These terms and conditions apply to all services provided by CRUSHHOUSE LLC, located at 651 E Snowy Owl Dr. Shelton, WA 98584. You agree that Crushhouse LLC's Terms and Conditions may be revised, supplemented or amended in the sole and absolute discretion of Crushhouse and any such changes shall become immediately effective upon posting or other notice provided to Customer, including any posting on a website owned, published or maintained by Crushhouse.
- PAYMENTs and FEEs. Unless otherwise provided herein, payments to Crushhouse are non-refundable.
- ASSUMPTION OF RISK. Customer, on behalf of himself/herself as well as any dependent children, or guests, understands and agrees that engaging in physical activities and participation in and/or use of Crushhouse facilities involves an inherent risk of loss or injury to persons or property. Customer further understands that this risk includes, without limitation, loss or injury arising from or relating to (i) Customer's participation in and/or use of St. James' facilities, whether supervised or unsupervised and whether on or off Crushhouse premises; (ii) any dietary recommendations by Crushhouse staff, (iii) medical disorders resulting from Customer's participation in and/or use of Crushhouse facilities including, without limitation, death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks, stroke, injury to bones, joints, or muscles, and complications or other consequences relating thereto; (iv) accidents (whether caused by Customer or any other person), including, without limitation, slip and fall accidents in or around Crushhouse premises including parking areas, while participating in and/or using Crushhouse facilities or traveling to/from Crushhouse (v) theft or loss of personal property (including, without limitation, personal property kept in cubbies); and (vi) theft or loss of property while using Crushhouse facilities. Customer expressly agrees that Customer (a) is participating in and/or using Crushhouse facilities at Customer's sole risk with knowledge of the dangers involved, and (b) to the extent permitted under applicable law, assumes all risk of loss and/or injury to persons or property (including, without limitation, the risks enumerated above) and full responsibility for such loss or injury whether due to participating in and/or using Crushhouse facilities, improper supervision or instruction, or for any other reason whatsoever, including, without limitation, ordinary negligence on the part of Crushhouse and its principals, contractors, affiliates, employees, equity holders, directors, officers, agents, representatives, successors, assigns, guests, or invitees (each a "Crushhouse Party"). Customer is cautioned against bringing valuables onto Crushhouse premises. Without limiting anything set forth in this Agreement, all personal effects, automobiles, and other property brought by the Customer onto St. James' premises shall be solely the Customer's responsibility, and no Crushhouse Party shall be liable for any damage, destruction, theft, or other loss of such personal property.
- WAIVER OF LIABILITY AND INDEMNIFICATION. Customer, on behalf of himself/herself as well as any dependent children, or guests, hereby waives and releases Crushhouse, its agents, representatives and employees for liability for claims of property damage or loss incurred by Customer, his/her family members or guests upon Crushhouse facilities or at Crushhouse sponsored events. Customer agrees to indemnify Crushhouse, its agents representatives and employees from and against any and all demands, claims, suits, actions, causes of action, and liabilities, including attorneys' fees, resulting from personal injury, property loss or damage directly or indirectly caused by Customer or Customer's family and/or guests, including negligent, reckless, and intentional conduct.
- AGREEMENT TO ARBITRATE ALL DISPUTES. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND CRUSHHOUSE ("CRUSHHOUSE" AS USED IN THIS PROVISION INCLUDES ALSO INCLUDES CRUSHHOUSE AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND CRUSHHOUSE CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR CRUSHHOUSE LOCATION, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND CRUSHHOUSE ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND CRUSHHOUSE. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF CRUSHHOUSE IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.
- HEALTH WARRANTY AND ASSUMPTION OF RISK. Customer represents that Customer, and any sub-members, dependent children, or guests, is/are in good health and has/have no known disability, impairment, injury, disease or ailment preventing him/her/them from engaging in active or passive exercise of which would cause increased risk or injury or adverse health consequences as a result of use of Crushhouse or its facilities in any manner. Crushhouse does not assess the health of new members for purposes of determining ability to engage in exercise and other activities; any fitness assessment or similar testing is solely for the purpose of providing comparative data to allow the Customer to track personal progress. Customer agrees to follow any and all health and safety instructions provided by Crushhouse regarding use of its facilities and equipment to prevent accidents and injuries. Customer acknowledges that the use of Crushhouse facilities, equipment, services and programs involves an inherent risk of personal injury and that Customer should be aware of his/her medical history and consult with a physician prior to engaging in or continuing exercise. Customer assumes all risks of personal injury to him/herself, his/her family members and guests. ("Customer," as used in this provision, also includes any of Customer's sub-members, dependent children or guests who use Crushhouse facilities.)
- NOTICES. Except as otherwise stated herein, all notices to Crushhouse shall be mailed (certified or registered, return receipt requested) to 651 E Snowy Owl Dr. Shelton, WA 98584 or to such other address designated for notice as posted on the Crushhouse website. A cancellation notice should include sufficient information to identify Customer, including name, address and/or email address. Customer agrees to the use of e-mail, text messaging, mail, telephone (including cell phone), and any other form of communication via a mobile device, the internet, or other electronic or technology-based media as a form of personal and promotional communication with Crushhouse. Customer e-mail addresses will not be sold or rented to third parties, but may be made available to contract vendors solely for promoting affinity programs with Crushhouse. Crushhouse will remove Customer's e-mail address from its database upon Customer's written request.
- UNPAID BALANCES. Customers will not be permitted to use any St. James facilities unless all fees and charges are current. Unless prohibited by law, Customers are obligated to pay any collection and/or legal costs and/or reasonable attorneys' fees and costs incurred by Crushhouse for collection of fees and/or charges. Dues must be paid by midnight on the due date or access to Crushhouse facilities will be suspended. If a Customer's Agreement with Crushhouse is terminated due to nonpayment, Customer will be required to pay a new initiation fee. In addition, Crushhouse reserves the right to charge any credit card or other account identified on Customer's Crushhouse Recurring Payments Authorization for the unpaid balance of any goods or services purchased and not paid for in another manner. If any check or ACH transaction payable to Crushhouse is not honored, then Crushhouse will assess a $50 charge for each returned check/ACH and collect the current and past-due balance in any subsequent month.
- BILLING AND ACCOUNT INFORMATION. You agree to provide us written notice ten (10) days in advance of any changes to your billing or account information. Such information includes your name, address, e-mail address, phone number, and payment information, such as your credit card, debit card, or bank account information. You authorize us to seek and obtain information about changes to your billing account numbers and status from third parties, such as your bank or our credit card processor.
- PHOTO AND MEDIA RELEASE. Customers, dependents and guests recognize and acknowledge that, in the course of business, Crushhouse may may record activities at the facilities that include Customer or guest participation and likeness on any recorded medium (including, but not limited to, video, audio and photos) for use in any form (including, but not limited to, print, broadcast, websites, blogs, and internet). Customers consent to such recording and release Crushhouse to use their likeness and/or voice to exhibit or distribute such recordings in whole, or in part, without restrictions or limitations for any educational or promotional purpose. Crushhouse is not liable for any Customer's appearance in media or broadcast. ("Customer," as used in this provision, also includes any of Customer's dependent children or guests who use Crushhouse facilities.)
- HEALTH INFORMATION CONFIDENTIALITY. Customer understands that it is very common for Crushhouse customers to disclose various information about their personal health as well the health of dependent children or guests who use Crushhouse facilities. All such information will be kept confidential by Crushhouse staff, but it is not covered by or protected under the Health Insurance Portability and Accountability Act (HIPAA).
- PRIVACY. Cell phone usage and photography is prohibited on Crushhouse premesis unless consent for use is obtained by Crushhouse staff.
- ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive agreement between the parties and there have been no promises, warranties or representations pertaining directly or indirectly to this Agreement which are not contained herein. This Agreement may be modified only by an instrument, in writing, signed by both the Customer and an authorized representative of Crushhouse.
- SEVERABILITY. If any portion of this Agreement shall to any extent be declared unenforceable or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
By U.S. Mail at:
651 E Snowy Owl Dr.
Shelton, WA 98584
By telephone at: 360.790.6570
By email at: firstname.lastname@example.org