Fitness and More Membership Agreement

 

WARNING: LAW PROVIDES THAT IT IS ILLEGAL TO AID OR ABET IN THE UNLAWFUL SALE, USE OR EXCHANGE OF ANABOLIC STEROIDS, TESTOSTERONE, AND ANY MALE GROWTH HORMONE.

These rules and regulations, as set forth below, are an integral part of the Membership Agreement and Member(s) agree and hereby is/are obligated to observe and comply with them. Club may make reasonable changes to them from time to time, and Member agrees to accept such changes as part of this agreement.

1. SIGN IN: Members must show their membership cards on each and every visit. Members who request entrance to the club without their membership cards must pay a $5.00 fee or purchase a new card for $10.00. Club reserves the right to require a second form of Identification, such as a driver’s license, if deemed necessary. Members agree that use of their membership cards by anyone other than the person named thereon is strictly prohibited and will be regarded, among other things, as criminal fraud, and the card (s) will be confiscated. Member also agrees that if he/she allows anyone else to use his/her Membership card, he/she will pay $100.00 to get each confiscated card re-issued, in addition to the $10.00 replacement fee. Club also reserves the right to issue new Membership cards as it deems necessary to replace Member’s existing membership card and to require member to present such new Membership card for admittance to the Club.

2. USE OF FACILITIES: For proper maintenance of its facilities, Club reserves the right to temporarily close its facilities for not more than one week at any time during the year. Club may be closed for legal holidays. Also, Club may be closed for not more than one day per month per calendar year for Open House tours or other promotions.

3. VIOLATION OF RULES AND REGULATIONS: Reasonable rules and regulations concerning the use of the Club may be published and/or posted and changed from time to time by Club and all membership Agreements shall be deemed amended to make them subject to strict compliance therewith. Failure by Member to so comply shall permit Club to revoke such Membership Agreement at its option, without any further obligation of notification to member, said revocation to be effective upon verbal or written notice to Member.

4. FACILITY RULES: Members agree to comply with the dress code published by Club. The dress code may be changed at the discretion of Club. Do not bring valuables into the Club. Club shall not be responsible for lost, stolen, or damaged articles. Unless otherwise noted by publication at Club, members must be 18 years or older to exercise full membership privileges or have a parent/guardian’s signature. Buyer acknowledges and agrees that Club and its officers, agents, and employees, will not be held liable for loss or damage to his or her personal property, whether stolen or damaged, whether occurring within or without the Club premises, including parking facilities, whether provided by the Club or others.

5. GUEST PRIVELEGES: Members may bring friends or relatives for Guest visits, upon the terms, conditions, and fees of the Club at the time of each visit. Members may bring as many individuals guests as they desire. Guest must pay full rate fees (nonmember fees) for use of the Club facilities or programs for which nonmember rates apply, unless otherwise prescribed by the Club. Guest must be 18 years or older, 14-18 years of age with signed parental consent. Guests must abide by all Member and Guest rules, codes, and regulations.

6. CHANGE IN DUES STRUCTURE: Club must be notified in writing 30 days in advance of any changes.

7. ASSIGNABILITY: This Membership is not assignable, transferable, or cancelable by Buyer and Member except as otherwise provided herein, or as provided by law. Buyer’s payment obligation hereunder may be assigned by Club to an affiliated company, any bank, a finance company, collection agency, or similar institution, or attorney for collection.

8. RESPONSIBILITIES AND LIABILITIES: Buyer undertakes the sole responsibility to inform Member of the following conditions of this Membership Agreement, and shall hold Club harmless there from for failure to so inform. As a condition precedent of the sue of Club (within or without the premises) for exercise, fun, sport, or fitness, or otherwise, including but not limited to nursery facilities and parking if voluntarily assumes all risks of damage to his/her person or property, any loss or partial loss thereof. Member acknowledges that Club does not provide patrolling in parking lot, parking building, or any parking area a Member or guest may use while at the Club. Further, Member assumes all risk for any of his/her guests, whether child or adult, that they allow or cause to use facilities or programs of the Club. Neither Club, nor its officers, agents, or employees shall be held liable for any liability or demand of any kind whatsoever, however arising, relating to the usage by member of Clubs associated with Club. Buyer agrees to hold Club, its officers, agents, attorneys, accountants, and employees harmless for any claim, liability, or demand of any kind for or on account of personal injury, property damage, or loss of any kind based in whole or in part upon Member’s claim that he/she had not agreed to assume the risks state above. Club hereby strongly advises Buyer, every Member, and Guest to consult his/her primary health car provider about his/her plans to use Club and all programs, activities, and sports, and secure a written opinion there from concerning the advice they are given concerning the same. Club makes no warranties or representations other than those set forth herein and Buyer acknowledges and agrees that neither Buyer nor any member has relied on any warranties nor representations other than those set forth in this Agreement.

9. REMEDY: Buyer’s and Member’s sole and exclusive remedy the event of breach by Club of any of its warranties or representations shall be cancellation of this Agreement. In no event shall Club be liable for incidental or consequential damages.

10. HEADING AND GOVERNING LAW: The titles and paragraph headings used on both sides of this Agreement are for references purposes only and shall not be used in interpreting or construing this Agreement. In any section to enforce this Agreement, the laws of the state of New Mexico shall govern.

11. TANNING ACCEPTANCE OF RISK: Precautions are necessary for safe tanning. Members must agree to comply with all instructions on the use of UVA tanning system, and use them at their own risk. We, and our employees and agents, are not liable for any injury to person or property caused in any way by the use of its services or its premises. Also, they are not liable for the loss or theft of any personal property. Each person is responsible for safeguarding his/her own property.

12. MEMBERSHIP FREESE/HOLD: A membership may only be frozen by a period of 90 days in any given calendar year. During any freeze period, Member shall continue to make all regularly schedule payments via the payment method outlines on this agreement without interruption and same number of months frozen shall be added to the agreement schedule.

 

ADDITIONAL TERMS:

 

DEATH or DISABILITY: If any person intended to receive or agreeing to receive services hereunder dies or is disabled during the initial period of membership, said person and said person’s estate shall be relieved of the obligation to make any remaining payments. Proof of death/disability must be in writing on the form provided by Club or verified by a physician acceptable to Club or Member. Any claim of disability can NOT be of temporary nature (less than 120 days) and must be of such nature that it prevents Member from using a significant portion of the Club’s facilities.

 

NON-USE AND FAILURE TO PAY: Failure of Member to use Club facilities shall NOT relieve Buyer of Buyer’s obligation to make payments as set forth in this agreement. Nonpayment or lack of timely payment hereunder, for a period of sixty (60) days, will render this contract terminated at the option of the seller, but Buyer will be held liable for all unpaid contractual amounts, collection costs, court costs, and reasonable attorneys’ fees.

 

ACCEPTANCE OF RISK: Buyer is aware that participation in games, sports, or physical activity may result in physical impairment, overexertion, accident, or injury and Buyer assumes the risk from his/herself and for all persons using this Club under contract (thereafter collectively called Contract Members) connected with their participation in games, sports, and exercise at or in conjunction with Club and represents that all Contract Members are in Club facilities. Buyer(s) acknowledges that Club has not and will not offer any medical services including any medical diagnosis of Contract Member’s physical conditions, disabilities, or abilities. Buyer specifically agrees that Club, its officers, employees, and agents, shall not be held liable for any harm, claim demand, or cause of action of any kind whatsoever for or on account of impairment, death, disability within the Club’s premises, and Buyer agrees to hold Club harmless for same, including from injuries Contract Members may have caused others.

Prepayment in full shall entitle the Buyer to a partial refund of the finance charge, if any computed in accordance with the rule of 78’s, if such refund is $1.00 or more, provided however, that the prepaid finance charge is less that $1.00, as earned, a refund will not be paid.

Upon any default by the Buyer, Seller at their option may declare that unpaid total less than any unearned finance charge to be immediately due and payable without demand or notice. Waiver of any default by the Buyer shall not operate as a waiver of future defaults.

Should any collection become necessary, with or without suit, Seller shall be entitled to all actual and reasonable costs of collection, including court costs and reasonable attorney’s fees plus an additional 40% collections fee.

 

NOTICE: Seller may assign Consumer Credit Agreement to another party for any business reason, and Buyer agree to comply with all terms of such assignment. If any portions of this agreement are held unenforceable, such portions shall be disregarded and the remainder hereof shall remain in full force and effect.

 

NOTICE TO BUYER: DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES, WHICH NEED TO BE FILLED. YOU ARE ENTITLED TO A COMPLETELY FILLED OUT COPY. NO REFUNDS AVAILABLE. THE BUYER WILL PAY A $35 CHARGE FOR ANY EFT OR CHECK RETURNED TO THE HOLDER FOR INSUFFICIENT FUNDS OR ANY OTHER REASON.