1. Shapemakers Health and Fitness for Women, being a health club, agrees to and does hereby give the UNDERSIGNED the
right, for the time set forth in the succeeding paragraph, to use it’s facilities at any time during regular business hours (posted
holidays excluded).
2. The UNDERSIGNED acknowledges that she is desirous of using the facilities of Shapemakers, and does, in consideration of
the rights above granted, agree to pay Shapemakers to use it’s facilities for the initial sum above, PLUS monthly dues above
payable on or before the first day of each month. Payments must be made no later than the 5th of the month to avoid a $5.00 Late Fee. Dues amount shall not be affected by attendance. Accounts payable that are three (3) months past due will be transferred to a collection agency at which time 40% plus your balance will be applied by Shapemakers.
3. It is understood and agreed that payment of the initial sum as set forth above entitles the UNDERSIGNED to continuous use
of the facilities, provided, that the UNDERSIGNED timely pays each and every monthly dues payment. In the event
Shapemakers finds it necessary to increase monthly dues, said dues may be increased in any amount determined by and set
forth at the sole discretion of Shapemakers, provided however, that such increases are limited to once in a 12 month period
without regard to the date upon which the UNDERSIGNED joined. . .
4. Payment for this membership is limited to the following types of plans, each of which is terminable by the UNDERSIGNED in
accordance with this agreement.
Plan A: Automatic Deduction – Payment of initial sum with monthly dues automatically transferred from
your checking account on the 1st but no later than the 4th day of each month.
Plan B: Payment of the initial sum with monthly dues billed by Shapemakers directly to a major credit card
Account held by the UNDERSIGNED and approved by Shapemakers on the 1st but no later than the
4th day of each month.
Plan C: Payment of initial sub with monthly dues to the Undersigned payable by cash, check or VISA or
MASTER CARD. When mailed, payment must be postmarked by the 5th of the month.
Plan D: Lump sum payment upon execution hereof in amount equal to the current rate for 12 months. At the
end of such time period, the UNDERSIGNED may either pay a lump amount to renew at that rate, let
the membership expire, or choose another payment plan on this agreement. Dues paid in advance are
non-refundable except as expressly provided in the agreement.
Plan E: Corporate Membership/Payroll Deduction
Plan F: Specials of the month or other:
The member may, at any time, switch to an alternate plan of payment. The only exception to this would be the payment of a lump sum under PLAN D. A member paying pursuant to PLAN A is free to switch to PLAN B or PLAN C. A charge of $15.00 will be made for all payments not received because of the dishonoring of any check or credit card or failure to supply Shapemakers with updated information with respect to credit cards or any other default by the UNDERSIGNED, which results in a late payment. Club membership will also be suspended.
5. A membership to Shapemakers is not considered to be on an annual basis regardless of payment plan chosen. Membership
authorizes use of facilities on a continuous basis during the time the member's dues are current.
6. The UNDERSIGNED having elected PLAN A, hereby authorizes Shapemakers to deduct the UNDERSIGNED"S monthly dues
directly to her checking account until such time as this authorization is revoked by thirty (30) days written notice to Shapemakers.
Any member choosing PLAN A must provide to Shapemakers any new checking accounts so that Shapemakers may obtain the
necessary documents and other information from the checking account. See Attached Addendum.
7. The UNDERSIGNED having elected PLAN B,hereby authorizes Shapemakers to charge the UNDERSIGNED'S monthly dues
directly to the billing information provided above, until such time as this authorization is
revoked by thirty (30) days written notice to Shapemakers. Any member choosing PLAN B must provide to Shapemakers any new,
renewal or replacement credit card so that Shapemakers may obtain the necessary imprint and other Information from the card.
See Attached Addendum.
8. Shapemakers reserves the right to terminate the UNDERSIGNED'S membership at any time, upon reimbursement to the
UNDERSIGNED the prorated dues for the remainder of the month. This provision in no way grants the UNDERSIGNED any right
or privilege to demand reimbursement of any amount paid except as provided herein.
9. Shapemakers further reserves the right to terminate the membership for misconduct, misuse of the facilities or violation of the rules
and regulations of the club. There will be no reimbursement of the initial sum or any other amount to the UNDERSIGNED if the
UNDERSIGNED is terminated for a violation of any rule or regulation.
10. Any waiver by Shapemakers of any term, condition or covenant herein shall not thereafter be construed to be a waiver of the same
or any other term, condition or covenant.
11. The UNDERSIGNED may cancel her membership by WRITIEN notice to Shapemakers in person or by Certified Mail, return
receipt,
addressed to the above address along with membership barcode card. There will be a $10.00 charge for membership cards not
returned to Shapemakers at the time of cancellation. Cancellation must be received by the 5th day of the month to take effect at the
end of that month. THERE WILL BE NO REFUNDS OF ANY MONEY REGARDLESS OF THE PLAN CHOSEN, EXCEPT AS
EXPRESSLY PROVIDED IN THIS AGREEMENT. Final month MUST be paid in full.
I HAVE READ AND UNDERSTAND THIS CANCELLATION PROVISION.
12. This membership is not assignable or in any manner transferable without prior written consent of Shapemakers.
13. If, by reason of the death or disability of the UNDERSIGNED, she is unable to receive the services for which she has
contracted, she and her estate shall be relieved from the obligation of making payment for services other than those received prior
to death or the onset of disability. If the UNDERSIGNED has prepaid any sum for such services, so much of the sum as is
allocable to services not taken shall promptly be refunded to the UNDERSIGNED or her representative. A certification of disability
from a physician IS required. Shapemakers must be promptly notified in writing, in person or by mail of the death or disability for
this provision to apply.
14. If the UNDERSIGNED moves 25 miles or more from Shapemakers, and is unable to continue using the facility, she shall be
relieved from the obligation of making payments for services other than those received or to the date of notification of her move. If
the UNDERSIGNED has prepaid any sum for such services, so much of the sum as is allocable to services she has not taken shall
be promptly refunded. Shapemakers must be promptly notified in writing, in person or by mail of the relocation for this provision to
apply.
15. The UNDERSIGNED acknowledges that this agreement, including the rules and regulations, constitutes the entire understanding
and representations, if any, have been superseded by this agreement, no modification of this agreement shall be valid unless in
writing, and that the UNDERSIGNED in accepting the right to use the Club's facilities, waives any claim for injury or damages for
negligence or otherwise, against Shapemakers, and it's agents, servants and employees, by reason of the use of the Club's
facilities.
16. It shall be understood that the applicant agrees to remain a member for a minimum of
1 Months, starting 10/17/2018. If agreement is canceled prior to the ending
date, amount waived, for the minimum time commitment is the remainder of the contract and must be paid except as expressly
provided in this agreement.
AFTER MINIMUM TIME HAS BEEN COMPLETED, THE MEMBERSHIP AND MEMBERSHIP DUES CONTINUES ON A MONTH TO MONTH BASIS UNTIL SHAPEMAKERS IS GIVEN IN WRITING A CANCELLATION BY THE UNDERSIGNED.
I HAVE READ AND UNDERSTAND PROVISION 16 ABOVE OF THIS AGREEMENT.
Initial
17. The undersigned may place their membership on hold at any time with a written Doctor's notice for the time specified.