Please be advised that all GENERAL MEMBERS are required to submit a 30-day cancellation notice in writing via e-mail. The notice must be sent to [email protected] and should be submitted at least 30 days before the desired cancellation date.
BOOT CAMP members require a 7-day notice in writing via email ([email protected])
Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in Bootcamp / Personal Training and other activities
provided by CORE Health and Fitness, Inc. (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s)
if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) training;
TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation
in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the
negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and
his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the
Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any
loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her
participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The
Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that
arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or
officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct
that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for
any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation
in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition
that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
Participant and his/her parent(s) or legal guardian(s) are responsible for notifying the Host of any changes to
Participant’s health, which could affect Participant’s ability to exercise in a reasonably safe and healthy manner.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities
is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities
before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules
of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common
sense and by being aware of his/her surroundings.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual
hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant
Participant Waiver A – Page 1and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and
immediately bring said hazard or condition to the attention of the Host.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the
remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS
AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
ANNUAL ENHANCEMENT FEE OF $35.00 IS ASSESSED TO ALL MEMBERS WITH A MONTHLY DRAFT AGREEMENT AND WILL BE BILLED ANNUALLY.
ANNUAL ENHANCEMENT FEE OF $15.00 IS ASSESSED TO ALL MEMBERS WITH A MONTHLY DRAFT BOOTCAMP MEMBERSHIP AGREEMENT AND WILL BE BILLED ANNUALLY.
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity,
Washington, D.C. 20580.
RENEWAL STATEMENT PROGRAM: Provided member is not in default or delinquent of this agreement, member may retain use of all privileges by renewing on or before the indicated date for the indicated number of months, at the indicated rate per month (EFT) or at the indicated rate per month (CPN), or the indicated rate (PIF).
AUTOMATIC RENEWAL PROGRAM: Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be canceled at any time provided a 30-day written notice is delivered to the club`s e-mail, [email protected]. It is also understood that the club has the option to increase monthly renewal dues without notice during any renewal period not to exceed the indicated amount per month. TOTAL AMOUNT: INDICATED AMOUNT PER MONTH FOR FUTURE AUTOMATIC
RENEWAL.
NONRENEWABLE MEMBERSHIP: This membership will expire on the indicated date.
By executing this Agreement, you authorize Club and Club’s agents, including its third party payment processing companies ("Club’s Agents"), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement ("Club Agreement"), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, "Payment Information"). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes and charges) and/or a description of how they will be calculated, are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
ONCE MONTHLY DUES ARE WITHDRAWN THERE ARE NO REFUNDS AVAILABLE.
Notwithstanding any other provisions of this Agreement, you understand and agree that the
amount of your monthly membership dues is based on current sales tax rates and to the
extent such rates should increase during your membership, the club has the right to increase
your monthly membership dues by the amount of such increase. If you have requested
the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the
monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
1. TERMS MAY BE CANCELED AT ANY TIME PROVIDED A 30-DAY WRITTEN NOTICE IS DELIVERED VIA EMAIL, [email protected]
PLEASE STATE THE REASON FOR CANCELLATION IF PAYMENTS ARE DELINQUENT. CANCELLATION CAN BE REJECTED BY CLUB.
2. NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
3. IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT
BY MAILING 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 CLUBS ADDRESS.
4. 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 CLUBS ADDRESS.
5. 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 CLUBS ADDRESS:
6. IF THE HEALTH SPA IS RENDERED UNUSABLE FOR 30 CONSECUTIVE DAYS OR LONGER BECAUSE OF AN EVENT
BEYOND THE CONTROL OF THE OWNER OR OPERATOR OF THE HEALTH SPA, INCLUDING A NATURAL DISASTER,
THE HEALTH SPA SHALL EXTEND THE TERM OF EACH AFFECTED MEMBER’S CONTRACT FOR A PERIOD EQUAL TO
THE TIME THAT THE HEALTH SPA IS RENDERED UNUSABLE.
7. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE
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.
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only
and MEMBER shall be required to provide MEMBERS own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the
use of towels, tennis courts, childcare, tanning beds, and martial arts classes.
2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement
and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBERS responsibility to seek out and familiarize
himself/herself with the rules and regulations, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBERS right to use the
facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled
to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or
the rules and regulations governing the facility, the MEMBERS membership may be terminated by the club.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks
associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees
to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the
MEMBERS use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The
MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating
in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and
approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER
hereby assumes the risk of injury and death, which may result from such activities.
6. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or
guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBERS membership shall be
subject to immediate cancellation.
7. MEMBER agrees that MEMBER shall abide by the club dress code at all times, including a workout towel. Proper athletic footwear must be worn at all times. Proper attire must be
worn at all times for the exercises or activities being performed. Men and Women must wear shirts at all times while in the facility. All music devices must be used with headphones.
8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests
or employees. If MEMBER engages in such behavior, MEMBERS membership shall be subject to immediate cancellation.
9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. 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, liver dysfunction,
sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that 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 CLUB premises.
10. 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 Membership
Agreement.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all
costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings,
arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14. The Club reserves the right to refuse Membership to anyone. The decision to refuse Membership is solely at the discretion of Club Management.
15. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBERS right to use the
facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled
to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the
rules and regulations governing the facility, the MEMBERS membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.
16. Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement
are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that CORE Health and Fitness and Club Systems, including its agents
and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently
provided by Member to CORE Health and Fitness and/or Club Systems
17. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the
construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and Texas law shall apply. In the event of a claim arising out of
or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within
a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on
the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the
member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its
third party payment processor, which is currently Club Systems
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN
ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR
IN A PRIVATE ATTORNEY GENERAL CAPACITY.
18. E-SIGN Consent. Certain laws and regulations may require CORE Health and Fitness and/or Club Systems, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that CORE Health and Fitness and/or Club Systems, may provide Member.
Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic documents by contacting CORE Health and Fitness and/or Club Systems, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of CORE Health and Fitness and/or Club Systems Upon withdrawing consent, Member shall no longer receive the Documents electronically.
Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with CORE Health and Fitness and/or Club Systems, and to promptly notify CORE Health and Fitness and/or Club Systems, of any changes to Member’s e-mail address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of CORE Health and Fitness and/or Club Systems To access, view and receive the Documents electronically, Member agrees and acknowledges
that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or
device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then CORE Health and Fitness and/or Club Systems, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to CORE Health and Fitness and/or Club Systems
By checking this box, you agree that CORE HEALTH AND FITNESS, may deliver or cause to be delivered to you at the telephone number provided by you in your membership application and membership contract, telephone calls, telemarketing calls, SMS messages (including text messages), voicemail messages and similar communications using automated systems and technology (including automatic telephone dialing systems), and/or artificial or prerecorded voice messages. Such communications would be about your account, as well as offers from CORE HEALTH AND FITNESS. You acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. You may opt-out at any time. Message and data rates may apply. Message frequency varies. For SMS: text STOP to cancel messages.