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Membership Terms and Conditions

The Membership Agreement (the “Agreement”) is between Very Well KC and you, the Client (individually, if you are the Client, and/or as agents or guardian of the Client). It is agreed between Very Well KC and the Client that Client is purchasing, for the benefit of the Client, a membership, from Very Well KC according to the terms below.

This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Client and Very Well KC. Very Well KC has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Client to enter into this Agreement.

PAYMENT & BILLING: Monthly payment by credit card or EFT. The date the membership is purchased shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client’s credit card, or deducted from the Client’s account.

EFT Request and Authorization: Client must furnish a Credit or Debit card for memberships purchased. 

Client may change the account designated herein upon ten (10) days written notice to, and approved by, Very Well KC. Client may timely notify the financial institution in control of Client’s account to terminate this Request, by such notification will constitute a default and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to extent permitted by law.

Client hereby authorizes Very Well KC to make periodic charges or withdrawals (“EFT Authorization”) from such account or replacement account designated by Client and accepted by Very Well KC for payment of any and all fees, late charges, costs, expenses or any other monies due to Very Well KC under the terms and conditions of this Agreement. 

Client waives the right to receive prior notice for charges or withdrawals made with respect to any uncollected payments or portions of the balance due described above and the corresponding service charges, both of which Client agrees are not varying charges or withdrawals. 

CANCELLATION: Memberships cannot be frozen or canceled before the full membership term is complete.

At the end of the full membership term, all memberships will continue to auto-renew indefinitely. If you wish to cancel your membership after the full term, a written 30-day notice must be given requesting this cancellation. 

CLIENT’S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, Very Well KC shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Very Well KC delays or refrains from exercising any rights under this Agreement, Very Well KC does not waive, nor will Very Well KC lose those rights. If Very Well KC accepts late or partial payments from the Client, Very Well KC does not waive the right to receive full and timely payments and other charges due under this Agreement.

LIABILITY AND RELEASES: 

Without expectation of compensation or other remuneration, now or in the future, client gives consent to Very Well KC, and its affiliates and agents, to use their  image and likeness and/or any interview statements from client in its publications, advertising or other media activities (including the Internet).  This consent includes a) Permission to interview, film, photograph, tape, or otherwise make a video reproduction of client and/or record client’s voice; and b) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of client, and/or recording of client’s voice, in part or in whole, in its electronic media (including the Internet), and/or in mailings.

CLIENT:  acknowledges that the membership purchased hereunder may include participation in physical activities. Client acknowledges these Physical Activities involve the inherent risk of physical injuries or other damages, occurring during or after client’s participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.

CLIENT agrees to assume all risk and responsibility arising from participation in the Physical Activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

CLIENT waives any claims against and releases Very Well KC (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Very Well KC activities.

CLIENT and/or any of his or her heirs, assigns and next of kin, waives any claims against and releases Very Well KC (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability, claims and/or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Very Well KC activities.

ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

CLIENT  acknowledges that Client has read, understood and agrees with all terms and conditions of this agreement.