If written notice of cancellation is not received during the final month of the contract, this contract and your obligation to pay will automatically be converted to a month to month membership at the new dues rate being charged for the type of membership you originally purchased.
It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to Buyer or their guests, nor the property of any Buyer or their guests, nor be subject to any claim, demand, injury, or damages whatsoever, including but not limited to those damages resulting from acts of active or passive negligence on the part of the Seller, it’s successors or assigns or officers or agents. It is specifically agreed that the Seller shall not be responsible or liable to the Buyer or their guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or property, or to the property of any Buyer by another Buyer or their guest, is the sole responsibility of the offending Buyer. Buyer agrees that they are responsible for any damages caused by the Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guests, or to the property of either. Buyer further agrees to indemnify the Seller of any loss caused by Buyer for which the Seller is accused or held liable including reasonable attorney fees. I the Buyer understand that Southwest Aqua Sports is a Class C facility and lifeguards are not on duty at all times. Southwest Aqua Sports is not responsible for lost or stolen goods. All found items will be put in the lost and found. Lost and found items not claimed are disposed of at the 1st of every month.
CLUB ENHANCEMENT FEE. I authorize The Club to charge me a $30.00 semi-annual Club Enhancement Fee to be collected in the January and July billing.
PROMISE TO PAY: Buyer promises to pay to Seller or to Seller`s Order, Buyer`s Cash Down Payment and the Total of Payments according to the payment schedule shown above. Buyer shall make all payments to Seller at the address shown above unless Seller notifies Buyer in writing to make payments to a different address.
TERMS OF MEMBERSHIP AND RENEWAL PROVISIONS: You understand that you have signed an installment promissory note. Failure to use the membership does not relieve you of your liability for payment. Your membership is absolutely not-transferable, non-assignable, non-refundable and non-cancellable except as provided in the contract. After the initial contracted months period, buyer has 30 days to notify Seller in writing if, buyer desires to cancel his/her membership. If written notice of cancellation is not received during the month, this contract and your obligation to pay will automatically be converted to a month to month membership at the new dues rate being charged for the type of membership you originally purchased. Seller reserves the right of its own discretion to terminate this contract at any time if you are not a member in good standing at such time. After automatic extension, you can cancel your membership with 30 days written notice. If this contract is not extended as described above and you later wish to renew your membership an enrollment fee will be charged. Early contract cancellation will result in a $100 fee.
RELOCTION: Member may cancel this contract at any time after the date of this contract upon permanently moving their residence subject to the following conditions. The relocation must be a distance more than 60 miles from their current residence (as shown on this contract) and more than 60 miles from this facility. Cancellation under this section is subject to acceptable proof as may be required by the Seller. The following must be satisfied: (A) Buyer must not be delinquent in the payments of any installments due to hereunder or in defaults as to any terms in this agreement. (B) In order for Buyer to exercise said option, he/she shall give Seller thirty (30) day written notice of same. Buyer will be responsible for membership dues until the end of this period. (C) Change in residency shall be verified through one of the following: Lease in Buyers name of a new residence, utility connection in Buyers name, telephone billing in Buyers name. Cancellation under this section is effective and binding on the Seller only when in writing and signed by an authorized representative of Seller. We do not and will not accept telephone or text correspondence as a method of cancellation.
MEDICAL: You the Buyer may cancel this contract in the event you become permanently disabled and can no longer benefit from any part of the facility. Acceptable proof or permanent disability must be provided to Sellers by a state licensed MD. In order for Buyer to exercise said option, he/she shall give Seller thirty (30) days written notice of same. Buyer will be responsible for dues that may become due during the period. Cancellation under this section is effective and binding on the Seller only when in writing. We do not and will not accept telephone or text correspondence as a method of cancellation.
PURCHASER`S RIGHTS UNDER TEXAS HEALTH SPA ACT:
To the extent of the club is considered a "heath spa" under the Texas Health Spa Act (the “ACTâ€), as purchaser you have the following rights under the Act:
A) 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: 3909 NORTH FRANKFORD AVE, LUBBOCK, TX 79416
B) 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: CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRTTEN NOTICE STATEING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: 3909 NORTH FRANKFORD AVE, LUBBOCK, TX 79416
C) 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: 3909 NORTH FRANKFORD AVE, LUBBOCK, TX 79416
D) IF THE SPA DOES NOT REMAIN OPEN FOR THIRTY DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY DIVING THE WORLD INC., DBA SOUTHWEST AQUA SPORTS IS LOCATED WITHIN 10 MILES OF 3909 NORTH FRANKFORD AVE, LUBBOCK, TX 79416 AND YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT FULLY OPEN FOR BUSINESS OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR 30 DAYS.
Buyer shall continue to be responsible for payment of all installments that have accrued under the terms of this Agreement prior to Buyer`s giving Seller written notice of his relocation and cancellation. Early contract cancellation will result in a $100 fee, a cancellation fee will not be charged if the member cancels by midnight of the third business day after contract signature date.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT: You understand that you have signed an installment promissory note. Your failure to use the membership of facilities does not relieve you of your liability for payment hereunder other than as described above and your membership is absolutely non-transferable, non-assignable, non-refundable, and non-cancellable, except as provided in this Agreement. You understand the Seller shall be entitled to sell, transfer, discount or assign this Agreement to a financial institution or other entity without consent of the Buyer.
WARNING: If you have a history of heart-related disease, you should consult a physician before purchasing a membership. A person entitled to membership privileges under this Contract who has a history of heart-related disease also should consult a physician before utilizing the programs and facilities of the Seller.
LAW APPLICABLE: Texas State law governs this Agreement.
INVALID PROVISION: The provisions of this Agreement are severable. If any of the provision of this Agreement is declared to be void, invalid, or unenforceable, as is the intention of all the parties to this Agreement that the remainder of the Agreement will remain valid and enforceable.
LIABILITY: If more than one Buyer is signing this Agreement, each Buyer is jointly and severally responsible to fully perform all obligation under this Agreement. It is Buyer`s responsibility to know whether this Agreement is in default for nonpayment or any other reason.
NO WAIVER OF RIGHTS: Seller does waive the right to have future payments made when due if Seller accepts a late or partial payment or delays in the enforcement of his/her right on any occasion.
APPLICATION OF PAYMENTS: Seller will apply all payments received to pay the installments (including late charges, if any) in the order of which they are scheduled to be paid.
DEFAULT: You are in default if, (A) We do not receive an installment payment from you on or before the date it is due, or (B) You fail to fulfill any obligations or promises under this Agreement including but not limited to full compliance with Rules and Regulations.
ACCELERATION OR PAYMENTS: If you are in default in the Agreement, Seller can immediately without notice demand payment of all unpaid installments.
ATTORNEYS FEES AND COURT COSTS: If your failure to pay on one or more of the installments due under this Agreement results in Seller’s retaining an attorney for collection of the installments due hereunder, you shall be responsible for the payment of court costs and reasonable attorney fees of fifteen (15%) percent of the unpaid principle and interest due hereafter.
RULES AND REGULATIONS: (attached to Agreement) I the Buyer understand that if I the Buyer or their guest has a bodily fluid incident in the pool that requires closure and cleaning of the pool, I will be held responsible and charged a cleaning fee. I understand that violation of the rules may cause my membership in the club to be immediately revoked or terminated at the discretion of Seller. In the event of termination of my membership by Seller for rule violations, my liability for any payments occurring after the date of my membership termination shall cease. In the event of violation of rules and regulations as it deems necessary in its sole discretion.
PHOTO RELEASE WAIVER: I hereby grant Southwest Aqua Sports permission to use my likeness in a photograph, video, or other digital media (“photoâ€) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Southwest Aqua Sports. I hereby irrevocably authorize Southwest Aqua Sports to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Southwest Aqua Sports from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
WAIVER OF EXEMPTIONS: Buyer waives, as to debt incurred in this Agreement or any extension hereof, all rights of exemption as to personal property allowed under the United States Constitution, the laws of State of Texas or any other state.
LIABILITY WAIVER: It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to Buyer or their guests, nor the property of any Buyer or their guests, nor be subject to any claim, demand, injury, or damages whatsoever, including but not limited to those damages resulting from acts of active or passive negligence on the part of the Seller, it’s successors or assigns or officers or agents. It is specifically agreed that the Seller shall not be responsible or liable to the Buyer or their guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or property, or to the property of any Buyer by another Buyer or their guest, is the sole responsibility of the offending Buyer. Buyer agrees that they are responsible for any damages caused by the Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guests, or to the property of either. Buyer further agrees to indemnify the Seller of any loss caused by Buyer for which the Seller is accused or held liable including reasonable attorney fees. I the Buyer understand that Southwest Aqua Sports is a Class C facility and lifeguards are not on duty at all times. Southwest Aqua Sports is not responsible for lost or stolen goods. All found items will be put in the lost and found. Lost and found items not claimed are disposed of at the 1st of every month.
MEMBERSHIP RESERVATION: For the purposes of construction herein the term MEMBERSHIP RESERVATION shall mean securing a membership rate which shall commence upon the opening of this health spa. A Membership Reservation will become a membership upon the opening of this facility.
OPERATING HOURS: I the Buyer understand that my membership only permits me to be in the facility during operating hours, which may be changed for inclement weather, holidays, and/or emergencies. The Southwest Aqua Sports facility is closed on all major holidays and at various times for maintenance and cleaning. Facility closures not exceeding 30 consecutive days will not be credited to membership length.
SOUTHWEST AQUA SPORTS RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANYTIME THAT HAS CREATED AN UNSAFE OR HOSTILE ENVIRONMENT FOR OUR EMPLOYEES OR OTHER PATRONS.
NOTICE ANY HOLDER OF THE CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH DEBTOR COULD 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.