MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between ATONEDBODY LLC, dba Atoned, located at 3226 Kent Road, #105, Stow, Ohio 44224 (“Atoned”), and you, the member (“Member”). Atoned is a boutique fitness and wellness studio offering instructor-led group fitness classes, electrical muscle stimulation, and infrared sauna. This Agreement entitles Members access to participate in these classes and to enjoy other amenities offered including but not limited to: infrared saunas, changing rooms, and common areas, unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between Atoned and the Member. 

By using the services offered at Atoned, Member is agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Monthly memberships are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Regular monthly dues apply thereafter. Active monthly membership payments shall be made automatically, on a month-to-month basis, via automatic debited payment from the type of payment initially used to purchase the membership (credit card, debit card, or automatic checking account draft), as outlined herein. 

Monthly Memberships require a three month commitment, wherein, the membership cannot be cancelled without penalty. The penalty for cancellation within the first three months is payment of the remaining balance of the three month membership.

In the event of a declined credit card/debit card, the Member’s account will be immediately suspended, pending the Member updating their payment information within 3 days and their membership dues paid in full.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted in writing to Atoned via email at get@atonedbody.com no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date defined by the submitter. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the designated freeze months. Billing will resume automatically upon end of the designated freeze months.

CLASS CANCELLATION AND BOOKING POLICIES

RESERVING CLASSES: Members are solely responsible for the booking and cancelling of their classes. Members may reserve class spots online through their account on the Atoned app, or through the booking portal on the Atoned website www.atonedbody.com/schedule

SIGN-IN: Members are required to enter their scheduled class no later than 5-minutes before the scheduled start time. If Member does not enter the classroom by this time, it is considered a no-show and Atoned reserves the right to assign the spot to a person on the waitlist, as well as charge a no-show fee (detailed below). Late members will be prevented from entering class to avoid injury, and class disruption.

CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class start time. This may be done through the Atoned app. Once the class is cancelled within this time, the class credit will be returned to the Member’s account, and Member will not be charged a cancellation fee.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, or text message are considered invalid and the Member will be charged if the class is not cancelled through the Atoned app or through the booking portal on the Atoned website within the 12 hour cancellation window.

If Member books multiple classes, or joins a waitlist for multiple classes, Member is solely responsible for cancelling booked or waitlisted classes within the outlined restrictions of the cancellation policy. Atoned staff cannot be held responsible for accidental bookings by members, double bookings, or double waitlisted classes made by Member. Late-cancel and no-show fees apply if Member does not cancel within the outlined restrictions of the cancellation policy for double bookings.

LATE FEES:

CLASS BUNDLES + MONTHLY MEMBERSHIPS: If Member does not cancel within the 12-hour window, a late-cancel fee of $25 will be charged to Member’s account and Member will lose the class credit. If Member does not cancel and does not show up to scheduled class, a no-show fee of $30 will be charged to Member’s account and Member will lose the class credit.

MONTHLY UNLIMITED MEMBERSHIPS: If Member does not cancel within the 12-hour window, a late-cancel fee of $25 will be charged to Member’s account. If Member does not cancel and does not show up to scheduled class, a no-show fee of $30 will be charged to Member’s account.

The no-show and late-cancel fees apply to ALL members equally. 

ROLLOVERS:

Class credits do not rollover at the close of a month if unused. 

WAITLIST: In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a waitlist, you are solely responsible for managing your bookings and for cancelling your classes within the outlined restrictions of the cancellation policy. 

The system will auto-populate members into class from the waitlist as soon as other members with confirmed spots cancel, and class slots will be assigned as such. Atoned staff cannot move class slots for members in classes that are completely full with waitlists.

BUNDLE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

BUNDLE PURCHASES: By purchasing a membership package from Atoned, you agree to the terms and conditions contained herein in full.

Unlimited and auto-debit contract members are required to keep a current credit card on file through the Atoned App.

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. 

Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. Atoned staff will not adjust or extend special packages due to waitlisted classes or accidental bookings through the acts or omissions of members. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

CREDIT CARD ON FILE: Members may elect to keep a credit card on file using their Atoned account online. By placing a card on file, the cardholder and account holder gives permission to the Atoned staff to charge the card for any auto-debit bundles and/or cancellation fees accrued in accordance with the Atoned cancellation policy.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Atoned to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Atoned will initiate transfers/charges pursuant to this authorization not to exceed the amount show on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. Atoned may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) the Atoned booking system allows for booking through the week regardless of the billing date of your contract; (3) if you are booked in a class past the subsequent billing date, and your debit/credit card fails to bill properly, that you will be removed from any classes past the subsequent billing date and notified via electronic mail; (4) if you are removed from class due to the circumstances described, it may not be possible to place you back into the class for which you were originally booked and that you will not be given any priority in waitlisted classes; (5) it is your responsibility to keep a current card on file with accurate billing information. Atoned cannot be held responsible for errors in processing due to expired or inaccurate information.

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes” and “Facilities”) of Atoned and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in group fitness classes and exercise equipment in association with the Classes and Facilities.

You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by instructors and staff. If in the subjective opinion of the Atoned staff, you would be at physical risk participating in Atoned’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish the Atoned staff with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Atoned’s concerns and stating that Atoned’s concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Atoned, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Atoned's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Atoned’s Classes and Facilities, and should not be participating in any Classes.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time, in writing and pursuant to any cancellation fees as described in the Membership Agreement. You must provide Atoned written notice via electronic mail or a letter mailed first-class of your intent to cancel, no less than ten (10) business days prior to the due date of your next billing payment. Failure to provide timely notice will result in a charge for the full amount of your next billing payment. The cancellation will take effect the subsequent month. For example, if your billing payment is due the first day of the month, you must provide written notice no later than ten (10) business days prior to that date. If you fail to do so, you will be billed on the first day of the month for the full amount, and your contract will be cancelled as of the date of the subsequent billing payment due date.

If, at the time of receipt of your cancellation notice, you have outstanding payments owed to Atoned, these payments must be made in full in order for the Membership Agreement to be considered cancelled. In the event that you fail to pay outstanding amounts owed, your membership will be considered suspended, the Membership Agreement will not be cancelled, and Atoned reserves the right to pursue additional legal remedies to recoup monies owed.

This Membership Agreement may be cancelled upon receipt of written notice via electronic mail (email) or a letter mailed first-class in the event of (1) the death or disability of the member, and the member is unable to receive all of Atoned’s services which the member has contracted. The member, or the member’s estate, shall be relieved from obligation of making payment for services other than those received or obligated prior to the death or onset of the disability (subject to the signed doctor’s note regarding the nature of the disability); and (2) the member moves farther than twenty five (25) miles from Atoned. The member shall provide proof of new residence.

MISCELLANEOUS 

CONDUCT/DAMAGES: Atoned is committed to the health, safety, and welfare of each of its members and will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behavior. Members who do not observe Atoned’s rules and regulations or who abuse equipment in any fashion will be asked to leave. Atoned has the right to judge behavior and respond accordingly. This right includes, but is not limited to termination of a membership without refund to any member engaging in unacceptable behavior. Member shall pay for any damages to Atoned property which results from the willful or negligent conduct of Member, Member’s guest, or Member’s dependent child. Not all rules and regulations are listed in this agreement. Atoned reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Atoned.

PHOTO/VIDEO RELEASE: You hereby grant Atoned, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at Atoned and to use and publish these photos or videos in print and/or electronically. You agree that Atoned may use photographs or video footage of you with or without your name for any lawful purpose, including for such purposes as publicity, illustration, advertising and web content. 

You, the Member, may choose to cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail, email, or deliver a signed and dated notice that states that you, the Member, are canceling this Agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the studio to get@atonedbody.com, or delivered in person to 3226 Kent Road, Stow, Ohio 44224.