This agreement is an auto-renew contract. It will automatically roll over at the end of the first required year.
PAYMENT OF MEMBERSHIP FEES. All payments to Body on Cue are final and can be made by one of the following options: â–¡ Annual Payment: One payment every 12 months and must accompany the Application. â–¡ Bi-Annual Draft Payment: 2 Payments made per year, one accompanying the Application and second payment within 6 months of start date. â–¡ Monthly Draft Payment: 12 payments made per year, once must accompany the Application, and 11 equal recurring payments to follow monthly.
Should Member select the Monthly Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Additionally, Member shall pay with this Agreement, an initiation fee of Fifteen Dollars ($15.00), this covers your activation, and maintaining towels for members use.
All rates are locked in for a full year agreement. With auto renewal, you maintain the sign up membership fee. Should the agreement expire, and a new contract is required, the Member will be subject to the current membership fees, and another initiation fee as a new key fob will need to be activated.
There is a $20 return payment fee for all declined payments.
In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.
I agree to be solely responsible for safety and well being of my guest and myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment.
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.
1. PARQ: Member represents and warrants that all facts stated in the Physical Readiness Questionnaire (PARQ) submitted by Member are true and correct. the PARQ is incorporated herein by reference and made a part of this Agreement.
2. MEMBERSHIP ACCESS. Member will be issued a key fob, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of Body on Cue (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member`s key fob, and Member will not allow anyone to enter the Facility along with Member. Member agrees to safeguard the key fob. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
3. FACILITY AND HOURS OF OPERATION. The Facility is a 24/7 access Facility. There are manned and unmanned fitness center hours. All guests of a Member must attend during manned hours. With the exceptions due to shutdowns by property management or any governmental authority, is open twenty-four (24) hours, three hundred sixty-five (365) days a year.
4. RULES AND REGULATIONS. Member acknowledges that Body on Cue operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by Body on Cue. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Body on Cue. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by Body on Cue.
b. All equipment shall be wiped down by Member after each use, with the supplies provided by Body on Cue.
c. This membership is for Member, and Member only, and Member will not give access to another individual.
d. Member will not misuse the equipment.
e. All members must be at least thirteen (13) years of age (with parental consent and adult supervision), unless otherwise authorized by Body on Cue.
f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by Body on Cue, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member`s membership by Body on Cue.
g. Body on Cue shall not be responsible for any lost or stolen items.
h. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.
i. The climate of the Facility is controlled by Body on Cue and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
5. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at Body on Cue while under the influence of drugs, alcohol, or medication that may impair Member`s ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording of Members other than yourself is permitted within the Facility without the express written consent of Body on Cue`s management, and the other Member. Body on Cue reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
6. DRESS/TOWEL POLICY. Body on Cue requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member`s use.
7. MEMBERSHIP TYPES. Body on Cue offers a full access membership only.
8. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
9. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
10. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
11. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
12. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Indiana.
13. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
14. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update Body on Cue of any change in my
I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.
TERM. All memberships of Body on Cue are annual and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days written notice, with an in person filing of the termination agreement signed. No refunds will apply. Should a contract need to be cancelled, if it is for purposes of military service, medical, or moving out of the area, these 3 reasons will be permitted a ONE time only exception to cancel without cancellation fees being applied. However, in order to receive this exception, proof of military deployment, medical leave, or change of address outside the area of more than 40 miles is required with the written cancellation notice. For those who do not qualify for this exception, any membership cancelled prior to the one year fulfillment will be charged 50% of the remaining balance of the contract at time of cancellation.
SUSPENSION AND TERMINATION. I understand that Body on Cue may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of Body on Cue`s policies and procedures, and that in so doing, Body on Cue assumes no further liability to adhere to the terms of this Agreement.
There are situations that call for a freeze on the account by the member. Should this be the case, it is based off of what type of case as to the duration of the freeze. All freezes will be subject to a $10/month freeze fee.