You, the buyer, may cancel this agreement at any time prior to midnight of the fifth business day after the date of this agreement. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement. The notice shall be sent to 2750 East Main Street, Suite #8, Ventura, Ca 93003. You may also email notice to [email protected]. Please read this entire Agreement before signing it. The terms on the reverse side are included as part of the Agreement. The signature of Member and/or Responsible Party acknowledges receipt of a copy of this Agreement. This Agreement is subject to corporate approval.
AUTOMATIC RENEWAL: Unless specifically terminated as follows, this agreement shall automatically renew upon expiration of the initial term on a month-to-month basis until Member provides written notice to Gym Thirty (30) days prior to the requested date of termination.
You (Buyer, each member and all guests and parents signing on behalf of any child under 18) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, side walk and parking lot, stairs or tanning bed. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk or injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, excluding gross negligence except to the greatest extent legally permissible whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club`s improper maintenance of any exercise equipment or facilities, (c) Club`s negligent instruction or supervision, including personal training, or any other form of negligence by the Club or any employee of the Club, excluding gross negligence except to the greatest extent legally permissible; and (d) you slipping an falling while on the facility or any portion of the premises for any reason, including Club`s negligent inspection or maintenance of its facility. You also agree to waive any rights that you may have to commence an action or recover damages for any injury at the Club facility to any minor child who is a guest or member. By execution of this agreement, you hereby agree to indemnify and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNTIY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECTUING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
There will be an annual Gym Enhancement fee charged to your account of $49 every December in addition to the monthly fees.
INSTRUCTION: Gym offers instruction in bodybuilding, powerlifting, strongman/strongwoman, weight lifting and general physical conditioning as well as other types of trainings. These trainings, programs, competitions, seminars, and/or workshops which may be available through Gym are only included in this membership if they are specifically listed on the front of this agreement. This membership is NOT transferable and the Gym shall have NO obligation to approve any request to modify this membership
PHYSICAL FITNESS: Member represents that he/she is physically fit to utilize the facility and participate in a training program for bodybuilding, weight lifting and/or general physical conditioning. Member must inform Gym in writing on this form, of ANY medical condition, impairment or concern that may restrict him/her in this endeavor. Member hereby acknowledges having being advised to seek competent Medical and Legal advice prior to any agreement execution or participation.
RULES AND REGULATIONS: Gym reserves the right to change, without notice, schedules, staff, curriculum and facility Rules and Regulations. Member has read and agrees to comply with ALL Rules and Regulations of Gym and any changes therein as a Condition of Membership. Privileges may be immediately revoked or suspended without notice or refund for any noncompliance. Member shall NOT engage in any instructing or personal training of any person without Gym’s authorization. In all instances, including but not limited to, standards, conduct, determinations, actions and interpretations, Gym’s decision, measured by its reasonable subjective standards, shall be final.
USE OF FACILITY: During normal operating hours Member shall have use of the facility subject to group and private training, seminars, and special events which shall have priority for the facilities usage including all equipment. No Member shall interfere or distract any group or private training session, seminar, special event or another Member’s use of Gym. Member is NOT to engage in any activity or use ANY equipment which Member is not competent to engage in or use. All persons must be registered as a member or guest before using the facilities. Member shall not bring or allow any person into Gym that is not a member or registered guest. Member agrees to pay a fee equal to triple the Gym’s daily guest fee for allowing any person into the facility, knowingly or unknowingly, that is not a member or registered guest. Member assumes full responsibility for any and all damages occasioned directly or indirectly to or by Member or any person Member may allow into the facility as well as any damage to any equipment or any part of the facility, including but not limited to the building and parking lot area.
PROTECTIVE EQUIPMENT: Gym requires Member to provide and wear suitable protective equipment. Member understands that proper equipment may reduce the risk of injury. Gym does NOT warrant that protective equipment will prevent accidents or injury.
WAIVER: Member understands that there are inherent risks in bodybuilding, powerlifting, strongman/strongwoman, weight lifting, other types of training and general physical conditioning as these disciplines may require strenuous physical activity and bodily contact and through this membership there is a possibility that Member may experience pain, discomfort, or be injured. Member agrees that participation is purely voluntary and assumes ALL RISK for bodily injury and therefore hereby releases and forever discharges Gym and ALL it’s agents and affiliates (hereinafter, “Releasees”) from any demands or claims on account of any damage or injury incurred or arising directly or indirectly from activities during or associated with the Gym’s training, including, but not limited to, the use or attempted use of any of the techniques taught at Gym, regardless of ANY negligence on the part of the Member, another Member, Gym, and/or anyone else identified as one of the Releasees, excluding gross negligence except to the greatest extent legally permissible, and agrees not to commence, prosecute, cause or permit to be prosecuted, any action in law or equity, or any proceeding of any description against the aforementioned Releasees. In the event any claim or litigation is brought by or on behalf of Member against any of the Releasees, any of such Releasees shall be entitled to costs and reasonable attorney’s fees, whether incurred before or during litigation. All conditions of this agreement, including the covenant not to sue, shall extend to and be binding upon all family, relatives, heirs, assigns, successors in interest, etc. Member agrees to be photographed, videoed, etc. and hereby releases ALL photos, videos, promotional materials, etc. exclusively to Gym, or assigns, to be used along with Member’s Name as determined at the Gym’s discretion. This release constitutes an irrevocable license to use the likeness of the Member for publication of promotional material by the Gym, with such license to continue in perpetuity and throughout the known universe.
PAYMENTS, LATE PAYMENTS, COSTS AND FEES: All payments shall be made to KOGYM, LLC or Gym’s assigned collection agent. Installment payments are due in advance on the same day of each consecutive month. Payments must be made as scheduled and are not affected by attendance or class scheduling. Payments not received by the Fifth (5th) day after the due date shall be subject to a late fee of Ten Dollars ($10.00) or Ten Percent (10%), whichever is greater. There will be an additional Forty Dollars ($40.00) cash charge for any payment that is returned by the bank for any reason. In the event of a second occurrence, Gym may request and Member hereby agrees to make future payments by cash or money order. Any default of this agreement by Member shall constitute grounds for Membership cancellation and immediately cause any outstanding contract balance to be due and payable in full. In the event collection efforts become necessary, Member shall be responsible for ALL costs and fees associated with collection, including but not limited to attorney’s fees.
AUTOMATIC RENEWAL: Unless specifically waived, this agreement shall automatically renew upon expiration of the initial term on a month-to-month basis until Member provides written notice to Gym Thirty (30) days prior to the requested date of termination.
CONSUMER’S RIGHT OF CANCELLATION AND DISABILITY: Member may cancel this Agreement by providing Notice to Gym, in accordance with the section for Notice of Cancellation and receive a pro-rated refund for paid unused membership dues without any penalty or further obligation except for use of the facility and any training or instruction Member has received at the Gym’s shortest term rates plus up to a $100 cancelation fee in the event member moves more than 25 miles from the facility, member’s physical disability, or death. Cancelation shall be effective from the date Gym receives written notice from Member/representative and/or verification from a Medical Doctor for death/disability.
RELOCATION OF GYM: Member may cancel this Agreement and receive a pro-rated refund for paid membership dues in the event Gym closes for business or permanently moves to more than Twenty (20) miles from the then current location.
MISCELLANEOUS: Paragraph headings are employed for convenience only and have no legal significance. Member and Responsible Party certify all information on the front of this instrument to be true and correct and authorize its verification. This agreement is subject to the laws of The State of California. In the event that any term or condition is found to be invalid by a Court of competent jurisdiction, all other terms and conditions shall remain in full force and effect. Gym shall be entitled to legal interest, reasonable attorney’s fees, costs and such other compensation as the Court may decree. The Parties agree that this, including attachments, is the entire agreement and that no other terms or conditions, expressed or implied, have been relied upon.
I (We) hereby authorize KO Gym to draft my (our) account indicated above. I understand that I am in full control of EFT Payments. I may change payment method at any time with 15 day prior written notice to KO Gym. EFT data changes must be submitted 10 days prior to your next due date.
If billing reverts from EFT, for any reason, the waived $5.00 monthly statement fee shall be reinstated. KO Gym reserves the right to add the following fees to customer account balance should any of the following occur: Re-clear customer check and/or EFT draft-five dollars, unpaid EFT draft-fifteen dollars, declined credit card debit-fifteen dollars, unpaid credit card charge back-twenty five dollars, unpaid customer check-fifteen dollars. Scheduled payments received more than ten (10) days after the due date are assessed a late fee: scheduled payment amount less than twenty-five dollars- $5.00, scheduled payment amount twenty five dollars or more-$10.00. Subject to appropriate state and federal law.