If you wish to cancel this agreement, you may cancel in person or by mail, with signature, to the seller. You must give notice, in writing that you do not wish to be bound by the contract. This notice must be delivered or mailed before midnight of the tenth (3) business day after the date of the contract so entered into. All cancellations must be delivered or mailed to: Fitness 500 Club, 540 Main Street Hyannis, MA. 02601. 1. This contract may be cancelled before Midnight of the tenth (3rd) day after the date of the contracts entered into. The notice of the buyerï¿½s cancellation of his or her contract shall be in writing and shall be made in person or by mail to the seller at the address specified in the contract. 2. The buyer shall be relieved from any and all obligations under the contract, and shall be entitled to a refund of any prepaid membership under the contract if: A buyer relocates further than fifteen (25) miles from a comparable health club facility operated by the seller; 3. If the health club facility relocates further than fifteen (25) miles from its current location, or the seller does not maintain a health club service within a fifteen (25) mile radius from its current location; or if the health club services or facilities are not available to the buyer because the seller fails to open a planned health club or location, permanently discontinued operation of the health club or location or substantially changes the operation. 4. If a buyer becomes significantly physically or medically disabled for a period in excess of three (3) months during the membership term, he or she has the option: (i) To be relieved of liability for payment on that portion of the contract term for which the purchaser is disabled and receive a full refund of any prepaid membership on the contract; or (ii) To extend the duration of the contract at no additional cost for a period equal to the duration of the disability. The health club may require that a doctors certificate be submitted as verification of the disability. 5. In the event of the buyers death, his or her estate shall be relieved of any further obligation for payment under the contract and shall be entitled to a refund for any prepaid membership for the unused portion of the contract. The health club may require verification of death. 6. A health club contract which does not comply with the provisions of this chapter is voidable at the option of the buyer. 7. Upon cancellation pursuant to this section, the buyer shall be free of any and all obligations under the contract and any prepaid monies pursuant to this contract shall be refunded within fifteen (10) business days of receipt of the notice of cancellation. The right of cancellation shall not be affected by terms of the contract and may not be waived or surrendered. 8. BY EXERCISING YOUR RIGHTS TO CANCEL WILL RESULT IN A $100 FEE, TO BE PAID AT CANCELLATION, IF YOU HAVE NOT YET COMPLETED THE MINIMUM TERM OF THIS AGREEMENT.. EMAIL CANCELLATIONS ARE NOT ACCEPTED. ALL CANCELLATIONS REQUIRE A 30 DAY NOTICE AND MUST BE DONE IN PERSON, FOR SIGNATURE, OR BY CERTIFIED MAIL/LETTER, WITH MATCHING SIGNATURE.
WAIVER AND RELEASE OF LIABILITY: a. HEREBY RELEASES, DISCHARGES, AND WAIVES ANY CLAIM AGAINST THE GYM AND ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND ANY AND ALL OTHERS FROM ANY AND ALL DAMAGES, INJURIES, OR DEATH RESULTING FROM MEMBERS OR ANY GUEST OF MEMBERS USE OF ANY THE GYM FACILITIES OR PARTICIPATION IN ANY THE GYM EVENT, PROGRAM OR CLASS. MEMBER AND GUEST ASSUME ALL RISK, INCLUDING GROSS NEGLIGENCE AND HIDDEN DANGERS. b. ACKNOWLEDGES THAT THEY ARE AWARE THAT PHYSICAL ACTIVITIESINVOLVE THE POSSIBILITY OF INJURY AND EVEN DEATH. MEMBER REPRESENTS THAT MEMBER IS IN GOOD HEALTH AND DOES NOT SUFFER FROM ANY INFIRMITY, ILLNESS, DISEASE, IMPAIRMENT, OR PHYSICAL CONDITION THAT WOULD PREVENT MEMBER FROM PARTICIPATING IN ANY OF THE ACTIVITIES, EVENTS, CLASSES, OR PROGRAMS OF THE GYM WITHOUT RISK OF HARM OR INJURY. MEMBER REPRESENTS TO THE GYM THAT MEMBER HAS PERMISSION AND APPROVAL OF MEMBERS PHYSICIAN TO PARTICIPATE IN THE PHYSICAL ACTIVITIES, PROGRAMS, EVENTS, AND CLASSES AT THE GYM. IF MEMBER DOES NOT HAVE SUCH PERMISSION, MEMBER HEREBY ASSUMES THE RISK OF INJURY AND DEATH, WHICH MAY RESULT FROM SUCH ACTIVITIES.
The following Policies and Rules are for any Member or Guest of Fitness 500 Club. Fitness500 Club reserves the right to pass on credit card fees to the member, should the member choose to use credit card as form of payment for membership or any purchase.
The Club designed the Membership Policies and the including club rules listed here and rules posted on our website at www.fitness500club.com to ensure a safer and more enjoyable environment in which to exercise. So, please be thoughtful and observe the Policies and Rules that you, and all members and guests, have agreed to follow. The club may, at its sole discretion, modify the Policies and Rules without notice at any time. It`s your responsibility to know and follow the most current Policies and Rules. All approved signs posted in a club or on the premises shall be considered a part of the Policies and Rules of The club. The following Policies and Rules replace all previous Policies and Rules. If there is any conflict between these Policies and the posted Club Rules, these Policies and Rules apply. (1) Member does hereby join The Club at the facility located at 540 Main Street Hyannis, MA. O2601 All fees and payments (PIF) or (EFT Payments) for membership are listed on the agreement. Membership dues and fees do not include fees for additional services available at The facility (including but not limited to designated classes, events, personal training, Towel services, Sauna, Tanning or any additional services that may be added at any time. (2) Member understands that any renewals and/or upgrades of any kind adhering to the memberhip contract, the contract is automatically renewed for the original term. (3) Members understand and acknowledge that The club is private to The club members and there is limited supervision of the premises. Member assumes the risk of using The club facilities unsupervised and in some cases an unguarded facility. The Gym hereby gives notice that there is risk in using The club facilities. Member assumes any and all risk, and shall be responsible for Member`s own negligent and intentional conduct. Members do hereby agree that in the event Member should cause, either directly or indirectly, in whole or in part, damage to any property or person, Member shall be liable for such damage, and Member shall defend, indemnify and hold The business harmless and safe from any and all loss, liabilities, damage, claim or litigation arising out of such damage or loss. (4) Member hereby agrees to notify the club of any and all changes in the Member`s electronic payment information or personal information. Members must update a Method of Payment Form at the club and file with The club staff ten (10) days prior to the next scheduled Member electronic payment date. Members failure to comply can result in the loss of The Gym membership privileges and/or the acceleration of this agreement. (5) All payments are billed close to the join date each month, as noted in the agreement. HCS, the membership Billing Company, will bill your credit card or checking account on a 28 day billing cycle. If automatic electronic payment or draft is returned or not paid for any reason, a non-refundable $20. Bank charge will be charged to Member and electronic payment will be re-submitted if payment and/or fee is not collected. Any payments cancelled or refused by the Member are subject to a $20 chargeback fee in addition to the original payment. 5.1 Members are allowed to place a freeze on any membership payments up to three payments per calendar year for a fee of $7 per 28 day period. If membership is still in a commitment, membership will automatically be extended for the same amount of time membership was placed on freeze. 5.1a. If a member comes off of freeze early, they will be charged a prorated difference for that period. 5.1b If membership is on freeze status, the membership will be taken off freeze in order to process a 30 day notice for cancellation. Members electing to pay their dues by credit card may incur a service charge of 3.99% on top of their regular dues, members paying their monthly dues by bank draft will not incur this fee. (6) Members acknowledge and accept the terms of this agreement. Members agree to make all payments in compliance with this agreement before the end of the initial term stated (minimal amount of payments) in this agreement or before total financial obligation stated in the agreement has been satisfied. Cancelling this agreement requires the immediate payment of all past due balances owed at the date of cancellation along with a 30 day notice (must have signature) by either Certified mail or in person at the club`s address (via appointment only). Members have the option to transfer any monthly EFT membership with a commitment to a new paying member for a $50.00 transfer fee. The new member taking over the membership agrees to sign for a new commitment equal to the membership they are taking over. 6.1 Paid in full memberships (PIF) are NOT transferable. (7) Members under the age of 18 are eligible to use our facilities only if a parent has cosigned their agreement. By signing this agreement the signer acqnowleges they are at least 18 years old. Members under 12 are not allowed to join the facility. Minors under 15 years old must have their own key card upon joining and be accompanied at all times by their parent/guardian. Minors 15-17 must have their own key upon joining and do not need to be accompanied by their parent/guardian. Upon joining, the parent/guardian must co-sign for the financial responsibility of the minor`s account. The parent/guardian who co-signs is fully responsible for any fees owed to the Gym. If for any reason the minors account needs to be closed prior to completion, the parent/guardian is responsible for paying any/all fees owed to the Gym and completing the cancellation process by paying the early termination fees. If the account is sent to collections at any time, the parent/guardian whom co- signed for the contract will be held accountable for any/all fees due to The Gym. (8) PARENTS AGREE THAT THEY HAVE INSPECTED THE FACILITIES AND EQUIPMENT TO BE USED, AND IF THE PARENT BELIEVES ANYTHING IS UNSAFE, HE/SHE SHOULD IMMEDIATELY ADVISE THE STAFF AT THE GYM OF SUCH CONDITION(S) AND REFUSE TO HAVE THEIR CHILDREN PARTICIPATE. PARENTS ACKNOWLEDGE AND FULLY UNDERSTAND THAT EACH PARTICIPANT WILL BE ENGAGING IN ACTIVITIES THAT INVOLVE RISK OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH. PARENTS ASSUME ALL THE FOREGOING RISK AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY INJURY, PERMANENT DISABILITY OR DEATH. PARENTS RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE GYM FITNESS, L.L.C., ITS AFFILIATED CLUBS, ADMINISTRATORS, DIRECTORS, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES FROM ANY AND ALL LIABILITY TO EACH OF THE UNDERSIGNED, HIS OR HER HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES, LOSSES OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE GYM FITNESS, L.L.C., OR OTHERWISE. (9) Members acknowledge that this Membership Contract (EFT Monthly membership) will expire at the end of the term stated in this agreement. After the contract term has been fulfilled, the membership will renew on a month-to-month basis automatically. The club has the option to increase membership dues up to but not to exceed $10 per billing cycle during any renewal period. Cancellations will only be executed by signing the Cancellation Form; never by verbal consent. Upon the completion of this agreement the member may cancel this agreement with a 30 day written notice. If the last payment is not received, the Membership will NOT be cancelled! Members must return their club key card once their last month has been completed, or a $20 fee may be enforced. 9.1 Members may cancel membership at any time (inside the minimum commitment) with a 30 day notice and a $100 early termination fee if under agreement terms. 9.2 Any past due payments MUST be current in order to cancel this membership. 9.3 Member agrees that if Member fails to use the club facilities that shall not release the member from the obligation to make all payments required by the terms of this contract agreement. (10) Member acknowledges and accepts that The club may cancel this Membership Contract anytime The clubs rules, policies and/or regulations are violated by Member. This membership may be cancelled by Management at any time with or without cause. (Fitness 500 Club is independently owned and operated). (11) In the event Member fails to timely pay any amount due The Gym under the terms and conditions of this Membership Contract, The Gym may suspend the membership / rights to use The Gym facilities until Member cures the default or The Gym may require Member who is in default to pay the entire unpaid balance owed to The Gym and The Club reasonable attorney fees and costs to collect payment due. (12) Member hereby irrevocably authorizes The Club, its successors and assigns, to report any delinquencies or defaults by Member to credit reporting bureaus and to take any collection effort deemed necessary. After a minimum of 3 unpaid months, the Members account will be sent to collections for the entire contractual amount; plus a $50 collection fee, and all accruing dues and late fees. Additional fees may apply from the collection agency. Should legal action become necessary, the Member agrees that this agreement shall be governed and construed in accordance with the laws of the State of Massachusetts. Member further agree to be responsible for all costs of collection, including any attorney fees or court costs. (13) All notices to Members shall be sent to the address provided by Member. All notices to The club shall be sent by certified mail, return receipt requested to Fitness500 Club 540 Main Street Hyannis, MA. O2601 (14) When using The club facilities or being present at The club, Member shall comply at all times with the following Rules: a. Members shall announce any and all guests to THE GYM staff upon entering The Gym. Members shall not bring unauthorized or unregistered guests into The Gym at any time. Members shall not bring any guest into The Gym before or after The Gym posted business hours. If done, a $100 fee will be imposed or termination of membership without refund and remaining balance is still due and payable to The Gym, prior to cancellation.b. Members are required to have in their possession their personal access key card during each visit to The Gym and shall check-in using their personal access key card each visit to The Gym upon entering. Members shall display personal access key cards upon request of any staff member. Any Member not in possession of their personal access key card may be required to leave The Gym facilities. There is a $3 replacement for all lost or damaged key cards. Members may be denied access to the club without his or her key card. c. Members shall provide all personal athletic equipment and clothing. d. Members shall not engage in or conduct any type of commercial or personal business activity while on The Gym premises and Members and guests shall not act as trainers, coaches or instructors for other members or guests, without prior approval by The club manager. (No free-lance training allowed at any time) e. Members shall comply with The club dress codes for all activities in which Members and guests participate. Work out close and gym sneakers at all times, shirts must be worn at all times, anything deemed to be offensive on any gym attire, by Management will not be allowed. f. Member shall not use loud or profane language on The Gym premises nor shall Members molest, badger, assault or harass other The club members, guests or employees in any way or they will face suspension of membership privileges, and/or appropriate legal action. (15) Members shall not be released from the obligations to make all payments required by the terms of the Membership Contract. (16) In the event a Member fails to use The Gym membership privileges or included services, Member shall not be released from the obligation to make all payments required by the terms of this Membership Contract. (17) At all times while using The Gym facilities, Members shall comply with all of the terms and provisions of the Membership Contract and the rules, policies and regulations regarding the use of The Gym facilities as may be in effect from time to time. In the event a Member fails to comply, The Gym may suspend the Memberï¿½s right to use. For example, there is only use of chalk allowed in the very rear powerlifting room) The Gym facilities. During the periods of any such suspension if the Member continues to violate the terms of this agreement or rules, policies or regulations of The Gym, Memberï¿½s membership may be terminated by The Gym and Member shall not be entitled to reimbursement for any amount of membership fees or dues, which were prepaid and Member will be responsible for any and all remaining financial obligations of this agreement. (18) The Gym may assign or transfer The Gymï¿½s interest in this agreement without notice to Members. Member shall not assign any of its rights or obligation under this agreement. (19) Members are urged not to bring valuables to The Gym. The Gym is not responsible or liable for loss, theft, or damage to the personal property of Members on the premises. (20) The club prohibits the use of drugs or steroids and the Member agrees not to use any recreational drugs or steroids on The Gym premises. The Member acknowledges and is aware that steroids can cause numerous physical, mental and emotional problems relating to physical maturity and growth and may cause heart disease, strokes and liver dysfunction, sterility and infertility problems, personality changes and skin blemishes. Men can have premature balding and develop breast tissue. These are serious health hazards and members should not use illegal drugs or steroids. Member recognize and acknowledges there are serious criminal and civil penalties for the illegal possession; sale, use, trading or exchange of steroids and no such activity is allowed upon The Gym premises. (21) Notice to purchaser: Do not sign this contract until you read it or if it contains blank spaces. (22) 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 club stating your desire to cancel this contract. The health club may require proof of disability or death. The written notice must be mailed by certified mail to the following address: 540 Main Street Hyannis, MA. O2601 (23) If the health club goes out of business and does not provide facilities within 25 miles of the facility in which you are enrolled or if the health club moves more than 25 miles from the facility in which you are enrolled you may 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 the health club at the following address: 540 Main Street Hyannis, MA. O2601 (24) By signing this agreement you authorize (Fitness 500 Club) to contact you through email and sms.(25) Fitness500 Club requires that you join the club or affiliated club that you utilize on a regular basis. The club reserves the right to charge the member additional monthly fees, or resign the member, should the member join an affiliated club that they do not utilize on a regular basis. Not all affiliated clubs have the same membership or amenity fees.