By purchasing a memberships you are agreeing to be charged on a recurring weekly or monthly cycle. If you enrolled in the "2 month essential promo" on or after June 15th, your agreeing to being charged $14.94/weekly or $60 monthly for the first 2 months and then transitioned to the standard weekly rate of $24.94 or $92 monthly, continuing until you choose to cancel.
If you enrolled in the "1 month ultimate promo" on or after June 15th, your agreeing to being charged $19.50/weekly or $78 monthly for the first month and then transitioned to the standard weekly rate of $29.94 or $120 monthly, continuing until you choose to cancel.
I authorize Fan Club Health and Fitness or its agents on its behalf to, depending on my method chosen, automatically and without notice charge my designated credit/debit card or draft from my designated checking/savings account (together, "EFT"), for this membership`s Joining Fees and first month`s Membership Dues on the date of my enrollment, and on a monthly basis thereafter for any and all amounts due. I have a right to receive notice if Fan Club Health and Fitness increases my monthly Membership Dues drafted from my designated checking/savings account. If Fan Club Health and Fitness increases my monthly Membership Dues by 7% or less, I waive any written notice to me of such increase to the amount of my monthly EFT.
Any aspect of this membership may be amended and the rights in and to this membership may be assigned by Fan Club Health and Fitness without notice. By providing an e-mail address, I expressly consent to receiving both membership-related and commercial e-mail messages regarding various products and services inside Fan Club Health and Fitness. Cancellation information is found in the Termination provision below, which includes the ability to send a cancellation notice to [email protected] 10 days prior to your billing date. Your obligation to pay Membership Dues is not dependent upon usage of facility.
Electronic Transactional Communications
You agree and consent to receive electronically Fan Club Health and Fitness initiated transactional communications, agreements, statements, notices and disclosures. Electronic Transactional Communications include, but are not limited to: agreements and policies you agree to (e.g., the renewal dues terms, membership terms and conditions,annual fee terms, Terms of Use, Accessibility Policy, and Privacy Policy), including updates to or related to these documents (e.g. increases to your Membership Dues or material changes to agreements). When you have opted into receiving such Electronic Transactional Communications, we may provide these Electronic Transactional Communications to you by posting them on Fan Club Health and Fitness website (www.fanclubhealthandfitness.com) or by emailing you at the primary email address listed in your Fan Club Health and Fitness membership account.
Without expectation of compensation or other remuneration, now or in the future,I hereby give my consent to Fan Club Health and Fitness, its affiliates and agents, to use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities (including the Internet).
This consent includes, but is not limited to:
· (a) Permission to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record my voice;
· (b) Permission to use my name; and
· (c) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness.
This consent is given in perpetuity, and does not require prior approval by me.
Receipt of Electronic Transactional Communications
Electronic Transactional Communications will be deemed received by you when such Electronic Transactional Communication is posted on Fan Club Health and Fitness website or sent to you. You agree that if Fan Club Health and Fitness sends you an Electronic Transactional Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Transactional Communications, Fan Club Health and Fitness will be deemed to have provided the Electronic Transactional Communication to you.
IN CONSIDERATION of being permitted to utilize the exercise/fitness equipment (the `Equipment`) provided by TCON59, LLC d/b/a Fan Club Health and Fitness (`Fan Club`) at 4665 Southwest Freeway, Houston, Harris County, Texas (the `Facilities`, which shall also include, without limitation, any other areas where I exercise or train with any of Fan Club Health and Fitness personnel), and to participate in various exercise and fitness activities at the Facilities, I hereby expressly, irrevocably and unconditionally acknowledge and agree (on behalf of myself and my representatives, beneficiaries and heirs) to the following provisions contained in this Indemnification and Release of Liability (the `Release`): 1. I agree to expressly RELEASE, INDEMNIFY AND HOLD HARMLESS Fan Club Health and Fitness (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Fan Club Health and Fitness) from and against any and all claims, demands, actions, liabilities, costs, expenses, and/or damages asserted against, imposed upon or incurred by Fan Club Health and Fitness on account of death or injury to any person (including, without limitation, my own person), or damage to or theft of any property (including, without limitation, my own property) arising from or in connection with, or as a result of my use of the Equipment, my participation in any exercise or fitness activities at the Facilities or any related activities, or my presence at, on or around the Facilities. I expressly acknowledge and agree that Fan Club Health and Fitness shall not be held responsible in any manner for any property lost, stolen or damaged while at, on or around the Premises or otherwise. I further agree to pay Fan Club Health and Fitness`s court costs, reasonable attorneys` fees incurred and all other associated costs arising out of or in connection with such claims, demands, actions, liabilities, costs, expenses, and/or damages including, without limitation, all costs incurred in establishing the enforce ability of this Release. I expressly, irrevocably and unconditionally agree that the terms and provisions of this Release shall apply WITHOUT REGARD TO WHETHER THE CLAIM, DEMAND, ACTIONS, LIABILITY, COST, EXPENSE, AND/OR DAMAGE IS BASED ON THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MYSELF OR ANY OTHER PARTY OR WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER TORT. I HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT THIS SECTION SHALL SURVIVE THE TERMINATION THIS RELEASE, THE TERMINATION OF MY USE AT Fan Club Health and Fitness OR OTHERWISE. 2. I am aware that there are inherent and other risks (including potential serious injury, permanent disability and death) involved in my use of the Equipment and my participation in the exercise and fitness activities. I expressly acknowledge that Fan Club Health and Fitness does not provide any supervision, instruction or assistance relating to the use of the Equipment or the exercise and fitness activities. I therefore knowingly, freely, expressly, irrevocably and unconditionally agree to assume all such risks, whether known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT of Fan Club Health and Fitness (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Fan Club Health and Fitness) and assume full responsibility for my use of the Equipment, my participation in any exercise and fitness activities and/or any activity incident thereto. 3. I expressly agree to comply with all rules and regulations imposed by Fan Club Health and Fitness regarding the use of the Facilities and the Equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using the Equipment in a manner that is inconsistent with its intended design and purpose. 4. I understand that this Release shall be governed by the laws of the State of Texas, without giving effect to the conflicts of law principles of any state. I hereby irrevocably consent to be subject to the personal jurisdiction of any United States, state, or local court sitting in Harris County, Houston, Texas in connection with any action to determine any dispute arising under this Release or to enforce the provisions hereof. 5. I understand that whenever possible, each provision of this Release shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of this Release is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Release. a. A health spa operator is required to include the statement under Subsection (a)(3)(B) in a contract only if the operator is required to post security with the secretary of state under Sub chapter D. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended By: Acts 2005, 79th Leg., Ch. 908 (H.B.135), Sec. 6, eff. September 1,2005. Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 6, eff. September 1, 2011. I HAVE READ THIS INDEMNIFICATION AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY.
Your annual fee will be $46.92+Tax billed proceeding after your first month and will be billed every year following.
I agree to pay the Joining Fees listed above to obtain this membership, including enrollment and/or administrative fees. These are non-refundable fees, except as otherwise described. If membership or any member is terminated or removed, additional Joining Fees will apply at the time of rejoin.
Please scroll up to read which membership corresponds to your contract: By purchasing any of the memberships you are agreeing to be charged on a monthly cycle. Your billing cycle will be the closest date preceding today`s date. Billing cycles occur on the following dates of the month: the 4th, 8th, 12th, 16th, 20th, 24th, and the 28th. Membership Options: Fan Club Health and Fitness reserves the right to charge an Enrollment Fee for new members, based on the membership package purchased.
Cancellation: If you wish you cancel your membership you need to send in cancellation notice 10 days prior to your billing date to [email protected]