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Terms and conditions for Developmental | Month-to-Month Membership

PROGRAM TERMS AND CONDITIONS

PAYMENTS / OBLIGATION TO PAY: You are ultimately responsible for all Program fees and costs. Full payment is due on either the first (1st) of the month or the fifteenth (15th) of the month depending on the date indicated in this Agreement. If the date indicated in this Agreement falls on or between the eighth (8th) to the twenty second (22nd) of the month, full payment is due on the fifteenth (15th) of each month. If the date indicated in this Agreement falls on or between the first (1st) and seventh (7th) of the month or on or between the twenty third (23rd) and end of the month, full payment is due on the first (1st) of each month. We accept check (payable to the order of “D1 Sports Training”) 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 or monthly cost of your training program shall be referred as the “Membership Fees.”

REFUND POLICY: Program/Membership costs are not refundable. Initials: %%INITIAL%%

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 monthly installments) is declined or expired. Initials: %%INITIAL%%

2) Personal check is rejected by bank due to insufficient funds. Initials: %%INITIAL%%

CANCELLATION POLICY: Members may not cancel their programs, 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 D1 SPORTS TRAINING OF DALLAS, LLC, 7115 S Springs Drive, Franklin, TN 37067.

2) Relocation: Member may cancel contract if a member moves more than 50 miles away from any D1 location, however, member must continue paying contract fees until a utility bill is provided with a new address listed.

3) Death or Permanent Disability. Member 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.

4) Cancellation fee is paid: A $250 cancellation fee must be received from the 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 EVERY THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS AGREEMENT (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 NO MORE THAN THIRTY (30) CALENDAR DAYS AND NO LESS THAN TEN (10) CALENDAR DAYS PRIOR TO THE END OF THE CURRENT BILLING CYCLE.

D1 reserves the right to immediately terminate your use of, or access to, the D1 facility at any time if D1 decides at its sole discretion that you have breached 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 (ONE-YEAR PROGRAMS ONLY): In an effort to accommodate in-season and injured members (and other schedule conflicts), all one-year program participants have the option to “freeze” their training program (including payment) for a maximum of three (3) months over the course of your 12-month program whereby you will be charged a Twenty-Five Dollar ($25.00) Freeze Fee for each frozen month rather than your monthly membership cost. This provides you a 15-month period to utilize your 12-month, contracted training program. 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 your D1 Facility Coordinator. Initials: %%INITIAL%%

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 campus.

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 D1, 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, access to the Train Heroic software platform.

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 Sports 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 Nashville, Tennessee 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 Tennessee (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 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.




***NOTICE TO BUYER: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ ALL OF IT.***


AGREED AND ACCEPTED:


Participant’s Signature %%SIGNATURE%% Date %%DATE%%


Parent or Guardian Signature (if under age 18) %%SIGNATURE%%