TERMS AND CONDITIONS
I UNDERSTAND AND AGREE THAT this Membership Agreement (“Agreement”) is between G4 Performance Training, LLC dba The Refinery (“The Refinery”) and the undersigned applicant. By signing this agreement, I agree to be bound by the provisions of this agreement and by the rules and regulations as they now exist and as they may from time to time be amended or supplemented. I have read and understand the provisions of the rules dealing with the Resignation of Membership.

In consideration of Membership and by signing this Agreement, Member hereby assumes all risks associated with the use of The Refinery’s facilities, waives all rights of Member’s heirs, administrators, executors, successors and assignees, and hereby agrees to release and indemnify The Refinery and any of its affiliates or subsidiaries from and against any and all claims, including, but not limited to, personal injury, including bodily injury or death and all property damage, whether or not based on the acts of omissions of The Refinery arising of or in any way connected with the use of the facilities by Member. As used herein, The Refinery, its successors, assignees, employees, officers, directors, shareholders and all persons, corporations, partnerships and other entities with which it is or may in the future become affiliated. The terms and conditions contained herein, along with the Rules and Regulations, constitute the full agreement between The Refinery and the Member, and no oral promises are made part of it.

MEMBERS RIGHT TO CANCEL: You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: The Refinery, 2260 Marietta Blvd NW #108, Atlanta, GA 30318. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of The Refinery, acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight 7 business days from the date of signing and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.

By Member signature, Member hereby agrees to the terms and conditions of the Agreement and acknowledges receipt of a fully completed copy of this Agreement.

1. ADULT MEMBERSHIPS: Open Gym, Fitness, and Training Individual Memberships are only applicable to the member, not his or her family and friends. Open Gym, Fitness, and Training Couples Memberships provide membership benefits for an individual member and his/her spouse. Open Gym, Fitness, and Training Memberships are available to individuals 16 years of age and older. Minors must have the consent of a parent or guardian.

2. ELITE MONTHLY MEMBERSHIPS: Elite Monthly Memberships provide a set number of Elite classes per month and may be shared among siblings within the Elite program. Unused classes expire at the end of the month and do not roll over.

3. YOUTH SPORTS PERFORMANCE MONTHLY MEMBERSHIPS: Youth Sports Performance Monthly Memberships provide a set number of classes per month and may be shared among siblings within the Jump Start, Total Performance, and/or Tennis Academy programs. Unused classes expire at the end of the month and do not roll over.

4. MEMBERSHIP PAYMENT: Memberships are based on an auto-renewing monthly term. Membership payments will begin upon an approved sale date and will continue until terminated in accordance with our Termination policy. All dues are payable monthly and shall be debited or charged by Electronic Funds Transfer (“EFT”) from an approved credit card pursuant to the written authorization provided by Member. The Refinery reserves the right to change policies at any time.

5. ENROLLMENT FEE: Month to Month members may be required to pay a non-transferable, one- time, non-refundable enrollment fee upon joining The Refinery. Members who cancel and rejoin at a later date may be subject to enrollment fees at the commencement of each membership.

6. TERMINATION POLICY: All Memberships can be cancelled by giving a 30-day written notice. Members may not join and cancel in the same month. Membership requires a minimum of 2 full monthly dues payments. Cancellation requires members to pay in full all unpaid dues and other charges owed to The Refinery. Such cancellation shall not be deemed effective until after the expiration of the final billed month and all payments have been made to The Refinery. You will remain liable for payment of dues for periods prior to the effective cancellation date. The Refinery will not prorate dues for membership cancellation.
Medical Policy: The cancellation of the contract shall occur if the buyer dies or becomes totally and permanently disabled during the membership term. Totally and permanently disabled means a condition which has existed or will exist for more than 45 days and which will prevent Member from using the facility to the same extent as member used it before the commencement of the condition. In order to establish death, Member’s estate must furnish a death certificate. In order to establish disability, Member must furnish certification of the disability by a licensed physician provided the diagnosis is within the physician’s scope of practice. Cancellation will be effective upon establishment of death or disability according to these provisions, and member dues will be refunded for the month in which death or disability is established.
Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, if the The Refinery ceases operation and fails to offer an alternate location, substantially similar, within ten miles

7. REFUNDS: Under no circumstances will refunds of dues be made retroactively due to failure to use the facilities. Management of The Refinery may suspend or cancel the rights, privileges or membership of any Member whose actions are detrimental to the facility or upon and failure of a Member to make payment to The Refinery for monies owed. In addition, Members who share their membership privileges with a non-member will automatically lose their membership with no refund.

8. PAST DUE ACCOUNTS: Member’s membership account must remain current. Unpaid balances remaining on Member’s account from the previous billing period will be considered “past due” and will be assessed a 1.5% fee or a minimum fee of $15. If an account balance remains past due for two consecutive billing periods, Member’s account will be deemed in default and Member will be denied access to The Refinery.

9. DEFAULT: If Member is in default (past-due balance), Member understands that The Refinery reserves the right to suspend or cancel Member’s membership and/or demand payment for the entire amount due and owing on Member’s account, including the remaining balance due under this Agreement, if applicable. Failure to use the facility will not relieve Member of the contractual obligation to pay the membership for the full term of this Agreement.

10. TRANSFERABILITY: Member may not sell, assign or transfer membership.

11. EMAIL: By providing my email address, I am consenting to receive information via e-mail solely from The Refinery. Any distribution of my e-mail address will be unauthorized.

12. HOURS OF OPERATION: Hours of operation and class schedules may vary and are subject to change. Schedule of hours of operation and any changes will be posted.

13. CANCELLATION POLICY: Any Member who schedules a class or appointment and does not show or cancel before 4 hours may be charged $20 to the credit card on file.

14. ETIQUETTE AND GUIDELINES: Proper etiquette, language and courtesy are to be observed at all times at The Refinery.

15. EMERGENCY AND MEDICAL AID: The Refinery reserves the right to call emergency medical aid for an injured Member or guest, and said Member or guest accepts responsibility for any financial obligations arising from such emergency medical aid or transportation to a medical facility.

16. AMENDING OF RULES AND REGULATIONS: Member understands that The Refinery’s rules and regulations may be changed at anytime, with or without notice, at the The Refinery’s sole and complete discretion. Member hereby consents to respect and comply with all such rules and regulations.

17. UNAVAILABILITY OF FACILITIES OR SERVICES: I agree to accept the fact that a particular area or service in the premises may be unavailable at any particular time due to mechanical break-down, fire, act of God, condemnation, loss of lease, catastrophe or any other reason. Further, I agree not to hold The Refinery responsible or liable for such occurrences.

18. DAMAGE TO FACILITIES: I agree to pay for any damage that my family, my guests or I may cause to The Refinery’s facilities through careless or negligent use thereof.

19. RELEASE FROM LIABILITY: I agree, in attending and using the facilities and equipment therein, that I do so at my own risk. The Refinery shall not be liable for any damages arising from death or personal injuries sustained by me and/or my guest(s) in, on or about the premises. I assume full responsibility for any injuries or damages which may occur to me in, on or about the premises, and on behalf of myself, my heirs, administrators, executors, successors, and assignees do hereby fully and forever release and discharge The Refinery and all associated owners, subsidiaries, affiliated companies, employees and agents from any and all claims, demands, damages, rights of action or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from any negligent acts or omissions caused in whole or in part by The Refinery or resulting from or arising out of my use or intended use of the said facilities and equipment thereof. The terms and conditions contained herein, along with the Rules and Regulations, constitute the full agreement between The Refinery and the Member, and no oral promises are made a part of it.

20. SUSPENSION/TERMINATION OF MEMBERSHIP: The Refinery reserves the right to suspend or terminate the membership of any member who is loud, offensive, uses profanity, or is bothersome to other guests or exhale associates, or who is cited for infraction of the rules and regulations. Failure of The Refinery to enforce any of the Rules and Regulations or any conditions or rights under this Membership Agreement shall not be deemed or construed to be a waiver by The Refinery of said Rules and Regulations, conditions or rights.

NOTICE: State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event The Refinery ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.