REV 11/2015

CrossFit Ocean City Program Agreement

Client Information: (print clearly) Last name

First name

Street Address

Apt #

Date of birth City

Cell phone

M/F State

Zip

E-mail address

Contract Type: NEW

RENEWAL

UPGRADE

Program Agreement x/week: Unlimited 3x 2x 1x

Agreement Duration: Total Program Price: $ Down Payment: $ (not to exceed $200)

Promotion Credit: $ Remaining Balance: $

FAMILY PLAN

STUDENT

The Agreement (the “Agreement”) is between DLC Dynamics , LLC dba CrossFit Ocean City (“CrossFit Ocean City”) and you, the Client (individually , if you are the Client, and/or as agents or guardian of the Client). It is agreed between CrossFit Ocean City and the Client that Client is purchasing, for the benefit of the Client, a fitness program, from CrossFit Ocean City according to the terms on the front and reverse side of this Program Agreement. Read carefully and acknowledge the terms, conditions, and duration of this agreement and ask for clarification of any term and condition you do not understand prior to signing.

Monthly Payment: $ Payment Schedule: _______ Payments of $_______ are due on the ______ of each month beginning _____________________, 20___ Credit Card Authorization: Client hereby authorizes DLC Dynamics, LLC dba CrossFit Ocean City or its assigns to make periodic charges to Client’s credit card or ACH from the account used to pay the initial payment described above or the account listed below or replacement account designated by Client and accepted by DLC Dynamics, LLC dba CrossFit Ocean City for payment of any and all fees, late charges, costs, expenses or any other monies due to DLC Dynamics, LLC dba CrossFit Ocean City under the terms and conditions of this Agreement. Client understands that Client is entitled to notice of all varying charges and withdrawals, but Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. Client may change the account designated herein upon thirty (30) days written notice to, and approved by, DLC Dynamics, LLC dba CrossFit Ocean City. Client may timely notify the financial institution in control of Client’s account to terminate this Request, buy such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law. DLC Dynamics, LLC dba CrossFit Ocean City or its assigns reserves the right to add the following fees to the Client’s account balance should any of the following occur. Re-submit unpaid credit card debit-fifteen dollars, unpaid customer check-fifteen dollars. Payments received more than ten (10) days after the due date are assessed a late fee-$15. Failure to maintain current credit card information when autopay is scheduled will result in a $10 administrative charge. Initials:____________________

Credit Card Acct (Visa/MC/Amex/Disc)#________________________________________________ Exp. Date ________ CVV______ Name on card:___________________________________ ACH: Bank Name:_____________________________ ABA #________________________Acct#______________________________ IMPORTANT NOTE: Client, by and agreeing to partake in CrossFit Ocean City’s Program Agreement, training services, and related activities, agrees to release DLC Dynamics, LLC, CrossFit Ocean City, and their CrossFit certified trainers, agents, and assigns from liability due to participation. Client is urged to have this release agreement reviewed by an attorney before signing. By signing this Agreement, Client acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement (including the additional terms and conditions on the reverse side) after having the opportunity to have it reviewed by an attorney at the discretion of Client. Client further acknowledges that Client has received a filled-in and completed copy of this agreement, which includes the CREDIT CARD/ACH AUTOPAY request, the release and waiver of liability, and Additional Terms and Provisions located on the front and reverse side of the Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and DLC Dynamics, LLC, CrossFit Ocean City, or their trainers. DLC Dynamics, LLC, CrossFit Ocean City, nor their trainers have made any express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement, shall be controlled by the original Agreement and by the applicable laws of the state of Maryland. YOU, THE CLIENT, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE AGREEMENT, EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, WHICH STATES THAT YOU, THE CLIENT, ARE CANCELLING THIS AGREEMENT. THE NOTICE OF CONSUMER RIGHTS FORM MUST ALSO BE EXECUTED AND WILL BECOME A PART OF THIS AGREEMENT.

THE TERM OF THIS AGREEMENT IS ________ MONTHS, COMMENCING ______________________ AND TERMINATING _____________________ SUBJECT TO THE CANCELLATION PROVISIONS HEREIN.

FOR DLC DYNAMICS, LLC

CLIENT SIGNATURE

CROSSFIT OCEAN CITY

10815A Grays Corner, Berlin, MD 21811  (301) 771-1731 www.crossfitoceancity.com  [email protected]

DATED

REV 11/2015 ADDITIONAL TERMS AND PROVISIONS RELEASE OF LIABILITY CLIENT’S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF DLC DYNAMICS, LLC, CROSSFIT OCEAN CITY, AND ITS CROSSFIT CERTIFIED TRAINERS : CLIENT ACKNOWLEDGES THAT THE TRAINING PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING WITH FREE WEIGHTS, ROWING, GYMNASTIC-TYPE/BODYWEIGHT MOVEMENTS, AND VARIOUS AEROBIC AND ANAEROBIC CONDITIONING AND STRENGTH TRAINING INVOLVING FUNCTIONAL MOVEMENTS EXECUTED AT HIGH INTENSITY (THE “PHYSICAL ACTIVITIES”). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICIAL ACTIVIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN THE PHYSICAL ACTIVIES OFFERED BY DLC DYNAMICS, LLC, CROSSFIT OCEAN CITY, AND THEIR TRAINERS. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS. CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, ASSIGNS AND NEXT OF KIN, WAIVES ANY CLAIMS AGAINST AND RELEASES BY DLC DYNAMICS, LLC, CROSSFIT OCEAN CITY, AND THEIR TRAINERS (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMANGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN FITNESS ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE TRAINING PROGRAMS AND THE PHYSICAL ACTIVITIES.

PROGRAM AGREEMENT. The service being requested is for coaching designed to improve overall general physical preparedness using the CrossFit method. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with the program agreement package entered into. This is NOT an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period. CLIENT UNDERSTANDS THAT THIS AGREEMENT IS FOR THE ENTIRE PERIOD SET FORTH IN THE DURATION OF THE CONTRACT AND THAT CLIENT IS RESPONSIBLE FOR THE ENTIRE BALANCE REGARDLESS OF WHETHER CLIENT ATTENDS CLASSES OR NOT. INITIALS:_______________ REFUNDS: No refunds shall be made for services purchased, except as specifically provided in the Agreement AND under Maryland law. PAYMENT & BILLING: Client has two options for payment: (1) Quarterly payments for all services, or (2) Monthly payment by credit card per the guidelines on page one of the Agreement. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account. There is no initial membership fee, only the monthly fees, which may be reduced by an initial down payment not to exceed three-month’s worth of payments, or quarterly payments, if agreed to. If Client does not have a credit card/ACH, or refuses to provide a credit card number/ACH, then Client must make quarterly payments and keep the account current. CLIENT’S RIGHT TO CANCEL: The Client may not terminate or cancel the Agreement except as follows: (1) If by reason of death or disability, Client is unable to receive all services for which Client has contracted, Client and Client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability); and (2) In the event the Client moves further than 25 miles from CrossFit Ocean City, Client may terminate this agreement by supplying proof of new residence. If client has prepaid any sum for services, so much of such sum as is allocable to services client has not taken shall be refunded. Any other cancellation requires payment in full of the outstanding duration of the agreement. CLIENT’S RIGHT TO HOLD: The Client may, for periods of two weeks or longer, “put on hold” the Agreement. The request to place the Agreement on hold must be submitted in writing prior to the hold dates (no retroactive holds), must include an end date (or return date), AND may not exceed two months in duration with the following exceptions: Client becomes injured, disabled, or sick, or Client is pregnant and/or has had a baby. In these cases the return date will be mutually determined based on the recovery and recuperation of the Client. Injured, disabled, or sick does not apply if these periods are less than one week in duration. Except for exceptional circumstances, Client may only “put on hold” the Agreement one time during the Program Agreement period. INITIALS:______________ CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, DLC Dynamics, LLC, dba CrossFit Ocean City shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If DLC Dynamics, LLC, dba CrossFit Ocean City delays or refrains from exercising any rights under this Agreement, DLC Dynamics, LLC, dba CrossFit Ocean City does not waive, nor will DLC Dynamics, LLC, dba CrossFit Ocean City lose those rights. If DLC Dynamics, LLC, dba CrossFit Ocean City accepts late or partial payments from the Client, DLC Dynamics, LLC, dba CrossFit Ocean City does not waive the right to receive full and timely payments and other charges due under this Agreement. SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client. ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement. GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the state of Maryland. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement DLC Dynamics, LLC, dba CrossFit Ocean City and Client agree that the venue for such action shall exclusively be Worcester County, Maryland. ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

READ, UNDERSTOOD & AGREED TO: x ________________________________________________

10815A Grays Corner, Berlin, MD 21811  (301) 771-1731 www.crossfitoceancity.com  [email protected]

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