Cancellation of Membership by Member.
Cancellation of Classes. Individual classes may be cancelled only as detailed herein.
Recission Period. Memberships agreed to by Member may be cancelled any time within five (5) days of signing this Agreement. In order to cancel within the five (5) days of signing this Agreement, Member must give written notice to Capacity sent via certified mail or via email from an email address on file with Capacity.
Cancellation Rights. After the five-day recession period expires, Member may only cancel this Agreement if Member qualifies as follows:
Member Becomes Disabled or Dies. If Member dies or becomes disabled after signing the Agreement and is unable to receive all services for which he/she contracted, then he/she or the estate may cancel this Agreement without penalty and receive a pro rata refund, when applicable. A “disability” shall mean a condition which precludes Member from physically using the facilities and it must be verified by a qualified physician in writing. Capacity shall retain the value for services already provided prior to Member’s death or the onset of disability.
Capacity Closes. If Capacity eliminates its facilities and is no longer offering its services at a reasonably similar location/facility, then Member may cancel this Agreement without penalty and receive a pro rata refund, when applicable. Member may not cancel this Agreement if Capacity temporarily takes its facilities out of operation for reasonable repairs, cleaning, maintenance, modifications, substitutions, improvements or due to government or state mandates. Member cannot cancel under this provision due to changes to the type of quantity of classes or equipment offered, which changes are expressly permitted.
Termination of Packages. If Member does not qualify for cancellation or recision as detailed above, then he/she cannot terminate the package without providing fifteen (15) business days notice and cannot receive any type of refund. Notice of cancellation must be given using the capacityfit.com website and completing the Cancellation form therein. In order to avoid a subsequent membership charge, Member shall contact a Capacity staff member at least fifteen (15) business days before the term ends.
Outstanding Payments. If, at the time of receipt of the cancellation notice, Member has outstanding payments owed to Capacity, these payments must be made in full in order for the Membership Agreement to be considered cancelled. If Member fails to pay outstanding amounts owed, the membership will be considered suspended, the Membership Agreement will not be cancelled, and Capacity reserves the right to pursue additional avenues or means to receive monies owed.
Refunds. Members who properly rescind or cancel under the terms of this Agreement will be issued a refund, less any services received, within the time period permitted by Maryland law. Capacity has no obligation to issue a refund on classes or services already used.
Notice. All notices under the Agreement may be delivered in person to or sent via certified mail to Capacity, LLC, 1000 Key Highway E #4, Baltimore, Maryland 21230.