GENERAL: Fitness Evolution may allow a Member to use other Fitness Evolution facilities at its sole discretion. Fitness Evolution reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by Fitness Evolution and may be changed at any time in its sole discretion. Fitness Evolution 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 valid Drivers 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 Fitness Evolution 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. Fitness Evolution reserves the right to modify, amend or supplement the Rules and Regulations from time-to-time in its sole discretion. Fitness Evolution may cancel Member`s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Fitness Evolution in it`s 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.
Kid’s club is for ages 6 weeks through 11 years to use for up to 2 hours per day. Members ages 12 to 15 years need to work out with their parents. Kid’s Club staff will not change diapers. As Courtesy to other members and our staff, children who are ill are not allowed into the Kid’s Club. This includes a fever in the past 24 hours, a child who has vomited or had diarrhea in the past 24 hours, conjunctivitis, drainage from eyes or nose and/or coughing, any child who has been sent to a clinic and who has been issued an antibiotic for any condition in the past 48 hours. If your child’s condition changes during his/her stay you will be contacted immediately and asked to remove your child until they have no signs of illness. Your Child must have a Kid’s Club membership and be signed in and out. You must have a photo ID on file when you drop off your child/children. Make sure every item brought to Kid’s Club is properly labeled. For the safety of our children who attend Kid’s Club with allergies, snacks are not allowed in children’s back packs or diaper bags while left at Kid’s Club. You must let staff know where you will be in the building so you may be easily located if a situation arises which requires your assistance.
LIABILITY FOR PERSONAL PROPERTY: Fitness Evolution 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 Fitness Evolution premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Fitness Evolution for any damage to Fitness Evolution 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, Fitness Evolution 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 Fitness Evolution 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 Fitness Evolution when due, Member shall pay all costs and expenses of collection incurred by Fitness Evolution, 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 the Home Gym. 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 the Home Gym 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 moneys paid. You may also cancel this Agreement if the Home Gym 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 of 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 Fitness Evolution 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 Fitness Evolution). If you cancel after the three business days, Fitness Evolution 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 Fitness Evolution that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his/her intended use of Fitness Evolution facilities. Member acknowledges that Fitness Evolution has not given Member any medical advice before Member joined Fitness Evolution and cannot give Member any such advice after Member joins Fitness Evolution, whether related to Member`s physical condition and ability to use the facilities and services of Fitness Evolution or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Members physician or other health professional before using Fitness Evolution facilities.
WAIVER OF LIABILITY; ASSUMPTION OF RISK: Member acknowledges that the use of Fitness Evolution 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 Fitness Evolution, 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 tracts, swimming pools, hot tubs, courts or other areas of Fitness Evolution, (iii) injuries or medical disorders resulting from exercising at any Fitness Evolution, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Fitness Evolution facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. Member acknowledges that (v) Fitness Evolution does not manufacture any of the fitness or other equipment at its facilities and (vi) Fitness Evolution does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Fitness Evolution, 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 Fitness Evolution, 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 Fitness Evolution, 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
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 Fitness Evolution. Consent may be withheld in Fitness Evolutions 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 Fitness Evolution hereunder shall be given by personal delivery to the General Manager of Fitness Evolution or by certified mail, return receipt requested, addressed to Fitness Evolution 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 the 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 ultravi9olet 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.
