Rights and
Waiver Release

 I _________________________, hereby authorize Spar Houston to securely store and charge the above referenced credit card account automatically every month until otherwise requested by giving a minimum of 5 business days (Monday - Friday) written notice prior to the billing date to stop drafting the payment.

I understand that I will remain responsible for recurring charges and additional late fees and other applicable charges should my credit card be cancelled or otherwise made unavailable for payment. I further understand that I will remain responsible for recurring charges, additional late fees and other applicable charges if the withdrawal to the bank I have listed above is denied for insufficient funds or the account otherwise becomes unavailable.

What follows are the terms governing your Spar Houston Client Agreement. As used in this Agreement, “Client” means the person becoming a client; “you” also means the Client, but includes the Responsible Party if the Client is less than 18 years old; the “Responsible Party” is the Client’s parent or other adult who is legally responsible for the Client; and “we” means Spar Houston that owns the facility. By signing below, you agree to all the terms and conditions in this agreement and certify that you have read the entire agreement, so please read it carefully:

Cancellation Rights (Prepaid Services)

Prepaid services include all private coaching, class packages not tied to an agreement term, single sessions and one-time purchases. 

• You may cancel if within 12 hours from signing this agreement—you notify us that you want to cancel. If you do, we will refund any amounts you paid us, but may keep an amount not exceeding $100 for the fair market value of the services we provided the Client.

• Otherwise, all services are non-refundable. 

Cancellation Rights (Contract and/or Year Agreement)

You may cancel this agreement under the following circumstances:

• You may cancel if within 12 hours from signing this agreement—you notify us that you want to cancel. If you do, we will refund any amounts you paid us, but may keep an amount not exceeding $100 for the fair market value of the services we provided the Client.

• *If you decide to cancel this agreement before the expiration date, your cancellation fee will be based on the remaining amount of the contract. The early cancellation fee is 50% of your remaining balance left on the contract. 

• Otherwise, the agreement is non-refundable. 

No cancellation is effective unless it is in writing:
• And delivered to us by mail/email at our address and postmarked by midnight of any time limit stated above or hand delivered to us at that address by midnight of any time limit stated above; and/or sent to the email address: info@sparhoustontx.com
• Is delivered to us with all contract forms, client-identification cards, and other documents and evidence of being a client given to you. Please note that the best way to cancel is to send your written notice by registered or certified mail/email, return receipt requested, and to keep a photocopy of the notice.
• We may cancel this agreement at any time for any reason; if we do, you must immediately return the Client’s client-identification card.

Lost Cards; No Transfers (If applicable).

If you lose your client-identification card, you must pay us $5.00. You may not transfer your right to be a client or client-identification card to another person and the obligation to pay the balance of payments you owe us and may not be delegated to another person. If after 3 consecutive visits without a membership card, $5.00 may be added to your account and a new card issued.

Participation; Scheduled Training Sessions.

• The extent to which the Client participates in exercise and other activities conducted at our facilities is his or her decision alone. The Client’s failure to use our facilities does not entitle him or her to cancel this agreement or to a refund. Participation in special events is strictly voluntary and we do not endorse or recommend using outside vendors and participants.

• If the Client fails to attend a scheduled training session or is more than ten minutes late for that session, we may retain the money paid for that session and need not refund it or provide you with a credit, nor shall the member be able to participate in that class. You must cancel any scheduled training session at least 12 hours in advance, or at a minimum 6 hours before your scheduled time. All coaches/staff are allowed to charge a member for a scheduled training session at their own discretion with reasonable meaning. 

Delinquent Accounts.

If you default on any obligation to us, we may accelerate your obligations and require you to immediately pay us all money due under this agreement (even if not then payable), together with all collection agency and legal fees (including court costs) we incur.

Late or Returned Item Charges

We may charge you a $40 fee for any returned credit/debit card draft resulting from insufficient funds, account closed, or similar circumstance. 

Amending Rules.

We may amend or supplement the rules and conditions (including those contained in this agreement) applicable to clients as we deem appropriate to properly manage and operate our business.

Unavailability of Facility or Services.

From time to time, our facility, or services in the facility, may become unavailable because of mechanical breakdown, fire, act of God, condemnation, loss of lease, catastrophe, or other reasons beyond our control. If that happens, we are not responsible, and you may not hold us liable.

Operating Hours.

We may change operating schedules from time to time. We may close the facility on Sundays, Holidays, and for a period covering the Christmas holidays. We will post information about operating hours in the facility, online and via email.

Damage to Facilities.

You must pay us for any damage you or your guests cause to our facility or property.

Rules.

The Client must follow all our rules and regulations for using our facility. You and your guests assume all risk of personal injury, death, property loss, or other damages that may

relate to attending or using the facility or participating in any of Spar Houston programs, activities, or special events.

By assuming those risks, you and your guests waive, and release, all claims you or your guests may have or may want to assert against Spar Houston, its affiliates (including Spar Houston LLC), affiliates’ owners, officers, directors, managers, employees, agents, and representatives for any such personal injuries, death, property loss, or other damages connected to or arising out of any of the aforesaid risks. You and your guests release Spar Houston from all claims, damages, demands, rights of action, causes of action, and liabilities, present or future known or unknown, anticipated or unanticipated, resulting from or arising out of the Visitor’s and its guests’ attendance at our use of our facility or their participation in any of our activities, programs, or special events, including, without limitation, those arising from our negligence or that of any other member of Spar Houston. You and your guests also release all members of Spar Houston LLC from all liability relating to loss, theft, or damage to personal property- including, without limitation, automobiles and locker contents.

Nutrition Agreement (If Applicable)

The health, fitness and nutritional information Spar Houston provides is designed for educational and resource purposes only. This information is not a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should consult with a physician or other health-care professional. 

Please consult your physician or other health care professional before starting our or any other fitness or nutrition programs to determine if they are right for your needs. Do not start a fitness and/or nutrition program if your physician or health care provider advises against it.

Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional as a result of information you have obtained from me.

Spar Houston currently does not have a certified nutritionist or a registered dietitian on staff. The nutrition recommendations given in our programs should serve as an outline for what we believe is appropriate for you based on the information you provide, based upon our knowledge, and personal experience. Knowing this, I understand that any nutrition program is nonrefundable. 

*If you decide to cancel this agreement before the expiration date, you will still be responsible for the entire amount of the contract. If you elect not to continue the monthly autopayments for the contract, you can pay an early cancellation fee. The early cancellation fee is 50% of your remaining balance remaining on the contract. *

The results, if any, from exercise and/or nutrition programs may vary from person to-person. Further, engaging in any exercise, fitness or nutrition program involves risks of injury. If you choose to follow any of our fitness programs or nutrition recommendations, you acknowledge this and agree not to hold Spar Houston or any of its affiliates responsible for any injuries or damages you may incur. I disclaim all liability for loss, injury or damages in conjunction with any content provided in our programs. The use of any information provided from us or any of our programs is solely at your own risk.

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. 

SPAR Houston has put in place preventative measures to reduce the spread of COVID-19; however, SPAR Houston cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending SPAR Houston could increase your risk and your child(ren)’s risk of contracting COVID-19. 

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and/or my children may be exposed to or infected by COVID-19 by attending SPAR Houston and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at SPAR Houston may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SPAR Houston employees, facility participants and their families. 

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at SPAR Houston or participation in SPAR Houston programming (“Claims”). 

On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless SPAR Houston, 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. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.