LIABILITY WAIVER:
It is expressly agreed that all use of the tness facilities and equipment of the Club, including any course instructions or tness programs provided by the Club, shall be undertaken by me or any permitted guests, at my and their own risk, and that Seller and its of cers, agents, employees and contractors shall not be liable for any injuries or damage to me or any permitted guests or to the property of mine or any such persons, or be subject to any claim, demand, injury, damages, or loss whatsoever and howsoever caused, including, but not limited to, the conduct or actions of any other members of the Club. Without limiting the generality of the foregoing, I agree that Seller shall not be liable for loss or damage to any personal property of mine or any permitted guests caused by theft, re or other casualty. I hereby agree to indemnify and hold harmless Seller, its of cers, agents, employees and contractors, from and against any such injury to person or damage to property, howsoever caused.
ADDITIONAL TERMS AND CONDITIONS
1. HOURS OF OPERATION – Hours of operation are subject to change from time to time. In club’s sole discretion without recourse by the member according to periodic postings at the club. The club may be closed on holidays, at the club’s discretion.
2. CLUB CHECK-IN – Upon entering the Club, all Members are required to present their active membership card, or driver’s license or other government issued picture identi cation. If you do not have your membership card or proper identi cation, the Club may prohibit your use of their facilities or may charge a guest fee for use of the facilities for that day.
3. GUEST PRIVILEGES – All “in town” & “out of town” guests will be charged a guest fee of $10.00 which fee is subject to change.
4. EXERCISE CLOTHING – Members are required to wear gym shorts with T-shirt, or sweat suits. Members are further required to wear sweat socks and soft soled gym shoes at all times in the exercise area. No other type of clothing will be permitted without speci c approval of the club manager. Swimming suits shall be worn at all times in the sauna and sunrooms.
5. TIME USE OF EQUIPMENT – Member agrees to follow designated time use of all machines exactly as prescribed. Maximum time use will be allowed on certain speci ed machines.
6. EQUIPMENT MALFUNCTIONS – Member understands that equipment may, from time to time, be out of order. When special factory parts must be ordered, some units may be out of order for several weeks. When this occurs, the member agrees to follow a regulated substitute program.
7. SAFETY FIRST REGULATIONS – Member will not start a machine or other device until in position and will use all tness equipment and machines and weights in strict accordance with manufacturer’s guidelines and such other guidelines as may be established by the Club from time to time.
8. UNAVAILABILITY OF FACILITY OR SERVICES – There shall be no right of abatement of the running of the speci ed term of membership for any reason whatsoever. Failure to attend and use the club will not relieve members of any liability for payments and amount due. Should the club or all of the services no longer be available at the location at which member enrolls due to any reason including, but not limited to re, condemnation, loss of lease, act of God, catastrophe, sale, relocation or for any other reason, the club will have the right, at its option, to extend member’s membership for a period of time of such unavailability, or, at the club’s option, member may be transferred to another “similar health club facility” within the same metropolitan area. In connection therewith, member agrees that the club’s entire premises may be closed or the club’s location may be changed, moved or eliminated for any reason, and member agrees to accept the Club’s decision as nal. If location is closed permanently, the Club will make every reasonable attempt to provide members with another “similar health club facility” within the same metropolitan area.
9. NO CHILDREN ALLOWED – No children will be allowed in the premises, except children in the Baby-sitting center. Children shall be de ned to mean any person under the age of 14. In Club’s sole discretion, the age may change, without recourse by member.
10. COMPLIANCE WITH RULES AND CONDUCT OF MEMBER – Member agrees to be subject to the control and guidance of the Club staff while on the premises and will follow instruc- tions of Club personnel. Member agrees to conduct him or herself in a quiet, well mannered fashion while on the premises and reserve all criticism of any major kind about the other Club members, guests, or Club personnel until in a private of ce with the Club manager. Member agrees to obey all rules and conditions of membership contained in this Agreement or as they may change in the future as adopted and/or published by the Club in the Club’s sole discretion, and Club reserves the right to revoke or terminate the membership if the member fails to keep and obey any such rules and conditions.
11. USE OF FACILITY BY MEMBERS – Buyer agrees and represents on behalf of himself/herself and all the family members that all exercises, treatments, and use of all Club facilities shall be undertaken at each member’s own risk, that each member is in good physical condition and physically able to undertake any and all physical exercise and treatments provided by the Club, and that the corporation which owns the Club and/or any af liated companies and/or their respective agents and employees shall not be liable for any claims, demands, injuries, damages, actions or causes of action to members or their property, which arise wholly or partially due to the negligence of a member, and/or which arise wholly or partially due to the negligence of the corporation which owns the Club and/or any af liated companies and/or their respective agents and employees, arising out of or connected with the use of any services and/or facilities of such corporation or of any af liated companies and/or their respective agents and employees or the premises where the same are located; and the members do hereby expressly forever release and discharge said corporation and any af liated companies and their respective agents and employees from all such claims, injuries, damages, actions or causes of action. In case of an accident, Buyer agrees on behalf of himself/herself and all family members that the injured party will be examined at Buyer’s sole expense by a licensed physician who shall report in writing to both the injured party and the corporation owning the Club.
12. DAMAGE TO FACILITIES – Member agrees to pay extra charge for damage arising from any careless use of equipment, neglect, intentional misuse or dropping of weights, etc. caused by member.
13. PERSONAL PROPERTY – The Club, the corporation owning the Club, and the agents and employees of both shall not be responsible for damaged, lost or stolen articles of clothing or any other personal property of any member.
14. AMENDING OF RULES – The Club reserves the right to amend or add to these rules and conditions and to adopt new rules and conditions in Club’s sole discretion as it may deem necessary.
15. WARRANTIES – Member agrees that no warranties, representations or Agreements or merchantability, tness for a particular purpose, or otherwise, express or implied, were made to member except for those written therein or in writing, signed by an of cer of the corporation owning the Club.
16. FACILITIES INCLUDED –This membership includes use of all exercise machines, equipment and weights of the Club location shown on the face of this Agreement. Any tness pro- grams, classes or training or other services provided by the Club shall be upon such terms and conditions, including any charges for the same, as the Club may determine from time to time in its sole discretion.
17. BABY-SITTING – Club may provide, in its sole discretion, baby-sitting services from time to time. Said services, if provided are not to be viewed as a part of member’s Agreement privileges. Said services may be entirely discontinued at the option of Club, and hours, limitations, conditions and terms of operation may be established and/or amended in the Club’s sole discretion. Club may charge for such service, and may change the amount of such charge, from time to time in its sole discretion.
18. INCIDENTAL PROGRAMS AND SERVICES – Member acknowledges that member is purchasing a membership in a physical tness facility. Club may provide, in its sole discretion, programs (such as dance exercise programs), facilities, services or equipment incidental or related to physical tness. Club shall not be required to continue any particular programs, facili- ties, services or equipment as part of its contractual obligations hereunder and may discontinue, change, or modify the same in its sole and absolute discretion, without recourse by member.
19. MONTHLY MEMBERSHIP TRANSFERABILITY AND FREEZING – The balance of your monthly membership, not paid in full membership, may be transferred to another party provided the transferee signs a membership Agreement with the Club for the balance of your contract term plus a period of one (1) year. There will be a $25.00 non-refundable transfer charge and must be paid in full along with the rst month cost of the membership at the time of the transfer. The Club, in its sole discretion, may allow you to freeze your membership one time for a period of no longer than (3) three consecutive months if you are a student with a valid ID or for a medical disability approved by a physician of Club’s choice. There will be a $10.00 processing fee and must be paid at the time the freeze is requested. However the Club reserves the right to discontinue the ability to transfer or freeze any membership at any time without notice without recourse by member. There will be a maximum of 3 months added to your contract term for the number of months approved for the freeze, not a cessation of billing.
20. PHOTOS/VIDEOS. No videos or photograph shall be taken with cameras, cell phones or any other devices within the Club.
21. CELL PHONES. Cell phones, two-way radios, walkie-talkies and any other similar communication devices are not allowed to be used in the Club.
22. Smoking is not permitted in any part of the Club, including the locker room area.
23. No members are allowed behind the front desk.
24. No food, alcoholic beverages or non-prescription drugs, including anabolic steroids, are allowed on the premises of the Club, except food and alcoholic beverages in the cafe purchased from the cafe are permitted.
25. Weight plates must be put back on the weight racks after each use. Please DO NOT lean the weight plates against the equipment or lay them on the oor. Do not drop dumbbells.
26. No chalk, baby powder, or gym bags is permitted in the workout area.
27. Weight belts must be removed before utilizing the seated equipment.
28. Lockers are available for your use while visiting our facility. However, locks will not be provided. If you bring your own lock, you must remove it before you leave. If a member’s lock is left on a locker after the member has left the Club, the lock will be subject to removal and Seller will not be obligated to replace the lock or it’s contents.
29. LANGUAGE/HYGIENE. Club policy prohibits all members and guests while on the premises from offensive body odor; loud, foul or slanderous language, grunting; badgering or harass- ing other members or Club employees, agents and contractors. Threatening or violent conduct is prohibited on Club’s premises.
30. NO WAIVER OF RIGHTS. Seller does not waive its rights to have future payments made when due if Seller accepts a late or partial payment or delays the enforcement of its rights on any occasion.
31. WARNING. If you have a history of heart-related disease, you should consult a physician before purchasing a Membership. A person entitled to Membership privileges under this Agree- ment who has a history of heart-related disease also should consult a physician before utilizing the programs and facilities of the Seller.
Member af rms, acknowledges and attests that Member’s mailing address, 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 Get Fit Athletic Club and ABC Financial Services, Inc., including its agents and af liates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Get Fit Athletic Club and/or ABC Financial Services, Inc. We appreciate your respecting the rights of fellow members and guests. Please help us obtain and maintain a wholesome environment.