PROMISE TO PAY: Buyer promises to pay to Seller or to Seller’s Order, Buyer’s Cash Down Payment and the Total of Payments according to the payment schedule shown above. Buyer shall make all payments to Seller at the address shown above unless Seller notifies Buyer in writing to make payments to a different address.
RENWAL: You understand that you have signed an installment promissory note. Failure to use the membership does not relieve you of your liability for payment. Your membership is absolutely nontransferable, non-assignable, non-refundable except as provided in the contract. Services under the contract are for 12 months. After the initial 12 month period, buyer has 30 days to notify Seller in writing if buyer desires to cancel his/her membership. If written notice of cancellation is not received during the month. The 12 month agreement is for a one year membership to dba INFINITY TRAINING & WELLNESS INC. that will be paid out for 12 monthly payments. A one year paid in full membership agreement is for a full one year membership to dba INFINITY TRAINING & WELLNESS INC. there are no payments that will be drafted until the renewal date stated above. This contract and your obligation to pay will be automatically converted to a month to month membership for a period not to exceed 12 months at a dues rate then being charged for the type of membership you originally purchased. Seller reserves the right of its own discretion to terminate this contract at the expiration of the initial contract period (12 months) if you are not a member in good standing at such time. After automatic extension, you can cancel your membership on 30 days written notice. If this contract is not extended as described above and you later want to renew your membership an initiation fee will be charged. Buyer shall continue to be responsible for payment of all installments that have accrued under the terms of this Agreement prior to Buyer’s giving Seller written notice of his relocation, including documentation of change of city, and written cancellation. For purposes of construction herein residence shall mean domicile. Any refund that Buyer may be entitled to shall be determined by pro-rating the membership or extension fee, whichever appropriate, over the unused portion of the membership or extension term. BUYER MUST BE 18 YEARS OF AGE AND POSSESS A VALID DRIVERS LICENSE IN ORDER TO HAVE ACCESS TO THE GYM 24 HOURS ALONE. ALL OTHERS WITHOUT A VALID LICENSE MUST BE ACCOMPANIED BY AN ADULT.
Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and dis- charge Infinity Training & Wellness from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against Infinity Training & Wellness for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
Furthermore, you understand that all services are non-refundable and nontransferable and have noted the expiration period for such services.
By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
TERMS AND CONDITIONS OF AGREEMENT CANCELLATION AND REFUND POLICY IF YOU WISH NOT TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT: BY MAILING TO 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 NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:INFINITY TRAINING & WELLNESS INC. 3520 WOODROW RD. SUIT 100 Lubbock, TX 79423 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 ENROLLED, YOU MAY: (A) CANCEL THIS CONTRACT 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 FOLLOWING ADDRESS:INFINITY TRAINING & WELLNESS INC. 3520 WOODROW RD. SUIT 100 Lubbock, TX 79423 (B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUESTED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE CLOSURE OR RELOCATION POSTED ON THE SECRETARY OF STATE`S INTERNET WEBSITE. 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 FOR THE 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 FOLLOWING ADDRESS:INFINITY TRAINING & WELLNESS INC. 3520 WOODROW RD. SUIT 100 Lubbock, TX 79423. IF THE SPA DOES NOT REMAIN OPEN FOR 30 DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID.