Member understands that fitness activities, especially strength and aerobic training, involve a potential for risk of physical injury and related damages. Member understands CLUB does not manufacture the fitness and other equipment at CLUB, but purchases and leases the equipment from third parties. Member acknowledges that members generally will use the equipment and engage in other fitness activities at CLUB without close supervision, and that each Member will be solely responsible for his/her safe and appropriate use of CLUB facilities. Member therefore expressly agrees to assume the risk that he/she, or his/her guest, may suffer Injury or damage as a result of his/her use of CLUB facilities and equipment, and agrees for hlmself/herself and on behalf of his/her guest and personal representatives or successors or assigns, as applicable, that CLUB (including its owners, partners, members, directors, officers, attorneys, employees and agents) will not be liable for any damages nor injuries Member may suffer In or about CLUB except to the extent such damages or injuries are the result of the sole negligence or willful misconduct of CLUB. Member also agrees that CLUB will not be responsible or liable tor any loss, theft or damage to Member`s personable property In or about CLUB, including any personal property kept in a Members locker.
It is a condition of the use of the CLUB facilities and premises, for exercise or otherwise, by any person including all MEMBERS and their guest(s) (children or adults), that such person or persons voluntarily assume(s) all risks of accident or damage of his / her person or persons and loss thereof whether caused by the fault of CLUB, its officers, agents, employees or any other entity or person(s); further, MEMBER(s) voluntarily assume(s) any such risk any guest (minor or adults) they allow or cause to attend. The MEMBER agrees that MEMBER(s) undertake the sole responsibility for attending the facilities at the locations offered by CLUB. Neither CLUB nor Its officers, agents or employees shall be liable for any claim, liability or demand of any kind sustained by any person, his/her heirs or executors, whether caused by negligence, fault, failure, or otherwise, howsoever. Neither CLUB no its officers, agents or employees shall be liable for any liability or demand of any kind whatsoever relating to the usage of MEMBER of the facilities of Clubs associated with Club. MEMBER agrees to hold CLUB, Its officers, agents and employees harmless from any claim, liability or demand of any kind for, or an account of, personal Injury, damage or loss of any kind based, in whole or part, upon the MEMBER(s)` claim that he or she had agreed to assume risks specified above.
MEMBERSHIP AGREEMENT
The undersigned ("Member") hereby purchases a European Fitness Center ("CLUB"). Membership from the under-signed CLUB on the terms and conditions set forth herein. Member promises to pay for such membership in accordance with the terms set forth herein. The adjacent disclosures, if completed, represent Members obligation to CLUB for the financing of Members initiation fee, and the undersigned agrees that it shall constitute part of this agreement. The membership price includes processing, program counseling and facilities usage. This membership is subject to such reasonable rules and regulations, including hours and day of operation, as may be in effect from time to time at the CLUB.
The amount of these dues shall not Increase. Member shall pay a card fee of $20 per membership within 30 days of enrollment. In the event the membership become Inactive for 13 months, after the initiation fee Is paid, members` monthly fee Is guaranteed at reinstatement.
FAILURE TO USE CLUBS FACILTIES WILL NOT RELIEVE MEMBER OF MEMBER`S OBLIGATION TO PAY ALL INSTALLMENTS REQUIRED HEREUNDER. THIS MEMBERSHIP IS PERSONAL TO MEMBER AND MAY NOT BE ASSIGNED OR TRANSFERRED EXCEPT AS OTHERWISE PROVIDED HEREIN.
Member acknowledges that CLUB has neither made claims as to medical results nor suggested medical treatment to member.
Member may cancel this contract by giving the CLUB written notice of the cancellation within three (3) business days after receiving a copy of the contract. This notice must be delivered in person or by mail postmarked by midnight of the 3rd day. CLUB shall return all monies paid by the MEMBER within 15 days after it receives the notice of cancellation.
A copy of CLUB`S current Rules and Regulations appears on the reverse side of Member`s copy of this Agreement. Member agrees that these Rules and Regu- lations shall constitute part of this Agreement and further agrees to comply therewith, and with all changes as they may be made from time to time by CLUB. All changes in Rules and Regulations shall be effective upon posting at CLUB facilities.
CLUB reserves the right to revoke membership at its sole discretion in the event of misconduct by Member.
Member and CLUB acknowledge that this Agreement constitutes their entire agreement and understanding and is evidence of Member`s obligation and not of payment thereof. CLUB makes no warranties and no representations, express or implied, other than those set forth herein, and as to those. Members sole and exclusive remedy in the event of breach shall be cancellation of this Agreement In no event shall CLUB be liable for consequential damages." If any portion of this agreement be held unenforceable, such portion shall be disregarded and the remainder shall remain in full force and effect.
NOTICE: The seller intends to sell this contract to Future Finance Company, which if it buys the contract, will become the owner of the contract and your creditor. After the sale of this contract, all questions concerning either the terms of the contract or payments should be directed to the buyer of the contract at 2999 South Virginia Street, Reno, NV 89502.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR SHOULD 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.
In the event of any default of this contract by the Member seller shall be entitled to recover its reasonable cost of collection actually incurred, whether or not suit is initiated, as well as its reasonable attorney fees and court cost at trial or appeal. Reasonable attorney fees and cost shall be defirl8d as those cost actually incurred by seller in securing, enforcing, or obtaining the performance of member under the contract and Its terms or provisions.
In the event of the default of any provision of this contract by the member, the seller may, at its option, declare all sums now or in the future due and payable under the terms of the contract, payable immediately without further notice or demand.
Notice to the Buyer
(a) Do Not sign this contract before you read it or if any spaces intended for the agreed terms, except as to unavailable information are blank.
(b) You are entitled to a copy of this contract at the time you sign it.
(c) You may at any time pay off the full unpaid balance due under this contract, and in so doing you may receive a partial rebate of the finance charge.
RULES AND REGULATIONS as set forth are part of the membership agreement and MEMBERS are obligated to observe and comply with the same. CLUB may make reasonable changes from time to time. Said changes shall be posted on the premises by CLUB.
HOURS. The hours and days of operation shall be posted on the premises. Hours and days of operation shall be subject to reasonable change at the sole discretion of the CLUB.
SIGN IN MEMBERS must sign In and show membership card on every visit If requested. A $10.00 replacement fee will be charged for duplication of card. CLUB reserves the right to Issue new membership cards to replace MEMBER(s) existing membership card and require MEMBER(s) to present new membership card for admittance to CLUB. CLUB has the right to require a second fonn of Identification such as driver`s license that it deems necessary.
USE OF FACILITIES. In order to insure that CLUB facilities are properly maintained. CLUB reserves the right to temporarily close for not more that one week at any time during the year. CLUB may be closed on legal holidays. Also CLUB may be closed for not more than 10 days per calendar year for Open House tours. Should the facilities of CLUB be temporarily unavailable for `MEMBERS" use due to damage by fire, act of God, catastrophe or accident, the `MEMBERS" dues shall be waived or `MEMBERS" time extended for a period equal to the lime of such unavailability . If for any reason whatsoever CLUB permanently closes a facility, it may transfer this membership to one of its other facilities providing said facility is not more that six miles form the closed facility.
TRAVEL PRIVILEGES. Check with CLUB for a list of clubs associated with CLUB. From time to time, membership in CLUB is honored by certain other associated Clubs. Since CLUB has no control of said other Clubs, MEMBER agrees that CLUB herein offers only the use of its CLUB facilities and the honoring of memberships at any other associated Club is at the option of that Club. Many associated Clubs honor membership for a maximum of two years.
VIOLATION OF POSTED RULES AND REGULATIONS. Reasonable rules and regulations may be posted form time to time by CLUB and all membership agreements shall be subject to strict compliance therewith. Failure by MEMBER to so comply shall permit the CLUB to revoke such membership without any further obligation to MEMBER, said revocation to be effective upon notice to MEMBER.
FACILITY RULES. Positively no smoking on the premises. No one is permitted in swirlpool area without a towel. You must dry off before leaving swirlpool area. You must dry off before leaving the shower area. Lockers are provided on a per visit basis only. CLUB is not responsible for lost or damaged articles. Locks left on lockers overnight will be cut off and clothing donated to charity. MEMBERS must provide their own: Two towels (one for shower, one for swirlpool), soap, wearing apparel (per dress code) and locks for lockers. MEMBERS 10-15 years old must be accompanied by parent.
DRESS CODE EXERCISE FLOOR
MEN. Short sleeve full length t-shirt and sweat pants or jogging sweat suite. All with undershorts or supporters. Sweat socks and rubber soled gym shoes.
WOMEN. Tights and leotard or jogging suit or sweat suit. Sweat socks and rubber soled gym shoes.
DRESS CODE SWIRL POOL AREA
MEN. Swim suits with supporter - no cutoff clothing allowed.
WOMEN. Modest 1 pc. or 2 pc. swimsuits - no bikinis - no cutoff clothing allowed. All clothing must be laundered regularly.
DRESS CODE VARIES CLUB TO CLUB AND MEMBER AGREES TO COMPLY WITH THE DRESS CODE OF
WHICHEVER CLUB HE/SHE ATTENDS. THE DRESS CODE MAY BE CHANGED AT THE DISCRETION OF THE CLUB.
GUEST PRIVILEGES
The cost to bring a guest to CLUB is $15. MEMBER may bring guest on an unlimited basis by registering the guest with the front desk and paying the guest fee. Guest must be 18 years of age or older, 14 years of age if accompanied by parent.
In order to promote the sales of memberships. CLUB`S Public Relations Department will absorb the $15 guest fee, for those guests that are deemed by club management to be prospec1ive members, if: the guest is over 21, a resident of the area, has never previously been a guest, and allows lime for personnel to present membership information.
MEMBER acknowledges that there are peak hours for usage of the facilities and should the MEMBERS wish to avoid these peak hours, it is their sole responsibility to adjust the schedule of their attendance to the club to the non-peak hours.
This membership is not assignable, transferable or cancellable by MEMBER except as otherwise provided herein, or as provided for by law.
WITHOUT RECOURSE ASSIGNMENT AND GUARANTEE
For VALUE RECEIVED, the agreement herein assigned between the purchaser and the undersigned, and all rights, title, interest of the undersigned in and to the property therein described, together with all monies due or to become due and payable thereunder and hereby sold, assigned, and transferred by the undersigned to its successors and assigns. The undersigned hereby unconditionally guarantee the prompt and full performance of all the terms, conditions, and obligations of the undersigned In said agreement.
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.