CONDITIONS 1: 2:The privilege of membership will carry no right of participation in management or control of the finances of Empower Fitness. 3. Closure. Move or Sale of Club: Empower Fitness may permanently close or move your club of enrollment without any effect on this agreement if it transfers your membership to a compatible Club within 20 miles of the one affected. 4. If a Member is unable to use the facilities as provided herein due to a disability or if said Member dies, he and his estate shall be relieved from the obligation of making payment for services other than those received prior to this death or the onset of the aforementioned disability. If he has prepaid any sum for services, so much of sum is allocable to services he has not taken shall, upon receipt of notice of death or disability, be promptly refunded to him or his representative. Whenever a refund is due a Member from a prepaid sum for service not taken by the member, such refund will reflect a proration of the total prepaid sum. including the initiation fee. in accordance with the monthly dues rate even if prepaid sum was an advanced discounted annual dues. 5. If Member changes permanent residence to over 25 miles from Empower Fitness, such member shall be relieved from the obligation of making payment for services other than those received prior to the move. If the Member wishes to exercise their right under this clause. Member will be charged a $200 cancellation fee. 6. Membership may be transferred to an eligible person at any time, if member chooses to do so. New member must fill out new agreement with the original members fulfillment date. New billing information will be obtained from the new member. 7. Failure to utilize Empower Fitness facilities does not relieve Member of the obligation to pay this membership in full. RULES AND REGULATIONS Rules and regulations as set forth are part of the Membership Agreement and Member is obligated to observe and comply with them. Empower Fitness may make reasonable changes from time to time. Said changes shall be posted on the premises. HOURS: Empower Fitness shall be open for use Monday through Friday 5:00 a.m. to 9 p.m., Saturday 8 a.m. to 8 p.m. and Sunday 10 a.m. to 6 p.m. These times are subject to reasonable adjustments and may be changed for holidays, special occasions, or extraordinary maintenance at the discretion of the management. 2. REGISTRATION: All members, upon entering Empower Fitness are required to show their membership card and register at the reception desk Guests are welcome and must be registered and fees paid at the reception desk. Lost membership card charge is $10.00. 3. WARRANTY OF PHYSICAL FITNESS: The member warrants that he/she is in good physical condition and has no disability, impairment or ailment which would be adversely affected by participation in a physical conditioning program or by use of the gym`s facilities or services. 4. CLOTHING REQUIREMENTS: Shirts, athletic shoes and appropriate exercise clothing (i.e. sweats, leotards) are required in exercise areas. No jeans. please. If you perspire heavily, wipe down the equipment after your repetitions. 5. DAMAGE TO OR MAINTENANCE OF THE FACILITIES: Should the facility be unavailable for Member`s use due to damage by fire, act of God. catastrophe, accident, construction, extraordinary maintenance, the membership term for each member shall be extended for a period of time equal to the time of such unavailability. 6. VIOLATIONS OF RULES AND REGULATIONS: In the event a Member violates any of the rules, regulations and conditions of membership herein contained or posted on Empower Fitness premises. Empower Fitness may terminate his membership immediately. If the terminated Member has prepaid any sum for services, on his written request so much of such sum is allocable to services he has not taken and shall be promptly refunded to him. Whenever a refund is due a Member from a prepaid sum for services not taken by the Member, such refund will reflect a proration of the total prepaid sum. not including the initiation fee. in accordance with the monthly dues rate, even if the prepaid sum was advanced or discounted annual dues. 7. RETENTION OF DUES TO COVER DAMAGES: In the event a Member, through negligence or willfulness, damages any of the facilities. Empower Fitness may terminate his membership and retain as much of the prepaid sum as is allocable to services he has taken and to cover damages caused by the Member. The initiation fee shall not be refundable nor applicable to cover damages. This provision does not in any way preclude Empower Fitness from seeking damages beyond the amount of the prepaid sum. nor is Empower Fitness precluded from seeking damages without terminating membership. 8. DEFAULT IN FEE OBLIGATION: All monthly dues obligations are due and payable each month. If dues become thirty (30) days delinquent, use of Empower Fitness facilities will be suspended. If dues become sixty (60) days delinquent, member will automatically be terminated and, if applicable, the unpaid balance of the initial term will become due and payable. The Member will also be responsible for reasonable attorney fees for collection of a delinquent account. There will be a $25.00 charge for returned checks.
EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING EMAILS, CALLS, and TEXTS: by signing this agreement, you (member) authorize the club/facility and/or its service providers, partners, affiliates, including, without limit to deliver, or cause to be delivered to member, at the telephone numbers or email provided by member in this agreement, telemarketing calls, telemarketing texts/emails, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.