TERMS & CONDITIONS
90-DAY SATISFACTION GUARANTEE PROGRAM TERMS & CONDITIONS
This Program is included, as part of Your new Element CrossFit Membership w/3 month commitment.
Subject to the definitions, qualifications, limitations and requirements set forth in the Terms & Conditions, if You ‘return your membership’ between day sixty (61) and day ninety (90) of the Program Period, Element CrossFit Inc. will purchase the membership from You for the Customer Reimbursement amount.
A. Definitions :
Throughout the Terms & Conditions, You and Your refer to the Member. We, Us, and Our refer to Element CrossFit Inc. In addition, when in bold certain words and phrases are defined as follows:
Member means the bottom line signer listed on the Health and Assessment Waiver.
ECF means Element CrossFit Inc. You may contact ECF if You have questions regarding the Terms & Conditions or would like to ‘return’ Your Eligible Membership. ECF can be reached by phone at 905-608-XFIT (9348).
Program Period means a period of ninety (90) days which starts on the Member’s Start Date.
Eligible Membership means a new membership purchased from Element CrossFit Inc. All Personal Training Sessions, Results Camp Sessions, and Event Registrations are not eligible and thus, are not an Eligible Membership.
New Member Consideration means the Member pays a formula driven new member consideration; Formula: # of Private Intro Sessions (min 3) x $50 + applicable taxes = New Member Consideration.
Customer Reimbursement means the Membership Fee less the applicable New Member Consideration. Does not include any other expenses incurred by the Member during the Program Period.
B. In Order for You to Qualify to refund Your Membership:
If a retail customer purchases an eligible Element CrossFit Membership between October 15, 2009 and November 30, 2009, the customer may refund their membership between the 61st and 90th day of ownership.
- You must have purchased Your Eligible Membership between October 15, 2009 and November 30, 2009.
- You must be an individual natural person who is the owner of the Eligible Membership. Businesses, corporations and partnerships do not qualify.
- Your Eligible Membership has been active and averaged 4 or more visits per week since the Start Date.
- You understand and agree that if Your original purchase of Your Eligible Membership included a Discount promotion, ECF will deduct the discount from the customer reimbursement.
- You must be current on all Membership payments (if applicable)
- Only one Eligible Membership may be returned per household
- A minimum of sixty (60) days has passed since the Start Date of Your Eligible Membership.
Provided You have qualified as specified in the Terms & Conditions, You will receive the Customer Reimbursement amount from Element CrossFit Inc. if the Membership refund is claimed in person at Element CrossFit between day sixty-one (61) of the Start Date and day ninety (90) of the Start Date.
C. What is Not Covered Under The Terms & Conditions :
The Terms & Conditions do not apply to and You are not entitled to a Customer Reimbursement if:
- You do not meet all the qualifications contained in the Terms & Conditions;
- You are an employee/intern/current member of ECF
- You are an employee/owner/member of another CrossFit Affiliate
- Your Membership purchase is part of a corporate wellness program
- Your Membership is registered to or paid by a business, corporation, partnership, utility, federal, provincial or local government, or any other organization.
- You die.
D. How to File a Request for Reimbursement:
Contact Element CrossFit and advise them you wish to refund the Membership.
Once You have requested to refund your Membership, an Element CrossFit Representative, along with you, will complete the Membership Refund Worksheet, gather the required supporting documentation and submit the request.
To qualify for the reimbursement of your Eligible Membership, the following required items must be provided to Element CrossFit Inc.
In addition to the fully completed Membership Return Worksheet, You need to provide:
1. A copy of Your current Driver's License verifying You are the Member
2. A workout log book, documenting your workouts over the past 60 days, the sum of which must average out to be at least 3 times per week.
3. Any other documentation that We may reasonably request.
Once received, ECF will review and verify Your documentation and ensure that all of the conditions in Section B have been met.
E. Other Provisions Applicable to the Terms and Conditions :
Misrepresentation and Fraud: The 90-Day Satisfaction Guarantee coverage may be cancelled if You conceal or misrepresent any material fact or circumstance concerning Your Eligible Membership.
Not Transferable: You may not assign or transfer the 90-Day Satisfaction Guarantee coverage at any time. Under the Terms and Conditions, the coverage is not transferable to any subsequent Member or any other person or entity to whom the Membership shown on the Schedule is conveyed by operation of law or otherwise; including, without limitation, through repossession, death, or as a gift.
