Rise terms & Conditions
overview
Billing
- The member will be billed the agreed contract amount on their contract initiation day of each month regardless of usage rate.
- The member authorizes to have their card or account on file.
- Auto-renewal policy: Once a membership’s initial membership period expires, a Member’s membership contract will automatically renew for the same duration.
- To avoid the contract from automatically renewing, all memberships must be canceled by the member via website or by emailing Marcus Ellison at marcuse@ultimatefieldhouse.com before your monthly renewal date.
- No refunds will be given after a contract automatically renews for a month.
- Ultimate Fieldhouse does not offer refunds. By agreeing to this policy, you acknowledge and accept that no refunds can be provided for non-usage or lack of cancellation by the member.
- A membership is subject to termination at the sole discretion of Ultimate Fieldhouse for any reason at any time. If Ultimate Fieldhouse terminates any membership without cause, any prepaid, but unused fees will be reimbursed to Member.
- Discounts given are based on the total monthly price of the membership. If the membership price increases, the discount will be taken from the new price.
Suspending/Cancelling
- Cancellations or suspensions cannot be accommodated by Ultimate Fieldhouse or Ultimate Fieldhouse staff in-person, phone call, or text message. Members can only cancel or suspend their membership online or by emailing Marcus Ellison at marcuse@ultimatefieldhouse.com
- Member(s) can be suspended up to two calendar months, with a suspension fee of $10 billed automatically per month.
- Cancellations can be done up to 30 days prior to the contract renewal date.
- In the event of a multi-month commitment early cancellation (member cancelling before they have fulfilled the length of the signed contract) the member(s) must contact Marcus Ellison at marcuse@ultimatefieldhouse.com. Early cancellation fees may apply.
Late Cancellation/No Show Fees
- Ultimate Fieldhouse enforces a 2-hour workout no show cancellation and late-cancel policy.
- Participants’ accounts will be charged for any pre-booked sessions that are 'Late Canceled' or are a 'No Show'
- Late cancelled sessions will incur a $20 penalty while no show sessions will incur a $50 penalty (unlimited only)
I authorize Ultimate Fieldhouse to automatically charge my card on file on my contract origination day of each calendar month for my membership and to also charge it automatically for suspending my account, early termination, or other fees as they are incurred.
General
- Members acknowledge that a facility may experience increased attendance at various times during the year and at peak periods during the day. Members agree that Ultimate Fieldhouse has no liability if a Member encounters overcrowding during the term of their membership.
- Neither Ultimate Fieldhouse, nor its employees, will be responsible for lost or stolen articles of any kind or type in the facility. Any property found by Ultimate Fieldhouse will be held by Ultimate Fieldhouse at Member’s sole risk for a period of 48 hours, after which Ultimate Fieldhouse may dispose of such property in its sole discretion.
- All subscription and single session rates, perks, and other details associated with Ultimate Fieldhouse are subject to change with little to no notice at the discretion of Ultimate Fieldhouse.
- Any damage done to Ultimate Fieldhouse facility, equipment or property will be paid for by any Member who negligently or willfully causes such damage. Members are responsible for damage caused by dependent children and guests.
- Tobacco, Cannabis, Alcohol or similar products or usage in any form is not permitted in any area of a Ultimate Fieldhouse facility.
- While Member is at the Ultimate Fieldhouse facility, the Member must refrain from using loud, abusive, offensive, harmful, or slanderous language. Member must also refrain from unwanted touching, badgering, harassing, or soliciting other users of the facility or employees of Ultimate Fieldhouse. Physical, verbal or intentional emotional distress or abuse from any one Member to any other user of the facility or any employee, may, as determined in Ultimate Fieldhouse absolute discretion, result in immediate termination or suspension of such Member’s membership.
- Violations of any of these terms and conditions or any other Ultimate Fieldhouse policies by a Member or persons in their family or guests, as determined by the absolute discretion of Ultimate Fieldhouse management, will subject the Member to termination of their membership or a suspension of membership privileges for a period to be determined by Ultimate Fieldhouse.
- Membership does not confer or include any interest or ownership in the facilities or assets of Ultimate Fieldhouse. Membership grants no right to govern or control the affairs of Ultimate Fieldhouse, facilities, or activities. Notice of new policies is not required for Ultimate Fieldhouse’s policies and procedures to be binding and they will be binding upon posting on Ultimate Fieldhouse’s website.
- Parents/Guardians who are not members of Ultimate Fieldhouse will be allowed to enter Ultimate Fieldhouse to pick up their children after they have completed an activity. Parents/guardians are allowed to observe their children’s workouts in designated viewing areas. Parents/guardians however, are not allowed to use any of Ultimate Fieldhouse’s training areas or equipment while they are in the building or participate in practices or other activities their child is participating in, unless permission is given from a Ultimate Fieldhouse employee.
- Member gives unconditional permission to Ultimate Fieldhouse to photograph me and/or my child(ren) and/or my guests, and to use the photographs to publicize Ultimate Fieldhouse and its programs and activities in newsletters, brochures, program guides, advertisements and for other similar purposes.
Membership Information
- A membership is for one person and does not include spouse, siblings, or children. Member may use up to the number of sessions included in the membership, based on the level of membership. It is up to the Member to use Member’s workouts during each month during the facilities’ business hours. There are no refunds for unused workouts or if the time slots available are not suitable or desired by Member.
- The one-time initiation fee is non-refundable.
- Memberships are non-transferable.
- After the minimum contract terms have been met, your membership will automatically renew for additional monthly periods and you will be obligated to pay your monthly dues, regardless of facility usage. Non-usage or fulfillment of the minimum contract terms does not exclude Member from monthly dues payments where Member hasn’t cancelled the Ultimate Fieldhouse membership.
- Early cancellations (defined as a Member cancelling before Member has fulfilled the length of the signed contract) must contact Marcus Ellison at marcuse@ultimatefieldhouse.come to cancel the contract. In such case, an Early Cancellation Fee will be applied to the Member’s account.
- If Member discontinues Member’s membership and later decides to re-join, such Member will still be required to pay another full Initiation Fee. However, a membership may be suspended for medical reasons, hardship, or other circumstances, each of which will require a written confirmation of the reason for the suspension. Whether the basis for suspension is sufficient is subject to determination by Ultimate Fieldhouse.
- If Member desires to suspend Member’s membership, Member may suspend the membership by emailing Marcus Ellison at marcuse@ultimatefieldhouse.com. While the membership is suspended, Member may use the facility at the then current drop-in rate. Memberships can be suspended for a total of two months in a calendar year.
- Suspended memberships are automatically resumed on the day of the current month in line with when the contract was initiated following the suspension end period.
- If Member suspends the membership during the period where the initial contract length has not been met, the contract length is extended for the length of the suspension.
- If Member suspends or cancels the membership, Member is allowed the full membership usage and privileges of the facility for the remainder of that month for which they have paid the full monthly membership amount.
- If Member desires to change the terms of Member’s membership, Member may do so by contacting Marcus Ellison at marcuse@ultimatefieldhouse.com and sign a new membership agreement.
- If An upgrade in a membership is made in the middle of the billing cycle, the old contract will be dissolved and a new contract will begin with the new terms and the increased price will be charged.
- If a downgrade in a membership is made in the middle of the billing cycle, no refund will be made. The member will keep their previous package until the new billing cycle.
- All memberships are non-transferable and intended for the sole use of the individual member whose name appears on the account. Memberships cannot be split, shared, or transferred to family members, parents, friends, or any other individuals. Each membership is exclusive to the account holder and cannot be used by anyone other than the designated member. Any attempts to share or misuse memberships will result in immediate suspension or termination of the membership privileges without refund.
- Non-Members who wish to use a facility must pay the facility’s then-current drop-in rate and must abide by all policies applicable to that facility, including all policies governing conduct and access.
Membership Accounts
- To remain a Member and retain the privileges of the type of membership Member has selected, all fees due under this agreement must be paid in accordance with their due dates. Facility dues are payable monthly in advance, run continuously, and provide privileges for one month at a time.
- Monthly dues are drafted from all accounts on their contract origination date of each month. If Ultimate Fieldhouse receives closed account, stop payment, or insufficient fund returns for a member’s monthly dues, Member’s membership privileges will be suspended until the monthly payment is received and/or new payment information is provided.
- If no payment has been received after 30 days, membership privileges will be suspended and the membership may be cancelled at Ultimate Fieldhouse’s sole discretion.
Facility Reservations and Usage
- Reservations may only be made in person, by telephone during normal business hours, by mobile application, or on Ultimate Fieldhouse’s website.
- No black-soled shoes, spiked high heels or shoes with soles that may mar the court surface may be worn on any courts. Proper etiquette is to be observed at all times. This includes relinquishing courts on schedule. Violators will be asked to leave without refund.
- Appropriate clothing, including shirts and shoes, must be worn at all times.
- No outside food or drink allowed, with the exception of water being allowed in designated areas.
- It is recommended that users obtain a general fitness assessment before beginning the workout programs.
Risk of Use of Facilities
- Member acknowledges that the activities at Ultimate Fieldhouse involve strenuous physical activity and may expose the Member to certain risks which include (without limitation):
- Member may be injured, physically or mentally, or may die
- Other persons participating in such activity may cause me injury or may damage my property
- Member may cause injury to other persons or damage their property
- The conditions in which the activity is conducted may vary without warning
- There may be no or inadequate facilities for treatment or transport of me if I am injured
- I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
Member is solely responsible for determining if Member is physically fit and/or skilled for the activities in the facility. Member is also solely responsible for determining if Member needs personal protective equipment to participate activities in the facility. It is always advisable, especially if Member is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any high risk physical activity.
Member acknowledges and agrees as follows:
- MEMBER, ON BEHALF OF MEMBER AND MEMBER’S ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Ultimate Fieldhouse AND OTHER OPERATORS, FRANCHISEES, ADMINISTRATORS, VENDORS OR PROVIDERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES (INCLUDING, WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES), LOSSES, EXPENSES AND LIABILITIES, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY), RELATING TO ANY CLAIM MEMBER MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, FINANCIAL OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY MEMBER OR ANY THIRD PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH, YOUR PARTICIPATION IN THE FACILITY, ANY USE BY Ultimate Fieldhouse OF FEEDBACK YOU PROVIDE, YOUR PUBLICITY RIGHTS, OR IN CONNECTION WITH YOUR ACCEPTANCE, USE OF, MISUSE OF, AND/OR INABILITY TO USE ANY MATERIALS OR TRAINING PROVIDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). YOU UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT YOU AND YOUR SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE
General
- This Agreement will be for the benefit of each of the parties’ successors and assigns. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. Member acknowledges that Member will not be entitled to any injunctive or other equitable relief in connection with your participation at the facility. ****Nothing in this agreement will create a joint venture, agency, or other formal business relationship of any kind.
- This Agreement is governed in all respects by the laws of the United States of America and by the laws of the facility’s state and local governments with regard to the principles of conflicts of laws thereof. Any litigation arising out of this Agreement must be brought in the federal or state courts located in the county and state in which the non-filing party is headquartered or reside. Each of the parties irrevocably consents to the personal jurisdiction of the federal and state courts located in such courts.
- If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.
- No term or provision hereof will be considered waived by Ultimate Fieldhouse, and no breach excused by Ultimate Fieldhouse, unless such waiver or consent is in writing signed by Ultimate Fieldhouse. The waiver by Ultimate Fieldhouse of, or consent by Ultimate Fieldhouse to, a breach of any provision of this Agreement by Member, will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by Member. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the parties in writin