MEMBERSHIP AGREEMENT

 

This Membership Agreement (“Agreement” or “Membership Agreement”) is entered into between STARR FIT CLUB, located at 4606 Woolworth Street Houston, TX 77026, and you the member. STARR FIT CLUB is a boutique fitness studio offering only private fitness on an one-to-one basis with two options the first in person training, and the second option virtual live remote or pre-recorded training membership training I individual is not on location at the site location of fitness studio. This Agreement entitles members access to private fitness training with Marisol Starr Garner also known as (“The Trainer” “Fitness Coach” “Coach Starr”) to participate in any on-site, virtual (remote) or recorded training as well as any small group fitness the coach may launch providing member with access but not a guarantee based on limited space. 

 

*Please review this Agreement thoroughly as it is a legal contract between STARR FIT CLUB and all private members. By using the services offered at STARR FIT CLUB, members, also known as (“The Member” “The Client”) are agreeing to the terms of this Agreement.

 

PURCHASES AND PAYMENTS

 

PAYMENT SUMMARY

Monthly memberships for private fitness training, or small group classes are paid in advance monthly, on the calendar date which the membership became activated, for the following month. Class packages are billed in-full at the time of purchase. Regular monthly dues apply thereafter for both private fitness training and small group virtual training classes. Monthly membership payments shall be made monthly from the date of activation, 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 and found in the section titled: PACKAGE PURCHASES, CREDIT CARD(S) ON FILE, AND AUTO DEBIT.

 

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 membership may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $25 will be charged per freeze request. Notice of intent to freeze one’s account must be submitted to STARR FIT CLUB via email at starrfitclub@gmail.com no less than seven (7) 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.

 

Single sessions can be purchased for a short term (ex. 2-weeks) as a temporary transition in the event (The Member” “The Client”) runs into a financial discrepancy concerning monthly auto payment plans, and it is the responsibility of (“The Member “The Client) to resolve any payment issues in a timely manner to resolve any payment plans set to auto-deduct from STARR FIT CLUB in order to maintain any schedule dates. Failure to resolve any payment plan issues may result in total cancellation of any and all scheduled sessions and is not guaranteed to be available as new members may arise and take dates off the market. 

 

CANCELLATION OF MEMBERSHIP AGREEMENT BY MEMBER

This Membership Agreement may be cancelled with a written notice no less than thirty (30) days prior to the due date of your next billing payment by delivering your notice in person to “Trainer/Coach” at facility, via electronic mail (email) at starrfitclub@gmail.com or a letter mailed first-class to STARR FIT CLUB 4606 Woolworth Street Houston, TX 77026 in the event of financial hardship/other personal reasons or (1) the death or disability of the member, and the member is unable to receive all of STARR FIT CLUB 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 STARR FIT CLUB. The member shall provide proof of new residence. 

 

Failure to provide timely notice will 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 thirty (30) 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 STARR FIT CLUB, 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 STARR FIT CLUB reserves the right to pursue additional avenues or means to receive monies owed.

 

CANCELLATION OF MONTHLY MEMBERSHIP - SMALL GROUP CLASSES (virtual or outdoor events only)

To cancel a Monthly Membership for small group classes, a 30-day notice is required. The no-show and late-cancel fees apply to ALL clients equally regardless of unlimited status or special package pricing or membership level.

 

RESERVING CLASSES

Clients are solely responsible for the booking and cancelling of their classes. Clients may reserve class spots online through their NASM EDGE account application.

 

SIGN-IN

Clients are required to enter their scheduled class no later than 5-minutes after the scheduled start time. If a client does not enter their classroom by this time, it is considered a no-show and STARR FIT CLUB reserves the right to assign the spot to another person on the waitlist, as well as charge a no-show fee (detailed below).

 

CANCELLATION OF SINGLE or MONTHLY RESERVATIONS - SMALL GROUP CLASS (virtual or outdoor events only)

Reservations may be cancelled without penalty by cancelling up to 12 hours prior to the class (for small group classes online or outdoor event only) start time. This may be done online via a client’s account from the NASM EDGE application online or from app, or by calling the studio during regular operating hours and confirming with studio trainer but not guarantee that trainer will be available for any cancellations as trainer may be occupied by training session of other members/clients. Once the class is cancelled within this time, the class will be returned to the clients’s account, and the client will not be charged the cancellation fee. Cancellations via electronic mail (email), Facebook messenger, Instagram or other social media, voice message, text message are not valid and the member will be charged.

 

CANCELLATION OF CLASS PACKS MEMBERSHIP

If you do not cancel within the 12-hour window, a late-cancel fee of $8 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead. If you do not cancel and do not show up to your scheduled class, a no-show fee of $12 will be charged to your account and the class will be returned. If you do not have a working card on file, your class will be forfeited instead.

 

If you book multiple classes, or waitlist multiple classes, you are solely responsible for cancelling your classes within the bounds of the cancellation policy outlined above. STARR FIT CLUB trainer and staff cannot be held responsible for accidental bookings by clients, double bookings, or double waitlisted classes made by members. Late-cancel and no-show fees apply if you do not cancel within the bounds of the cancellation policy for double bookings.

WAITLIST

In the event a scheduled class is booked to capacity, you may place yourself on the waitlist for the class. If you add yourself to a wait list, YOU are solely responsible for managing your bookings and for cancelling your classes within the bounds of the cancellation policy. The system will auto-populate clients into class from the waitlist as soon as other clients with confirmed spots cancel, and class slots will be assigned as such. STARR FIT CLUB, it’s trainer or staff cannot move class slots for clients in classes that are completely full with wait lists.

 

PACKAGE PURCHASES, CREDIT CARD(S) ON FILE, AND AUTO DEBIT

 

PACKAGE PURCHASES

By purchasing a package from STARR FIT CLUB, you agree to the Terms and Conditions in full (see below). Packages cannot be shared between members. Unlimited and auto-debit contract members are required to keep a current credit card on file.

 

Specially priced expiring packages may not be extended, transferred, refunded, shared, or frozen. Packages that expire will activate on the first class either booked OR waitlisted. Placing yourself on a waitlist with an expiring package will activate your package. STARR FIT CLUB, trainer, and staff will not adjust or extend special packages due to waitlisted classes or accidental bookings thorough the acts or omissions of clients. The expiration date set on an expiring package is the date on which the package may no longer be used. Members purchasing expiring packages do so with the understanding of these terms and agree to be bound by such.

 

CREDIT CARD(S) ON FILE

Members may elect to keep a credit card on file using their NASM EDGE application account online. By placing a card on file, the cardholder and account holder gives permission to the trainer, and STARR FIT CLUB staff to charge the card for any auto-debit packages and/or cancellation fees accrued in accordance with the STARR FIT CLUB, cancellation policy detailed above.

AUTO-DEBIT

By enrolling in an auto-debit contract, you authorize STARR FIT CLUB to, on a recurring basis, automatically charge the debit or credit card account you specified, for the monthly payments on your unlimited or monthly auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) STARR FIT CLUB 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. STARR FIT CLUB 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 STARR FIT CLUB 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. STARR FIT CLUB cannot be held responsible for errors in processing due to expired or inaccurate information.

 

AGREEMENT TO PARTICIPATE and ASSUMPTION OF RISK

By signing up for and/or attending PRIVATE TRAINING, small group classes (virtual only), outdoor events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the (“Training” “Classes” and “Facilities”) of STARR FIT CLUB and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in ANY amount of fitness to include but not limited in private training, small group fitness classes (indoor or outdoor) and exercise equipment in association with the training and facility at STARR FIT CLUB . You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the STARR FIT CLUB trainer, and any staff, you would be at physical risk participating in STARR FIT CLUB private or small group training regardless door or outdoor, you understand and agree that you may be denied any private training sessions (even if you have them to use) or access to any small group classes or entering the facility until you furnish STARR FIT CLUB with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing STARR FIT CLUB concerns and stating that STARR FIT CLUB concerns are unfounded.

 

In consideration of being allowed to participate in and access the training, classes and facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the private training sessions, or small group classes (2) release, indemnify, and hold harmless STARR FIT CLUB, its TRAINER, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in any private training, small group classes, or use of the facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of STARR FIT CLUB for private training, small group classes, and facilities (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to NOT participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using STARR FIT CLUB for private training, use of facilities, and should not be participating in any classes.

 

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with my attendance at STARR FIT CLUB (“Claims”). You hereby release, covenant not to sue, discharge, and hold harmless STARR FIT CLUB, its trainer, 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. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of STARR FIT CLUB, its trainer, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any STARR FIT CLUB private training, or class programming. 

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You expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest (if any) You understand that as far as guests are concerned for legal and liability reasons, STARR FIT CLUB does not allow for individual’s to bring guest’s to be present while providing private training or small group classes indoor or outdoor. You further agree that you understand if or when a guest regardless of age enters and becomes present during your private training session or group class we are not responsible for any injuries that may occur as a result of their presence, therefore STARR FIT CLUB is not held responsible for any claims, injuries, actions taken on behalf of the guest, and held harmless including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

 

You agree to be solely responsible for the safety and well-being of yourself and any guests (if or when they are present according to description above). You agree to comply with all rules imposed by STARR FIT CLUB regarding the use of the training, facilities and equipment used. You agree to conduct yourself in a controlled and reasonable manner at all times according to the safety and general operating protocols clearly outlined by STARR FIT CLUB. You also agree to refrain from using any equipment in a manner inconsistent with its intended design and purpose. You understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises, or regarding attendance of outdoor events to include small group classes, and is not liable for any injuries sustained during these events. 

 

PRIVACY POLICY

This Privacy Policy describes how STARR FIT CLUB (“we”, “us”, or “our””trainer”) collects, uses, stores, and shares data obtained from client membership enrollment of users account through our NASM EDGE application on the website for managing your calendar, setting fitness programming and details, and communication during your membership with STARR FIT CLUB (the “Application”).

 

DATA SECURITY 

We take appropriate measures to protect the security and integrity of the data obtained from account users/members of STARR FIT CLUB concerning the NASM EDGE application and account details, but are not responsible for any data breach that may occur from the “Third Party” while using the application and account creation via web through the NASM company and its entities. This includes implementing encryption, access controls, and other industry-standard security measures to prevent unauthorized access, disclosure, alteration, or destruction of the data.

 

THIRD-PARTY SERVICES

The NASM EDGE Application may utilize third-party services or APIs (Application Programming Interfaces) provided by Google or other service providers to facilitate calendar synchronization. Please note that these third-party services may have their own privacy policies and terms of service, and we encourage you to review them before or during the using of the Application.

 

INFORMATION COLLECTION AND DATA SHARING

We do not collect or store any personal data beyond what is necessary for the proper functioning of the NASM EDGE member/user Application. We do not share, sell, or disclose any data obtained from enrollment with STARR FT CLUB or NASM EDGE application unless required by law or as necessary to comply with legal process in the event we are subpoena.

 

CHANGES TO PRIVACY POLICY

We reserve the right to update or change our privacy policy at any time. Any changes to the Privacy Policy will be posted on this page with an updated revision date. It is the responsibility of users to review this Privacy Policy periodically for any changes as we will not be responsible for sending update to our privacy policy to new members, current members, or past members.

 

PHOTO/VIDEO RELEASE

You hereby grant STARR FIT CLUB, its trainer, its representatives, employees, or agents the right to take photographs and video footage of you and your property while at STARR FIT CLUB and to use and publish these photos or videos in print and/or electronically. You agree that STARR FIT CLUB 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. You agree and acknowledge that the facility may be in use of video recording both live and for security purpose at any time during your private training sessions.

 

CONDUCT AND DAMAGES

STARR FIT CLUB 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 STARR FIT CLUB rules and regulations or who abuse equipment in any fashion will be asked to leave. STARR FIT CLUB 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 STARR FIT CLUB 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. STARR FIT CLUB reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by STARR FIT CLUB.   

 

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy constellation the entire agreement between STARR FIT CLUB and YOU in relation to your use of our services, and programming and supersede all prior agreements and understandings. 

 

GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of the State/Country where STARR FIT CLUB is located, and you submit to the non-exclusive jurisdiction of the state and federal courts located in [Your State/Country] for the resolution of any disputes. These terms and conditions for STARR FIT CLUB is designed to protect both the service provider also known as (“The Provider” “The Trainer” “The Coach”) and the Member also known as (“The Member” “The Client” “The Buyer”) of such services and programming under STARR FIT CLUB.

 

CONTACT US

If you have any questions or concerns about our Privacy Policy or our data practices, please contact us at starrfitclub@gmail.com or reach out to us during set business hours at 832-303-9674 with a detailed voicemail, and all contact details including full name, phone and email address. Contacting by phone to business will not legally uphold our policy and procedure but will provide first line of notice in which we will provide information on the necessary and required steps to take for a legally binding and proper form of notice as set forth in this agreement. Our Terms and Conditions was last updated on 01/01/2025 along with our Privacy Policy as set herein in this membership agreement.