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DNA Fitness Club Terms of Service

These Terms of Service govern your membership with DNA Fitness Club LLC (“Company,” “we,” “our,” or “us”). By agreeing to these terms, you confirm your legal obligation as a Member (“you” or “your”).

1. Membership Overview

By becoming a member of DNA Fitness Club, you agree to these terms, which apply to all services provided. Membership requires acceptance of these Terms before accessing our programs.

2. Affirm Financing and Payment Terms

  • Affirm Financing: You may finance the cost of certain fitness programs through Affirm. Financing is subject to Affirm terms and conditions, which will govern your financing agreement. By choosing Affirm, you agree to comply with their terms.

  • Programs Covered: Affirm financing applies only to initial program costs, including but not limited to our 6-Week, 8-Week, and 5K Lifetime programs. Financing is not available for recurring membership fees.

  • Transition to Recurring Billing: After completing your initial Affirm-financed program, your membership will automatically transition to a recurring billing model at the rate of $396 every 28 days, unless you cancel prior to the end of the program.

  • Payment Authorization: By providing your payment details for recurring membership, you authorize DNA Fitness Club to charge your card on file for $396 every 28 days. Your payment method must be kept up to date to maintain membership.

3. Refund and Cancellation Policy

  • Refunds: All initial payments through Affirm are non-refundable. Any refund incentives offered by specific programs (e.g., fat loss challenges) will be applied as a credit toward future memberships, not as a refund of the Affirm-financed amount.

  • Cancellation: You may cancel your recurring membership at any time after the initial program, but any unpaid balances owed to Affirm for your initial program must still be paid.

4. Default and Late Payments

  • Affirm Defaults: If you default on your Affirm financing payments, your membership and access to DNA Fitness Club services may be suspended. Affirm late fees and penalties may apply based on their terms.

  • Recurring Billing Defaults: If recurring membership payment fails, you will have a 5-day grace period to resolve the issue. After 5 days, access to DNA Fitness Club services may be suspended until payment is made.

5. Release of Liability and Assumption of Risk

By participating in DNA Fitness Club activities, you acknowledge and assume all risks, including injury or illness. DNA Fitness Club is not liable for any injuries or damages resulting from participation in our programs.

6. COVID-19 Waiver of Liability

You acknowledge the inherent risks of exposure to COVID-19 and voluntarily assume those risks when participating in any DNA Fitness Club activities, whether in-person or virtual.

7. Dispute Resolution

Any disputes arising from this Agreement, including disputes related to Affirm financing, shall first be addressed through informal discussion. If unresolved, you agree to mediation or binding arbitration. You waive the right to a jury trial and agree to bring any claims individually.

8. Governing Law

This Agreement is governed by the laws of the state of California, where it was executed.

9. Additional Terms

  • Medical Conditions: You confirm that you are in good health and able to participate in fitness activities. DNA Fitness Club is not liable for injuries resulting from pre-existing health conditions.

  • Dress Code: Proper athletic attire is required.

  • Loss of Property: DNA Fitness Club is not responsible for any lost, stolen, or damaged personal items.

  • Non-Discrimination: DNA Fitness Club does not discriminate based on race, gender, sexual orientation, or any other protected status.

  • Membership Termination: DNA Fitness Club reserves the right to terminate your membership at any time. Any unused prepaid dues will not be refunded.

  • Consent to Contact: By agreeing to these terms, you consent to receive communications via phone, email, or text regarding your membership.

Agreement to Terms and Conditions

By checking the “I AGREE” box, you confirm that you have read, understand, and accept these Terms and Conditions. Your electronic acceptance constitutes a legally binding signature.