This Member Agreement (this `Agreement`) will renew automatically on a month-to-month basis at the end of the initial term referred to above, with monthly dues to be paid in the amount equal to the dues in effect at that date. Member may cancel this Agreement at any time after the initial term referred to above, by sending a 30-day written notice prior to the monthly dues date to Skilled Fitness & Therapy complying with the provisions set forth below. Cancellation shall be effective in 30 days. To stop any EFT transaction we need 3 business days to process a cancelled membership or change monthly EFT.
I wish to make my payments to Skilled Fitness & Therapy through its Pre-Authorization Payment Program. I hereby authorize my bank or credit card company to make my payment for monthly dues, any unpaid past dues, and other fees, taxes or charges from the account I used to pay for the Total Due Today or from the account shown above. Your account will be billed on or around the 1st day of the month until you cancel in accordance with this Agreement. I agree to pay a service fee of $10.00 as well as any other charges allowed by law for any EFT or credit card charge not honored by my bank or credit card company. I understand that Skilled Fitness & Therapy may, upon written notice, change the date that my monthly dues are debited from my account.
Member acknowledges that the use of Skilled Fitness & Therapy facilities, equipment, services and programs involves an inherent risk of personal injury to Member and Members guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member`s spouse, children, unborn children, other family members, guests or invitees and waive any and all claims or actions that Member may have against Skilled Fitness & Therapy, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury, including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, running tracks, courts or other areas of Skilled Fitness & Therapy, (iii) injuries or medical disorders resulting from exercising at any Skilled Fitness & Therapy, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Skilled Fitness & Therapy facilities, including locker rooms, sauna, showers and dressing rooms. Member acknowledges that (v) Skilled Fitness & Therapy does not manufacture any of the fitness or other equipment at its facilities and (vi) Skilled Fitness & Therapy does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Skilled Fitness & Therapy, any of its subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify each of Skilled Fitness & Therapy, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an `Indemnified Party`) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified party as and when incurred for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtues of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member`s membership. I am aware there are risks to me of exposure to directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my family’s participation. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Skilled Fitness & Therapy, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), from any and all claims, demands, losses, and liability arising out of or related to any ILLNESS, INJURY, DISABILITY OR DEATH I may suffer, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
GENERAL: The hours of operation will be set by Skilled Fitness & Therapy and may be changed at any time in its sole discretion. Skilled Fitness & Therapy expressly reserves the right to add, eliminate or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. Members will need to show a valid Driver’s License when signing up. After signing up the member will be required to be photographed for their account. RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of Skilled Fitness & Therapy equipment and facilities and participation in programs and services (the `Rules and Regulations`). Member agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Skilled Fitness & Therapy reserves the right to modify, amend or supplement the Rules and Regulations from time-to-time in its sole discretion. Skilled Fitness & Therapy may cancel Member`s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Skilled Fitness & Therapy in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation. Members under 16 years old need to be accompanied by an adult/guardian to enter this facility. Guests under 18 years old need to be accompanied by an adult/guardian to enter this facility. No one under the age of 14 may be in the pool by themselves. No guests under the age of 16 are allowed in the weight area. Members ages 12 to 15 years need to work out with their parents. LIABILITY FOR PERSONAL PROPERTY: Skilled Fitness & Therapy shall not be liable to Member or any of Member`s guests or invitees for any personal property that is damaged, lost or stolen while on or around Skilled Fitness & Therapy premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Skilled Fitness & Therapy for any damage to Skilled Fitness & Therapy facilities or any equipment, furniture or fixture located thereon caused by Member or any Member`s guests or invitees. PAYMENT DEFAULT: If Member fails to pay any amount when due under this Agreement, Skilled Fitness & Therapy shall be entitled, at any time in its sole discretion, to suspend or cancel Members membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Skilled Fitness & Therapy that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to Skilled Fitness & Therapy when due, Member shall pay all costs and expenses of collection incurred by Skilled Fitness & Therapy, including reasonable attorney`s fees and expenses. BUYERS RIGHT TO CANCEL: If you wish to cancel this Agreement, you may cancel by making or delivering written notice to Skilled Fitness & Therapy. The notice must say that you do not wish to be bound by this Agreement and must be delivered or mailed before midnight of the third business day after you sign this Agreement. The notice must be delivered or mailed by certified mail, return receipt requested, addressed to Skilled Fitness & Therapy at the address set forth at the beginning of this Agreement, to the attention of the General Manager. If canceled within three business days, you will be entitled to a refund of all money paid. You may also cancel this Agreement if Skilled Fitness & Therapy goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor`s, physician`s assistant or nurse practitioner`s certificate, and Skilled Fitness & Therapy may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician`s assistant or nurse practitioner agreeable to you and the health club (cost of exam to be borne by Skilled Fitness & Therapy). If you cancel after three business days, Skilled Fitness & Therapy may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation. PROCESSING FEE: Fee is non-refundable in event of membership cancellation. LATE CHARGE: You will be charged up to $25.00 for any EFT or credit card payment that cannot be processed. AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make changes to this agreement or make any independent agreement with any Member. Member likewise cannot make any alterations or changes to this Membership Agreement. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Skilled Fitness & Therapy that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his/her intended use of Skilled Fitness & Therapy facilities. Member acknowledges that Skilled Fitness & Therapy has not given Member any medical advice before Member joined Skilled Fitness & Therapy and cannot give Member any such advice after Member joins Skilled Fitness & Therapy, whether related to Member`s physical condition and ability to use the facilities and services of Skilled Fitness & Therapy or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Members physician or other health professional before using Skilled Fitness & Therapy facilities. MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Minnesota without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Skilled Fitness & Therapy. Consent may be withheld in Skilled Fitness & Therapy`s absolute discretion, (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to Skilled Fitness & Therapy hereunder shall be given by personal delivery to the General Manager of Skilled Fitness & Therapy or by certified mail, return receipt requested, addressed to Skilled Fitness & Therapy at the address set forth at the beginning of this Agreement, to the attention of the General Manager. NOTICE OF CONSUMER RIGHTS: This Club is not permitted to accept any initiation fee in excess of $125 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance. If the facility is closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund. If the closing is not the fault of the business, we are entitled to choose. You have the right to cancel this contract within 3 business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the contract. This Notice is an integral part of this Agreement. The buyer should attempt to resolve any complaint the buyer has with the health club. NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. TANNING: Precautions are necessary for tanning. I agree that I will comply with all instructions on the use of the UVA Tanning System and that I am using these services at my own risk and protecting my vision by using tanning goggles. Tanning goggles are mandatory. We, our employees and agents, are not liable for any injury to persons or property caused in any way by the use of its services or its premises. Also, we are not liable for the loss or theft of any personal property. Each person is responsible for safeguarding their own property. Warning: This device uses ultraviolet radiation. Follow all instructions and avoid over exposure. As with natural sunlight, over exposure can cause eye and skin injury and allergic reactions. Failure to use protective eyewear may result in severe burns or long-term injury to the eyes. Medications or cosmetics may increase your sensitivity to the ultraviolet rays. Consult your physician before using the tanning system if you are using medications or have a history of skin problems or believe skin is especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of the tanning system.