Name: {name} Birth Date: {dob} Gender:
Address: {address}
Phone: {phone}
In Case of Emergency Call: {contact_relation} - {contact_name} - {contact_phone}
CANCELLATION POLICIES
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Buyer may cancel this contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract’s term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract’s making or, if appropriate, by the number of occasions that health studio services have been rendered.
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Buyer may cancel contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term.
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Buyer or Member/Buyer’s estate may cancel contract if the buyer dies or becomes totally and permanently disabled during the Membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term. The contract may require a buyer or the buyer’s estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.
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In the event that Member/Buyer moves out of town and there exists no affiliated facility within a 15-mile radius of buyer’s new location the contract or Membership agreement may be cancelled at buyer’s option. On an installment sales contract a pro rata refund must be available at buyer’s option.
TERMS AND CONDITIONS
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. The Member may be subject to additional charges for and including, but not limited to, the use of towels, childcare, tanning beds, and classes.
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 that at all times when Member is using the facilities of the club, that Member will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. Member agrees that it is Member’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
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.
5. Member agrees and understands that there are risks associated with the use of the facilities and Member further agrees and understands that Member is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, Member agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the Member’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The Member represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent Member from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. Member represents to the club that Member either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the Member hereby assumes the risk of injury and death, which may result from such activities.
6. 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.
7. Member agrees that Member shall abide by the club dress code at all times while in the facility, including a workout towel.
8. 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.
9. 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.
10. 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.
11. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
12. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
13. Member understands Member may be photographed at the CLUB. By execution of this Agreement, Member agrees to allow Member’s photo, video or film likeness to be used for any legitimate purpose by the CLUB and by the CLUB, and their respective producers, sponsors, organizers and/or assigns, in their discretion. Member acknowledges that by signing this Agreement, Member gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to the CLUB.
Waiver
I hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the fitness services (hereinafter, “Fitness Services”) undertaken while under their instruction or thereafter: 365 Fitness (the “Fitness Provider”).
I will be voluntarily participating in the Fitness Services that will be conducted by the Fitness Provider. These Fitness Services will include, but not be limited to the following: Resistance training, free weights, cardio, personal training, nutrition consultations, tanning, massage therapy, childcare
This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws.
This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.
ASSUMPTION OF RISK. I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services. I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.
COVENANT NOT TO SUE. I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider’s negligence or omission. I also waive the right of any of my insurers’ to make any such claim.
INDEMNIFICATION: I agree to defend and indemnify the Fitness Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.
REPRESENTATION: I am over 18 (eighteen) years of age or I am a legal parent or guardian of mionor, and am medically and physically able to participate in the Fitness Services.
GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Alabama without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver: Etowah.
I have read the above Fitness Services Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Fitness Services Waiver I forfeit any right, claim, or ability to hold the Fitness Provider responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Services.
My initials below indicate that I agree with and understand the following:
• It is my responsibility to consult a physician before participating in this or any fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services.
• I agree to hold the Fitness Provider, and if applicable, its owners, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
• I agree that the Fitness Provider offers the Fitness Services with no guarantee of results. I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
• I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately.
• I agree and verify that all of the information that I have given the Fitness Provider and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
• I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Fitness Provider harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
• I agree to keep the Fitness Provider apprised of any changes or upcoming changes concerning my physical health and personal information.
• I understand and agree that it is my responsibility to let the Fitness Provider know if I find myself in any pain or discomfort before, after, or during the Fitness Services.
• If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.
• I agree to pay or charge to my card/account $5 to replace a lost or stolen key fob
• I agree to an automatic charge to my card/account of $25 if I am seen by a staff member or caught on surveillance video footage providing a non-member access to the facility
• I agree to an automatic charge to my card/account of replacement cost plus a $25 fee if I am caught on surveillance video footage purposefully or negligently damaging or removing from the facility gym property
• If member is under 18 I agree that I am the parent or guardian of said member and give consent for their use of the fitness facility and take full financial responsibility of minor
• I agree to abide by all gym rules while using the facility or risk being charged a fee or termination of membership @ the discretion of the staff • If you place your account on hold it has to be for one of the following reasons: sickness, injury, surgery, extended out of town stay and other extenuating circumstances. Holds will be for 3 months only and your card will go back to being charged after 3 mo. If you come in and sign the cancellation form during your hold there will be a $25 cancellation fee
• I give 365 Fitness permission to communicate with me about my account through email, text/phone and/or mail.
Member Initials:
CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that 365 Fitness, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to 365 Fitnes, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only. ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement.
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN CONSENT: Certain laws and regulations may require 365 Fitness to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that 365 Fitness may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic documents by contacting 365 Fitness and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 365 Fitness. Upon withdrawing consent, Member shall no longer receive the documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the documents. Member agrees to maintain a valid email address with 365 Fitness and to promptly notify 365 Fitness of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of 365 Fitness. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then 365 Fitness will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to 365 Fitness.
Member Initials:
365 Fitness
