PURE FORM TRAINING WEST SACRAMENTO LLC
MEMBER PARTICIPATION, WAIVER, AND BILLING AGREEMENT
By selecting “I Agree,” I confirm that I have read, understand, and accept all terms below.
1. Assumption of Risk
I understand that participation in fitness and training activities involves inherent, known, and unknown risks, including injury, illness, disability, property damage, or death. These risks may result from my own actions, the actions of others, facility conditions, equipment use, instruction, or environmental factors. I voluntarily and knowingly assume all risks.
2. Personal Responsibility
I confirm that I am physically and mentally able to participate. I have disclosed relevant medical conditions and will not exceed my personal limits. I will follow all coaching and safety instructions.
3. Release and Waiver of Liability (Including Negligence)
I expressly release, waive, and discharge Pure Form Training West Sacramento LLC, its owners, employees, coaches, contractors, and agents (“Released Parties”) from any and all claims arising out of my participation. This includes claims resulting from the active or passive negligence of the Released Parties. This release does not apply to gross negligence, reckless misconduct, or intentional wrongdoing.
4. Waiver of California Civil Code Section 1542
I waive California Civil Code Section 1542, which provides that a general release does not extend to unknown claims. I knowingly and voluntarily waive this protection.
5. Medical Authorization
I certify that I am physically able to participate. In an emergency, I authorize Pure Form Training to obtain medical care on my behalf. I accept financial responsibility for such care.
6. Indemnification
I agree to indemnify and hold harmless the Released Parties from any claims, damages, or expenses arising from my participation or conduct.
7. Facility and Equipment Use
I accept the facility and equipment “as is” and agree to use them as instructed. I will immediately report unsafe conditions.
8. Photo and Media Release
I consent to the use of my likeness, image, voice, and appearance in photographs, video, and other media for promotional, educational, and marketing purposes.
9. Communicable Disease Risk
I understand and accept the risk of exposure to communicable illnesses.
10. Membership Term and Auto-Renewal
I understand that my membership begins on the start date of my selected plan and continues according to its stated billing cycle.
Unless I cancel in accordance with this agreement, my membership will automatically renew and continue on a recurring basis under the same terms and current rates.
11. Cancellation Policy
To cancel my membership, I must submit written notice by confirmed email to Pure Form Training at least thirty (30) days before my next scheduled billing date.
Cancellation requests submitted after this deadline may result in one additional billing cycle.
12. Minimum Term Commitment and Early Termination
If my membership includes a minimum term commitment, I understand that I am responsible for completing that term.
If I request early termination before the end of the minimum term, I agree to pay an early termination fee equal to fifty percent (50%) of the remaining balance as a reasonable estimate of Company losses.
13. Membership Hold Policy
I may request to place my membership on hold for up to two (2) months.
Holds are subject to a fee of $25 per month.
The membership term will be extended by the length of the hold period.
14. Billing Authorization and Recurring Payment Consent
I authorize Pure Form Training to initiate recurring charges to my designated bank account, debit card, or credit card for all membership fees, program fees, holds, late fees, and authorized charges according to my selected plan.
Recurring charges may occur every twenty-eight (28) days or according to my billing schedule.
I understand that these charges will continue until I properly cancel.
I acknowledge that these charges are authorized and not fraudulent.
15. Chargeback and Payment Dispute Agreement
I agree not to dispute or initiate chargebacks for authorized charges made under this agreement.
In the event of a billing dispute, I agree to contact Pure Form Training directly and allow reasonable time for resolution before contacting my financial institution.
I understand that initiating an improper chargeback may result in collection action and suspension of services.
16. No Refund Policy
All membership payments are non-refundable.
No refunds will be issued for unused sessions, missed visits, early termination, or unused time.
17. Payment Information and Account Standing
I am responsible for maintaining valid and current payment information.
Declined or failed payments may result in late fees, service interruption, or suspension.
18. Governing Law and Venue
This agreement is governed by California law.
Any legal action shall be filed in Yolo County, California.
If any provision is unenforceable, the remaining provisions remain valid.
19. Minors
If the participant is under 18, a parent or legal guardian must electronically accept this agreement and agrees to all terms.
20. Electronic Acceptance and Legal Effect
By clicking “I Agree,” I confirm that:
• I have read this agreement in full
• I understand the automatic renewal and billing terms
• I authorize recurring payments
• I understand I am waiving legal rights
• I agree to be legally bound
This electronic acceptance is legally equivalent to a handwritten signature and is enforceable under California law and the Uniform Electronic Transactions Act.