Lyceum Gym Membership Agreement

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between Lyceum Gym SA, located at 10300 Heritage Blvd, San Antonio, TX 78216 (“Lyceum Gym”), and you the member. Lyceum Gym is a boutique fitness studio offering group fitness classes. This Agreement entitles members access to participate in these classes and to enjoy other amenities offered including but not limited to: lockers, changing rooms, and showers, unless noted otherwise.

Please review this Agreement thoroughly as it is a legal contract between Lyceum Gym and all members. By using the services offered at Lyceum Gym, members are 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-calendar date which the membership became activate, on a month-by-month basis, via automatic debited payment (credit card, debit card, or automatic checking account draft). Additional terms regarding the automatic debited payments are outlined below.

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.

FREEZE POLICY: Members with a monthly unlimited membership may put their membership on hold, in one-month increments, for up to six (6) calendar months. Notice of intent to freeze one’s account must be submitted to Lyceum Gym via email at lyceumgymsa@gmail.com, to a staff member, or by phone no less than three (3) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.

SESSION CANCELLATION POLICIES

CANCELLATIONS: Reservations may be cancelled without penalty by cancelling up to 24 hours prior to the session start time. This may be done by contacting the trainer. Once the session is cancelled within this time, the session will be returned to the clients’s account, and the client will not be charged the cancellation fee.

CREDIT CARDS ON FILE; AUTO DEBIT

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

AUTO-DEBIT: By enrolling in an auto-debit contract, you authorize Lyceum Gym 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) Lyceum Gym will initiate transfers/charges pursuant to this authorization not to exceed the amount show on you Membership Agreement and/or in connect with cancellation fees per the cancellation policy. Lyceum Gym 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 Lyceum Gym 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 as 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. Lyceum Gym cannot be held responsible for errors in processing due to expired or inaccurate information.

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

You may cancel this Membership Agreement at any time. You must provide Lyceum Gym notice of your intent to cancel, no less than three (3) business days prior to the due date of your next billing payment. Failure to provide timely notice may result in a charge for the full amount of your next billing payment. The cancellation will take affect 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 three (3) 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 Lyceum Gym, 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 Lyceum Gym reserves the right to pursue additional avenues or means to receive monies owed.

This Membership Agreement may be cancelled upon receipt of notice via electronic mail (email), SMS text, given verbally to James Roysdon, 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 Lyceum Gym’ 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 Lyceum Gym.

MISCELANEOUS

CONDUCT/DAMAGES: Lyceum Gym 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 Lyceum Gym’ rules and regulations or who abuse equipment in any fashion will be asked to leave. Lyceum Gym 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 Lyceum Gym 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. Lyceum Gym reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Lyceum Gym.

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

PHOTO/VIDEO POLICY: No member or staff member will record or photograph another member without consent, nor post videos or photos on any online platform without permission from the member being recorded. Failure to adhere to this policy can result in immediate membership termination. Lyceum Gym protects the privacy of members and their right to have or not have their image displayed publicly.

PRIVATE IDENTIFYING INFORMATION: Lyceum Gym does not sell or provide any PII to any third party, outside of those entities needed to process payment information for membership and other products and services authorized by the member. We take our member's right to privacy very seriously. This information includes name, DOB, address, phone number, email address, checkin history, form of payment used, membership duration, likeness, or purchase history. The ONLY exception to this will be in the case the data is subpoenaed by a court authorized search warrant.

You, the buyer, may choose to cancel this Agreement at any time prior to midnight of the fifth business day of the health studio 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 buyer, 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 health studio, or delivered in person to James Roysdon at 10300 Heritage Blvd, San Antonio, TX 78216 OR lyceumgymsa@gmail.com.