Member registration

Payment Authorization: I, authorize Fox Fitness, to charge my credit card account listed above, or to debit my deposit account listed above by Electronic Funds Transfer (EFT) or by debit or credit card for all applicable fees incurred in connections with my membership, including but not limited to Monthly dues, Annual fees, and incidental charges. This authorization is to remain effective until Fox Fitness has collected for all charges assessed in connection with the terms and conditions of this Agreement.

You hereby acknowledge that use of and access to the premises, facilities, services and equipment of Fox Fitness involves a risk of injury to you, your guests and family, whether caused by the actions or negligence of you, someone else, Fox Fitness or its employees. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your acceptance of the benefits of this contract and being permitted to enter any club or facility of Fox Fitness for any purpose, you understand and voluntarily accept this risk and agree that Fox Fitness, its employees, owners, officers, directors, agents, assigns, volunteers, and independent contractors will not be liable, and you forever give up and waive any claims or demands, for any injury, including, without limitation, personal, bodily, or mental injury, death, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of Fox Fitness anyone on Fox Fitness behalf or anyone else, whether related to fitness and exercise activities or not. You agree to indemnify, defend and hold Fox Fitness harmless from any loss, liability, damage or defense costs, including attorney`s fees it may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by your negligence or other wrongful acts or omissions, or (ii) brought by you, your guests, or minor children, even if Fox Fitness was negligent. You further agree that Fox Fitness will not be responsible or liable for any loss, theft, or damage to any of your property in or about the premises of Fox Fitness including, but not limited to, any personal property left in a locker or automobile. You further agree that the foregoing Release of Liability and Assumption of Risk is intended to be as broad and inclusive as is permitted by the laws of Texas and that if any portion hereof is held invalid the balance shall continue in full force and effect. 
 

I allow Fox Fitness or any party designated by Fox Fitness may photograph or film me while I attend the premises of Fox Fitness and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.

The required physical exertion may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.

In consideration of my being permitted to participate in the Classes, I for myself, my heirs, executors, administrators, successors, assigns and anyone else who may claim on my behalf hereby waive any and all claims, liability and damages I may now or in the future have against Fox Fitness, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to my person or property of any kind whatsoever, no matter how caused arising from or in connection with my participation in the Classes, however caused.

I will comply with all the rules and regulations of Fox Fitness.

 

In witness whereof, I have executed this release and the above terms, upon the signing of this document.

 

Waiver and Release of Liability for Sauna Use 

I, hereby accept all risks associated with my voluntary use of the Sauna at Fox Fitness and release and forever discharge Fox Fitness, its employees and staff, and any other officers, agents, or volunteers of Fox Fitness (“RELEASEES”) from any and all responsibilities or liability from injuries or damages resulting from or connected with my use of the sauna whether arising from the negligence of the RELEASEES or otherwise. 

1. I acknowledge and accept the risks inherent in the use of the Sauna. Other possible risks may include social and economic losses which might result not only from the RELEASEES own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death. 

2. I further acknowledge and understand that Fox Fitness, its personal trainers, and other employees are not medical doctors or physicians and that any information or guidelines provided by Fox Fitness, its personal trainers or other employees carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for a particular purpose. I understand that the above stated entities are not attempting to portray or conduct the activities of a medical doctor. 

3. I understand that a physician’s approval is required for certain sauna users and have obtained and provided a signed approval from my physician if I meet one or more of the following criteria: history of stroke, heart attack, multiple sclerosis, circulatory system problems, or diabetes. Sauna use is NOT recommended for anyone who is 1) pregnant, or 2) has a pacemaker. It is also highly recommended that any individual taking any medications consult a physician prior to use of the sauna. 

4. I have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions for use of the Fox Fitness Sauna. I understand the risks and benefits of the use of the sauna and any questions that I may have had have been answered to my satisfaction. 

Upon participation, I do hereby discharge, release and hold harmless Fox Fitness and its employees, staff and board members, and any other officers, agents or volunteers of Fox Fitness from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition I may suffer, or resulting from my participation except if such damage(s) or injury(s) is primarily the direct result of gross negligence or misconduct of the RELEASEES and not caused in part by my own negligence. 

 

Terms of Service for Sauna Use 

Sauna users agree to each and all the following terms: 

1. Users must be current Fox Fitness members, or purchase the necessary day or week passes to utilize the facility during sauna sessions. 
2. Users must hold one of the following valid and current forms of payment for their membership.  
3. Fox Fitness reserves the right to deny services to participants who may not be able to use the sauna safely. A user may be required to consult a physician and/or provide medical clearance documentation before using sauna. 
4. The use of drugs or alcohol prior to or during the sauna session is not permitted for your safety. 
5. All users will always wear clothing in the sauna, a minimum of a bathing suit. 
6. All users will place a clean towel on any surface they will sit or lie down on, as well as a towel on the floor of the sauna. It is recommended to bring towels for your own use. 
7. All users will wipe down interior sauna surfaces with a towel after session is completed. 
8. All users will hydrate properly before and after sauna session. 

9. Sauna users between the ages of 13 and 17 must have a supervising adult. Children under 13 are not allowed to use the sauna. 

10. No more than three individuals may use the sauna at one time. Each user must sign a Waiver and Terms of Service and provide a form of payment as stated in item 2. 

11. Sauna sessions are limited to a maximum of 45 minutes, no exceptions. Everyone is limited to one session per day, regardless of session length, no exceptions. 

12. Sauna sessions are first-come first-serve. Fox Fitness will not take reservations for time slots. 

13. Fox Fitness staff may enter sauna room during any session at any time to check on sauna users, for their own safety. Staff will knock before entering but may not be impeded from entering. 

14. If a sauna user feels dizzy, lightheaded, nauseated, overheated, or otherwise unwell, they should immediately discontinue use and advise Fox Fitness staff. In a medical emergency, call 911. 

15. Fox Fitness reserves the right to cease or deny services to users for reasons including but not limited to breaking any of the above listed terms of service. 

 

Cubs Corner Policies Procedures and Waiver:

Cubs Corner Hours:

• Monday-Thursday 8am-12pm & 4pm-8pm
• Friday 8am-12pm
• Saturday: 9am-1pm
• Sunday: Closed
• Summer Break Hours will extend the childcare to 2pm on weekdays. 

1. Please bring your child directly to the Cubs Corner before starting your workout

2. Children are not allowed in the gym or group fitness workout area.

3. Children will be released ONLY to the person who dropped them off.

4. Please bring your child freshly diapered. Diapers will NOT be changed by the childcare staff. If your child does need his/her diaper changed, then the childcare staff will ask you to leave the class to change your child.

5. For the well-being of the other children and staff, please refrain from bringing a sick child into the childcare area.

6. Please label all your child’s belongings with his/her name.

7. The Cubs Corner room will provide age-appropriate toys. For safety and hygienic reasons, we ask that you refrain from bringing in your child’s own personal toys.

8. Disruptive or inappropriate behavior will not be tolerated. In these circumstances, parents will be notified immediately.

9. If a child is inconsolable, parents will be notified and asked to return to the childcare room to assist the staff.

10. Medications will not be administered by the childcare staff.

11. The Cubs Corner may shut down early or close due to staff schedules, holidays, or combine the studio and main gym Cubs Corners without notification at the discretion of Fox Fitness. 

I, hereby hold harmless, waive and release Fox Fitness, their child care staff, coaches, employees, volunteers, officers, representatives, agents, organizers, contract trainers and successors from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the participation of childcare, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. I understand that the childcare services are provided only while I am present in the building. I understand that if my child becomes inconsolable during the class session, I am responsible to leave class and attend to my child. I understand that children are not allowed in the gym workout area at any time. I understand that this is not a licensed childcare facility.

 

 

Annual Fee: I understand there will be an annual enhancement fee of $25.00 no matter the membership type. The Annual Fee is due and payable each year of the 3rd month, in accordance with the month of your membership enrollment date, so long as the membership is in effect. The annual charge will allow us to upkeep our current equipment and/or add equipment. This additional fee allows us to go over and beyond just maintaining a nice facility. It allows us to keep it ever changing and growing to offer our members the best!

ARTICLE I: SUSPENSION AND CANCELLATION OF MEMBERSHIP

A MEMBERSHIP MAY BE CANCELED BY MEMBER:

• Within the first 3 business days, of Signing up. 
• After the 3 day period, by providing us with notice at least thirty days prior to the date you want your cancellation to be effective (See Article I, Section 3, below).
• In the event of a Death or Verified Disability (See Article I, Section 5, below).
• In the event of a Qualifying Relocation (See Article I, Section 6, below).

Section 1. Suspension or Cancellation of Membership for Nonpayment. If Member fails to pay any obligation owing to Fox fitness within 30 days after the obligation becomes due Fox Fitness may, at its discretion, suspend or cancel Member`s membership. Until Fox Fitness suspends or cancels membership (or, if applicable, membership is canceled by Member in compliance with the terms for cancellation set forth in the other sections of this Article I), monthly membership fees and charges will continue to accrue. Member is responsible for full payment of all membership fees and charges and any bank "returned item" fees and processing fees and delinquency charges accruing prior to membership cancellation, including while membership is suspended. If membership is suspended, Member may have membership reinstated to active status by paying all past due and current membership fees and charges in full. 

Section 2. Cancellation for Violation of Rules or Misconduct. All Members agree to and are subject to Fox Fitness` published rules and policies, as they may be amended from time to time by Fox Fitness in its sole discretion. The rules are posted in the clubs, are available at the front desk, or can be found in this agreement. Fox Fitness reserves the right at any time to cancel the membership, or membership privileges of any individual on a membership, for failure to comply with any of the rules and policies of Fox Fitness, for any violation of the terms of this contract, or for any conduct Fox Fitness deems to be improper or harmful to the best interests of Fox Fitness, its staff and its members. The membership, or membership privileges of a particular individual on a membership, may be canceled in person, by email notification, or written notification mailed to the last address on Fox Fitness records for the membership. Any suspension or cancellation of membership initiated by Fox Fitness shall be effective when transmitted by Fox Fitness regardless of when, or if, Member receives it. Any membership fees and charges owing to a Member following a cancellation by Fox Fitness pursuant to this section will be refunded to Member within 30 days of the effective date of cancellation. 

Section 3. Voluntary Cancellation. Upon signing this agreement I understand that there will be a $200 cancellation fee to break the 12 month agreement. I understand I may request cancellation with a 30-day cancellation notice, requested via e-mail to the location where the member is enrolled or in person. Any outstanding balances plus any monthly program installments scheduled during the 30-day notice period and cancellation fee if still under an agreement, will be due in full at the time of cancellation along with a signed cancellation form by account holder to satisfy the cancellation policy unless canceled under the provisions of the Health Spa Act.

Cancellations after the 3rd day of this contract for reasons other than those specified in Article I, Sections 4, 5, and 6 shall be requested at least 30 days prior to the date said cancellation will be effective. Any prorated membership fees and charges owed for the 30-day cancellation period, plus any unpaid balances, must be paid by the end of the 30-day cancellation period or, if Member is enrolled in Auto Pay, on the last monthly Auto Pay payment. 

Section 4.Auto-Renewal Cancellation: This auto renewal can be canceled with a 30-day cancellation notice, requested in person at the facility or submitted via e-mail to the location where the member is enrolled. Any outstanding balances plus any monthly program installments scheduled during the 30-day notice period will be due in full at the time of cancellation along with a signed cancellation form by account holder to satisfy the cancellation policy unless canceled under the provisions of the Health Spa Act.

Section 5. Cancellation Due to Death or Disability. Should Member die or become verifiably disabled and therefore unable to receive all services for which he/she has contracted, Member or his/her estate shall be relieved of obligations for payment for services other than those received prior to death or the onset of disability and shall be entitled to a prompt proportional refund of prepaid membership fees and charges for services not yet received. Member agrees that in the event he/she claims disability, he/she may be required and hereby consents to submit written confirmation from his or her qualified health care provider that Member is unable to use the services of the club. If verification of disability is not provided at the time Member requests cancellation and is thereafter requested by Fox Fitness it must be received by  Fox Fitness within ten (10) days after Fox Fitness` request is sent to Member in order for cancellation to be effective as of the date of Member`s cancellation request. Failure to provide the verification within ten (10) days of Fox Fitness` request will delay the effective date of the cancellation to the date the verification is received by Fox Fitness.

Section 6 Cancellation Due to Relocation. Should Member move further than 30 miles from Fox Fitness, Member shall be relieved from the obligation of making payment for services other than those received prior to the move.  Member must submit documentation verifying the relocation within ten (10) days of Member seeking to cancel the membership based on the relocation. Failure to provide the required documentation within ten (10) days of Member`s cancellation request will delay the effective date of the cancellation to the date the documentation is received by Fox Fitness and may result in paying the $200 cancellation fee. 

Section 6. How to Request Cancellation. For any Member cancellation allowed pursuant to this Article I, Member must request cancellation either (1) via email to [email protected], (2) via first-class mail to Fox Fitness Member Services, 965 E. 87th Odessa TX, 79765 or (3) in-person at the physical Fox Fitness facility. A cancellation request shall be deemed submitted on the date it is received in the facility, whether via email or first-class mail, or, in the case of in-person cancellation at the Fox Fitness facility, upon issuance of the Fox Fitness email confirming receipt of the cancellation request. 

Section 7. Survival of Rights and Obligations. Any rights and obligations of either Fox Fitness or Member that are intended to survive cancellation of this contract will continue after cancellation to the extent permitted by law. 

ARTICLE II: INITIATION FEES, PROCESSING FEES, MEMBERSHIP BILLING CYCLES, CHANGES, MEMBERSHIP FREEZE, RENEWALS, MEMBER ADD-ON, COLLECTIONS.

Section 1. Initiation Fee: There may be a one-time initiation fee which Member and/or Buyer shall be required to pay upon execution of the agreement and acceptance of the Terms and Conditions with Fox Fitness or as otherwise agreed to by Fox Fitness. This fee will change from time to time at Fox Fitness discretion. This fee is nonrefundable. Resignation from Fox Fitness shall not terminate the obligation to pay the initiation fee in full. There will be no further initiation fee as long as the Membership has not been terminated or expired.

Section 2 Processing Fees/Cash Discount. Member understands that they may opt to pay the monthly dues by bank draft to receive a "cash discount". Member understands that a 4% fee is added to membership dues or all point of sale transactions if a credit or debit card is used as a method of payment. 

Section 3 Membership Billing Cycle. I understand my next payment is on one of the following billing cycles depending on sign up. 1st, 5th, 10th, 15th, 20th or 25th.

Section 4 Changes. Except as otherwise provided herein, all membership fees and charges are subject to change by Fox Fitness at any time. Fox Fitness shall provide advance written notice of such changes to Member. Any allowed Member requested changes to the contract terms (i.e. adding or deleting additional members, etc.) must be requested by Member in writing, at the physical facility. Member’s requested changes will be confirmed by email to Member at the email address Fox Fitness has on file for Member (Member is reminded to notify Fox Fitness of any changes to Member’s primary email address) or authorized through a secure online transaction. 

Section 5 Auto Pay. Member is responsible for timely notifying Fox Fitness of any changes to Member`s designated account information used for auto pay of membership dues.

Section 6 Membership Renewal. After the initial Term has expired, this Agreement shall automatically continue from month to month at the prevailing membership rate, which is subject to change, until I contact Fox Fitness in writing to cancel. I am responsible for all charges billed or incurred prior to cancellation. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.

Section 7 Membership Freeze. After 30 days of active membership, Member may request to have the membership placed on hold for a period not to exceed three (3) months, which Fox Fitness may consent to in its sole discretion. If Member`s hold is approved, Member will be charged a monthly hold fee in accordance with Fox Fitness of $10/mo, but no other membership fees and charges will be billed or collected during the hold period, except the Annual Fee (if it becomes due during the hold period), and Member`s right to use Fox Fitness clubs will be suspended during the hold period. At the end of Member`s hold period, the membership will be reinstated to active status and monthly charges for Member`s membership fees and charges will resume automatically in accordance with Member`s existing Auto Pay terms. Continuous Service and Cancellation provisions in this contract remain in effect at the end of the hold period.

Section 8. Payments Payable to Fox Fitness; Electronic Processing of Checks. Checks must be made payable to "Fox Fitness". Member will not be compensated for payments made directly to any Fox Fitness employee. If Member provides a check as payment, Member authorizes Fox Fitness either to use information from Member`s check to make a one-time electronic fund transfer from Member`s account or to process the payment as a check transaction. 

Section 9 Membership Add-On For Contract Plans: Individuals with an active and current contract membership, may purchase Add-On members of the household with proof that members live in the same household for a discounted member "add on" rate of $30 plus tax a month. The "add on" member must be 18 years or older. You may add on a youth member from age 14-17 for a discount "add on" rate of $20 plus tax a month. Youth members add-on`s 14-15 years old must be accompanied by a guardian of 18 or older. Youth members 16-17 years old may workout alone and the signature on this agreement allows youth members add-on`s ages 16-17 years old to workout alone unaccompanied and will be subject to the waivers above in the terms and conditions. Add-on`s may be canceled at any time and subject to a cancellation fee of that account. If the main account holder wishes to cancel the "Individual Membership" any youth add-ons will be automatically canceled. Any 18+ add-ons will be upgraded to the "individual membership rate" unless requested to cancel once the contract of the agreement is fulfilled. 

Section 10 Late Fee. I will pay a late fee of $25.00 for any payments 30 days past due. If your account is past due by three payments or your account is 90 days past due it will be sent to collections for the past due and the remaining amount of the contract.  I acknowledge that I am responsible to pay the remaining balance and past due of the Agreement in full, in addition to any and all recovery charges incurred once it is sent to collections. I agree that my account may be placed in collections if not paid according to the agreement.

Section 11 Collections. Member agrees that Fox Fitness shall be entitled to all of its costs of collection, including attorneys` fees, in the event of any 90 day default by Member of any financial or monetary obligation owing hereunder. Fox Fitness reserves the right to charge interest on past due balances to the extent allowed by law. In the event of any default by Member hereunder, in addition to any other authorized methods of communication, Fox Fitness may contact Member by way of telephone calls and emails at the telephone and/or cell phone number(s) Member has provided to seek payment, but not for marketing or other purposes unless member has provided express written consent thereto. Fox Fitness reserves the right to cancel the membership and send all past due amounts and the remaining amount of membership contract to a collection agency for collections at which they may report to a credit bureau for non payment. 

 

ARTICLE III: ADDITIONAL TERMS AND CONDITIONS, WAIVER AND RELEASE:

Section 1. Temporary Closures or Changes to Facilities. Membership fees and charges are not reduced or suspended during closure, whenever one or more of the clubs is not available for use, or in the event of changes to equipment, facilities and/or class offerings at a club. 

Section 2. Electronically Scanned Membership Contract. Fox Fitness reserves the right to maintain the membership contract, and any and all other documents related to Member`s membership with Fox Fitness in a digital version, and the Member consents to the use and enforceability of a digital version in all future matters. 

Section 3. Transfer of Membership. Member may not transfer membership. 

Section 4. Member Contact Information. Member is solely responsible to notify Fox Fitness promptly of any changes to Member`s address, telephone number or email address. Any notifications or communications required by this contract or under the law shall be deemed effective when sent to Member using the most recent contact information Member has supplied to Fox Fitness. Fox Fitness may deliver information and notices about the membership and this contract ("Notices") to Member by electronic delivery (i.e. email), unless Fox Fitness is required by law or a specific provision of this contract to provide Member with Notices by another means (i.e. US Mail). Notices eligible for delivery to Member by electronic means include, but are not limited to, those regarding renewals, membership fees and charges, increased fees, variances in payment amounts to be charged/debited to Member`s Auto Pay, updates or changes to AutovPay accounts, Auto Pay processing problems or returned/declined payments, maintenance, repair or alteration of equipment, facilities and clubs, discontinuation of or scheduling changes related to classes or other service offerings, and amendments to club policies and rules. 

Section 5. Payments on Corporate, Third-Party, or Employer-Sponsored Memberships. In the event any portion of the membership fees and charges are paid by a third-party, including, without limitation, by Member`s employer, whether as a direct employment benefit, through an employee payroll deduction, or by some other means, Member remains responsible for the timely payment of all fees and charges due hereunder and is subject to all remedies available to Fox Fitness in the event any such fees and charges are not timely paid, including suspension or cancellation of membership and collection of past-due and unpaid amounts. Membership is not automatically canceled if employer or other third-party discontinues making payments on behalf of Member. $11.00 per month will be added to Member`s bill for manual statement billing if employer or other third-party discontinues making payments on behalf of Member and Member does not sign up to make payments through Fox Fitness` Auto Pay program. 

Section 8. Contact / Collections. I authorize Fox Fitness to deliver to me, at the telephone, cellphone, or email address (es) provided, telemarketing calls, emails and texts and informational calls, emails and texts.

The Member acknowledges and agrees as follows:

1. I have chosen to enter into an agreement with Fox Fitness to use the facility for exercise.

2. Upon completion and full payment of any contract or month to month I understand that it will automatically renew unless requested to cancel under the cancellation policy.

3. Fox Fitness or any party designated by Fox Fitness may photograph or film me while I attend the premises of Fox Fitness and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including,but not limited to, the internet.

9. I hereby agree that if Fox Fitness, is unable to process my payment from the designated account provided by me Fox Fitness is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained on section 9 of this agreement.

10. In addition to any rights and remedies it may otherwise have, Fox Fitness may terminate at any time without notice if I fail to comply with my obligations under this Agreement 

11. Refunds and Transfers of Services; Membership dues, enrollment fees, packages and sessions are non refundable and non transferable. Only the buyer/members is authorized access to the facility and to use the active services on the account and as outlined in this agreement.

12. Failure to attend the gym or any classes does not relieve me of the obligation to pay the full tuition for the membership in which I am currently enrolled. 

13. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.

14. Oral Statements: No oral promises or statements made by staff or other members of Fox Fitness are part of this contract. 

15. Fox Fitness is committed to protecting the privacy of personal information of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you, and manage our ongoing business relationship with you.

16. I acknowledge receiving a copy of this Agreement.

17. I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns my have against Fox Fitness.

18. Upon signing this agreement, I acknowledge that I am responsible for my assigned key fob or mobile pass. I understand that I am not allowed to bring in non members after hours or allow non members to use my key fob or mobile pass. If this is violated, I may be subject to a fee for every non member allowed in or the revoking of my membership. If my membership is revoked, I agree to pay the remaining balance of the Agreement in full. I also acknowledge that if my membership is past due and I continue to use the facility under a delinquent membership, I am subject to extra charges per day of use of the facility.

ARTICLE IV: CLUB HOURS AND AMENITIES

Except for all Federal, State and Local holidays, the minimum hours of operation of Fox Fitness` Front Desk Staffed hours shall be Monday through Thursday 8:00 am to 8:00 pm, Friday 8:00am to 3:00pm, Saturday 9:00 am to 1:00 pm and Sunday closed and Cubs Corner Child care Staffed hours shall be Monday through Thursday 8:00am to 12:00pm, 4:00pm to 8:00pm, Friday 8:00am to 12:00pm, Saturday 9:00am to 1:00pm and Sunday closed. Hours vary during summer break for Child care.  Fox Fitness offers a variety of weight lifting equipment, free weights, cardio equipment, circuit training equipment, locker rooms, saunas, childcare, supplement store and group fitness classes. Fox Fitness reserves the right to make changes to the facilities, hours of operation, equipment and amenities, but not limited to, the type or quantity of classes, equipment or services at its clubs. 

ARTICLE V: INAPPLICABILITY TO OTHER CONTRACTS SUCH AS THIRD PARTY PERSONAL TRAINERS

Any agreements related to personal training or other services are separate and not incorporated or a part of this contract. Those services are governed by separate agreements and contracts, including separate cancellation and payment provisions. 
 

ARTICLE VI: YOUR PHYSICAL CONDITION

It is recommended that before any member listed on this Contract engages in physical activity, he or she should consult with his or her physician.

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids. 

 

Fox Fitness Rules and Regulations

·        You must check-in at one of the kiosks at the front desk.

·        No tobacco, drugs, or illegal substances of any kind are allowed in the facility or on grounds.

·        You are expected to act in a courteous and respectful manner. Profanity, yelling, rude or boisterous behavior will not be tolerated.

·        The Fitness Center staff will determine the music selection on the center`s sound system. Personal headsets or earbuds are welcome as long as the volume is not disruptive to others. No personal boom boxes, blue tooth speakers, or Stereos allowed.

·        Please wipe down the equipment after use.

·        Equipment is not to be removed from the fitness facility.

·        Athletic Attire must be worn to use the Fitness Center.

·        Closed-toes shoes appropriate for exercise must be worn at all times. Sweatshirts, t-shirts, shorts or exercise pants. 

·        Weight plates are not to be leaned against equipment standards and machines.

·        After utilizing equipment,  please return plates and dumbbells to proper storage areas.

·        Dumbbells and weight plates cannot be dropped on the floor for any reason.

·        It is the member`s responsibility to follow posted rules. Please ask the staff on duty if you have any questions or need assistance.

·        The fitness center staff is not responsible for the storage of the users` valuables.

·        Use of the Fitness Center is considered a privilege. Individuals who do not comply with the established policies will be asked to leave and may have their membership revoked.

    Children 12 and under are not allowed on the gym floor at any time. They may use the Cubs Corner during operating hours.

 

(1) "NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES."

(2) "IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY 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 YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
(965. E 87th St. Odessa, TX 79765)
(3) "IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 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:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
(965. E 87th St. Odessa, TX 79765 )



(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE`S INTERNET WEBSITE.



(4) "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 WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
965 E. 87th ST. Odessa, TX 79765

You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, electronic mail, facsimile or personal delivery. If you send the notice of cancellation by registered mail, electronic mail, or facsimile, it does not matter if the seller receives the notice within the required period as long as you sent it within the required period.
In witness whereof, I have executed this release and the above terms, as of today.