NO REFUNDS - NO REFUNDS - NO REFUNDS - NO REFUNDS - NO REFUNDS
1. PARTIES TO THE AGREEMENT
FACILITY INFORMATION: IBFA Hammond LLC.
FACILITY OF ENROLLMENT: IBFA Hammond LLC. 2108 W Thomas St. Suite I Hammond, LA 70401
MEMBER INFORMATION:
Member Name:_{name}_______________
Address:__{address}________________________________
Birth Date: _{dob}________
Cell #: _{phone}___________________
BUYER INFORMATION: (if different from Member; the Buyer is the person paying for services)
2. SUMMARY OF TERMS AND ACCOUNT CHARGES
RECURRING DUES MEMBERSHIP BASICS
▪ As a recurring dues member, you are agreeing to pay for your membership on a recurring dues basis.
▪ If your recurring dues membership is for a term of one month or less, then your membership is considered month-to-month. You
may cancel your month-to-month membership at any time with a 30-day advance written notice.
▪ If your recurring dues membership is for a term greater than one month, then your membership is considered for a fixed term.
Unless you cancel within 30-days from the end date of the fixed initial term, your membership will automatically renew and continue
on a month-to-month basis. Once in auto-renewal you may cancel your membership at any time, without penalty, with a
30-day written notice.
▪ If your membership includes class credits, please note that any unused class credits will expire automatically upon the expiration or
termination of your Agreement for any reason. No refunds will be provided for any unused or expired class credits.
▪ Your membership is not a gift certificate. If you wish to purchase a gift certificate, please contact us. Our gift certificates expire at
least 5 years after the date they are issued, but classes still expire in accordance with the terms of this Agreement, even if
purchased with a gift certificate.
▪ Your recurring dues billing will begin As Detailed Above and will continue on the same day each month thereafter until you
properly cancel or, as applicable, the Agreement ends. Other terms of your recurring dues membership are explained below.
▪ You expressly authorize IBFA Hammond in Hammond, LA, or its third-party billing services provider, to draft your account
each month for any dues, fees or other charges.
TERMS OF YOURRECURRING DUES
MEMBERSHIP
Membership to begin on {start_date}
Monthly Dues Amount {membership_total_amount} (including taxes)
Recurring Dues Billing Period 30 days
Recurring Dues Term {membership_duration} (in months) As Detailed Above*
(*subject to auto-renewal)
Classes Allocated Per Billing As Detailed Above Period
First months dues {membership_fees} (including taxes)
THE PAYMENT SCHEDULE
As Detailed Above
TOTAL DUE NOW TOSTART
$ {membership_fees}
OTHER CHARGES/FEES
Late Charge $25 per late payment
Returned Item Fee
(e.g., bounced check; payment returned for
insufficient funds)
$25 per returned item
3. DEFAULT AND LATE PAYMENTS
Should you default on any payment obligation as called for in this Agreement, IBFA Hammond LLC. will have the right to declare the entire
remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection
agency fees, court costs and attorneys fees. A default occurs when any payment due under this Agreement is past due for more than 90
days. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS,
OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN 5 DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. IBFA
Hammond LLC. has a right to suspend services if a scheduled invoice is not paid, and you consent that such a suspension of services is
reasonable. This provision is subject to any applicable local, state or federal laws.
4. CONSENT TO MEMBERSHIP TERM (All references in this section shall refer to you)
MONTH-TO-MONTH MEMBERSHIPS: I understand that my membership will continue to renew monthly until I properly cancel, that
proper cancellation requires me to provide IBFA Hammond LLC. with a 30-day advance written notice of cancellation, and that I will be
expected to pay all dues, fees and charges associated with my account.
FIXEDTERM MEMBERSHIPS: I understand that my term membership will automatically renew at the end of my fixed initial term unless I
provide IBFA Hammond LLC with written notice of cancellation at least 30 days prior to the expiration of my fixed initial term. Once in autorenewal, I consent to continue paying $see above each month for services. I understand that I will be expected to pay all dues, fees and
charges associated with my account.
Buyer's Acceptance: ___________________ Date: ___{sign_date}__________
5. AUTHORIZATION FOR PREAUTHORIZED PAYMENTS (All references in this section shall refer to you)
By signing below, I am authorizing IBFA Hammond LLC and its third-party billing company whether by EFT or ACH transfer, from the
designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and
charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited
to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) IBFA
Hammond LLC. may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c)
dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain
in effect until all of my payment obligations under the Agreement have been satisfied; (e) charges may appear in my bank statement
under the prefix IBFA Hammond LLC. With name, phone number and state; (f) debited amounts may vary each month based on
additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before
being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more
than $50.00 from my most recent payment. I expressly authorize IBFA Hammond LLC, and any of its subsidiaries or affiliates, to
contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note
SMS text charges may apply).
Buyer's Acceptance: ____{sign_date}____________ Date: __{sign_date}_________
6. BUYERS RIGHTS IN LOUISIANA
6.1 CUSTOMERS RIGHTTO CANCEL. YOU MAY CANCELTHIS CONTRACT BY SENDING NOTICE OF YOUR WISH TO CANCEL
TO THE CENTER BEFORE MIDNIGHTOF THE THIRD BUSINESS DAY AFTER YOU SIGN THE CONTRACT. THIS NOTICE MUST
BE HAND DELIVERED TO THE CENTER OR SENT REGISTERED MAIL TO THE FOLLOWING ADDRESS: IBFA HAMMOND LLC.
2108 W Thomas St. Suite I Hammond, LA 70401. WITHIN FIFTEEN DAYS OF RECEIPT OF THIS NOTICE, THE CENTER SHALL
RETURN ANY PAYMENT MADE AND ANY NOTE EXECUTED BY THE CUSTOMER IN CONNECTION WITH THE CONTRACT. IF
YOU USE THE SELLERS FACILITIES OR SERVICES, THE CENTER MAY CHARGE YOU A REASONABLE FEE BASED ON THE
DAYS OF ACTUAL USE. THE RIGHT OF CANCELLATION SHALL AFFECT ONLY THE FINANCIAL OBLIGATIONS UNDER THE
CONTRACT AND THE CUSTOMERS RIGHT TO USE THE CENTERS PHYSICAL FITNESS SERVICES.
6.2 PRESALE.In the event this center is under construction at the time you enter into this Agreement,
or in presale, you are entitled to receive a written list of equipment and services which are or will be available for use by you at the facility.
6.3 PRESALE OR IMPROVEMENT CANCELLATION. If the IBFA Hammond LLC. is under construction, or undergoing improvements, is not
completed within one year of the date on which you enter into this Agreement, unless such completion date is extended through no
fault of IBFA Hammond LLC, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for
any prepaid sums.
6.4 PROMISSORY NOTES. If you execute a negotiable promissory note in connection with this Agreement, the promissory note is
negotiable paper and may be discounted and sold to third parties. Negotiation of the promissory note does not affect your rights to
cancel the Agreement.
6.5 MAXIMUM TERM. This Agreement shall not have a duration longer than 36 months, nor shall it be measured by the life of the buyer
or the life of the
center.
7. CANCELLATION TERMS
7.1 RESCISSIONRIGHTS. YOU MAY RESCIND THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO RESCIND TO IBFA HAMMOND LLC. 2108
W THOMAS ST. SUITE I HAMMOND, LA 70401 BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THE AGREEMENT. THIS NOTICE
MUST BE HAND DELIVERED TO IBFA HAMMOND LLC. OR SENT REGISTERED MAIL TO THE FOLLOWING ADDRESS: IBFA HAMMOND LLC. 2108 W
THOMAS ST. SUITE I HAMMOND, LA 70401. WITHIN FIFTEEN DAYS OF RECEIPT OF THIS NOTICE, IBFA HAMMOND LLC. SHALL RETURNANY PAYMENT
MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT. IF YOU USE IBFA HAMMOND LLC. FACILITIES OR SERVICES, IBFA
HAMMOND LLC. MAY CHARGE YOU A REASONABLE FEE BASED ON THE DAYS OF ACTUAL USE. THE RIGHT OF RESCISSION SHALLAFFECT ONLY THE
FINANCIALOBLIGATIONS UNDER THE AGREEMENTAND YOUR RIGHT TO USE IBFA HAMMOND LLC. PHYSICAL FITNESS SERVICES.
7.2 CANCELLATION RIGHTS. After expiration of the 3-day rescission period, you may cancel this Agreement only if you qualify as
follows:
(a) IBFA HAMMOND LLC. goes out of business. If the IBFA Hammond you initially signed up for services goes out of business, you may
cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums.
(b) IBFA HAMMOND LLC. relocates. If the IBFA Hammond facility where you initially signed up
for services moves more than 10 driving miles from the business location designated in this Agreement, and, within 30 days, fails
to provide you with an IBFA Hammond LLC. location of equal quality located within 10 driving miles from the business location
designated in this Agreement, you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any
prepaid sums.
(c) IBFA Hammond LLC materially changesits services. If the listing of services offered by BFA Hammond o rata refund, where applicable,
for any prepaid sums.
7.3 TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a month-to-month member, you may terminate this Agreement at
any time by providing IBFA HAMMOND LLC. with a 30-day advance written notice. There is no early termination fee for a month-to-month
membership. If you are a fixed term member, unless you rescind or cancel your membership for one of the reasons stated above, you
may only cancel your fixed term membership during the initial term by paying an early termination fee equal to $-. Your term membership
will automatically renew at the end of your fixed initial term unless you provide IBFA HAMMOND LLC. with a written notice of cancellation
at least 30 days prior to the expiration of your fixed initial term. Once in auto-renewal, you may terminate your fixed term membership
at any time, without penalty, with a 30-day advance written notice. Whether you are a month-to-month or fixed term member,
once IBFA HAMMOND LLC. receives your written notice of cancellation, your membership will remain active until the expiration of your
then-current billing cycle. Classes not used by the expiration of your then-current billing cycle after sending in your notice of
cancellation will be forfeited and lost, and no refund will be issued.
7.4 REFUNDS.If you properly rescind or cancel your membership, IBFA HAMMOND LLC. Will return the
EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to
you within the time prescribed by state law. IBFA HAMMOND LLC. has no obligation to a pay a refund on classes or services that you have
used.
7.5 NOTICE. All notices under this Agreement may be delivered in person to the club or sent via certified mail to IBFA HAMMOND LLC.
2108 W THOMAS ST. SUITE I HAMMOND, LA 70401
8. RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY
USING THIS FACILITY OWNED BY IBFA HAMMOND LLC. 2108 W THOMAS ST. SUITE I HAMMOND, LA 70401, OR ANY OTHER IBFA HAMMOND LLC,
INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE
ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING
DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFEREDBY IBFA HAMMOND LLC, YOU UNDERSTAND AND VOLUNTARILY
ACCEPT THIS RISK AND RELEASE IBFA HAMMOND LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS,
DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE RELEASEES), FROM ALL
LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY,OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO
YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF IBFA HAMMOND LLC, INCLUDING ANY INJURY
RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES
BEHALF ORANYONE USING IBFA HAMMOND LLC FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING
ABLE TO PARTICIPATE IN IBFA HAMMOND LLC ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST
ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURREDIN CONNECTION WITH CLAIMS
FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU
FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING
ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY
DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND
ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT.
YOU UNDERSTANDAND ACKNOWLEDGE THAT THE RELEASEES AND IBFA HAMMOND LLC ARE PROVIDING INSTRUCTIONAL SERVICES AND MAY
NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE
NATURE OF THE ACTIVITIES AT IBFA HAMMOND LLC
9. DISPUTE RESOLUTION (U.S.)
OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH IBFA
HAMMOND LLC INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS
WITH IBFA HAMMOND LLC; THEN, IF UNSUCCESSFUL, BY NON-BINDINGMEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER
THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR CLUB OF
ENROLLMENT. YOU AND IBFA HAMMOND LLC FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO
NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO IBFA HAMMOND LLC
2108 W THOMAS ST. SUITE I HAMMOND LA 70401 WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST
BE SPLIT EQUALLY.ARBITRATION COSTSWILL BE BORNE BY IBFA HAMMOND LLC IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.
10. OTHER TERMS AND CONDITIONS
10.1 MEDICALCONDITIONS.BEFORE USING IBFA HAMMOND LLC S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH
AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTINGYOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE
OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL
RESPONSIBILITY FOR YOUR USE OF IBFA HAMMOND LLC FACILITY AND SHALL INDEMNIFY IBFA HAMMOND LLC, ITS AFFILIATES, AGENTS AND
EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.
10.2 CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to IBFA HAMMOND
LLC 2108 W THOMAS ST. SUITE I HAMMOND LA 70401,
10.3 CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify IBFA Hammond LLC in
writing of any changes in your billing information, address or telephone number. You expressly permit IBFA Hammond LLC. or its
authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.
10.4 DRESS CODE. Proper athletic attire is required. IBFA Hammond LLC reserves the right to make the final
determination in its sole discretion with regard to appropriate
attire.
10.5 SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all IBFA Hammond LLC
facilities.
10.6 LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a IBFA Hammond LLC
facility. IBFA Hammond LLC shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among
other things, money, jewelry, negotiable securities, and other items left by you or your guests.
10.7 DESCRIPTION OF SERVICES; HOURS OF ACCESS. IBFA Hammond LLC services are class-based and led by a
IBFA Hammond LLC instructor. Your IBFA Hammond LLC membership shall include access to the facility or facilities to which you
purchased. IBFA Hammond LLC provides boxing and fitness group classes. Equipment used may include heavy bags, strength training
equipment and cardio equipment. Some group exercise classes and optional services may require an additional charge. IBFA
Hammond LLC the right to revise its list of equipment and services at any time for any reason. IBFA Hammond LLC will post a
schedule of classes and specific hours of access at the IBFA Hammond LLC facility where you are a member.
10.8 CHILDRENS USE. Children are not permitted in the facility unless they are actively involved and enrolled in a class or session
and have had a parent or guardian sign the Minor Participant Waiver in person at the IBFA Hammond LLC facility.
10.9 GUESTS. Your guests are permitted to use IBFA Hammond LLC facility, but only pursuant to such rules, regulations, fees, and
schedules for guest use as then may be in effect. IBFA Hammond LLC reserves the right to limit the number of times any one guest
can use the facility and reserves the right to exclude any of your guests whose use of the facility, in the sole opinion of IBFA Hammond
LLC, would be detrimental BFA Hammond LLC or any of its members or employees. All guests must complete a Guest
Registration Form at the front desk with valid identification.
10.10 IMAGE USE. You hereby irrevocably permit, authorize, grant, and license IBFA Hammond LLC and its affiliates,
successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the
employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit,
transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license,
otherwise use, and permit others to use your or your minor child's name, image, likeness, appearance, voice, and other personal
characteristics and information about you, and all materials created by or on behalf of Company that incorporate any of the foregoing
in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited
to print publications, electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video
and video on demand, radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases,
the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but
not limited to advertising, public relations, publicity, packaging, and promotion of IBFA Hammond LLC. and its affiliates and their
businesses, products, and services, without further consent from or royalty, payment, or other compensation to you.
10.11 NON-DISCRIMINATION. IBFA Hammond LLC represents that it will not discriminate against any person
because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for
memberships.
10.12 MEMBERSHIP TERMINATION. IBFA Hammond LLC reserves the right to terminate your membership for any reason not expressly
prohibited by law. In the event of termination, IBFA Hammond LLC will notify you in person or send you a written notice of termination
to your address on file and refund you any unused prepaid dues.
10.13 CHANGING THE TERMS, RULES AND REGULATIONS. IBFA Hammond LLC may, at its sole discretion,
change any term in this Agreement, which will become effective upon (a) IBFA Hammond LLC providing you with written notice of the
proposed change; and (b) giving you 30 days after your receipt of such notice in which to cancel your Agreement, penalty free, or
renegotiate the change as to you. If, after a change is announced, you pay the next month’s invoice, you will be considered to have
accepted the change.
10.14 FREEZES. If you are temporarily unable to use the IBFA Hammond LLC facility you may request a freeze
of your membership. Your membership may be frozen a maximum of two (2) times per calendar year, in monthly increments only, and
for a maximum of three (3) consecutive months. While your membership is frozen, your payment method will not be billed and your
access to IBFA Hammond LLC services will not be available. To freeze your membership, you must submit your request in writing
to your IBFA Hammond LLC facility at least 14 days in advance of your first desired freeze date. To avoid any confusion, the date of
receipt of your email by IBFA Hammond LLC will indicate the actual date of receipt and your request for freeze. Freezes for medical
reasons will not be subject to the monthly freeze fee. You may be required to provide a written doctor's note at the time of requesting
a freeze and may be required complete related documentation as required by IBFA Hammond LLC. You acknowledge and understand
that freezing your membership will extend the term of the Agreement and that you will still be obligated to pay your monthly dues as
per your original Agreement until the minimum term has expired. You must notify IBFA Hammond LLC upon returning from the freeze.
After the freeze, IBFA Hammond LLC will resume regular charging, and you will be obligated to pay, your monthly dues until the
minimum term has expired. A fee of up to $- per month may be assessed for freezing a membership for non-medical reasons. IBFA
Hammond LLC reserves the right to adjust this freeze policy from time to time at its sole discretion. Retroactive freezes will not be
accepted.
10.15 ENTIRE AGREEMENT. Verbal agreements with a IBFA Hammond LLC employee will not be accepted as
valid. Except as expressly provided herein, only this Agreement, and all rules and regulations of IBFA Hammond LLC, as revised from
time to time, constitute the entire and exclusive agreement between you and IBFA Hammond LLC, and supersede all prior written
and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.
10.16 INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will
be valid and
enforceable.
10.17 SEVERABILITY.A state law provision found to be in conflict with any provision of this Agreement shall supersede any such
provision in the Agreement. If a provision in the Agreement is unenforceable, then that section will be removed or edited as little as
necessary, and the rest of the Agreement as applicable, will still be valid.
10.18 GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any
litigation under this Agreement shall be resolved in the courts of the State in which you execute this
Agreement.
10.19 LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages.
Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party
told the other party that they might suffer these damages.
10.20 PREVAILING PARTY. In the event of any litigation arising from breach of this Agreement, or the services provided under this
Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff
time, court costs, attorneys fees, and all other related expenses incurred in such litigation.
10.21 CONSENT TO CONTACT. By signing below, you are giving IBFA Hammond LLC and its authorized
vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone
call at the number provided herein for any matter related to your account, including collection of monies owed, alerts or notices regarding
your purchased services, and promotions that may be of interest to you. You may update your communication preferences or revoke
your consent to receiving promotional messages at any time. You expressly consent to receive autodialed and/or prerecorded
messages from or on behalf of IBFA Hammond LLC and its authorized vendors at the phone number provided, including any wireless
number, as applicable (standard text rates apply). Your consent is not a condition of purchase.
10.22 ELECTRONIC SIGNATURES.The parties agree that this Agreement may be electronically signed. The parties agree that the
electronic signatures tied to this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and
admissibility. By checking the box AGREE or CONSENT or words to similar effect, and clicking enter, you acknowledge and
agree that these actions constitute your electronic acceptance of the Agreement.
Buyer's Acceptance: _____________ Date: __{sign_date}____
COSIGNER (ONLY NEEDED IF MEMBER IS A MINOR OR THERE WILL BE A FINANCIAL CO-SIGNER ON THE
ACCOUNT)
PARENT/GUARDIAN. On behalf of my minor child and myself, I agree to all of the provisions of this Agreement, including the
provision titled Release of Liability; Assumption of Risk; Indemnity. I promise to pay any financial obligation that my minor child does
not pay for any reason. I understand that my obligations can only end if the Member/guardian properly terminates this Agreement.
I expressly agree to the Authorization for Preauthorized Payments described above.
FINANCIAL COSIGNER. I promise to pay any financial obligation that the Member/Buyer does not pay for any reason. I also agree
to indemnify IBFA Hammond LLC to the fullest extent permitted by law for any claim brought against IBFA Hammond LLC by the
Member (or Buyer, if different from Member). I understand that my obligations can only end if the Member/Buyer properly terminates
this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.
Cosigner/Parent/Guardian Acceptance: _______________ Date:__{sign_date}_
Hammond Boxing Gym
