Terms & Agreements
MEMBERSHIP AGREEMENT TERMS
It is understood that this is a minimum 12 month agreement, renewed automatically monthly thereafter, UNLESS WRITTEN NOTICE IS PROVIDED by the Member to Fitness World of Member’s intention to cancel this agreement. Said written notice shall be delivered to Fitness World at the address listed below by certified or registered mail at least 15 days prior to the automatic renewal date.
Buyer acknowledges receipt of a fully completed copy of the contract executed by both buyer and seller and acknowledges contract terms on reverse hereof in witness whereof the parties set their respective hands, as of the first written.
1. RIGHT TO TERMINATION AND CANCELLATION: 1) The contract may be cancelled by the customer within three business days after the first business day after signing the contract by the customer. All monies paid pursuant to said contract shall be refunded to the customer. “Business Day” shall mean any day on which Fitness World is open for business. 2) If the member moves more than 25 miles from this facility and seller does not provide member with a facility and services under terms of the agreement, then member may cancel this agreement and be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to the center, plus a reasonable fee not to exceed 10% of the unused balance or $50, whichever is less. 3) In the event of the member’s death or disability preventing member’s use of seller’s facility, member may cancel this agreement and be liable only for that portion of the charges allocable to the time prior to the death or onset of the disability. Any cancellation by member in accordance with this section shall be made in writing and delivered to Fitness World by certified or registered mail to this facility at the following address: 1521 West Walnut, Jacksonville, IL 62650.
2. MEMBER’S HEALTH WARRANTY: Member warrants and represents that member (and other members under family membership if this membership is applied for), has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise or that will be detrimental to his/her health, safety or physical condition, if he/she does so engage or participate. This representation is made by Member knowing that Management will rely upon same in respect to the issuance of its Membership and Certificate.
3. MEMBER’S INDEMNITY AGREEMENT: Buyer assumes full responsibility for any person who becomes a member under this contract and shall identify seller, its affiliates, agents and employees, against any and all liability incurred by them to such a member who does become a signatory.
4. RULES, REGULATIONS AND SCHEDULES: Member agrees to abide by all membership rules, regulations and schedules of Fitness World, which may be posted at Fitness World or issued orally, and which may be amended from time to time at management’s sole discretion.
5. PRESENTATION OF MEMBERSHIP KEYTAG: No one will be admitted to Fitness World without displaying a valid membership key tag or unless registering as a day quest. Memberships are not transferable.
6. REPLACEMENT OF MEMBERSHIP KEY TAGS: Lost or damaged member key tags may be replaced during the membership year for $10.00 upon presentation of positive identification.
7. GUEST POLICY: Non-members must be registered prior to entry. Guest fees must be paid at the ongoing rate per visit.
8. SUSPENSION OF MEMBERSHIP: Management has the right to terminate any membership for non-payment of dues, program or court fees, or for behavior inimical to the enjoyment of the club by other members (requiring payment of reinstatement fee for reinstatement). Member may request suspension of a membership if, upon a written doctors order, member cannot receive any of the services of the club because of significant disability.
9. MEMBER’S OBLIGATIONS: Except upon proper expressed cancellation and transfer rights, member shall not be relieved of this obligation to make payment agreed to and no deduction or allowance from any said payments shall be made, by reason of member’s failure to attend or use the club’s facilities. (Member dues compensate the club for a period of time when the when the member is eligible to use the facilities and is no way related to actual usage of the club.)
10. DISHONORED CHECK OR BANK DRAFT: If any check draft payable to Fitness World is not honored, in addition to the other rights it may have, management may have the right to: A) Assess a service charge of $25.00 for each check or draft so dishonored to reimburse for the costs of collection. B) Collect the current and past due balance in any subsequent month.
11. ENTIRE AGREEMENT: This contract constitutes the entire and exclusive agreement between the parties. Any promises, representation, understanding and/or agreement pertaining directly or indirectly to the contract which is not contained herein and hereby waived. This contract may be modified only by an instrument in writing. Employees are not authorized to make any independent agreement with any patron that is not approved by management.
12. UNPAID BALANCES: All balances in arrears over 30 days are subject to a $20.00 late payment fee. Member understands that if pre-authorized payments are discontinued, the unpaid balance of this agreement is due and payable in full. Member is obligated to pay any collection and/or legal costs incurred by management pursuant to enforcing the financial obligations of member, including attorney’s fees.
13. LOCKERS: Lockers are provided solely for the benefit and convenience of the members. Management reserves the right to remove any articles left in a locker overnight.
14. VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. Management, its affiliates, agents or employees shall not be liable for the loss, or theft of, or damage to, the personal property of members or guests.
15. CHANGE OF ADDRESS: All members must notify Fitness World in writing of any address or name changes.
16. CHANGE OF MEMBERSHIP: In the case of where one family member discontinues his/her membership (after the 12 month obligation is complete and regardless of which member it is), the remaining member would be charged the “1” family member monthly dues rate.
17. SPECIAL OCCASIONS: The management reserves the right to limit club usage on special occasions such as tournaments and special parties.
18. INTERRUPTION OF SERVICE: In case of long term interruption of all services provided by Fitness World (example: fire or other disaster, Fitness World reserves the right to freeze memberships and add the lost time once services resume.