Club Agreement

Health Club Membership Agreement

Agreement made on the day of , 20, between , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as the Club, and of .

Whereas desires to become a member of the Club and cannot become a member without agreeing to the rules and regulations set forth below and abiding by the terms of this Agreement;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Check In Policy

Members must check in each time that they use the Club by presenting his/her current membership card at the front desk upon arrival. Club usage may be denied if member does not present card. The Club may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.

2. Membership Fees and Cancellation

Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice. At the present time, membership fees are as follows:

a. Monthly Memberships $;

b. Quarterly Memberships $;

c. Semi-Annual Memberships $; and

d. Annual Memberships $;

The obligation to pay dues is not dependent on the availability of all the Club’s facilities. Special engagements, repairs, and maintenance of some facilities may make it necessary for the Club to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly Renewing Members may cancel memberships by notifying Club personnel of his/her wish to cancel over the phone or in person, any time during business hours prior to the first day of the month to be cancelled.

There are no refunds for membership fees, and the Club will not prorate a cancelled membership. Anyone who cancels must obtain a confirmation number. This confirmation number is used for reference and proof of cancellation. The Club will not accept cancellation claims without a confirmation number.

3. Three-Day Right of Recession

New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, the Club will return to the member within thirty days all amounts paid. To cancel, new members must call or come into the Club and inform the front desk personnel of their wish to cancel.

4. Freeze Policy

Members may put their membership on freeze, in one calendar month increments, for up to three calendar months per calendar year. Notice of freeze must be given to Club personnel over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Members will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly Members will have current year extended by the number of frozen months. Anyone who freezes his or her membership must obtain a confirmation number. This confirmation number is used for reference and proof of freeze. The Club will not accept freeze claims without a confirmation number.

5. Attire

Proper attire is required for participants using the Club. Shirts, shoes, and clean, un-torn clothing are mandatory. No bathing suits or briefs without tights or leg coverings are allowed. Proper footwear must be worn as follows:

a. Aerobics

Court-type or aerobics shoes only, unless otherwise specified by the instructor.

b. Weight Training and General Exercise

No open toed shoes, thongs, sandals, street shoes, bare feet, or slipper-type shoes allowed.

c. Other

6. Equipment

All equipment must be used as designed. If member is not familiar with use of equipment, he/she must arrange instruction with a staff member. Instruction is available to members as part of their membership. Members must be familiar with and observe Club rules and regulations posted in the Club area. Members who do not observe Club rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of the Club's rules or regulations.

7. Conduct

The Club is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The Club has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.

8. Training

The Club is staffed in part by Fitness Trainers. Access to these trainers is included with all memberships at no additional charge; however, contract training is not available. Outside trainers (or anyone acting as a trainer) may not do business of any kind in our facility, whether in the form of client solicitation or training facilitation.

9. Lockers

Lockers are available for day use only. Members must supply his/her own lock. Locks and articles left overnight will be removed. The use of cellular phones is not allowed inside the locker room facilities.

10. Children

Members must be 18 years of age or older. Minors are not allowed in the aerobics, exercise, locker, or weight training rooms. Minors under the age of must be supervised at all times.

11. Damages

Members shall pay for any damages to the Club’s property which results from the willful or negligent conduct of member, member's guest, or dependent children.

12. Lost Articles

The Club assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

13. Guests

Guests may enter the Club on payment of a fee determined by the Club from time to time. Guests must sign the Guest register and show a form of photo identification. The number of visits by a guest to the Club is at the sole discretion of the Club and must be at least years old.

14. Smoking, Food, and Drink

No smoking is allowed in any part of the facility. No food or drink is allowed beyond the lobby and vending machines. Water may be taken into workout areas if it is in a non-breakable, enclosed container.

15. Late Payment of Fees

A late payment fee of $ will be charges on any payment past due. Membership fees must be paid on or before the first day of the month when due. Membership may be cancelled, at the discretion of the Club if fees are not timely paid.

16. Cancellation of Membership by Member

A member may cancel his/her membership at any time upon payment of a cancellation fee of $.

17. Change of Rules and/or Regulations

The Club reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by the Club from time to time.

18. Waiver, Release and Assumption of Risk

a. The undersigned member (hereinafter referred to as Member) understands and agrees that he/she is voluntarily participating in physical activities which may expose Member to some level of risk or injury, and Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.

b. Member represents that he/she is in good physical health, and that Member shall notify the Club in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of the Club allowing Member to participate in physical activity within the facilities of the Club and use the Club’s equipment, Member agrees to indemnify and hold the Club harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorneys’ fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the Club.

c. The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in the Club.

19. Covenant not to Compete

Member understands and acknowledges that he/she will, as a result of his/her membership in the Club, have significant contacts with other members, employees of Club, as well as other persons and entities which have been a contractual relationship with the Club, and shall become familiar with trade secrets, methods of doing business, and other confidential business and proprietary information of the Club that does not qualify as a trade secret. Therefore, during the term of this Agreement and for a period of years following the termination of this Agreement, Member will not, individually or in conjunction with others, directly or indirectly, engage, or assist in any manner others in engaging, in any part of any business which competes directly or indirectly with the Club, whether as an officer, director, proprietor, employer, partner, independent contractor, employee, or shareholder, without the Club’s prior written consent, which may be withheld in its sole discretion. The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in the Club.

20. Miscellaneous

A. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

B. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

C. Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is years of age or older and mentally competent to enter into this Agreement.

WITNESS our signatures as of the day and date first above stated.