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Terms and conditions for Adult | 12 Month Membership

PROGRAM TERMS AND CONDITIONS

DEFINITIONS. “Membership Agreement” and “Agreement” shall refer to these Program Terms and Conditions. “D1” shall refer to D1 Sports Training of Dallas, LLC d/b/a D1 Training - Dallas, D1 Dallas, and its affiliates. “You” shall refer to Member, Participant, Buyer and/or Undersigned. “Parties” shall refer to D1 and You. “Program” shall refer to athletic based training provided by D1 under various program names specialized for youth and adult athletes, including but not limited to Scholastic, Rookie, Developmental, Prep, Boot Camp, Strength, Collegiate, Personal (1-on-1), Team, Recover, and Next Level Elite. D1 reserves the right to offer Programs under other names, which also shall be included under this Agreement.

PAYMENTS / OBLIGATION TO PAY. You are ultimately responsible for all Program fees and costs. Full payment for the agreed upon term is due upon signing this Agreement unless pricing requires recurring monthly payments. If pricing requires recurring monthly payments, payment is due each month on the same date as the initial payment. We accept check (payable to the order of “D1 Sports Training of Dallas”) and credit cards. You understand and agree to be held responsible for the entire cost of the Program and any additional costs incurred. You agree that if you fail to pay on time, you will be responsible for all collection costs incurred by D1. The annual, monthly, or other term or Paid-In-Full term cost of your training Program shall be referred as the “Membership Fees.”

REFUND POLICY. Membership Fees are not refundable.

DECLINED DEBIT/CREDIT CARD & INSUFFICIENT FUNDS POLICY. You will be charged a $20 inconvenience fee in the event of the following occurrences: 1) Debit/credit card (D1 has on file for authorized charges) is declined or expired. 2) Personal check is rejected by bank due to insufficient funds, or closed account.

CANCELLATION POLICY. Members may not cancel their Program, unless one of the following occurs: 1) Three Business Day Period. Members with a 1 Year Training Membership may cancel this agreement within three (3) business days of its making provided that notice of cancellation is sent via certified mail to the D1 Dallas facility.

2) Relocation: Members may cancel contract if a member moves more than 50 miles away from the D1 Dallas facility, however, the cancelling member must continue paying contract fees until a utility bill is provided with a new address listed. Notice of the intent to cancel and utility bill must be sent via email to the general manager of the D1 Dallas facility.

3) Death or Permanent Disability. Members may cancel if a member dies or becomes totally and permanently disabled during the duration of this agreement and proof of death or total and permanent disability is provided. Notice of intent to cancel and proof of death or total and permanent disability must be sent via email to the general manager of the D1 Dallas facility.

4) The D1 Guarantee. Members with a 1 year or 6 month Training Membership may cancel the remainder of their contract within thirty (30) days of signing up if (i) the Member checks in to at least six (6) classes prior to cancelling; and (ii) the Member’s attendance in at least six (6) classes is verified by a D1 staff member.

5) Cancellation fee is paid: A cancellation fee of $250 must be received from the cancelling member and it must clear the bank before cancellation may occur for any reason other than those listed under this cancellation policy.

MONTH TO MONTH. All month-to-month memberships will automatically renew and be charged on the same calendar day as the Date you sign up (the “Billing Cycle”) unless terminated in accordance with this provision. In the event that you wish to cancel a month-to-month agreement with D1, notice of the intent to cancel must be given at least thirty (30) calendar days prior to the end of the current Billing Cycle. Notice must be sent via email to the general manager of the D1 Dallas facility.

CLASS PACKS. The following are expiration terms designated for each Class Pack quantity; 12 Class Pack expire in three (3) months, 24 Class Pack expire in six (6) months, 36 Class Pack expire in nine (9) months.

PERSONAL TRAINING. You must have a Personal Training session on your profile twenty-four (24) hours before scheduled training time, or the session will be cancelled. A minimum of a 12 session package is required to train during Prime Time (4:00 pm – 6:00 pm) Monday through Friday. Cancellations and rescheduled sessions, require you to give twenty-four (24) hour advance notice to your Coach. D1 Dallas reserves the right to deduct and full personal training session from your package on late cancellations. Packages smaller than 12 sessions will not be shared between family members. Sessions are nonrefundable and sessions will not expire. Coaches may set pricing minimums which vary from D1’s standard pricing for both new and current clients; existing passes/packages are honored until used.

TERMINATION. D1 reserves the right to immediately terminate your use of, or access to, the D1 Dallas facility at any time if D1 decides at its sole discretion that you have breached any terms or conditions of this Agreement or any relevant law, rule or regulation, or you have engaged in conduct that D1 considers to be inappropriate or unacceptable.

PROGRAM FREEZE. In an effort to accommodate in-season and injured members (and other schedule conflicts), all fixed-term memberships three (3) months or longer have the option to “freeze” their training program (including payment). Memberships three (3) months in length are eligible for a maximum of one (1) month freeze. This provides the member a 4-month period to utilize his/her 3-month, contracted training program. Each time a member puts a 3 month membership on freeze it will cost $25 with the total program freeze lengths will not exceed 1 month. Memberships six (6) months in length or longer are eligible for a maximum of three (3) months freeze. This provides the member with 3 additional months to utilize his/her 6-month or longer, contracted training program. The first program freeze a member puts on a 6 month or longer membership will be free of charge but cannot exceed one month. Each consecutive freeze on a 6 month or longer membership will cost $25 with the total program freeze lengths will not exceed 3 months. When freezing your membership, members MUST provide notice two weeks prior to their desired freeze date and the monthly billing date. This notice must be sent via email to the general manager of the D1 Dallas facility. Class Packs and Monthly memberships are not eligible for a program freeze. If a member must freeze their membership due to a medical reason, the member can send a signed doctor notice via email to the general manager of the D1 Dallas facility for review to have his/her freeze fee waived.

COMMUNITY STANDARDS. D1 is a private, independent, community-oriented company. The undersigned and the undersigned’s guests are asked to uphold behavioral standards that exist for the betterment of D1’s community. Guests are asked to cooperate in preserving a community focused and family friendly atmosphere, free of inappropriate language, disrespect for others, and immodest dress. Pets, illegal drugs, weapons, alcoholic beverages and tobacco are prohibited anywhere on the D1 Dallas facilities.

TRAINING SERVICES. D1 agrees to provide a sports trainer (a “Coach”) to provide training services to you.

OFFSITE TRAINING COSTS. Unless such training services are provided at the D1 Dallas facility, you agree to bear all costs associated with the training services, including the costs of all equipment and rental of the building or space in which training services are provided, if any.

D1 PROGRAMS. The training services created by D1, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of D1 and may not be used, replicated, disclosed, published or sold without prior written consent from D1. Other than access to D1’s regular class schedule, programs or services provided to you are done as a courtesy and may be stopped by D1 at any time, including without limitation.

AFFIRMATION OF LIABILITY WAIVER. In the event that you are entering into a membership agreement following a free trial, you hereby agree, assent and covenant that in the event you do not sign a liability waiver in conjunction with this Agreement, the liability waiver executed in conjunction with the free trial shall be treated as if you executed the liability waiver contemporaneously with this member agreement, and all terms and conditions of the liability waiver hereby apply to D1’s provision of services under this member agreement in addition to the services provided pursuant to the free trial.

ENTIRE AGREEMENT; AMENDMENT. These Program Terms and Conditions constitute the entire agreement, and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter hereof and that neither party is relying on any statements other than those contained herein to enter into this Agreement.

SEVERABILITY. If one or more provisions of this Agreement, including without limitation the D1 Liability Waiver & Release executed simultaneous to this Agreement which is incorporated by reference as though fully set forth throughout, are held to be unenforceable under applicable law, the balance of the Agreement shall be interpreted as if such provision were so excluded and the balance of the Agreement shall be enforceable in accordance with its terms.

CONFIDENTIALITY. You agree to keep the specific terms of your training costs confidential.

COUNTERPARTS. This Agreement may be executed in two or more counterparts, all of which taken together shall constitute one and the same instrument. Facsimile signatures shall constitute original signatures for purposes of this Agreement. Further, this Agreement and any amendment thereto, may be signed electronically through any program in compliance with the ESIGN Act of 2000.

GOVERNING LAW; ARBITRATION. Any controversy or claim arising out of or relating to this Agreement must be resolved through arbitration pursuant to the Federal Arbitration Act, and such arbitration shall be the exclusive, final and binding remedy. The parties agree that the arbitration shall take place in Dallas County, Texas and will be through the American Arbitration Association (“AAA”), a public service, non-profit organization that offers unbiased dispute resolution services. The arbitrator shall apply the internal laws of the State of Texas (without giving effect to its conflict of laws principles). Judgment upon any award reached by the Arbitrators may be entered in any federal or state court having jurisdiction thereof. The arbitration shall take place before a single arbitrator jointly selected (or appointed by the AAA if the parties are unable to agree upon an arbitrator within ten days). The cost of arbitration shall be initially paid by the party initiating action. The non-prevailing party shall be responsible for payment of the full costs of the arbitrator and reasonable expenses of the prevailing party including attorney fees and expert witness fees. The award rendered by the arbitration shall be entered in any court having jurisdiction thereof.

ATTORNEYS FEES AND COLLECTIONS FEES. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to recover all of its costs and reasonable attorneys’ fees. D1 may also collect any fees associated with collecting any outstanding fees.

WAIVER. The failure of either party to this Agreement to insist upon a strict performance of any of the terms or provisions of this Agreement or to exercise any option, right or remedy herein contained, shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue and remain in full force and effect. No waiver by either party to this Agreement of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by such party.

CHANGE OF TERMS. With the exception of your Membership Fees during the term of this Agreement, D1 retains the right to alter the terms of this Agreement at any time.