ONE Fitness is an exercise facility where members undertake high intensity cardio training and strength workouts that include, but are not limited to, the use of running, hanging equipment, hand held equipment, kettle bells and free weights, and body weight exercises. The undersigned (“Member”, “you” or “your”) desires to become a member of ONE FITNESS and agrees to be bound to the following terms and conditions of the Membership Agreement (the “Agreement”).
 
 
1. PAYMENT: You agree to pay fees at the agreed upon rate of membership through authorized automatic credit card deductions through the ONE Fitness Triib account. Monthly memberships will automatically renew from month to month unless cancelled by Member upon 30 days written notice prior to the next monthly billing date. ONE Fitness may change membership fees under this Membership Agreement by posting notice of such change at the facilities or on the ONE Fitness website, at least 30 days in advance of such change. Refunds will only be given if the Member receives a mistaken charge in the sole discretion of ONE FITNESS for a previously cancelled membership. Credit/refunds will only be given to injured Members with written documentation of the Member’s inability to attend classes from a licensed medical provider. Membership holds may be granted by ONE FITNESS is its sole discretion for those Members with annual or monthly memberships who require a hold for more than a month (30 days).
 
2. MEMBER’S RESPONSIBILITIES: You agree to keep and obey all rules and regulations now in force or in the future prescribed by ONE Fitness, for the use of ONE Fitness training facilities, premises, and equipment therein. Without limiting your obligation to obey all rules and regulations of ONE Fitness presently in force or in the future prescribed, you agree that you will obey the following rules by always:
A. Considering other Members’ rights and privileges while training
B. Paying membership fees when due according to your packaged rates
C. Signing up/cancelling on Triib for class
D. Replacing equipment to designated areas and cleaning the gym after class
E. Complying with cleanliness and health guidelines
F. Treating the Members and ONE Fitness (coaches, management, desk) staff with the fullest respect and courtesy at all times
G. Accepting full responsibility for any damage done to any equipment due to misuse
H. Knowing and understanding the limits of your abilities for any activity undertaken at ONE Fitness and modifying your activity accordingly.
 
3. WAIVER AND RELEASE:
A. General Heath: ONE FITNESS STRONGLY ADVISES YOU TO CONSULT WITH YOUR PHYSICIAN ON THE DETAILS OF THE ACTIVITIES IN WHICH YOU PLAN TO PARTICIPATE AT ONE FITNESS. You agree that you were advised to consult with your physician of the details of the activities in which you plan to participate. You represent to ONE Fitness that you are in good health and have no disability, impairment, injury, diseases or ailments preventing you from engaging in ONE Fitness classes or which would cause increased risk of injury or which would cause increased injury or adverse health consequences as a result of such exercise, except those lines listed below. Further, you understand that you may be asked by the ONE Fitness staff for written medical clearance from your medical provider, after review of your medical history, expressly allowing you to participate in ONE Fitness classes. Health Concerns: You understand that it is your responsibility to inform the ONE Fitness staff of any changes in your medical condition, including but not limited to pregnancy. You understand and acknowledge that neither ONE Fitness nor staff of ONE Fitness has any responsibility or ability to diagnose, examine or treat any medical conditions. You further understand that it is your responsibility to report immediately to the ONE Fitness staff any signs or symptoms of discomfort and/or distress during or following an exercise program. You consent to the administration of first aid, and/or resuscitative measure, by the ONE Fitness staff if they deem so necessary. You knowingly and voluntarily assume any and all risks associated with your participation in programs offered by or use of the facility of ONE Fitness. You hereby release and hold harmless ONE Fitness, and its owners, managers, employees, independent contractors and representatives, from any and all liability, damage, expense, cause of action, suits, claims or judgements, arising from injury, damage or loss, or claims of injury, damage or loss to you which may arise of your use of ONE Fitness’s facility, participation in ONE Fitness activities or challenges, be they off-site, if coordinated and lead by ONE Fitness staff, employees or representatives.B. Personal Property: You hereby understand that ONE Fitness is not responsible in any way for damage to, theft or loss of any personal property which you bring onto the premises of ONE Fitness. You hereby release and hold harmless ONE Fitness, and its owners, managers employees, staff, independent contractors or representatives, from any and all liability, damage, expense, cause of action, suits, claims or judgments, arising from damage or loss of your personal property.
C. Media: You consent to being photographed, interviewed and/or videotaped by employees, staff, independent contractors or representatives of ONE Fitness. You further agree that any information or images obtained from those activities may be reproduced, edited, published, used and reused by ONE Fitness, and/or the public media for use in educational activities, advertising or promotional purposes. You hereby waive any and all claims or demands you may have, and release and hold harmless ONE Fitness, and its owners, managers, employees, independent contractors and representatives, from any and all liability, damage, expense, cause of action, suits, claims, judgement or demands, arising out of such activities.
D. All releases set forth herein shall be binding upon your heirs, personal representatives and assigns, and will survive termination of this Agreement for any reason
 
4. TERMINATION: ONE Fitness reserves the right to revoke your membership immediately for cause if you (1) fail to keep and obey any of the ONE Fitness rules and regulations, (2) intentionally or negligently misrepresent information contained in this Agreement, (3) violate any terms or conditions of this Agreement (4) fail to make timely payment of your obligations under this Agreement, or (5) create or cause any nuisance, disturbance, or fraud. A terminated member shall remain fully liable to ONE Fitness for all dues and other expenses payable during the month of termination. ONE Fitness may also revoke and terminate your membership for any reason at the end of any given month. If ONE Fitness elects to so terminate, ONE Fitness will refund a prorated portion of any prepaid annual dues applicable to future month(s).
 
5. ASSIGNMENT: it is expressly understood and agreed that this Membership Agreement and your rights and privileges here under are not assignable or transferable by you.
 
6. MISCELLANEOUS: (1) This Agreement shall be governed and constructed in accordance with he laws of the State of Rhode Island; (2) In the event that one or more provisions of this Agreement shall for any reason be held to be invalid or unenforceable in any respect, such event shall not affect the validity or enforce ability of any provision of this Agreement. (3) Any modification of any of the terms of this Agreement shall be valid only if in writing or signed by you and an authorized ONE Fitness representative; and (4) In the event of default on this Agreement and an attorney is retained to enforce any provisions of this Agreement, ONE Fitness in such dispute shall be entitled to recover costs, expenses, reasonable attorney’s fees in any such action or proceeding.