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TERMS AND CONDITIONS
I have read and agree to the cancellation policy.
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I have read and agree to the membership terms and club rules.
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I have read and agree to the waiver of liability.
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WAIVER OF LIABILITY
In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS WEST COAST FITNESS LLC their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss of damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VONLUNTARILY WITHOUT ANY INDUCEMENT.
If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to West Coast Fitness. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed via certified mail before midnight of the third business day after you sign this contract. The notice must be mailed to the Club address on this agreement. If you cancel within the three days, the Club will return to you within 15 days all the amounts you have paid.
Buyer or the buyer`s estate may cancel this contract if any of the following occur:
1. If the buyer dies or becomes physically unable to use a substantial portion of those Club services used by the buyer from the date of the contract until the time of disability. The Club may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the Club may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the Club.
2. If the Club goes out of business.
3. If the Club moves its facility closest to the residence of the buyer on the date of the contract to a location more than 5 additional miles from that residence.
4. If a facility, construction, or improvement is not completed by the date represented in the contract.
5. If the Club materially changes the Club services promised as part of the initial contract.
Term memberships will automatically renew on a month-to-month basis at the rate of $85.00. Renewal terms may be canceled at any time provided a minimum of a 30-day notice is provided to the club. Final payment and all overdue balances must be paid prior to cancellation. Cancellation requests must be in writing or email.
TERMS AND CONDITIONS OF MEMBERSHIP
Notwithstanding any other provisions of thisAgreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. lf you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. AN ADDITIONAL SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT, CREDIT CARD,OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. If the member is paying monthly dues by electronic funds transfer (EFT), the club's billilng company, Club Systems, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. The member is also subject to a $5.00 increase in monthly dues if eft payment is stopped or changed. Subject to appropriate State and Federal Law.
NOTICE:ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
I certify that I have read the Rules & Regulations of the club which are on a seperate page attached to this agreement. I certify that I have fully read this membership agreement and will comply with the contents herein.
Subject to the following conditions:
(1)The items shall be drawn on or about the date or dates of the Payment Schedule. The transactions on your bank statement will constitute receipts for payment on your account.
(2)If the regular payments set forth on the Payment Schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing the preauthorization, you choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment.
(3)By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review.
(4)The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(5)If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule)
(6)A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.
(7)The preauthorization payment arrangement shall apply to the following Applicant(s):
1. Member must present membership card upon entering the Club. Member agrees that he/she may be denied access without his/her membership card.
2.Member agrees that at all times when using the facilities of the Club, that he/she 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 the Member’s responsibility to seek out and familiarize themselves with these rules and regulations, as they exist for use of the facility.
3.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 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 the 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.
4.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 or 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 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 or approval of his/her physician to participate in 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.
5.Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. Members 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 termination.
6.Member agrees that he/she shall abide by the Club dress code at all times while in the facility.
7.Member agrees that he/she 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 termination.
8.Member understands that the Club prohibits the use of any drugs or steroids and Member agrees not to use such items on Club premises.
9.Member agrees that if he/she fails to use the Club facilities that shall not release the Member from the obligation to make all payments required by the terms of the Membership Agreement.
10.In the event a dispute arises between Member and the Club which relates to this Membership Agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this Membership Agreement or to Member’s use of the Club facilities, exercise equipment, or participation in exercise classes or other programs including any injuries to the Member, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
11.Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12.The parties herby agree that the whole agreement between 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.
13.This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.