|MEMBERSHIP TERMS AND CLUB RULES:
This Agreement is a contract, and it will become legally binding on you when you sign it. Before you sign this agreement read both sides, because the terms on each side are part of this agreement. By signing below, you certify that you have received a completed copy of this contract. In witness whereof, the buyer has set his hand and seal and our organization has caused its name and seal to be affixed by it`s duly authorized representative.
GUEST PRIVILEGES: Members are welcome to bring friends to THE TRAINING CENTER as free guests, as long as the guest is (14) years of age , accompanied by an adult of 18 years of age and (18) years of age or older and the same person is invited no more than once every six (6) months.
TRANSFERRING THIS AGREEMENT: THE TRAINING CENTER can transfer this agreement to an independent financial institution or we may refer it to any company for collection. You, the member, may not sell, assign, or transfer this agreement to anyone.
CHANGES IN THIS AGREEMENT: This is the entire agreement covering your purchase from us. It can only be changed in writing, signed by you and us. (An authorized representative of THE TRAINING CENTER) We can waive or delay enforcing any of our rights under this agreement without losing them.
WAIVER AND RELEASE: You (Buyer, each Member and all guests) agree that if you engage in any physical exercise or activity or use any club facility on the premises, you do so at your own risk. This includes, without limitation, your use of locker room, sauna, parking area, sidewalk, or any equipment in the club facility and your participation in any activity, class program or instruction. You agree that you are voluntarily participating in these activities and using these facilities and premises and assume all risk of injury, illness, damage or loss to you, or your property that might result, including, without limitation, that contraction of any illness or medical condition, or any loss or theft of any personal property. You agree, on behalf of yourself (and your personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge us (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of your use of club facilities and its equipment. You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability.
MEMBER�S RESPONSIBILITY AS TO USE OF CLUB: You (Buyer, each Member and all guests) should consult with your physician before using our services and facilities. You understand and acknowledge that we have no expertise in diagnosing, examining or treating any medical condition. You agree you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of yourself or others, and agree you will use the facilities in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of these medical conditions exist and, if so, whether such condition poses a threat to the health or safety of yourself or others.
MEMBERSHIP RULES AND REGULATIONS: You (Buyer, each Member and all quests) agree to follow all rules and regulations now in force or in the future adopted by us or our affiliated health clubs, including, but not limited to, rules and regulations with regard to hours of operation, use of equipment and facilities, personal hygiene and attire. We reserve the right to revoke or suspend your membership if you or your guests fail to follow any rules and regulations, for reasons of nuisance, disturbance of other members, moral turpitude or fraud, or if we determine that your actions may endanger yourself or other persons. It is prohibited for any Member or guest to conduct, purchase or subscribe to any commercial business activity or solicit any business competitive with that of the health club (including personal trainer services) at any health club without prior, express written consent.
DEFAULT: You will be in default if you haven�t paid us everything you owe as scheduled or if the entire balance of what you owe becomes due and you don�t pay us. You agree to pay any court costs and reasonable lawyer�s fees involved in collecting this agreement to be set by the Court. Any judgment shall bear interest at the highest rate allowed by law. If you don�t make a payment when it is due, we can suspend your membership privileges.
CREDIT VERIFICATION AND REPORTING: You authorize THE TRAINING CENTER or a financial institution of our choice to verify your credit through a credit reporting agency. Your account may be sent to a credit reporting agency.
NON-USE: Even if our facilities and services are not used, you are still responsible for everything you owe under this contract. Membership may be cancelled with 30 day�s written notice upon relocation of permanent residence more than 25 miles from any THE TRAINING CENTER or affiliated club. The member must provide proof of new address, date of relocation and contact information. A $50.00 cancellation processing fee will be charged for relocation cancellation.
ADDITIONAL FEES: You will be charged $10.00 if a payment is not made within 10 days after it is due. In addition, a $39.00 service fee is charged for returned checks, returned credit card transactions, and dishonored EFT transactions.
GOVERNING LAW: This agreement will be governed by the laws of the State of Maryland and of the United States. If any part of the agreement is unenforceable, it will not make any other part unenforceable. The following notice is required by law:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE OF CONSUMER RIGHTS
MEDICAL SUSPENSION: If a member becomes disabled for at least 3 months during the membership term and that disability is confirmed, in writing, by a physician, the consumer has the right to an extension of the contract for the term of the disability, as long as membership payments remain current as scheduled by the terms of this agreement.
BONDED: Our facility is not required to carry a performance bond under the Maryland Health Club Services law since we do not accept more than three months� payment in advance or charge initiation fees over $200.00.
REGISTRATION NUMBER: XXXXX with the Consumer Protection Division.
SUSPENSION: If THE TRAINING CENTER is closed for a month or more, the member is entitled to his choice of either an extension of the agreement or a prorated refund, except if the closing is not the fault of the facility, in which case, the choice of the remedy is the sellers.
CANCELLATION: This agreement may be canceled within 3 business days (Saturdays included) of the receipt of a copy of the contract. Cancellation must be in writing and delivered in person or by certified or registered mail. If the notice of cancellation is sent by certified or registered mail it must be postmarked by midnight on the third business day. If member cancels within 3 business days, they will be entitled to a full refund. If a members is in the middle of a contract, he/she may cancel if account is current and a $75.00 cancellation fee is paid.