MEMBERSHIP FREEZE POLICY: If you have a term membership (ie.12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from 30 to 90 days at a time. We may ask for documentation to verify your situation. freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the CLUB, the freeze will terminate. Time of any freeze will be credited to the end of your membership's original term.
MAINTENANCE OF FACILITIES: The CLUB may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The CLUB reserves the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month's membership dues. If a Facility Maintenance Charge is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due dale. You authorize the Designated Billing Company to automatically draft this amount along with your regular membership dues.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all CLUB policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other Members with courtesy. (2) MEMBER agrees 10 pay monthly dues on time, including notifying the CLUB promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
1. A buyer may cancel a contract for the use of facilities or other services from a health club within 3 business days after signing of the contract by notifying the club in writing. The notice must be delivered in person or by mail postmarked by midnight of the third business day. The club shall return all money paid by the buyer Within 15 days after it receives the notice of cancellation.
2. If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the health club that:
a. The buyer is not physically able to use the facilities of the club; and
b. The disability will continue for more than 3 months. The buyer is entitled to suspend the contract for the duration of the disability. After he recovers, he is entitled to an extension of the contract for a period equal to the time of the disability. If he is permanently disabled, he may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.
3. If a health club is closed for more than 1 month, through no fault of the buyer, he is entitled to;
a. Extend the contract for a period equal to the time the club is closed; or
b. Receive a refund pro rata of the amount paid pursuant to the contract.
c. If the health club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the club. If the club is closed because of the fault of its owner or management, the election must be made by the buyer.
4. If a health club transfers its obligations to provide goods or services to a buyer to another club that provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure of the goods and services provided by the new club. If the buyer does not consent, his contract is rescinded and he must be given a refund pro rata upon the amount of time he was a member of the health club.
5. If a health club moves its place of business that is geographically closest to the residence of the buyer as set forth in the contract, more than 20 miles farther away from the residence of the buyer than it was when the contract for services was signed, the buyer may rescind the contract and the health club shall provide a refund pro rata based upon the amount of time he was a member.
6. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, Send or deliver a written notice to the designated Club.
Summary OF Membership Policies
1. MEMBER, by executing this Agreement does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER Is entitled to use the facility only and MEMBER shall be required to provide MEMBER's own athletic equipment and clothes.
2. MEMBER must present upon entering the CLUB his/her membership card. MEMBER agrees that MEMBER may be denied access to the CLUB without his/her membership card.
3. MEMBER agrees to abide by all membership regulations of the CLUB. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the CLUB's facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the CLUB becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER's membership privileges for the period the facilities were unavailable.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER's right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER's membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.
5. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
6. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets, Flip-flops or bare feet are not allowed in the CLUB.
7. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault or harass other CLUB MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER's membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
9. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
10. Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this CLUB is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney's fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14. MEMBER authorizes the CLUB, Designated Billing Company to contact them by e-mail or telephone.
15. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the CLUB from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the CLUB or at the CLUB's website.
16. If MEMBER loses access card, member can replace card for a fee of $5.
This facility is under 24-hour recorded video surveillance which may be retained by the CLUB for subsequent review, and MEMBER access card usage is logged.
MEMBER may not bring in guests at any time without the prior written consent of the facility staff. Furthermore if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy,
MEMBERs who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.
Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB. Regardless, all payments for personal training services are to be made to the CLUB, who will pay the trainers as the services are provided.
MEMBER has access to a free orientation to the facility and the proper use of all equipment. It is the MEMBER's responsibility to request this orientation.
It is MEMBER's responsibility to wipe down all equipment after each use and re-rack the weights they use.
MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
Each MEMBER is responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER's membership, and the balance of the contract being declared due and payable in full immediately.
Cell phones are not permitted in the cardio area. Photography and/or videographer are not allowed anywhere in the CLUB.
Age Requirements - Persons under the age of 12 are not permitted in the CLUB. MEMBERs age 12 - 15 are only permitted in the CLUB under the direct supervision of a parent or legal guardian: MEMBERs age 16 � 17 are permitted in the CLUB unsupervised with the written consent of a parent or legal guardian