MEMBERSHIP AGREEMENT BETWEEN YOU AND US The Membership Agreement is a contract between you and us. The words “you” and “your” means the Member signing below to payment. The words “we,” “our,” and “us” refer to FS8 Lakeview Chi, d/b/a FS8®, which independently owns and operates the FS8 franchised location identified above (the “Studio” or “Health Spa”).
You are entitled to a copy of this contract at the time you sign it. This contract is legally binding once signed. The following pages contain important terms, including a binding arbitration provision and waiver of certain legal rights. By signing below, you acknowledge that you have read and understand all terms of this Agreement.
A 10% promotional discount applies to the first three (3) months of eligible memberships. After the promotional period ends, the membership will automatically continue and renew at the then-current regular membership rate unless canceled in accordance with this Agreement.
Direct Debit Agreement & Automatic Renewal Authorization:
By signing this Agreement, you authorize FS8 to automatically charge the payment method on file for your selected membership on a recurring basis at the agreed-upon rate, plus applicable taxes. Your membership is recurring and will automatically renew each billing cycle unless you cancel or the Studio terminates this Agreement in accordance with its terms.
You further authorize FS8 to charge your payment method on file for any amounts incurred under this Agreement, including membership dues, late cancel or no-show fees, retail purchases, freeze fees, returned payment fees, and any other authorized charges. Declined or failed payments may result in suspension of booking privileges and may be subject to collection efforts where permitted by law.
You may cancel this agreement before midnight of the third (3rd) operating day after signing by providing written notice via email to the Studio or by certified mail to the Studio’s address listed in this Agreement.
Membership Cancellation: To cancel a membership, you must provide written notice via email at least thirty (30) days prior to the desired cancellation date. Membership remains active during the 30-day notice period, and scheduled payments will continue. Your cancellation will become effective at the end of the notice period, and any payments due prior to the effective cancellation date will be charged as scheduled.
Class Cancellation Policy: Class cancellations must be made at least eight (8) hours before class start time. For unlimited memberships, a late cancellation will incur a $10 fee and a no-show will incur a $15 fee. For 4x, 8x, and 12x Memberships, late cancellations and no-shows will result in the forfeiture of one class credit.
Clients arriving more than five (5) minutes late may be denied entry.
Grip Socks Requirement: For safety, hygiene, and equipment protection, grip socks must be worn at all times during class. Clients without grip socks will not be permitted to participate.
Waitlist Policy: Clients on the waitlist may be automatically added to class up to two (2) hours before class start time. Once added, standard cancellation and no-show policies apply.
Class Credit Expiration: Unless otherwise specified, unused class credits expire at the end of the applicable membership billing cycle and do not roll over to future billing periods.
Membership Suspension Policy: Freeze requests must be submitted in writing and must include start and end dates. The minimum freeze is two (2) weeks and the maximum freeze is eight (8) weeks. A fee of $5 per two-week period applies. Billing automatically resumes at the end of the freeze. Cancellation during a freeze still requires the standard cancellation notice.
Default and Late Payments: If any payment due under this Agreement is declined, returned, or otherwise unpaid, the Studio may suspend booking privileges until the account is brought current. Accounts that remain unpaid may be subject to collection efforts where permitted by law. Member agrees to pay reasonable collection costs, administrative fees, and expenses incurred in recovering unpaid balances.
Memberships are non-transferable. Unused monthly class sessions do not carry over and will be forfeited at the end of each membership period. Except where required by law, all payments are non-refundable. If you are unable to use the Studio due to serious illness or permanent physical incapacity, the Studio may cancel this Agreement at its discretion upon receipt of appropriate documentation. If you move more than twenty-five (25) miles from the Studio and no comparable FS8 location exists within twenty-five (25) miles of your new residence, you may cancel this Agreement without penalty upon written notice and reasonable proof of relocation.
Death or Disability: IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE BY CERTIFIED MAIL TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH.
Cancellation in the Event the Studio Closes: If the Studio goes out of business and does not provide facilities within 25 miles of the location in which you are enrolled, or if the Studio relocates more than 10 miles from your original location, you may cancel this Agreement by providing written notice via certified mail to the Studio’s address listed in this Agreement, along with proof of payment.
Assumption of Risk, Release, Waiver of Liability, and Indemnification: You acknowledge and agree that you are participating in a strenuous physical activity and may not be suitable for all persons. You acknowledge and agree that prior to using any equipment and/or participating in any class you will: (1) give us all relevant personal health information both before and during the course of any exercise program or other activity; (2) acknowledge that any pre-exercise screening or guidance provided is not a substitute for medical advice and does not guarantee against injury or death; (3) disclose any pre-existing medical condition or medication, including any medical symptoms or issues arising during any class; (4) provide written physician approval before you use any of our equipment and/or participate in any class, if requested; and (5) at your option, in your sole discretion, may discontinue participation in class at any time. By signing this Agreement, you acknowledge and voluntarily accept these risks and responsibilities, which include the risk of injury to your person or property resulting from participation in any class or services provided by us or another FS8 studio and agree to be responsible and liable for participation by another individual who may gain access to class through you, including, without limitation, injury or damage to such individual’s person or property. You hereby waive all claims, assume all liability, and release, hold harmless, indemnify, and agree to defend us, our franchisor, as well as its parents, subsidiaries, and affiliates (the “Franchisor”), and any other FS8 studio, and any owner of any other FS8 studio you may visit, and any of our or their respective affiliates, successors, assigns, agents, representatives, and employees, from liability for any injury, claim, cause of action, suit, demand, and any damages arising from or related to (1) your failure to disclose any pre-existing conditions, limitations, or sensitivities; (2) your participation or presence on or near the premises of any FS8 studio; (3) your participation in any FS8 class (whether in the studio, outdoors, online or otherwise) or use of any equipment at any FS8 studio; and/or (4) any negligence on our part (including our staff/employees) or the part of any employee at any other FS8 studio. You acknowledge and agree that this risk, release, liability waiver, and indemnification assumption is intended to be as broad and inclusive as the law permits. This Assumption of Risk, Release, Waiver of Liability, and Indemnification provision shall remain valid and continue in full legal force and effect, notwithstanding any invalid portion of these provisions.
Binding Individual Arbitration and Class Action Waiver: You agree that any disputes resulting from this Agreement, participation in any FS8 class, or use of any FS8 equipment at any FS8 studio will be governed by the laws of the State of Illinois. Any Disputes shall be resolved by final and binding individual arbitration rather than in court and without a jury, except that you may assert claims in small claims court if your claims qualify. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our studio email. Arbitration costs and reasonably documented attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses. We agree that any dispute resolution proceeding shall be conducted only individually, not in a class, consolidated, or representative action. Neither you nor we may pursue a Dispute in arbitration as a class action or representative action. If a Dispute proceeds in court rather than in arbitration, we waive any right to a jury trial.
Severability: If any part of this Agreement shall be held invalid (other than the Class Action Waiver clause above), that part shall be deemed excluded, and the remainder shall remain in full force and effect.
Termination: We reserve the right to terminate or refuse to renew your Agreement for any reason not prohibited by law, including unsatisfactory payment history or failure to comply with studio policies. Improper chargebacks or unpaid balances may result in suspension, termination, and collection efforts. You agree to pay reasonable collection costs where permitted by law.
Right to Modify Policies:The Studio reserves the right to modify studio policies, class schedules, instructors, fees, and operating procedures from time to time. Members will be notified of any material changes in advance. Continued use of membership after such notice constitutes acceptance of the updated policies.Personal Property: The Studio is not responsible for lost, stolen, or damaged personal property brought into the Studio. Members are encouraged not to bring valuables.
Age Requirement: Members must be at least eighteen (18) years of age to participate in all classes.
Authorization for Phone Calls and Text Messages: By providing your phone number and signing this Agreement, you consent to and authorize the Studio and/or their agents to contact you or send you text messages regarding class reminders, waitlists, account management and appointments. You may opt-out at any time.
Use of Personal Information, Image, Likeness, and/or Voice: You understand, acknowledge, and agree that you may be photographed, recorded on audio or video, or otherwise recorded in classes and consent to the use of such recordings for marketing and promotional purposes. You may opt out at any time.
Entire Agreement: You acknowledge and agree that this Agreement constitutes the entire agreement.
I have read and understand and agree to comply in full with the terms and conditions stated in this Membership Agreement.
