NOTICE TO PURCHASER. DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES. This Membership Agreement ("Agreement") covers your purchase of a membership in SOAR HEALTH CLUB, LLC ("SOAR") Registration No. 20170126. By signing this Agreement, you acknowledge and agree that you have read this Agreement, that you agree to all the terms on all pages of this Agreement, that you have received a copy of this Agreement, and that you consent to the use of an electronic signature to sign this Agreement. You are entitled to utilize the facilities and services of SOAR described in this Agreement until the effective date of the termination of this Agreement, and you are obligated to pay your dues and fees regardless of whether or not you use the facilities or services. This Agreement constitutes the entire agreement between you and SOAR. You acknowledge that there are no collateral agreements, promises, representations or guarantees, oral or otherwise, not stated in this Agreement. This Agreement replaces any prior agreements, promises or representations between you and SOAR, whether written or oral, that deal with the subject matter of this Agreement. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. SOAR may assign or transfer your membership in its sole discretion. You may not assign or transfer this Agreement and the rights and obligations hereunder.
MEMBERSHIP. All payments to SOAR are non-refundable and can be made by one of the following options:
A. Annual Payment. Paid-In-Full memberships are non-refundable and can be paid by cash, check, debit card, or credit card.
B. Monthly Draft. Memberships are paid in advance of service on the 1st day of each month. New memberships are prorated for the first month. Regular monthly dues apply thereafter with payments made the first day of each month. Monthly dues are only prorated once, upon initial enrollment with SOAR. Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft). You authorize your bank or credit card company to make your payment for monthly dues, any unpaid past dues, and any other fees, taxes or charges from your account shown above.
DEFAULT/REMEDIES. If any electronic payment or draft is returned or unpaid for any reason, a non-refundable charge of $30.00 will be assessed. The drafting merchant will resubmit the request for payment and a non-refundable charge of $30.00 will be assessed for each resubmission. You shall notify SOAR of any and all changes in your electronic payment information or personal information at least ten (10) days prior to the next scheduled electronic payment date. Failure to do so may result in nonpayment of amounts owed, assessment of the associated fees stated above, suspension or termination of the contract and acceleration of all amounts owed thereunder. You authorize SOAR, its successors and assigns, to report any delinquencies or defaults by you to credit reporting bureaus and to take any collection effort deemed necessary. If the account is referred to collections, all remaining amounts under the contract shall be immediately due and payable, without the need for additional presentation or notice of acceleration. You shall be responsible for all costs of collection, including collections fees, court costs and attorneys fees.
MEMBERSHIP ACCESS. You will be issued a key fob, which will entitle you to enter the premises and enjoy the use and benefit of the facilities of SOAR (collectively, the Facility). You agree not to allow any other person(s) access to the Facility using your key fob, and you will not allow anyone to enter the Facility along with you. You agree to safeguard the key fob. Upon termination of the contract, you must return your key fob to SOAR. Failure to do so shall result in a fee of $10.00+tax assessed to your account for each unreturned key fob. Likewise, key fobs lost during the membership term shall be replaced for a fee of $10.00+tax assessed to your account. Should you violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
FACILITY AND HOURS OF OPERATION. Outside of staffed hours, the Facility is an unmanned fitness center and, with the exception of any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open twenty-four (24) hours a day, three hundred sixty-five (365) days a year. You are permitted to utilize the general facilities at all times, while Authorized Guests are limited to use during staffed business hours as posted at the Facility. The staffed hours are set by SOAR and may be changed at any time in its sole discretion.
PERSONAL TRAINING. You acknowledge that SOAR is not a party to any arrangement between members of SOAR for personal training. SOAR shall not be liable in any way for results or lack of results obtained from any personal training arrangement activities between its members. All releases and waivers of liability as outlined under WAIVER AND RELEASE herein apply to any and all fitness activities, regardless of any arrangement between members for personal training. Any introduction(s) by SOAR of a member who is a personal trainer shall not be considered to be an endorsement of the trainer by SOAR. No member of SOAR who is a personal trainer shall represent himself or herself to be an employee or an affiliate of SOAR in any way other than as a member of the Facility. No member may use the SOAR name or logo for any purpose.
HEALTH REPRESENTATIONS AND AGREEMENTS. You hereby represent that you are in good health and do not suffer from any infirmity, illness, disease, impairment or physical condition that would prevent you from participating in any event, program, class or activity of SOAR without unreasonable risk of harm or injury. You represent that you have permission or approval of your physician to participate in SOAR activities. You acknowledge that SOAR has not given you any medical advice, whether related to your physical condition and ability to use the facilities and services of SOAR or otherwise. You acknowledge and agree that you will discuss any health or medical concerns with your physician or other health professional prior to and while using SOAR facilities.
RULES AND REGULATIONS. You acknowledge that SOAR operates under rules and regulations established for the safety and protection of its members, and agree to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by SOAR. Such rules and regulations in effect from time to time are incorporated into this contract 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 SOAR. You agree to accept such reasonable change(s) as a condition of membership. You additionally recognize:
A. You must check-in upon arrival at the Facility using either the Access Control System or Barcode Reader. You must have your personal key fob in possession during each visit.
B. This membership is for you, and you only, and you will not give access to another individual. No unauthorized or unregistered persons shall be brought into the Facility at any time.
C. All members must be at least fifteen (15) years of age, unless otherwise authorized by SOAR. Minors aged fifteen (15) to seventeen (17) are permitted to be members only if a parent or guardian co-signs for the financial responsibilities of the minors account. Parent or guardian co-signers are responsible for all financial responsibilities under the contract.
D. Under no circumstances shall you move exercise equipment or use the equipment in any manner not authorized by SOAR. You will not misuse any equipment, furniture, or fixture.
E. All equipment shall be wiped down by you after each use, with the supplies provided by SOAR.
F. You should not occupy any equipment for an extended period of time. You should allow others waiting to use such equipment to work into the rotation.
G. The climate of the Facility is controlled by SOAR and is set to provide the optimum exercise environment for the majority of its members. You 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.
H. SOAR requires that members wear appropriate clothing and footwear while in the Facility. You shall comply with the SOAR dress code for all activities.
I. You acknowledge that surveillance cameras are in use for the protection of the Facility, its equipment and its members. You hereby consent to being photographed and/or recorded for such purposes.
CONDUCT. SOAR is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. You shall conduct yourself 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. SOAR has the right to judge behavior and respond accordingly. Any conduct deemed by SOAR, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of your membership without refund. You shall pay for any damages to SOAR property which results from the willful or negligent conduct of you, your guest(s) or dependent child(ren).
PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. You agree not to use the Facility or engage in any activity at SOAR while under the influence of drugs, alcohol, or medication that may impair your ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of SOAR`s management. SOAR 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.
LIABILITY FOR PERSONAL PROPERTY. You acknowledge that the Facility has limited supervision. You are encouraged not to bring valuables to the Facility. SOAR is not responsible or liable for loss, theft or damage to your personal property while on or around SOAR premises including, but not limited to, a vehicle or its contents or any property left in a locker.
FREEZE POLICY FOR TERM MEMBERSHIPS. You may put your term membership on hold, in one calendar month increments, for up to three (3) months per year. Notice of freeze must be given to SOAR at least three (3) working days prior to the first day of the month to be frozen. During the frozen period, you shall pay only $5.00 per month but shall not be permitted to use SOAR facilities. Billing will resume automatically upon end of freeze. The period of time for which the account was frozen shall be added as an extension to the end of the initial term.
CANCELLATION OF MEMBERSHIP BY MEMBER. 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: 105 W GRAYSON ST, LLANO, TX 78643. 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: 105 W GRAYSON ST, LLANO, TX 78643; AND (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 TOGETHER WITH PROOF OF PAYMENTS MADE ON THE 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. 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: 105 W GRAYSON ST, LLANO, TX 78643. If you wish to cancel your membership at the end of your membership term, you must provide written notice thirty (30) days prior to the end of such term, either by certified mail, hand-delivery to the management of SOAR, or by electronic means (i.e., email). If such notice is provided less than thirty (30) days prior to the end of your term, the Agreement shall be extended for one month beyond the end of the current term. Partial months are not permitted and no refunds will apply.