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MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between America’s DIY LLC, located at 5830 Plaza Parkway, Douglasville, Ga 30135 and you the member. America’s DIY is a do it yourself auto repair shop. This Agreement entitles members access  to utilize a hydraulic lift and professional tools  to repair personal vehicles. We also offer use of the paint and dry booth and ability to paint personal vehicles.

Please review this Agreement thoroughly as it is a legal contract between America’s DIY and all members. By using the services offered at America’s DIY LLC, members are agreeing to the terms of this Agreement.

PURCHASES AND PAYMENT

PAYMENT SUMMARY: Annual memberships are paid in advance yearly, on the calendar date which the membership became activated and terminating the date the following year. Payment is billed in-full at the time of purchase. 

Annual payments are renewed each year unless terminated 30 days in advance of the expiration date. 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 and their membership dues paid in full.

CANCELLATION AND BOOKING POLICIES

RESERVATIONS: Clients are solely responsible for the booking and cancelling of their reservations. Clients may reserve time online through their account, through the America’s DIY LLC website  or by calling America’s DIY LLC during normal business hours and confirming with  staff.

SIGN-IN: Clients are required to enter their reserved space  no later than 15-minutes after the scheduled start time. If a client does not enter their  by this time, it is considered a no-show and America’s DIY LLC reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

CANCELLATIONS: Reservations may be cancelled without penalty by canceling up to 12 hours prior to the start time. This may be done online via a client’s account, or by calling the office during regular operating hours and confirming with  staff. Once the reservation is cancelled within this time, the time will be returned to the client’s account, and the client will not be charged the cancellation fee.

Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

ANNUAL MEMBERSHIPS: If you do not cancel within the 12-hour window, a late-cancel fee of $15 will be charged to your account and the reservation will be returned. If you do not have a working card on file, your reservation will be forfeited instead. If you do not cancel and do not show up to your scheduled reservation, a no-show fee of $25 will be charged to your account and the reservation will be returned. If you do not have a working card on file, your reservation will be forfeited instead.

If you book multiple reservations , or waitlist multiple spaces, you are solely responsible for canceling  within the bounds of the cancellation policy outlined above. America’s DIY LLC staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted reservations as  members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST: In the event a schedule  is booked to capacity, you may be placed on the waitlist for the space. In which case a space will be provided for your reservation. The system will auto-populate clients into reservations from the waitlist as soon as other clients with confirmed spots cancel, and/or slots will be assigned as they become available. 

PACKAGE PURCHASES; CREDIT CARDS ON FILE; AUTO DEBIT

PACKAGE PURCHASES: By purchasing a package from America’s DIY LLC, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Contract members are required to keep a current credit card on file.

CREDIT CARD ON FILE: Members must keep a credit card on file using their America’s DIY LLC account online. By placing a card on file, the cardholder and account holder gives permission to the America’s DIY LLC staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the America’s DIY LLC, cancellation policy detailed above.

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize America’s DIY LLC to, on a recurring basis, automatically charge the debit or credit card account you specified, for the annual payment on your unlimited auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that America’s DIY LLC will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on your Membership Agreement and/or in connection with cancellation fees per the cancellation policy. I ing information. America’s DIY LLC 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 America’s DIY LLC 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 staff. If in the subjective opinion of the America’s DIY LLC staff, you would be at physical risk participating in America’s DIY LLC’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish America’s DIY LLC with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing America’s DIY LLC’s concerns and stating that America’s DIY LLC’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 America’s DIY LLC, 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 America’s DIY LLC’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 America’s DIY LLC’s Classes and Facilities, and should not be participating in any Classes.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. 

America’s DIY LLC has put in place aggressive preventative measures to reduce the spread of COVID-19. However, the studio cannot guarantee that you or any member/employee of America’s DIY LLC will not become infected with COVID-19. Further, attending the studio could increase your risk of contracting COVID-19. 

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You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you MAY be exposed to or infected by COVID-19 by attending the America’s DIY LLC Studios and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at the studios may result from the actions, omissions, or negligence of myself and others, including, but not limited to, studio employees, instructors, and staff. 

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at America’s DIY LLC (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless America’s DIY LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of America’s DIY LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any America’s DIY LLC program. 

You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. 

You agree to be solely responsible for the safety and well-being of yourself. 

You agree to comply with all rules imposed by America’s DIY LLC regarding the use of the facilities and equipment.

You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by America’s DIY LLC. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. 

You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. 

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at the end of any one year term. You must provide America’s DIY LLC 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 year. For example, if your billing payment is due the first day of the year, 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 America’s DIY LLC, 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 America’s DIY LLC reserves the right to pursue additional avenues or means to receive 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 America’s DIY LLC’ 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 further than twenty five (25) miles from America’s DIY LLC. The member shall provide proof of new residence.

MISCELANEOUS

CONDUCT/DAMAGES: America’s DIY LLC 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 America’s DIY LLC’ rules and regulations or who abuse equipment in any fashion will be asked to leave. America’s DIY LLC 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. The member shall pay for any damages to America’s DIY LLC property which results from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this agreement. America’s DIY LLC reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by America’s DIY LLC.  

PHOTO/VIDEO RELEASE: You hereby grant America’s DIY LLC, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at America’s DIY LLC and to use and publish these photos or videos in print and/or electronically. You agree that America’s DIY LLC 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.