AUTHORIZATION OF EFT CHARGES: I authorize recurring amounts owed by me to Flex-Fit Gyms, LLC, (the "CLUB") under this Agreement (monthly dues, fees for optional amenities, annual fee, unpaid past charges, and any other fees, taxes or charges ("Amounts") to be paid from my bank account (or any successor bank account) indicated below and my signature below signifies my consent and agreement to such recurring charges ("EFT Charges"): I agree to pay this Recurring Monthly Fee on the start date above, and monthly thereafter until cancellation of my membership becomes effective.
(There is a $5.00 per month service charge for credit card / debit card billing. There is no monthly service charge for ACH bank account billing.)
I understand that EFT Charges to my account will be made on the billing start date shown under "Member Registration" above, but that Club, upon written notice, may change the date that EFT Charges are made. My authorization for EFT Charges will remain in effect until I cancel or change it by (i) mailing by certified mail a signed and dated written request to P.O Box 3163, Visalia Ca 93278 (ii) delivering it to my Home Club during the hours of 9:00 a.m. - 6:00 p.m., Monday through Friday, at least 60 days before the date EFT Charges are normally made to my account. If my EFT billing information on file becomes invalid for any reason or if I cancel my authorization for EFT Charges, I understand and agree to a statement charge of $10 per month. I agree and understand my membership due date and that if my payment is not successfully drafted I will be subject to a $10 Late Fee and will be added to my membership on the 5th day of non payment.
My Authorization for EFT Charges will be cancelled effective on the date that my membership terminates pursuant to Section 3 of this Agreement. Even after termination, I authorize the Club to make EFT Charges to my account for any Amounts incurred prior to the termination of my membership. If my bank account is closed, I agree to notify the Club promptly with regard to my new account. I agree to pay a service fee of up to $25 for any EFT Charge not honored by my bank and $25 if any payment is returned or declined. I agree that the expiration or cancellation of my credit card, the closing or termination of my bank/debit card account, or the cancellation of my Auto Pay does not cancel my membership, and will affect the amount of my monthly fees and charges as set forth above. If any payment is marked as a Chargeback, I agree to pay the chargeback fee of up to $39 per item returned.
5 DAY CANCELLATION RIGHT: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH BUSINESS DAY OF THE HEALTH STUDIO AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL A CERTIFIED LETTER OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO: FLEX FIT GYMS ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278.
Subject to your cancellation rights herein, the minimum term of this Agreement is One (1) Month, and your membership is automatically renewed on a month to month basis at the end of the initial obligation term indicated above.
MONTH TO MONTH MEMBERSHIPS: You Can Cancel this agreement with a 30-day written notice, after the Initial One (1) Month Term of Membership is Completed. You the member can submit this request in person by signing the electronic cancellation request form Monday-Friday 9am-6pm with a Manager or by Mailing a Certified Letter to FLEX FIT GYMS, ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278. In order to make the cancellation effective you must pay any unpaid balances, including any missed payments, late fees, return or chargeback fees, annual fees, or Last month dues that are due in the last 30 days from the date the notice is properly received as indicated above.
PAID IN FULL MEMBERSHIPS (PIF): If this is a (PIF) Paid In Full Membership, this is a non refundable, non cancellable, non transferable Paid In Full Membership that will expire on the indicated date above.
12 MONTH TERM MEMBERSHIPS: You Can Cancel this agreement with a 30-day written notice, after the Initial Twelve (12) Month Term of Membership is Completed. You the member can submit this request in person by signing the electronic cancellation request form Monday-Friday 9am-6pm with a Manager or by Mailing a Certified Letter to FLEX FIT GYMS, ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278. In order to make the cancellation effective you must pay any unpaid balances, including any missed payments, late fees, return or chargeback fees, annual fees, or Last month dues that are due in the last 30 days from the date the notice is properly received as indicated above.
1. AGREEMENT. You and the Club agree that by your signing this Agreement, you acknowledge and agree that you have read this Agreement, that you agree to all the terms on all pages of this Agreement (and the Waiver), that you have received a copy of this Agreement (and the Waiver), and that you consent to your use of an electronic signature to sign this Agreement. You also acknowledge receipt of, and agree to follow, the Club`s membership policies, rules and regulations ("Rules and Regulations") governing use of the Club, its equipment and facilities and participation in the Club programs and services, which Rules and Regulations may be changed from time to time by the Club at its sole discretion. You are entitled to utilize the facilities and services of the Club described in this Agreement until the effective date of the termination of this Agreement. This Agreement constitutes the entire agreement between you and the Club. You acknowledge that there are no collateral agreements, promises, representations or guarantees, oral or otherwise, not stated in this Agreement except for a separate personal training agreement, if applicable. This Agreement replaces any prior agreements, promises or representations between you and the Club, whether written or oral, that deal with the subject matter of this Agreement. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. The Club may assign or transfer your membership in its sole discretion.
2. HOURS OF ACCESS, SERVICES, FACILITIES. Your membership entitles you to access to the Club during regular Club hours as posted at the Club. The Club may alter the hours of access or provide limited hours for any classes, equipment, and/or optional amenities in its sole discretion. Your membership includes access to the facility indicated on page 1 including use of cardio and free weight equipment at that facility.
If page 1 shows that you have a FIT LIMITED membership, then your membership includes access to cardio and free weights during regular hours. You acknowledge and agree that the Club may charge extra fees for your use of an affiliated Club or for optional amenities and increase the fees for optional amenities.
If page 1 shows that you have a FLEX membership then your membership includes (all subject to availability at each location) cardio and free weights, Tanning, Hydro Massage, and access during regular hours.
If page 1 shows that you have a FLEX PLUS membership, then your membership includes (all subject to availability at each location) Cardio and free weights, Tanning, Hydro Massage and Buddy Privileges.
If you have a POS-FLEX FIT CAMP membership, then your membership includes (all subject to availability at each location) all of Flex Plus amenities, plus: Unlimited Group Training, dot Fit nutrition program and monthly reprograms. Your membership does not include personal training (except for one free introductory session) which is an optional service governed by a separate agreement. The Club may offer other optional services for a separate fee.
3. CANCELLATION OF YOUR MEMBERSHIP.
(A) 5 Day Cancellation: Your right to cancel this Agreement within 5 days is set forth on page 1 above your signature. If you timely cancel your membership within such 5 day period, the Club will refund all money you paid including your enrollment fee, if any.
ADDITIONAL SERVICE TERMS; POS PT ADD ON:
(B) Paid In Full Membership Terms (PIF): This is a non refundable, non transferable Paid In Full Membership that will expire on the indicated date above.
(C) Move Out Of Area: Your move must be more than 25 miles from the Club location and the Club must be unable to transfer your membership to a comparable facility within 25 miles of your new residence. You must provide written evidence of your move.
(D) Death or Disability: In case of death, your estate must provide written evidence. In case of disability, you must prove such disability by a doctor`s certificate.
(E) Regular Month To Month Membership Cancellations: You the member can Cancel this agreement with a 30-day written notice, after the Initial One (1) Month Term of Membership is Completed. You the member can submit this request in person by signing the electronic cancellation request form Monday-Friday 9am-6pm with a Manager or by Mailing a Certified Letter to FLEX FIT GYMS, ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278. In order to make the cancellation effective you must pay any unpaid balances, including any missed payments, late fees, return or chargeback fees, annual fees, or Last month dues that are due in the last 30 days from the date the notice is properly received as indicated above.
(F) 12 Month Term Cancellations: You Can Cancel this agreement with a 30-day written notice, after the Initial Twelve (12) Month Term of Membership is Completed. You the member can submit this request in person by signing the electronic cancellation request form Monday-Friday 9am-6pm with a Manager or by Mailing a Certified Letter to FLEX FIT GYMS, ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278. In order to make the cancellation effective you must pay any unpaid balances, including any missed payments, late fees, return or chargeback fees, annual fees, or Last month dues that are due in the last 30 days from the date the notice is properly received as indicated above. If this agreements is a PIF agreement no cancellation is necessary, the agreement will expire at the end of the initial term indicated above.
(G) Cancellation By Club: The Club reserves the right at any time to cancel and/or suspend your membership or any of your membership privileges for (i) failure to comply with any of the Club`s Rules and Regulations, (ii) any conduct the Club determines to be improper or in any way harmful to the best interests of the Club or other members, (iii) any payment due under this Agreement is late, or (iv) any other reason not prohibited by law. Termination of your membership in such cases is effective on the date the Club mails a written notice of termination to you at your last address shown on the records of the Club. You will remain liable for financial obligations incurred by you prior to termination. The Club will refund any unused dues that you have already paid for the billing period in which such notification is mailed to you.
4. MEMBERSHIP FREEZE. Your Membership with the Club may be frozen either (i) due to medical emergency, or (ii) with the consent of the Club. To request a temporary freeze of your membership, you must make a written request which states the reason for the freeze, the requested start and ending date of the freeze and if due to a medical reason, a doctor`s written note. The freeze request must be (a) mailed by certified mail to FLEX FIT GYMS, ATTN: MEMBER SERVICES, PO BOX 3163, VISALIA, CA 93278 or (b) delivered to your Home Club during the hours of 9:00 a.m.- 6:00 p.m., Monday through Friday. The Club will notify you if the freeze request has been approved including the start and end date of any approved freeze. The freeze start date will be at least 30 days after the request is received and must be for a period of 60 days or longer. Your membership must be in good standing and you must be current on your monthly dues as of the date of the freeze request. The annual fee, late fees and decline fees will still assess and bill to your membership account as scheduled. The Club will not bill you for the monthly dues during the approved freeze period.
5. MEMBER RESPONSIBILITY. The Club encourages you to obtain a physical check up from your doctor or health care practitioner prior to engaging in physical activities including use of the Club and participation in classes or group exercises. You acknowledge and agree that neither the Club nor any of its personnel have provided you with medical advice and further warrant to the Club that by use of the Club facilities or participation of classes you have no medical condition which would prevent you from such use or participation. You agree to be responsible for any and all damages caused by you to the Club premises or equipment. You agree to be solely responsible for your personal effects or property within or surrounding the Club and the Club shall have no liability for any loss, damage or theft of any such property. You understand that the Agreement entitles but does not require you to use the Club. You are responsible for the obligations, fees and charges, including the monthly dues, regardless of whether you regularly attend and utilize the Club facilities, and your failure to use the Club does not relieve you of your obligations, regardless of the circumstances, to pay the fees and charges, including the monthly dues.
6. FACILITY AND PROGRAM MODIFICATION. The Club expressly reserves the right to add to, eliminate, or alter any program, class, equipment, furniture, fixtures or any optional amenity in its sole discretion. In the event the Club permanently closes the Member`s Home Club, as indicated on the top of page 1, the Club reserves the right to transfer the Member`s membership to an alternative facility, whether controlled by the Club or by another health club provider, provided the alternative facility is within a ten mile radius from the Home Club. In the event of transfer to such an alternative facility, this Agreement will continue. If there is no transfer to such an alternative facility, then the membership will terminate on the date of the Home Club`s closure.
7. FACILITY MAINTENANCE. The Club regularly closes its facilities or portions of its facilities on a temporary basis for maintenance, repairs, upgrades, selected holidays or other reasons, and such temporary closures will have no effect on this Agreement so long as such temporary closures are reasonable. If your Home Club is temporarily closed, whether foreseen or unforeseen, you will not be entitled to a refund or to a dues credit. If your Home Club is closed for more than 30 consecutive days, then the Club will appropriately adjust your monthly dues but only if there is no other facility to which you have access within 10 miles of your Home Club. If your Home Club closes because it is sold, the Club may assign your membership to the new owner.
8. NEW FACILITIES. Performance of the agreed upon services (access to the work-out facility) under this Agreement shall begin within six months after the date of this Agreement. If the new Home Club facility does not open within six months, you may cancel the Agreement until up to 10 days after the first day when the new Home Club is opened, unless the Club provides you with access to other Club facilities within 10 miles of the new Home Club facility within six months of the date of the Agreement and then continues to provide you that access up until the time when access to the new Home Club is provided to you.
9. COMMUNCIATIONS. By signing, member or guest hereby consents to being contacted by Flex-Fit Gyms LLC by way of automated and pre-recorded telephone calls, text messaging and/or emails at the telephone number(s) member or guest has provided. Member or Guest understands that by providing this consent member or guest may receive future telephone calls, text messages and/or emails from Flex-Fit Gyms LLC that deliver prerecorded message to member or guest about the membership or other information or offers provided by Flex-Fit Gyms LLC. Member or guest understands that consent to receiving such calls, text messages and/or emails is not required as a condition to becoming a member or guest, and this consent if given, does not terminate upon expiration of membership
10. PHOTOGRAPHS & VIDEO RECORDINGS: From time to time, Club may publish photographs or videos of Members participating in services or the Members results from the Services (collectively, "Member Photos & Videos") for advertising purposes on printed materials, social media, and television. Member hereby surrenders all rights with respect to the Member Photos & Videos and consents to such publication, excepts with respect to such Member Photos & Videos that Member specifically advises Club, in writing, that Member wishes not to be published; provided, that Club shall have not less than thirty days from the date of receipt of such notice to remove any such Member Photos or Videos from any future publication, without any liability whatsoever to the Club.
11. MINORS. Any Member who is under the age of 18 must have a parent or legal guardian co-sign and guarantee this Agreement. The parent or legal guardian, along with the Member, agrees to be bound by all the terms and conditions of the Agreement.
12. BUDDY PRIVILEGES. If you are entitled to buddy privileges, your guests must:
(i) be at least 18 years old
(ii) present local identification confirming residence within 25 miles of the Club
(iii) sign the Waiver, Hold Harmless and Release of Liability form
(iv) pay a guest fee before using the Club facilities.
(vi) must arrive and leave with you, the member who has buddy privileges.
The Club may restrict the number of guests, the number of guest visits and the times you may bring guests. Guest Can Use the Club up to 8 times per month, and will only be granted Fit Limited Access, Cardio, Circuit and Free Weights and must be with you the member at all times. Flex Fit Gyms, LLC reserves the right to discontinue any guest privileges in its sole and absolute discretion.
13. GUEST PASSES - All guests must present a valid guest pass and state issued photo identification to access the facilities. All guests must be at least 18 years of age. A guest fee may be required. Guests who do not present a valid guest pass or guests who are from out of town will be assessed a ten dollar fee ($10) up to fifteen dollar fee ($15) for use of facilities (Guest fee may be applied to membership purchase if enrolled the day the fee is paid).
14. CLEANLINESS AND CLOTHING - Close-toed shoes and suitable, presentable and clean clothing in good repair is to be worn by member at member`s own expense. Members wearing clothing deemed inappropriate by management may be asked to leave the facilities.
15. CONDUCT Harassment, negative attitudes, foul language, threats, fights, or disruptive or threatening conduct will not be tolerated and will be grounds for suspension or revocation of membership. Other reasonable rules and regulations may be enforced at managements discretion.
16. SOLICITATION - No unauthorized business may be conducted or solicited on the premises. Unauthorized solicitation or business activity will subject user and member to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.
17. COURTESY - To promote safety and more time efficient exercise programs, remember to return all plates, dumbbells and barbells to designated racks. YOU MUST RE-RACK YOUR WEIGHTS. Dropping weights, not re-racking weights, not cleaning equipment after use, and generally displaying poor care for the facilities will subject member and users to revocation of membership without refund. During high-traffic workout hours, be sure to encourage members to work in with you between sets during your rest period.
18. OTHER POSTED RULES - Reasonable rules and regulations may be posted from time to time regarding the health, protection, or safety of members and all Membership Agreements shall be subject to strict compliance therewith. Additional rules for the protection of members and the facilities may be added at any time.
KIDZONE MEMBERSHIP RULES:
1. Children must be at least 6 Months old, and no older than 12 years of age. Maximum stay of two hours per day. NO EXCEPTIONS.
2. All KidZone fees must be paid in advance.
3. Please label your child`s bag. The Club does not provide these items and does not accept responsibility for any loss or stolen items.
4. No personal toys may be brought into the KidZone.
5. The Club staff will not be able to accept children manifesting any illness or showing signs of sickness for the protection of other children in our care. NO EXCEPTIONS.
6. The Club staff cannot administer medication, whether prescription or over-the-counter, to any children. NO EXCEPTIONS.
7. Only parents or legal guardians listed above may leave their own children at the KidZone. The same parent or legal guardian must sign-in and sign-out their children from the KidZone.
8. No children will be admitted without being accompanied by a parent or legal guardian.
9. Parent or legal guardian must be on the premise at all times. The parent may not leave the facilities for any reason while the child is in the KidZone.
10. Children are not permitted in any area other than the KidZone.
11. Good behavior is required. No hitting, biting, spitting, or rough play will be permitted. The KidZone is a special privilege for Club Members only and may be terminated and revoked by the Club in its sole discretion, which termination shall not affect or terminate the other portions of the Agreement.
The Term of the PAID IN FULL (PIF) personal training sessions indicated above shall commence on the date this agreement is signed and will continue until the expiration of the sessions purchased. ("Initial Term") My Paid In Full Personal Training Services will remain in effect until the expiration of the sessions purchased. This Service Agreement is not cancelable, Non Refundable except as expressed in this Agreement including, with-out limitation, by reason of Members failure to utilize the facilities of Club or Services.
The Club will make every attempt to accommodate reasonable requests (such as the gender or age of the trainer, appointment time, etc.) regarding the use of Fitness Services, but will not be held liable for any failure or inability to accommodate such requests, and no such failure or inability shall affect the terms of this Agreement. The Club cannot guarantee that Member will work with a specific trainer throughout the term of this Agreement. All appointment cancellations must be made at least twenty-four (24) hours prior to the scheduled appointment time, otherwise the Member appointment will be considered a "no show". In the event the Member "no shows" for his/her scheduled session, Member will be charged for that session. All training sessions (regardless of the number of the number of sessions purchased), must be completed by a Member within ninety (90) days from the date those sessions were purchased.