi-Private training sessions ranging in 4 and 40 session packages. Semi- Private training sessions expire 24 months from date of purchase regardless of usage or not. Elite Speed Sports Performance Membership MUST be in effect to utilize Semi-Private Performance Training Services.
4) Elite Speed Sports Performance Semi-Private Monthly Auto-Renew Sessions:nSemi-Private training monthly auto renewal sessions come in various monthly session allowances ranging from 4 sessions/ month to unlimited sessions/month and facilitate like a membership to where it renews on the 1st of each month. If you do not utilize all of your purchased training sessions, they do not roll over, and they are non-refundable. There is a 30 day cancellation notice that is of the exact nature to the Elite Speed Sports Performances Membership. Elite Speed Sports Performance Membership MUST be in effect to utilize Semi-Private Performance Training Services.
1) Various Packages & Offers: Including but not limited to Black Friday / College Student deals which may provide access which from the activation date through the expiration date to the one (1)Elite Speed center specified above as well as any corresponding Performance Services. The provisions regarding Membership Fees, Membership Fees Payment and Refund Authorization and Voluntary Termination may not apply. I may terminate this membership type only within the first seven days of membership. If I choose to terminate within the first seven days of membership, I will follow the termination request process described above in order to receive a refund.
COLORADO STATE LAW PROVISIONS
If the terms and conditions above differ from the following state law provisions, the provision more favorable to me will apply:
Notice of Rescission: I may rescind this membership contract within three days after I receive a copy of the membership contract. I may rescind by telegram, mail or hand delivery. Notice of rescission is considered given, if by mail when postmarked, if by telegram when filed for telegraphic transmission, or if by hand delivery when delivered to the seller's place of business.
Termination Upon My Death or Disability: I may terminate this contract if I die or become totally physically disabled as determined by a licensed physician or advanced practice nurse for the duration of the membership contract.
Termination Upon Relocation: I may terminate this contract if the Elite Speed Sports Performance center specified in this contract moves to a location that is more than five miles from the location from when I entered into this contract or if my membership is transferred to a location of the same club or another club, which location is more than five miles from the location of the club when I entered into this contract and this transfer occurs because of cessation of health club services at the club location from which the membership is transferred.
Termination Upon Closure: I may terminate this contract if the Elite Speed Sports Performance center specified in this contract permanently discontinued operation of the health club or sells the health club and the sale results in substantial alteration of the quality of health club services or facilities or nature of benefits so that they no longer conform to the provisions of my membership contract, but there shall be a thirty-day "right to cure" during which the fees payable by me under my membership shall be suspended and the health club may bring the services, facilities, and benefits into conformance with the provisions of my membership contract.
Termination Due to Delay During Presale: During presale, I may terminate this contract and receive a full refund of all payments made pursuant to this membership contract if the Elite Speed Sports Performance center specified in this contract is not open for use within sixty days from the date specified in this contract.
I agree to and accept all terms and conditions in my General Terms Agreement with Elite Speed Sports Performance, including the voluntary termination provisions above. I acknowledge that I have received a copy of my General Terms Agreement, whether in person or by printing or saving an electronic copy.