CFX® Rules and Regulations
Members and any guests of a member are required to observe and comply with these Regulations and Rules. CFX (the Club) reserves the right to make changes from time to time and these changes shall be posted at the premises.
Unstaffed Hours Access Liability Waiver:
In consideration of being allowed to participate in any way in the program, related events and activities, I acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
2. It is expressly agreed and understood security is not provided by CLUB at any time, MEMBER acknowledges CLUB cannot be responsible or liable for MEMBER personal safety, MEMBER ASSUMES any and all responsibility for his/her personal safety.
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
4. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB, its officers, officials, agents, and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Facility Rules: Lockers are provided on a per visit basis only. The Club is not responsible for any lost, stolen or damaged articles. Locks left on lockers over night will be cut off and clothing donated to charity. Members must provide their own: work out towel, soap, wearing apparel (per dress code) and locks for lockers. Member may not bring weapons, alcohol, or drugs on the premises. Member may not perform any personalized training with any member or non-member without the prior written consent of the Club’s owner. Appropriate workout attire must be worn at all times. No exposed metal on clothing. No see-through clothing. No open – toed or – heeled shoes allowed. Any member that is 18 years or older may bring in a guest that is 18 years or older (subject to customary charges and fees). The guest must sign a “guest waiver” and may be asked to present identification. If a member is under the age of 18 they may not bring in a guest under the age of 18. If a guest is between the ages of 10 and 18, they must have a parent or legal guardian accompany them and sign the guest waiver. Charter Fitness reserves the right to refuse service to any guest.
Check In Policy: All members, upon entering the Club, are required to check in with their OpenPath app or key fob to gain entrance into the Club. Picture ID may be required.
Dues: The obligation to pay dues is not dependent upon the availability of the Club’s facilities or the Member’s usage of the facility. Repair or maintenance may at any time, make it necessary for the Club to restrict the use of, for a temporary period, its facilities. Power outages, weather, or other acts of nature may cause a restricted use of the facilities.
Membership Key Fob: Membership key fobs may be used to member upon request, and if in stock. If fob is lost, a replacement may be issued for $5.
Medical Analysis: Member hereby represents and warrants that he or she is physically sound and that he or she has medical approval to proceed with a normal routine of exercise. The Club is relying on the determination of the member and member’s physician as to member’s fitness to use the facilities and equipment of the Club and participation in a physical exercise program. Any member that has not been medically approved by a physician to participate in an exercise program cannot and should not use the Club’s equipment.
Damage to Facility: Member agrees to pay an extra charge for damages caused by the member arising from any careless use of equipment, or dropping weights, etc.
Signers of Agreement: If there is more than one person signing this agreement, each is individually responsible to fully perform the obligations under this agreement. It is each person’s responsibility to know whether this agreement is in default or that payments have been missed. The Club is not responsible for notifying the member of late payments or any default or that any payments have been missed.
Delinquent Accounts: Any account which is more than thirty days past due may result in member losing all Club privileges. After thirty days from due date, the Club shall have at its option the right to terminate or suspend membership and collect all outstanding monies.
Member’s Right To Cancel: If you wish to cancel this agreement without penalty prior to the validation of your membership, you may only cancel it by delivering or mailing a written notice to us. The notice must state that you do not wish to become a CFX member and be bound by the membership agreement and must be delivered or mailed before midnight of the third business day (the seventh business day if the facility has not yet opened for business at the time of signing) after you sign this agreement. The notice of cancellation may be made by personal delivery, or mailed by certified mail, to the location where this Contract was signed. If you cancel within the permitted number of days, we will return to you within thirty days, any amount you may have been billed prior to the validation of your membership. Failure to follow the procedures as outlined above shall result in the membership agreement remaining in full force and effect. Upon termination of this Contract, all information and material of a personal or private nature shall be returned to member within thirty days. Further, if the facility is not available for use by member within 180 days from the date of signing, or within 3 months from a date specified in the Contract, whichever is less, member may cancel this Contract.
Relocation/Death or Disability of Member: If the member relocates his/her residence 25 miles or more from the facility or a substantially similar facility that would accept member’s obligation hereunder, member may cancel the Contract and shall be liable for only that portion of charges allocable to the time before reasonable evidence of such relocation is presented to the Club. If the member, due to death or disability, is unable to use or receive all services contracted for hereunder, the member, or such member’s estate, shall be liable for only that portion of the charges allocable to the time prior to death or onset of disability. If facility is (i) relocated more than 25 miles from member’s residence, or (ii) is closed, and a substantially similar facility that would accept member’s obligation hereunder is not available, member may cancel this Contract and be liable for only the portion of time prior to the relocation or closing.
Binding Arbitration: If any dispute arises under this Contract, the parties each agree to submit the matter to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in the State of Illinois, County of Cook unless parties otherwise agree. Any award made by the arbitrator will be final and binding and may be entered as a judgment in any court having jurisdiction. The prevailing party will be awarded all cost of arbitration including reasonable attorney’s fees.
Violation of regulations & Rules:
All members and guests shall be subject to strict compliance with all Regulations and Rules. Failure by any member or guest to so comply shall permit the Club to revoke this Contract and immediately terminate all of member’s privileges and Club’s obligations under this Contract.
Applicable Law: The laws of the State of Illinois shall govern any claims arising under or extending from the terms and conditions of this Agreement.
CFX Club Policies