HY|LO Fitness offers (1) free introductory workout. This offer is for new participants only and can only be used for either HY and LO classes. Late canceling without prior notice will use up one of your session, so please call us before hand to take you out of the class. See a HY|LO representative for details.
MEMBER’S RIGHT TO CANCEL:
Member may cancel his/her Membership for any reason by providing a thirty (30) day Written Notice of Cancellation to HY|LO Fitness, LLC. In compliance with S.C. Code § 44-79-30, Member has the following Right to Cancel:
(a) Member may cancel this Membership Agreement by sending notice of your wish to cancel before midnight of the third business day after you sign the contract, “Business day” means Monday through Friday excluding state holidays and federal holidays. HY|LO needs to receive notice by either phone or in person.
(b) In addition, you or your estate may also cancel the contract at any time by written notice to HY|LO Fitness, LLC at the address above if the following circumstances occur:
1. Member’s death;
2. Substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center’s services;
3. Member’s permanent relocation to a residence over fifty miles distant from an outlet operated by HY|LO Fitness, LLC, if it is unable to arrange for the Member’s use of another center with equivalent major facilities and services;
HY|LO Fitness, LLC may require presentation of information to substantiate that one of these circumstances has occurred.
If the Membership Agreement is cancelled because of disability, death, or permanent change of residence, HY|LO Fitness, LLC shall return any note or other evidence of indebtedness and unearned prepayments as follows: for each month that the Membership Agreement was in effect, HY|LO Fitness, LLC is entitled to the rate a month or a treatment which it could have charged if the Membership Agreement had initially been one for the number of months or the number of treatments for which the Membership Agreement was actually in effect. The rate is to be determined from a fee schedule in effect on the date of the Membership Agreement.
(c) The right of cancellation shall affect only the financial obligations under the Membership Agreement and Member’s right to use the physical fitness services of HY|LO Fitness, LLC.
(d) If a client cancels their membership PRIOR to their effective (EFT) date; they will have (30) days to access the facility and will be billed for that month.
(e) If a client cancels their membership AFTER their effective (EFT) date; they will have (30) days to access the facility and an additional (30) days meaning the billing cycle will accrue two months of (EFT). Contact a HY|LO representative at 843.606.2723 for details.
RELEASE, WAIVER, & INDEMNIFICATION
In conjunction with execution of this Membership Agreement and for good and valuable consideration, Member has reviewed and executed the Release of Liability, Assumption or Risk, Waiver of Claims and Indemnification Agreement that is made Exhibit A to this Membership Agreement and incorporated by reference as if set forth fully herein. This Membership Agreement constitutes the sole and entire agreement among Member and HY|LO Fitness, LLC regarding the subject matter contained herein. The validity, construction and enforceability of this Agreement shall be construed under and governed by the laws of the State of South Carolina. Jurisdiction and venue shall be in Charleston County, South Carolina. To the extent any portion of this Release of Liability, Assumption or Risk, Waiver of Claims and Indemnification Agreement is deemed invalid under the laws of the State of South Carolina, the remaining portions of the Agreement shall remain binding and in full force an effect on HY|LO and Participant. Contact a HY|LO representative at 843.606.2723 for details