Member registration

At the expiration date of this contract, this membership will automatically go to a month-to-month membership at the rate currently being charged. Thirty (30) days notice is required to cancel this month-to-month membership.

IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU CAN CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOU DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 416 BEDFORD EULESS RD., HURST, TX 76053. THE HEALTH SPA SHALL REFUND ALL MONEY PAID BY THE PURCHASER EXERCISING THE RIGHT TO CANCEL.

Because physical exercise can be strenuous and subject to risk of injury, including serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you  do  so   entirely  at  your  own  risk. Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks  of injury, illness, or death. We are also not responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; (b) the sudden  and  unforeseen malfunctioning  of  any  equipment; (c)  our  instruction,  training, supervision, or dietary recommendations; or (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.  This also includes any negligence associated with the presence of or transmission of any bacteria, viruses, or infectious diseases. 

By signing below, you acknowledge that you have carefully read this "waiver and release" and fully understand that it is a  release of liability. You expressly agree to release and discharge the health club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage. You also agree that this waiver and release also applies to any guests or other participants you bring to the Club; should any such persons bring negligence, personal injury, or property damage claims against the Club, you agree to defend and indemnify the Club and hold the Club harmless against any such claims.

You further agree that if a court of law finds any part of this agreement to be against public policy or in violation of any state statute or legal precedent, then the remainder of this document will remain in full force.

rate guarantee fee.....

NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERE TO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Upon the default in the payment of any installment, the holder of this note may at its option declare all unpaid installments due hereunder.

LATE CHARGE: YOU WILL BE CHARGED $8.00 IF A PAYMENT IS NOT MADE WITHIN 10 DAYS AFTER IT IS DUE.

NOTICE TO THE BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE. BUYER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS CONTRACT EXECUTED BY BOTH SELLER AND BUYER AND ACKNOWLEDGES RECEIPT OF CONTRACT. PAYMENTS ARE DUE AND PAYABLE EACH MONTH REGARDLESS OP ATTENDANCE.

EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING EMAILS, CALLS, and TEXTS: by signing this agreement, you (member) authorize the club/facility and/or its service providers, partners, affiliates, including, without limit to deliver, or cause to be delivered to member, at the telephone numbers or email provided by member in this agreement, telemarketing calls, telemarketing texts/emails, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.

1. It is expressly understood by and between the parties hereto and the Buyer acknowledges notice of any Intended sale or assignment of this Agreement by Seller and that the rights and benefits of Seller under this Agreement will Inure to the benefit of Seller’s assignee.

2. It is expressly understood and agreed that this contract can be assignable or transferable to a non Member or property or properties with consent of Stroud’s Fitness.

3. By the use of the facilities of Seller and/or by the attendance at any of the clubs owned by the Seller, the Member expressly agrees that Seller shall not be liable for any damages arising from personal injuries sustained by the Member or his guest in, on or about the premises of the said clubs or as a result of their using the facilities and the equipment therein. By the execution of this agreement Member assumes full responsibility of any such injuries or damages which may occur to the Member or guest in, on or about the premises of the said clubs and does hereby fully and forever release and discharge Seller and all associated clubs, their owners, employees and agents from any and all claims, demands, damages, rights of action, or cause of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the Member’s or his guest’s use or intended use of the facilities and equipment thereof. Buyer and Member warrant, represent and agree that Member is in good physical condition and that he has no disability, impairment or ailment preventing him from engaging in active or passive exercise that will be detrimental or inimical to his health, safety, comfort or physical condition if he does engage or participate. Member represents that he will not use pool, sauna or jacuzzi with any open cuts, abrasions, open sores, infections or the like, in accordance with local public health requirements. The management of each local club shall have the final determination in this regard. Their decision is final.

4. Buyer shall not be relieved of his obligations to make any payment herein agreed to, and no deduction or allowance from any payments shall be made, by reason of the absence or withdrawal of Member from the club, or by reason of Member’s failure to attend or use the club or to obey rules.

5. IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT, THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLWING ADDRESS: 416 W. BEDFORD EULESS RD., HURST, TX 76053

6. Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by Seller, or its associated clubs, for the use of clubs and the equipment and facilities therein, and Seller reserves the right to revoke this membership for cause if Member fails to keep and obey such rules and regulations, or for reasons of nuisance, disturbance of other members, moral turpitude or fraud. Seller agrees to maintain clubs as to hours, location and facilities substantially as at the date hereof, subject to Seller’s right and privilege at any time hereafter.

7. A member who has given the club authority to draft, and if for any reason, the draft is NSF, Closed Account, etc., member will be changed to “billing by invoice” and charged $6.00 more per month. A charge of $30.00 for NSF checks will apply. A rejected credit card will also be charged a $15.00 fee for running twice.

8. This Contract shall be interpreted in accordance with the Statutes of the State in which executed and if any particular provision of this Contract shall be deemed invalid the same shall not affect the balance of this Contract and the remaining provisions thereof.

9. This Contract constitutes the entire and exclusive agreement between the parties. Any promises, representation, understanding and/or agreement pertaining directly or indirectly to this Contract which are not contained herein, are herby waived. This Contract may be modified only by an instrument in writing.

10. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU CAN CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOU DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 416 BEDFORD EULESS RD., HURST, TX 76053. THE HEALTH SPA SHALL REFUND ALL MONEY PAID BY THE PURCHASER EXERCISING THE RIGHT TO CANCEL.

11. IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITH 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 416 W. BEDFORD WULESS RD., HURST, TX 76053.

12. This Agreement is intended to embody the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes any and all prior discussion, agreements and understandings.

13. You will be liable for reasonable attorney fees and collection costs in the event you default on this Contract.

14. Stroud’s Fitness suggests you consult with your doctor before starting membership.

15. Stroud’s Fitness is not responsible for trainers using the gym. They are members and are not training as employees of Stroud’s.

16. Stroud’s Fitness will not allow any illegal drugs used or sold in Stroud’s.

17. At the expiration date of this contract, this membership will automatically go to a month-to-month membership at the rate currently being charged. Thirty (30) days notice is required to cancel this month-to-month membership.

EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING EMAILS, CALLS, and TEXTS: by signing this agreement, you (member) authorize the club/facility and/or its service providers, partners, affiliates, including, without limit to deliver, or cause to be delivered to member, at the telephone numbers or email provided by member in this agreement, telemarketing calls, telemarketing texts/emails, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.