Terms and Conditions
Maiden Resistance LLC Terms and Conditions
This Membership Agreement (“Agreement” or “Membership Agreement”) is entered between Maiden Resistance LLC (“Maiden Resistance”), located at 401 W. Bridge St. in Streator, IL (“Maiden Resistance”), and you the member. Maiden Resistance is a boutique fitness studio offering group fitness classes, one on one personal training, and nutrition coaching. This Agreement entitles members access to participate in the services named above, and to enjoy other amenities offered.
Please review this Agreement thoroughly as it is a legal contract between Maiden Resistance and all members. By using the services offered at Maiden Resistance, members are agreeing to the terms of this Agreement.
PURCHASES AND PAYMENT
PAYMENT SUMMARY: Memberships have the option to be paid monthly, weekly, or monthly while bound to a 6 month contract.
Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Membership packages are billed in-full at the time of purchase. Regular monthly dues apply thereafter. Monthly membership payments shall be made on the day of the month in which the member becomes active, on a month-by-month basis, via automatic debited payment (credit card, or debit card). Weekly memberships are paid in advance weekly, on the day of the week in which the membership became activated, for the following week. Membership packages are billed in-full at the time of purchase. Regular weekly dues apply thereafter. Weekly membership payments shall be made on the day of the week in which the member becomes active, on a week-by-week basis, via automatic debited payment (credit card or debit card). Those who choose to be bound to a six month contract will be billed on the day of the month the member became activated, and on the same day of the month for five months after. Six month membership payments shall be made on the day of the month the member becomes active, on a month-by-month basis via automatic debited payment (credit card or debit card).
Additional terms regarding the automatic debited payments are outlined below:
In the event of a declined credit card/debit card, the member’s account will be immediately suspended, pending the member updating their payment information and their membership dues paid in full. Let it be known that membership pricing is valid throughout the lifetime of one’s membership. Once a member joins, their price point is locked in for the lifetime of their membership. If a member leaves Maiden Resistance and chooses to rejoin, they will be charged according to current membership pricing, rather than their original membership cost.
FREEZE POLICY: Members are not able to freeze their membership dues. Members must fully cancel their membership, while being aware that the pricing they had secured when they first joined may increase, resulting in their membership dues increasing when they choose to return to Maiden Resistance.
CLASS ATTENDANCE POLICY
SIGN-IN: Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their class by this time, it is considered a no-show and Maiden Resistance reserves the right to ask the client to attend a different scheduled class time, or leave the facility.. Classes begin promptly at their start time. It is the responsibility of the client to be ready to begin at the designated start time. There will be no holds for those who are running late, have given warning that they will be late, or those who are not ready to begin at the designated start time. It is encouraged that members treat participating in Maiden Resistance activities as a vital piece of self-care, therefore they should be completely present without distraction.
Maiden Resistance is a fitness studio intended for women+ over the age of 18. Memberships are restricted to women+ over the age of 18, as is entrance into the facility. Minors may not accompany members for class or use of the facility, nor may they be present during class times.
PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT PACKAGE PURCHASES
By purchasing a package from Maiden Resistance, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Members are required to keep a current credit card on file. All payments are auto-debited from the credit or debit card on file. Cash and check transactions are prohibited. Membership pricing is locked in during the lifetime of the membership. If there is a lapse in membership due to cancellation or failed payment, the member is subject to pay current membership fees upon re-joining Maiden Resistance. Members have the right to cancel their membership at any time without cancellation or reactivation fees.
CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Maiden Resistance account online. By placing a card on file, the cardholder and account holder gives permission to the Maiden Resistance staff to charge the card for any auto-debit packages.
AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Maiden Resistance to, on a recurring basis, automatically charge the debit or credit card account you specified, for the payments on your auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Maiden Resistance will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement. (2)Maiden Resistance may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (3) it is your responsibility to keep a current card on file with accurate billing information. Maiden Resistance cannot be held responsible for errors in processing due to expired or inaccurate information.
AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Maiden Resistance and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Maiden Resistance staff, you would be at physical risk participating in Maiden Resistance’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Maiden Resistance with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Maiden Resistance's concerns and stating that Maiden Resistance's concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Maiden Resistance, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Maiden Resistance's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Maiden Resistance's Classes and Facilities, and should not be participating in any Classes.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Maiden Resistance has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of Maiden Resistance will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending Maiden Resistance and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studio may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at Maiden Resistance(“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless Maiden Resistance, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Maiden Resistance, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Maiden Resistance program. You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. You agree to be solely responsible for the safety and well-being of yourself. You agree to comply with all rules imposed by Maiden Resistance regarding the use of the facilities and equipment. You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by Maiden Resistance. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER
You may cancel this Membership Agreement at any time. You must provide Maiden Resistance written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect for the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.
If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Maiden Resistance, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Maiden Resistance reserves the right to pursue additional avenues or means to receive monies owed.
This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Maiden Resistance’s’ services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability and (2) the member moves further than twenty five (25) miles from Maiden Resistance.
ANTI-SOLICITATION POLICY: In order to ensure confidence, privacy and promote collaboration and an open exchange of information to be enjoyed by all members, Maiden Resistance maintains a policy of non-solicitation of fellow members. Members are not allowed, at any time or for any reason, to solicit fellow members of Maiden Resistance, and/or employees of Maiden Resistance. Overt solicitation, misuse of personal contact information, social media, and private messaging or sharing of member information with non-members without the prior approval of the association is strictly prohibited. Violations are subject to immediate cancellation of membership, without refund, and loss of all rights and privileges. If you, a member, feel that another member is in violation of this policy, please report it to Maiden Resistance staff. It is our goal to maintain a safe, inclusive, and pressure-free environment.
CONDUCT/DAMAGES: Maiden Resistance is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Maiden Resistance rules and regulations or who abuse equipment in any fashion will be asked to leave. Maiden Resistance has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund or notice to any member engaging in unacceptable behavior. The member shall pay for any damages to Maiden Resistance property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. Maiden Resistance reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Maiden Resistance.
PHOTO/VIDEO RELEASE: You hereby grant Maiden Resistance, its representatives, employees, and/or agents the right to take photographs and video footage of you and your property while at Maiden Resistance and to use and publish these photos or videos in print and/or electronically. You agree that Maiden Resistance may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content.
To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email (firstname.lastname@example.org) from an email address on file with the studio, or delivered in person to Courtney Jonsson at 401 W. Bridge St. Streator, IL 61364.