MEMBERSHIP FEE: Your membership fee entitles you to all the rights and privileges of membership at Island Gym and Fitness (the club). You agree that by signing this contract, you are required to pay for all membership dues and on-account charges whether or not you utilize the services of the club. Unless within 3 days of the contract begin date, this agreement cannot be cancelled or payments withheld during the initial term. In order to terminate billing during the open renewal period, you must formally apply for cancellation of this contract in writing (see below). If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less. BILLING: All accounts with a balance due for membership or on-account charges will be processed/drafted daily. PRICE INCREASE: Island Gym and Fitness reserves the right to increase membership dues at any time. LATE FEE: If your account is past due (1) day, a late fee of $15.00 will be imposed. This applies to every (all) individual past due invoices on account 15 days past due. AUTOMATIC OPEN RENEWAL: Upon the expiration of your initial membership term, your scheduled payments will continue in accordance with the contract for the rate and frequency as outlined. Your membership dues will not increase as long as your payments stay current, your credit is in good standing, and you do not apply for cancellation of this contract. Please be advised that scheduled dues payments in the open renewal period will continue indefinitely until you apply for cancellation. See below for cancellation policy and procedures.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other infectious diseases by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious diseases at Iron Pride Gym may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Iron Pride Gym’s employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Iron Pride Gym. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Iron Pride Gym, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Iron Pride Gym, its employees, agents, and representatives, whether a COVID-19 infection or other infectious disease occurs before, during, or after participation at Iron Pride Gym. I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit, I agree to do so in the state where Iron Pride Gym is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. If I have signed a separate general waiver of liability connected to my participation at Iron Pride Gym, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver. I agree that I will practice safe social distancing and clean hygiene during my participation at Iron Pride Gym.
If at any time during the class, you feel discomfort or strain, gently come out of the posture. You may reset at any time during the class. It is important in yoga that you listen to your body and respect its limits on any given day. I, the undersigned, understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. I should consult a physician prior to beginning any activity program, including yoga. I recognize that is it my responsibility to notify my instructor of any serious illness or injury before every yoga class. I will not perform any postures to the extent of strain or pain.
I accept that neither the instructor, nor Pride and Iron LLC, is liable for any injury, or damages, to person or property, resulting from taking the class. Those under 18 years of age must have this form signed by a parent or guardian.
Yoga Waiver
If at any time during the class, you feel discomfort or strain, gently come out of the posture. You may reset at any time during the class. It is important in yoga that you listen to your body and respect its limits on any given day. I, the undersigned, understand that yoga is not a substitute for medical attention, examination, diagnosis, or treatment. I should consult a physician prior to beginning any activity program, including yoga. I recognize that is it my responsibility to notify my instructor of any serious illness or injury before every yoga class. I will not perform any postures to the extent of strain or pain.
I accept that neither the instructor, nor Pride and Iron LLC, is liable for any injury, or damages, to person or property, resulting from taking the class. Those under 18 years of age must have this form signed by a parent or guardian.
Upon roughly eight weeks of membership start up, buyer agrees to pay seller an annual maintenance fee of 51.99 via debit transaction to the card on file.
TERMS AND CONDITIONS OF PAYMENT PLAN AND GYM MEMBERSHIP PROMISE TO PAY: BUYER PROMISES TO SELLER BUYER’S DOWN PAYMENT AND THE TOTAL PAYMENTS ACCORDING TO THE PAYMENT SCHEDULE SHOWN ABOVE. TERMS OF MEMBERSHIP AND RENEWAL PROVISIONS: TERMS OF THIS CONTRACT YOUR PAY PLAN CONTRACT WILL AUTOMATICALLY EXTEND MONTH-TO-MONTH FOLLOWING YOUR FIRST MONTHLY PAYMENT. YOU ARE RESPONSIBLE FOR RENEWING YOUR PAY IN FULL MEMBERSHIPS AT THE EXPIRATION DATE OF THIS CONTRACT, AT THE END OF THE TERMS LISTED, OR BEFORE. DEFAULT: YOU ARE IN DEFAULT IF: A) WE DO NOT RECEIVE AN INSTALLMENT FROM YOU ON OR BEFORE THE DATE IT IS DUE OR B) YOU FAIL TO FULFILL ANY OBLIGATION OR PROMISE UNDER THIS AGREEMENT INCLUDING BUT NOT LIMITED TO FULL COMPLIANCE WITH CLUB RULES AND REGULATIONS. RETURNED PAYMENT FEE: IF A CHECK, CREDIT OR DEBIT CHARGE FOR THE PAYMENT IS NOT HONORED BY THE BANK, THEN SELLER MAY ADD A FEE OF $25.00 OR ANY AMOUNT EQUAL TO THE ACTUAL CHARGE BY THE BANK. ACCELERATION OF PAYMENTS: IF YOU ARE IN DEFAULT IN THE AGREEMENT, SELLER CAN IMMEDIATELY WITHOUT MOTIVE DEMAND PAYMENT OF ALL UNPAID INSTALLMENTS. ATTORNEY’S FEES AND COURT COSTS: IF YOUR FAILURE TO PAY ONE OR MORE OF THE INSTALLMENTS DUE UNDER THIS AGREEMENT RESULTS IN SELLER’S RETAINING AN ATTORNEY FOR COLLECTION OF THE INSTALLMENTS HEREUNDER, YOU SHALL BE RESPONSIBLE FOR THE PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY FEES OF FIFTEEN PERCENT (15%) OF THE UNPAID PRINCIPLE AND INTEREST DUE HEREAFTER. RESTRICTIONS ON CANCELLATION OR ASSIGNMENT: YOU UNDERSTAND THAT YOU HAVE SIGNED AN INSTALLMENT PROMISSORY NOTE. YOUR FAILURE TO USE THE MEMBERSHIP OR FACILITIES DOES NOT RELIEVE YOU OF YOUR LIABILITY FOR PAYMENT HEREUNDER OTHER THAN AS DESCRIBED IN THIS AGREEMENT, AND YOUR MEMBERSHIP IS ABSOLUTELY NONTRANSFERABLE, NON-ASSIGNABLE, NONREFUNDABLE, AND CANNOT BE CANCELLED, 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. MEMBERSHIP CANCELLATION: A. BUYER MUST PROVIDE SELLER WITH A WRITTEN NOTICE THIRTY (30) DAYS PRIOR TO DESIRE TO CANCEL. IT IS YOUR RESPONSIBILITY TO NOTIFY SELLER IF YOU WISH TO CANCEL MEMBERSHIP. SELLER IS NOT OBLIGATED IN ANY WAY TO REFUND MEMBERSHIP DUES OR ENROLLMENT FEE IN EVENT OF CANCELLATION OR AFTER TRANSMISSION OF MONTHLY PAYMENT INFORMATION. B. YOUR ESTATE MAY CANCEL IN THE EVENT OF YOUR DEATH. DISABLED POLICY: ANNUAL MEMBERSHIPS CAN BE SUSPENDED UP TO THREE (3) MONTHS DUE TO INJURY OR PREGNANCY WITH PROPER VERIFICATION FROM YOUR PHYSICIAN. RULES AND REGULATIONS (POSTED IN GYM): YOU UNDERSTAND THAT A VIOLATION OF THE RULES MAY CAUSE YOUR MEMBERSHIP IN THE CLUB TO BE IMMEDIATELY TERMINATED AT THE DISCRETION OF SELLER. IN THE EVENT OF TERMINATION OF YOUR MEMBERSHIP BY SELLER FOR RULE VIOLATIONS, YOUR LIABILITY FOR ANY PAYMENT OCCURRING AFTER YOUR MEMBERSHIP EXPIRATION DATE SHALL CEASE. SELLER RESERVES THE RIGHT TO MAKE ADDITIONAL RULES AND REGULATIONS AS IT DEEMS NECESSARY IN ITS SOLE DISCRETION. 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 SHALL CONSULT A PHYSICIAN BEFORE UTILIZING THE PROGRAMS AND FACILITIES OF THE SELLER. LIABILITY: IF MORE THAN ONE BUYER IS SIGNING THIS AGREEMENT, EACH BUYER IS JOINTLY AND SEVERELY RESPONSIBLE TO FULLY PERFORM ALL OBLIGATIONS UNDER THIS AGREEMENT. IT IS BUYER’S RESPONSIBILITY TO KNOW WHETHER THIS AGREEMENT IS IN DEFAULT FOR NONPAYMENT OR ANY OTHER REASON. LAW APPLICABLE: MICHIGAN STATE LAW GOVERNS THIS AGREEMENT. INVALID PROVISION: THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED TO BE VOID, INVALID, OR UNENFORCEABLE, IT IS THE INTENTION OF ALL PARTIES TO THIS AGREEMENT THAT THE REMAINDER OF THE AGREEMENT WILL REMAIN VALID AND ENFORCEABLE. WAIVER OF EXEMPTIONS: BUYER WAIVES, AS TO THE 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 THE STATE OF MICHIGAN OR ANY OTHER STATE. * LIABILITY WAIVER: IT IS EXPRESSLY AGREED THAT ALL USE OF THE FITNESS FACILITY INCLUDING CHILD CARE AND AEROBICS, SHALL BE UNDERTAKEN BY THE BUYER AT HIS OR HER OWN RISK. IT IS FURTHER AGREED THAT THE SELLER SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO BUYER OR HIS GUESTS, NOT THE PROPERTY OF ANY BUYER OR HIS 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, ITS SUCCESSORS OR ASSIGNS OR OFFICERS AND AGENTS. IT IS SPECIFICALLY AGREED THAT THE SELLER SHALL NOT BE RESPONSIBLE OF LIABLE TO BUYER OF HIS GUESTS, IF ARTICLES LOST OR STOLEN I THE CLUB. THE SELLER SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE LOSS OR DAMAGE TO ANY OTHER PROPERTY OF BUYER OR HIS GUESTS, INCLUDING AUTOMOBILES AND THE CONTENTS THEREOF. IT IS ALSO AGREED THAT ANY DAMAGE TO THE CLUB FACILITIES OR PROPERTY OF ANY BUYER BY ANOTHER BUYER OR HIS GUESTS, IS THE SOLE RESPONSIBILITY OF THE OFFENDING BUYER. * CHILD WAIVER: YOU AGREE YOUR SON / DAUGHTER NAMED ABOVE WILL BE ENGAGING IN PHYSICAL EXERCISE INVOLVING VARIOUS SPORTS, AND FITNESS TRAINING WHICH COULD CAUSE INJURY TO THEM. YOU AGREE THAT YOUR SON OR DAUGHTER IS VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND IS ASSUMING ALL RISKS OF INJURY THAT MAY RESULT. YOU HEREBY AGREE TO WAIVE ANY CLAIMS OR RIGHTS THAT YOU MIGHT OTHERWISE HAVE TO SUE US, OUR EMPLOYEES, OWNERS, OFFICERS, OR AGENTS FOR INJURIES THAT MIGHT OCCUR AS A RESULT OF THESE ACTIVITIES. WE WILL MAKE NO EVALUATION OR RECOMMENDATION WHETHER YOUR SON OR DAUGHTER IS PHYSICALLY FIT FOR ANY EXERCISE ACTIVITY. IF YOUR SON OR DAUGHTER HAS ANY PHYSICAL CONDITION THAT MAY IMPAIR THEIR ABILITY TO ENGAGE IN THESE ACTIVITIES, IT IS YOUR RESPONSIBILITY TO OBTAIN A PHYSICIANS STATEMENT DESCRIBING ANY LIMITATIONS TO PARTICIPATE IN THIS PROGRAM. IT IS ALWAYS ADVISABLE TO CONSULT YOUR PHYSICIAN PRIOR TO UNDERTAKING ANY PHYSICAL EXERCISE PROGRAM. NOTICE TO BUYERS: A) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. B) YOU ARE ENTITLED TO EXACT OF THE PAPER YOU SIGN PER REQUEST. NOTICE: ANY HOLDER OF THE CONSUMER CREDIT AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH BUYER COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE BUYER SHALL NOT EXCEED AMOUNTS PAID BY THE BUYER HEREUNDER. I CERTIFY THAT I HAVE READ THE RULES AND REGULATIONS OF THE CLUB. I CERTIFY THAT I HAVE FULLY READ THIS MEMBERSHIP AGREEMENT AND WILL COMPLY WITH THE CONTENTS HEREIN.