Karma Fitness Terms and Conditions
Membership Agreement.
All Membership Levels involve the payment amount listed above paid by EFT or ACH Transfer as described in Section 5 below for each month until canceled.
As an Unlimited Member, you may sign up and attend as many sessions as you choose during the month. You are also entitled to a 10% discount on merchandise. If you sign up for a session but fail to attend without canceling within 2 hours, you will be charged a $15 no show fee. As an Unlimited Member you will also be entitled to one free 30- minute personal training session scheduled within the first month of membership. You are able to bring a friend for free once per month, you must let us know 2 hours in advance of class to ensure that there is a space available.
As an 8 Session Member, you may sign up and attend up to 8 sessions per month. You will be charged the full 8 session fee referenced above even if you do not attend all 8 sessions. Further, if you sign up for a session and are a no-show or late cancel, one of your 8 sessions will be used. You may roll over up to 2 sessions per month upon an email request to management, expiring sessions do not roll over from one month to the next.
As a 4 Session Member, you may sign up and attend up to 4 sessions per month. You will be charged the full 4 session fee referenced above even if you do not attend all 4 sessions. Further, if you sign up for a session and are a no-show or late cancel, one of your 4 sessions will be used. You may roll over up to 1 session per month upon an email request to management. Otherwise, expiring sessions do not roll over from one month to the next.
As an Unlimited, 8 Session. Or 4 Session Member, you also will be entitled to priority scheduling and member exclusive events.
Your membership may be paused up to twice per-year for up to a maximum duration of one month. This request must be made and approved by management by email. The email address to contact Karma Management is at karmafitness.pgh@gmail.com.
Please ask Management about family membership discounts, and discounts for the military, students, teachers and healthcare workers.
Canceling and Non-Payment.
If you choose to cancel your membership, you must provide notice to Karma Fitness by an email to this address: karmafitness.pgh@gmail.com. There is a 30-day cancellation notice in accordance with your particular billing date. You will be charged one final time the price of your membership dues and will be able to utilize your classes for that month as normal until they expire at the end of that membership period. Please make sure to let us know as soon as possible to avoid any unwanted fees.. If there is a time when your automated payment fails, you will be charged $25 for a return item fee and you will not be permitted to attend sessions under that membership until all payments are corrected and received. You may, however, continue to participate on a drop-in basis.
Authorization for Payments.
By signing below, you are authorizing Karma Fitness, to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, the membership dues under this Agreement. I authorize Karma Fitness 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 Right to Cancel. You may terminate this Agreement at any time. At inception, you may terminate this Agreement without penalty within three business days of your signing and receiving a fully completed copy thereof. Upon receipt of notice of termination under this paragraph, Karma Fitness shall refund to you all moneys, including any initiation fee, paid under the Agreement. If you have attended a class during that three-day period, you will only be charged for a drop-in rate.
If Karma Fitness closes for more than 30 days and fails to provide a comparable facility within ten miles of the location designated in this Agreement, you may terminate the Agreement and Karma Fitness shall refund to you all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.
You may terminate this Agreement by providing notice in person, email or regular mail to Karma Fitness at this address: 100 Broughton Rd, Bethel Park PA, 15102. If you sign up before Karma Fitness is open, you may cancel at any time before it opens without any charge. In all other cases, if you terminate this Agreement, you will be charged as provided in Section 4 of this Agreement.
Karma Fitness shall pay all refunds due to you within 40 days of receipt of the notice of termination; and if you executed an automatic funds transfer agreement with Karma Fitness, such agreement shall also be canceled within 40 days after the termination of this Agreement.
Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorney.
Extension on Account of a Closure. If Karma Fitness temporarily closes for 30 days or more, you shall receive an extension of the membership term equal to the period during which the facility is closed.
Moving. If you move more than 25 additional miles from Karma Fitness, you may also terminate this Agreement. Upon receipt of notice of termination under this paragraph, Karma Fitness shall refund to you all moneys paid in excess of an amount computed as of the date of relocation by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term,.
Disability and Death. In the event that you experience a disability that precludes you from using the Karma Fitness facilities as verified by a physician, you may extend your membership term for up to six months, or you may also terminate this Agreement. Your legal representative may also terminate this Agreement in the event of your death. Upon receipt of notice of cancellation under this paragraph, Karma Fitness shall refund to the you or your representative all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.
Notices Required Under the PA Health Club Act of December 21, 1989 (P.L.672, No. 87).
(a) Right to Cancel. Notwithstanding anything herein to the contrary, if you wish to cancel this contract, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12 midnight of the third business day after you sign and receive a copy of this contract. The notice must be delivered or mailed to Karma Fitness at this address: 100 Broughton Rd, Bethel Park PA, 15102. In some cases you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, the health club may be entitled to a certain portion of the contract price. If the health club goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details, read your contract carefully. Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorney.
(b). Claims of Defenses. Any holder of this contract or note is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. In addition, whether or not the health club has complied with the notice requirements of this section, any right of action or defense arising out of a health club contract which the buyer has against the health club, and which would be cut off by assignment, shall not be cut off by assignment of the contract to a third-party holder, whether or not the holder acquires the contract in good faith and for value.
Hold Harmless – Release of Liability.
PARTICIPATING IN ACTIVITIES AT KARMA FITNESS, INVOLVES THE RISK OF INJURY, 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 OFFERED BY KARMA FITNESS, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE KARMA FITNESS, AND EACH OF THE OWNERS, OFFICERS, EMPLOYEES, VOLUNTEERS, 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 YOURESULTING FROM YOUR USE OF KARMA FITNESS INCLUDING ANY INJURY RELATING TO THE NEGLIGENCE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’
BEHALF OR ANYONE USING KARMA FITNESS FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN KARMA FITNESS ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN 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, FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND KARMA FITNESS 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 KARMA FITNESS.
Dispute Resolution
OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH KARMA FITNESS, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, MAY BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH KARMA FITNESS; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION.
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 ("AAA") IN ALLEGHENY COUNTY, PENNSYLVANIA.
Representation of Good Health.
BEFORE USING KARMA FITNESS, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, WHICH WOULD PREVENT YOU FROM SAFELY 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 THE KARMA FITNESS.
Loss of Property.
You and guests are encouraged not to bring valuables into Karma Fitness and Karma Fitness 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.
Minors Use of Facilities.
Minors under the age of 14 are not permitted in Karma Fitness. Minors ages 14 to 17 are not permitted in Karma Fitness 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 Karma Fitness.
Use of Images and Recordings.
You understand that while on Karma Fitness premises, your, or your minor child's image (including live or recorded video images), may be used or shown on the Karma Fitness website, print media, digital assets, or social media outlets, and that by entering the premises you consent to the use of these images.
Statement of Equality. Karma Fitness will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry. All are welcome and all will be served.
Governing Law. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania.
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, punitive or consequential damages.
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.
Karma Fitness
100 Broughton Road, Bethel Park, PA, USA
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