IN CONSIDERATION of being given the opportunity to participate in activities run by Recovery on Water (R.O.W) [herein referred to as ROW] These terms and conditions are entered into by and between ROW and the Member (hereinafter: “Member”).
The Member hereby agree to the following TERMS AND CONDITIONS;
MEMBER OBLIGATIONS:
• Member agrees to abide by all ROW policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.
• Member agrees to pay monthly dues on time, including notifying ROW promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
• Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.
• Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.
MEMBERSHIP DISABILITY:
• If Member becomes temporarily disabled for more than four (4) consecutive weeks, Member may freeze their account for up to three (3) months. The request must be made in writing and ROW may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of ROW. If Member requests their account to be frozen for longer than the three (3) month period, ROW will require medical proof of disability for the requested extension. Once the required documents are received by ROW, the Member is entitled to freeze their account for the duration of the disability. After Member recovers, Member is entitled to an extension of this Agreement for a period equal to the time of the disability. If Member is permanently disabled, Member may cancel this Agreement and receive a refund pro rata of the amount paid pursuant to it.
MEMBERSHIP FREEZE POLICY:
• If Member’s account is frozen for any reason, Member may be assessed a fee not to exceed $10/month. Regular payments and time will be added to the end of the existing membership term. DELINQUENT ACCOUNTS: • Membership will be terminated and access to all ROW Member privileges will be revoked if account becomes more than sixty (60) days past due.
CANCELLATION POLICIES:
• Member’s accounts will continue to accrue monthly membership fees until explicitly cancelled by the Member. Member understands that ROW will under no circumstance automatically cancel an account on behalf of the Member and that the Member is responsible for giving appropriate notice to ROW. Member’s account must be current before any cancellation will take effect.
• Member may cancel their membership and receive a full refund within three (3) business days of signing a Membership Contract by providing a written notice.
• ROW reserves the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of ROW policies, violation of terms of this Agreement, or due to damage rendered by Member or Member’s guests, Member will remain responsible for the financial obligations of this Agreement, as well as a $100.00 cancellation fee. In the case where the facility or its contents are damaged, Member is also responsible for any repair or replacement thereof.
DEFAULT AND LATE PAYMENTS: Should Member default on any payment obligation as called for in this agreement, ROW will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: ROW hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.
SUMMARY OF MEMBERSHIP POLICIES
1. Member does hereby join ROW and such membership entitles the Member to use the facilities and to access ROW’s virtual classes, programs, applications and events. The Member is entitled to use the facility and services. Virtual members are required to provide their own equipment for use during virtual classes.
2. Member agrees to abide by all membership regulations of ROW. Member agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member will be responsible for all payments due and owing under this Agreement, even if Member does not use ROW’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability.
3. If ROW becomes temporarily unavailable due to an event such as pandemic, fire, flood, loss of lease, or the like, ROW will provide alternative programming options or extend the Member’s membership privileges for the period the facilities were unavailable.
4. If Member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, ROW may suspend the Member’s right to use the facility or virtual classes until such time as the Member provides ROW with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. Additionally, Member may be assessed an account suspension fee not to exceed $10/month. In the event Member continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member’s membership may be terminated by ROW, and the balance of the Agreement declared due and payable in full immediately.
5. Member agrees that they shall not engage in any type of commercial or business activity while using the facilities.
6. Member agrees that Member shall abide by ROW dress code at all times while in the facilities and while participating in virtual activities.
7. Member agrees that he/she will not use loud or profane language upon ROW premises nor will Member molest, badger, assault or harass other ROW members, guests or employees. If Member engages in such behavior, Member’s membership shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.
8. Member agrees that if they fail to use ROW facilities that this failure shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.
9. Member agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this ROW Headquarters is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.
10. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that ROW shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
11. Both Member and ROW hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
12. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
13. Member authorizes ROW to contact Member by e-mail or telephone.
14. ROW retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at ROW from time to time and all Members shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at ROW or at ROW’s website.
SAFETY NOTICES
• The ROW facility at 1010 W. 35th Street, Suite 600, Chicago IL 60609 is under 24-hour recorded video surveillance.
• Members may not bring in guests at any time without the prior written consent of ROW staff. Furthermore, if this policy is violated, at the sole discretion of ROW, the Member may be charged a guest fee and/or have their membership suspended or canceled, the balance of this Agreement declared due and payable in full immediately and be assessed a penalty of up to $250.
• All Members have access to a free orientation to ROW member benefits, the facility and/or the proper use of equipment. It is the Member’s responsibility to request this orientation.
• It is each Member’s individual responsibility to wipe down the equipment the Member has used.
• Members are hereby required to use the safety features of the equipment. If a Member is unsure of how to use a machine, the Member should obtain instructions from the staff or personal trainers.
• Members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member’s membership, and the balance of this Agreement being declared due and payable in full immediately.
• Photography and/ or videography are not allowed during any ROW activities without prior consent from ROW staff.
Waiver
IN CONSIDERATION of being given the opportunity to participate in activities run by Recovery on Water (R.O.W) [herein referred to as ROW] I hereby agree to release, indemnify and discharge ROW on behalf of myself, heirs, assigns, next of kin, my personal representatives and estates as follows:
1. I ACKNOWLEDGE, agree and represent that I understand the nature of Rowing and General Exercise Activities, and that I am qualified, in good health, and in proper physical condition to participate in such Activity.
2. I ACKNOWLEDGE that this is virtual classes allow for minimal supervisor/intervention in case of emergency and I assume all risks associated with using exercise equipment and exercising alone.
3. I FULLY UNDERSTAND that: (a.) ROWING AND GENERAL EXERCISE ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis and death (“Risks”); (b.) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasee named below; (c.) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activity.
4. I AGREE AND WARRANT that I will examine and inspect each Activity in which I take part as a member of ROW and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to take part in the Activity until the condition has been corrected to my satisfaction.
5. I HEREBY RELEASE, discharge, and covenant not to sue USRowing, ROW, the Chicago Park District, any Regatta, their administrators, directors, agents, officers, volunteers and employees, other participating regatta organizers, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the Releasees herein), from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasee or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim, to the fullest extent permitted by law.
6. I HEREBY WARRANT AND VERIFY that I am in good health and able to participate in the physical activity of the programs of ROW.
7. I AGREE AND WARRANT that I am 21 years of age or older. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.