If you wish to cancel this contract, you may cancel in person or by mail 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 (10) business day after the date of the contract so entered into. All cancellations must be delivered or mailed to: Fitness 500 Newport, 181 Bellevue Ave. Newport, RI. 02840, or in-person with signature.
1. This contract may be cancelled before Midnight of the tenth (10th) day after the date of the contracts so entered into. The notice of the buyer’s 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 (15) miles from a comparable health club facility operated by the seller;
3. If the health club facility relocates further than fifteen (15) miles from its current location, or the seller does not maintain a health club service within a fifteen (15) 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 discontinues 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 doctor’s certificate be submitted as verification of the disability.
5. In the event of the buyer’s 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. In the event of a sale of health club ownership, the contract is voidable at the option of the buyer.
7. A health club contract which does not comply with the provisions of this chapter is voidable at the option of the buyer.
8. 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 (15) 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.
9. Members must sign up at the affiliated club they plan to utilize on a regular basis. Fitness500 Club reserves the right to charge additional fees and/or resign the member at the affiliated club that they utilize on a regular basis.
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 MEMBER`S OR ANY GUEST OF MEMBER`S 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 ACTIVITIES INVOLVE 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 MEMBER`S 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.
I acknowledge and agree to the Annual club Enhancement Fee of $49.00 to be drafted on or close to six weeks from my sign-up date, or the new members 1st electronic payment. This Fee is billed the same time each year thereafter. There is NO refund of the Annual fee if member has not used the facilities for any length of time. Upon cancellation, if Annual fee is subject to be drafted within 30 days from your last drafted payment, it is the member`s responsibility to make this last payment either through debit (EFT) or manual payment at time of cancellation.
The following Policies and Rules are for any Member or Guest of Fitness500 Newport.
The club/company designed the Membership Policies and the including club rules listed here and rules posted on our website at www.fitness500newport.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, in 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 Polices 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 181 Bellevue Ave, Newport, RI 02840 All fees and payments (PIF) or (EFT) for membership are listed on the agreement. Membership dues and fees do not include fees for additional services available at The Gym (including but not limited to designated classes, events, personal training, Towel services, Sauna, Tanning or any additional services that may be added).
(2) Member understands that any renewals and/or upgrades of any kind adhering to member`s contract, contract is automatically renewed for the original term.
(3) Member understands and acknowledges that The Gym is private to The Gym members and there is limited supervision of the premises. Member assumes the risk of using The Gym facilities unsupervised and in some cases an unguarded facility. The Gym hereby gives notice that there is risk in using The Gym facilities. Member assumes any and all risk, and shall be responsible for Member`s own negligent and intentional conduct. Member does 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 Gym 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. Member must update a Method of Payment Form at the club and file with The Gym staff ten (10) days prior to the next scheduled Member electronic payment date. Member`s failure to comply can result in the loss of The Gym membership privileges and/or the acceleration of this agreement.
(5) All monthly payments are billed by our membership billing company approximately every 28 days. Holidays and weekends may effect the billing date. Your first electronic payment may be a prorated portion of the monthly dues. 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 Member is allowed to place a freeze on any monthly membership up to three months per calendar year for a monthly fee of $8. (Students freeze fee is only $5.) If membership is still in a commitment, membership will automatically be extended for the same amount of months membership was placed on freeze. If a member comes off of freeze early, they will be charged a prorated difference for that month. 5.1 If membership is on freeze status, the membership will be taken off freeze in order to process one months` notice for cancellation. Members electing to pay their monthly dues by credit card shall incur a service charge of $1-$3 on top of their regular dues, members paying their monthly dues by bank draft will not incur this fee.
(6) Member acknowledges and accepts the terms of this agreement. Member agrees to make all payments in compliance of this contract before the end of the initial term stated in this agreement or before total financial obligation stated in the agreement has been satisfied. Cancelling this contract requires the immediate payment of all past due balances owed at the date of cancellation along with a one months` notice by either Certified mail or in person at the clubs address (via appointment only). Member has 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 co-signed their contract. Minors 12 to 15 years of age 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 whom 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 LEASERS 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) Member acknowledges 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 renewal on a month-to-month basis automatically. The club has the option to increase members` dues up to but not to exceed $10 per month 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 one months` 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 Member may cancel membership at any time with a 30 day notice and a $100 early termination fee if under contract. 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 Gym may cancel this Membership Contract anytime The Gym`s rules, polices and/or regulations are violated by Member. This membership may be cancelled by Management at any time with or without cause. (Fitness 500 Newport 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 Member’s 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 Gym`s reasonable attorney’s fees and costs to collect payment due.
(12) Member hereby irrevocably authorizes The company/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 Member’s account will be sent to collections for the entire contractual amount; plus a $50 collection fee, and all accruing dues and late fees. Addition fees may apply from the collection agency. Should legal action become necessary, Member agrees that this agreement shall be governed and construed in accordance with the laws of the State of Road Island. Member further agrees to be responsible for all costs of collection, including any attorney`s fees or court costs.
(13) All notices to Member 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 Newport, 181 Bellevue Ave, Newport, RI 02840
(14) When using The Gym facilities or being present at The Gym facilities, Member shall comply at all times with the following Rules:
a. Member shall announce any and all guests to THE GYM staff upon entering The Gym. Member shall not bring unauthorized or unregistered guests into The Gym at any time. Member shall not bring any guest into The Gym before or after The club posted business hours. If done, a $100 fine will be imposed or termination of membership without refund and remaining balance is still due and payable to The Gym.
b. Member is 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. Member shall display personal access key card 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 $5 replacement for all lost or damaged key cards. Member may be denied access to the club without his or her key card.
c. Member shall provide all of Member`s personal athletic equipment and clothing.
d. Member shall not engage in or conduct any type of commercial or personal business activity while on The Gym premises and Member and guests shall not act as trainers, coaches or instructors for other members or guests, without prior approval by The Gym manager. (No free-lance training allowed at any time)
e. Member shall comply with The Gym dress codes for all activities in which Member 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 Member molest, badger, assault or harass other The Gym members, guests or employees in any way or they will face suspension of membership privileges, and/or appropriate legal action.
(15) Member shall not be released from the obligations to make all payments required by the terms of the Membership Contract.
(16) In the event Member fails to use The club 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 club facilities, Member shall comply with all of the terms and provisions of the Membership Contract and the rules, policies and regulations regarding the use of The club facilities as may be in effect from time to time. In the event Member fails to comply, The club may suspend the Member`s right to use The club 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, Member`s 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 Gym`s interest in this agreement without notice to Member. 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 Member on the premises.
(20) The Gym prohibits the use of drugs or steroids and Member agrees not to use any recreations drugs or steroids on The Gym premises. The Member acknowledges and is aware that steroids and 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 member should not use and illegal drugs or steroids. Member recognizes 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: 181 Bellevue Ave, Newport, RI 02840
(23) If the health club goes out of business and does not provide facilities within 10 miles of the facility in which you are enrolled or if the health club moves more than 10 miles from the facility in which you are enrolled your membership agreement will be cancelled automatically.
(24) Fitness500 Club reserves the right to charge all in club credit card purchases an additional 3.99% fee. This applies to any and all Credit Card purchases in club but does not apply to electronic monthly dues. There will be no additional fees by using a checking account. This is called our Cash Discount Pricing Program. All fees represent the Cash/Check price. Prepaid memberships can not be cancelled for a refund or put on freeze.