Open Gym - Month 2 Month

  • Open gym allows athletes and clients to work during non-class hours only. Hours of open gym are

    Monday-Friday
    10:45am-12pm
    1pm-4pm

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Waiver

 

PERFORMANCE SPORT SYSTEMS, LLC D/B/A PERFORMANCE LACROSSE, CROSSFIT HARDSHELLS, & ROUND TRIP SPORTS

WAIVER AND RELEASE OF LIABILITY

 

 

I, the undersigned, hereby agree and consent to the voluntary participation in the camps, clinics, travel teams, lessons, leagues, games, practices, or other events ("Activity”) conducted and/or sponsored by Performance Sport Systems, LLC d/b/a Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports ("Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports”), on behalf of myself, or in the case of a minor, as the parent or legal guardian for the person who shall participate in the Activity ("Participant”). If the Participant is under the age of 18, his or her parent or legal guardian shall sign this Waiver and Release of Liability on behalf of the Participant.

 

 

 

I represent and warrant that the Participant is in good physical condition and is physically and psychologically prepared to participate in the Activity. I hereby consent to Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports providing the Participant medical attention, transportation, and/or emergency services, as warranted in the course of participation in the Activity.

 

 

 

I represent that the Participant has read and agrees to comply with all of the terms in the Code of Conduct found immediately after this Waiver and Release of Liability.

 

 

 

I acknowledge and fully appreciate that the Activity has risk of injury, damage and loss, including, without limitation, scrapes, bruises, and even more serious injuries, such as paralysis or death. I agree to assume all of these risks for the Participant. I, on behalf of Participant, his/her heirs, representatives and assigns, hereby waive and release Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports, along with its members, volunteers, sponsors, instructors, employees, agents, successors, assigns, and the facilities and fields at which the Activity is conducted, including, without limitation, Saint Andrew’s Episcopal School, and the owners, employees and agents of such facilities and fields, from any and all liability, damage, losses, demands, rights, claims and causes of action arising out of, or in any way connected to, Participant’s participation in the Activity conducted by Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports, including travel to and from such Activity, whether caused or alleged to be caused, in whole or in part, by Performance Lacrosse, CrossFit Hardshells, & Round Trip Sports, the field or facility, other participants, or otherwise.

 

 

 

I, the undersigned, warrant that I am at least 18 years of age and have the right to contract in my own name for myself as the Participant, or in the case of a minor, as the parent or legal guardian acting on behalf of the Participant. I represent and warrant that the Participant is fully informed and understands all of the contents herein. I understand that this Waiver and Release of Liability shall be binding on the undersigned, the Participant, his/her heirs, representatives and assigns.

 

 

 

I certify that I have read and understand the foregoing Waiver and Release of Liability. I am aware that this is a complete and unconditional release of liability and a contract that I am voluntarily signing on behalf of myself and the Participant, as applicable.

 

 

PERFORMANCE SPORT SYSTEMS, LLC D/B/A PERFORMANCE LACROSSE, CROSSFIT HARDSHELLS, & ROUND TRIP SPORTS

PRODUCTION RELEASE


 

I hereby grant to Performance Sport Systems, LLC, ("PSS”) the unrestricted right and permission to copyright and use, re-use, and republish pictures and videos of me or those in which I may by included, in whole or in part, in any and all media for any lawful purpose, including the right to:

 

  • Record my participation and appearance on video tape, audio tape, film, photograph and any other medium;
  • Use my name, likeness, voice and biographical material in connection with these recordings; and
  • Exhibit or distribute such recordings in whole or in part without restrictions or limitations for any educational or promotional purpose which PSS, and those acting pursuant to its authority, deem appropriate.

I hereby waive any right that I may have to inspect or approve the finished product or products, as well as the advertising copy or other matter that may be used in conjunction therewith or the use to which it may be applied.

 

I hereby release, discharge and agree to save harmless the photographer(s) and videographers, and/or their legal representatives and assigns, as well as PSS, its legal representatives and assigns, and those acting with its authority and permission, from any liability that may occur or be produced in taking of said pictures and/or video or in any subsequent processing thereof, as well as any publication thereof, including, without limitation, any claims arising from any actual or alleged violation or infringement of any trademark, trade name, contract, agreement, copyright, patent, libel, invasion of privacy, defamation or any other cause of action arising out of production, distribution and exhibition of the photographs, videos and images.

 

I hereby warrant that I am of full age and have the right to contract in my own name; if not, then my parent and/or legal guardian has read and hereby agrees to this release. I/my parent/ my legal guardian has read the above authorization, release and agreement, and is fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives and assigns.

 

 


Contract

CROSSFIT HARDSHELLS CrossFit Membership Summary

  • Memberships are paid in advance of service on the 1st day of each month.
  • New membership are prorated for the first month. Regular monthly dues apply thereafter with payments made the first day of each month.
  • Membership dues are paid by monthly automatic electronic payments (credit card, debit card, or automatic checking account draft).
  • Membership 30 days past due will be cancelled. Reinstatement requires payment of dues owed, reinstatement fee of $25 and payment of first month of new membership.
  • Written notice of 30 days must be given to assure cancellation of term memberships. No partial months.



NOTICE OF CONSUMER RIGHTS

This notice is an integral part of the application and contract for membership.


1.         Our business' registration number with the State's Consumer Protection Division is E4033.

2.         We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months' payment in advance or charge initiation fees over $200.

3.         If the CROSSFIT HARDSHELLS is closed for a month or more, you are entitled to your choice of either an extension of the CROSSFIT HARDSHELLS or a prorated refund. If the closing is not the fault of the business, we are entitled to choose.

4.         You have the right to cancel this CROSSFIT HARDSHELLS within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.

5.         If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the membership. Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so that we are not holding more than three months' payment in advance.



Membership

  • Term Membership: Your first month at CROSSFIT HARDSHELLS is prorated, contingent upon when this Agreement is initiated relative to the first of each month. Monthly dues are only prorated once, upon initial enrollment with CROSSFIT HARDSHELLS.
  • Month-to-Month Memberships: Members will need to pay on a monthly basis by check, money order or cashier’s check.
  • Term Membership Payments: All term memberships and guest fees are collected via auto-debit (i.e. electronic funds transfer) from either a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow CROSSFIT HARDSHELLS to automatically withdraw dues and fees as they come due each first of the month.
  • Family Memberships: Family is defined as spouse or children living in the same household. Only one member is allowed to satisfy dues. If a family membership drops to one member, the Dues change to the Individual rate in effect at that time.
  • Right to Modify Dues: If you have a Month-to-Month Membership, then CROSSFIT HARDSHELLS may increase your Dues at any time.
  • Three-day Right of Rescission – New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, CROSSFIT HARDSHELLS will return to the member within thirty days all amounts paid less $25 for usage of facility during those three days. To cancel, new members must inform CROSSFIT HARDSHELLS in writing of their intent to cancel by midnight or postmarked by midnight of their business day after signing this Agreement. Written intent to cancel can be delivered to CROSSFIT HARDSHELLS in person or e-mailed to info@crossfithardshells.com.


  • Availability of Facility
    • Class or by appointment only: CROSSFIT HARDSHELLS does not provide an "Open Gym” facility. Members may use the facilities only during scheduled events or by appointment. Operating hours and current class schedules are listed on our website at www.crossfithardshells.com.  CROSSFIT HARDSHELLS reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement.
    • Limited Availability: CROSSFIT HARDSHELLS may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. CROSSFIT HARDSHELLS may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement. If no part of the Facility is unavailable for more than three (3) consecutive days (not including Sundays) for any reason but less that fifteen consecutive days (not including Sundays), except acts of nature, CROSSFIT HARDSHELLS will extend your membership, without Dues, for the same period the Facility was unavailable. Should the Facility become unavailable for more that fifteen consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel this membership effective the following 1st of the month. CROSSFIT HARDSHELLS will not be responsible for refunding any membership fees paid.
    • Limited Use: If you know or should know you have a problem that might prevent you from using CROSSFIT HARDSHELLS (i.e. medical or family emergency, business travel, vacation, etc…) and you sign this Agreement; you agree that your monthly membership is limited accordingly. However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carry-over of monthly dues into subsequent months for any time unspent using the Facility in a previous month. See our Freeze Policy for Term Membership and our cancellation Policy for other options.
  • Freeze Policy for Term Membership – Members may put their term membership on hold, in one calendar month increments, for up to three (3) calendar months per year for a fee of $25 per freeze request. Notice of freeze must be given to CROSSFIT HARDSHELLS via email info@crossfithardshells.com at least 3 working days prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. The current membership agreement will be extended by the number of month frozen.
  • Late Payment/Declined Credit Card Fees _ A $15 late payment will be due and payable for payments received past the 5th of the month. A returned check or declined credit card/ debit card will result in a fee of $25. Membership fees must be paid on or before the first day of the month. Members who are not current will not be allowed to participate in classes after the 5th of the month.
  • Cancellation of Membership by Member - A member may cancel his/her membership at any time with at least a 30 day notice. Please remember partial months are not permitted. If a member cancels on or after the 2nd of any month, then payment will still be due the following month on the 1st. There are no refunds for membership fees, and the CROSSFIT HARDSHELLS will not prorate a cancelled membership.
  • Lost Articles - CROSSFIT HARDSHELLS assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.
  • Smoking, Alcohol, Food and Drink - No smoking is allowed in any part of the facility. Food or Drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises.
  • Supervision of Children -
  • a. Members must be 14 years of age or older unless supervised by a parent or legal guardian at all times.
  • b. Guest/Visitors under the ae of 14 must be supervised by a parent or legal guardian at all time.
  • c. Children between 12 and 14 may participate on a case-by-case basis in regular classes if the parent or legal guardian is present. CROSSFIT HARDSHELLS will be the sole determiner if a child between the ages of 12 and 14 may participate in regular classes. This determination will take into account the following and other factors: physical and emotional maturity, physical ability to safely perform exercises, ability to follow instructions, and/or a determination that regular classes will allow for greater progress than Kids Classes.
  • Conduct - CROSSFIT HARDSHELLS is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threating, obscene, harassing, indecent, or illegal behavior. CROSSFIT HARDSHELLS has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of membership without refund of a member engaging in unacceptable behavior.
  • Damages - Members shall pay for any damages to CROSSFIT HARDSHELLS property which result from the willful or negligent member, member's guest or dependent children.
  • Rules and Regulations - Member who do not observe CROSSFIT HARDSHELLS rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership of anyone who refuses to observe any of the CROSSFIT HARDSHELLS's rules or regulations. Not all rules and regulations are listed in this agreement. CROSSFIT HARDSHELLS reserves the right to add, change, or remove rules, conditions of memberships, opening and closing hours, and all services and facilities offered by CROSSFIT HARDSHELLS
  • Miscellaneous -
  • a. This Agreement contains the entire agreement between the parties, and supersedes and prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties.
  • b. Member has read, and fully agrees to the terms of this Agreement and understand and agrees that by signing this Agreement (which contains a waiver, release and assumption of risk) member has given up considerable further legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement, or in the case of a minor, as the parent or legal guardian acting on behalf of the Member.
  • c. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.

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