Membership Agreement

WAIVER/RELEASE, REQUIRED:  I HEREBY ASSUME THE RISKS OF PARTICIPATING IN ALL EMPIRE TRI CLUB, LLC. (the “Club”) FUNCTIONS OF EVERY KIND. I acknowledge that triathlons and Club events are an extreme test of a persons physical and mental limits and carry with them a potential for death, serious injury and property loss. I certify that I am in good health and I am physically fit; I have had sufficiently trained for participation in such events and have not been advised otherwise by a qualified medial person; and I suffer from no physical impairment with would limit my participation in any Club athletic or social function. I acknowledge that my statements on this Acknowledgement Waiver and Release from Liability (“AWRL”) are being accepted by the Club and are being relied on my USA Triathlon and the Club and its organizers and administrators in permitting me to participate in any organized Club function. In consideration for allowing me to become a Club member and allowing me to participate in organized Club function I hereby irrevocably take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns: a) I AGREE to abide by the Competitive Rules adopted by USA Triathlon, including the Medical Control Rules, as they may be amended from time to time, and I acknowledge that my Club membership may be revoked or suspended for violation of the Competitive Rules; b) I WAVE, RELEASE, AND DISCHARGE from any and all claims or liabilities for death, personal injury, property damage, theft, damages, or loss of any kind, which arise out of or relate to my membership in the Club, my participation in, or my traveling to and from any Club athletic or social function, THE FOLLOWING PERSONS OR ENTITIES: Empire Tri Club, LLC., Club members, Club sponsors, Club attorneys, volunteers, USA Triathlon, and the officers, directors, employees, representatives and agents of any of the above; c) I AGREE NOT TO SUE any of the persons or entities mentioned above for any of the claims or liabilities that I have waived, released or discharged herein; and d) I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the persons or entities mentioned above from all damages, costs, and expenses of any kind including attorney fees that arise from or are related to my membership in the Club, my participation in, or my traveling to and from any Club athletic or social function. By signing below, I hereby authorize the Club to include my name in any marketing materials including newsletters, media kits, advertising and the website. I also grant the Club express permission to use photographs of myself in Club newsletters, the Club website, or promotional materials and for submissions to newspaper articles and to Club sponsors. In the event of any dispute arising hereunder, the same shall be submitted to a Court of competent jurisdiction in New York, and in all events the laws of the State of New York shall govern this agreement.

If I paid for my membership using an installment plan, I acknowledge the cancellation policy detailed below and agree to make all required payments.  Should my credit card become lost or stolen, I agree to inform the Empire Tri Club and update my information immediately.  I understand that failure to make a payment within 10 days past due, will result in a $15 late fee PLUS all past-due payments.  I understand that failure to pay my membership dues will result in an immediate termination of my club membership, and I will be turned to a collections agency for all payments required of me.

Cancellation Policy:  Upon purchasing an Empire Tri Club Monthly Membership, I acknowledge that there is a 12 month minimum, each time I sign up, regardless of whether I have been a member of the club previously.  I acknowledge that after 12 months, I will continue to be billed monthly until I submit written notice of cancellation via email to info@empiretriclub.com.  I acknowledge that my membership will not expire without a WRITTEN cancellation notice, and I will continue to be billed each month accordingly.  I acknowledge that there is a 30 day cancellation period, and I am responsible for paying any outstanding membership dues within this window. I understand that cancellation is not retroactive, and Empire will not reverse or refund a payment which has already been made.  Rejoining the club at a future time does not exclude me from the monthly minimum requirements as defined below:

Cancellation Policy

Athletes who choose to cancel their Memberships are subject to the following conditions.

Annual Members:

Paid in Full:  No refunds will be issued for annual, paid-in-full members.  Credits or exceptions may be issued under extenuating circumstances or with medical notes, but will do so at the discretion of Empire Tri Club management.  Please contact us at info@empiretriclub.com with questions or requests.

Annual Members Paying with a Monthly Installment Plan:

There is a 12-month minimum, after which you can cancel anytime with 30-days notice. Should you wish to cancel your membership, please notify us in writing via email to info@empiretriclub.com.  If you cancel prior to the 12-month mark, Empire reserves the right to automatically charge your account for the outstanding balance owed to meet the 12-month commitment plus a $25 cancellation fee.

Seasonal Members:

Seasonal Members register for the length of the program, herein defined as approximately 6 months or April 1 – October 1 (dates vary slightly based on that year’s calendar). Members who cancel before meeting the 6 month minimum requirement will be automatically charged any balance owed up to $475 plus cancellation fee of $25.  Should you wish to cancel your membership, please notify us in writing via email to info@empiretriclub.com.

Red Tide Swim Membership:

10-Class Card
I understand that a Red Tide Master’s Swim 10-class card is valid for 3-months from the date of purchase.  I understand that I am responsible for brining my receipt/proof of purchase to my first Red Tide Workout, and will be issued a Red Tide 10-pass card. I am responsible for bringing this card (along with an annual USMS membership card) to every Red Tide practice. I understand that the 3-month deadline cannot be extended, and this card is not transferable or refundable.

Monthly Unlimited
I understand that when I sign up for a Red Tide Master’s Swim monthly unlimited membership, I will be charged a pro-rated amount for the first month followed by $69/mo each month from that point forward.  To cancel, submit written notice to info@empiretriclub.com with 30-days notice.  I acknowledge that there is a 30 day cancellation period, and I am responsible for paying any outstanding membership dues within this window.  I understand that cancellation is not retroactive, and Empire will not reverse or refund a payment which has already been made. I understand that this is a monthly add-on only available to athletes with an Empire Tri Club Membership in good standing.

Freeze Policy

Athletes are permitted to freeze their memberships at any time for a maximum of 3 months. There is a one time freeze charge of $10, paid in advance. Members must notify Empire Tri club in writing, by emailing info@empiretriclub.com or by submitting the digital Freeze Form found here.  We will then invoice you accordingly for any fees that apply.  Freeze fee may be waived and/or extended with extenuating circumstances or medical note.

I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND ITS CONTENTS. If the applicant is under eighteen (18) years of age, their parent/guardian must sign this AWRL AND fill out an additional release.

NAME______________________________________ SIGNATURE ________________________________________ DATE ____________________