1. AUTORENEWAL - REOCCURING BILLING: You understand that this Agreement is for the term set forth in Section A Membership Type and Fee and You agree to pay consecutive monthly installments as you have selected in the Membership Type and Fee Section until the expiration of your term. After the expiration of your term, Your Membership will NOT automatically cancel and Membership will continue on a month to month basis (meaning that you will be charged monthly based on the Month to Month rate at the time your term expires) until You renew or cancel this Agreement. All requests for cancellation must be made in the manner prescribed in Section 4 and at least fifteen days in advance of the effective cancelation date.
2. CONSUMER`S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE AGREEMENT DATE; IN THE MANNER PRESCRIBED IN SECTION 4 OF THIS AGREEMENT. All monies paid pursuant to this Agreement shall be refunded within fifteen business days of receipt of such notice of cancellation. If You executed any credit or loan agreement to pay for all or part of health club services, any such negotiable Instrument executed by the You will also be returned within fifteen days.
3. ADDITIONAL RIGHTS TO CANCELLATION; You may also cancel this Agreement via 45 days written notice; in the manner prescribed in Section 4 for any of the following reasons:
a. If upon a doctor`s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.
b. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
c. If you move your residence more than twenty-five miles from the BQEHC (must provide satisfactory proof of new residence)
d. If, within the first twelve months of your membership, your employment is Involuntarily terminated without cause (must provide a letter from former Employer confirming termination of employment and reason for termination); provided that any Member canceling under this sentence shall be required to pay an early termination fee of $100.
e. If the services of the BQEHC cease to be offered as stated in the contract.
f. All monies, except any initiation or signup fees, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the BQEHC may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the BQEHC may demand the reasonable cost of goods and services which the buyer consumed or wishes to retain after cancellation of the contract. In no instance shall the BQEHC demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of the health club services, such negotiable instrument executed by the buyer shall also be returned within fifteen days. Promotional Months: Member agrees that if Member received any free months as an inducement to enter into this Agreement or as a result of referring new members, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled.
4. CANCELLATION PROCESS: Notice of cancellation shall be in writing and signed by You, either in person (must get proof of cancelation if in person), via email or mailed via certified mail, return receipt requested to the BQEHC at the address specified herein. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered or provided to You.
5. DEFAULT AND LATE PAYMENT: Should You default on any payment obligation as called for in this Agreement, the entire remaining balances shall be deemed due and payable upon demand, and You agree to pay allowable interest and all costs of collection, including, but not limited to, collection agency fees, court costs and attorney fees. Should any month payment become more than ten (10) days past due, You will be charged a Ten ($10.00) Late Fee.
6. MEMBER`S HEALTH WARRANTY: You represent that you are in good health and have no disability, impairment, injury, disease or ailment preventing from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise. You assume full responsibility for your use of the facility and shall indemnify BQE Health Club LLC, the owner of the club location, its affiliates, agents and employees against any and all liability arising out of use of the facilities.
7. RULES, REGULATIONS, AND SCHEDULES: YOU agree to abide by all the membership rules, regulations and schedules of BQEHC, which may be posted or issued orally, and which may be amended from time to time, at Management`s sole discretion.
8. PRESENTATION OF MEMBERSHIP CARD: NO ONE will be admitted to the BQE Health Club without displaying a valid membership card or registering as a guest.
9. INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.
10. GUESTS: Member guests are permitted in the club, provided however they must be validly registered and pay for a guest pass, all guests must comply with all BQEHC rules, regulations, fees, schedules as may then be in effect. BQEHC reserves the right to limit the number of times any one guest can use the club / facility and reserves the right to exclude any guest whose use of the club / facility, in the sole opinion of the BQEHC, would be detrimental to the club / facility or any of its members. All guests must present valid identification, register and sign in at the front desk.
11. TRANSFERS OF MEMBERSHIP: Membership may not be transferred.
12. YOUR OBLIGATIONS: YOU shall not be relieved of your obligations to make payments that were agreed to, and no deduction from any payments shall be made because of your failure to use the club or its facilities. (Member dues are for the period of time and are no way related to or adjusted based on, actual usage of the club or facilities.)
13. ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at the club or issued orally by BQEHC from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of BQEHC, it being unequivocally clear that BQEHC employees are not authorized to make any independent agreements with any one.
14. UNPAID BALANCES: You will not be permitted to use the club or its facilities until all fees are current. You are also obligated to pay any collection and/or legal costs incurred by BQEHC for collection of any fees. Annual dues must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended. If suspended, renewal will be based on current available packages and will require new initiation or sign up fees. BQEHC reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization. If any check or credit card charge payable to BQEHC is not honored, You will be assessed a $10 charge for each check and credit card rejected.
15. LOCKERS: Lockers are provided solely for your benefit and convenience and must be emptied prior to exiting the club. You shall provide your own lock and be aware that any locks and articles left in a locker overnight will be discarded. Rental lockers cannot be placed on freeze. Locker Rental Fees are non-refundable. BQEHC is not responsible for lost or stolen items or articles left in any lockers. I release BQEHC of any and all claims, demands, suits, complaints, cause of action or any liability for loss, stolen or damage to my personal property while using a locker on the premises. Storage of illegal substances, firearms, and toxic or volatile chemicals is prohibited and punishable by law.
16. VALUABLES AND PERSONAL PROPERTY: You are urged to avoid bringing valuables onto club premises. BQEHC shall not be liable for the loss of or theft of, or damage to, the personal property of member or guests, including items left in lockers, with the coat check or elsewhere in the club or facility.
17. MEMBERSHIP FREEZE POLICY: Members that have 1 year or greater memberships may put their membership on hold, in one-month increments, for up to three (3) calendar months. A fee of $20 will be charged per freeze request. Notice of intent to freeze one`s account must be submitted to BQEHC via email at no less than seven (7) business days prior to the freeze date. The freeze request must state both the freeze start date and reactivation date. Members who provide insufficient notice cannot be guaranteed a timely stop on billing. Members will not be billed for memberships during the freeze months. Billing will resume automatically upon end of freeze months.
18. GROUP FITNESS / CLASS RULES: Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness / Class or have a pre-existing Injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class. Aerobics shoes must be worn in all Group Fitness classes.
19. DRESS CODE: Proper athletic attire and footwear required. No street clothes or dress shoes permitted in fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn.
20. PRICING: After the first 12 months of membership, BQEHC reserves the right to increase the monthly or annual fee and will provide 30 days` notice to You regarding any such change in pricing.
21. REVOCATION OF MEMBERSHIP: BQEHC reserves the right to revoke and cancel this membership at any time for any reason, in which case You will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation or signing fee), provided that BQEHC may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that BQEHC may demand the reasonable cost of goods and services which You have consumed or wish to retain after cancellation.
22. PARKING: If You have a 1 year or GREATER Membership, You may use our parking lot, on a first come first serve basis, based on availability, while using the club or facility for a maximum of 2 hours subject to the following rules:
a. Membership must be paid to date and your vehicle must have a current, unexpired Club Parking Pass CONSPICUOUSLY displayed on the front windshield of your vehicle.
b. Make, Model and Plate of vehicle must be registered with BQEHC.
c. You shall notify BQEHC of any replacement vehicles and receive a temporary pass for said vehicle.
d. You must comply with all club / facility rules regarding procedure, security, safety, and preservation of the club / facilities.
e. Parking privileges may be revoked at anytime, with or without cause, without any credit or abatement to your membership due and fees.
f. TOWING: IF YOU FAIL TO STRICTLY ADHERE TO THE ABOVE TERMS, LANDLORD SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE TO TENANT TO HAVE TENANT`S VEHICLE TOWED. TENANT SHALL BE RESPONSIBLE FOR ANY AND ALL COSTS INCURRED WITH THE TOWING OF ITS VEHICLE.
g. You understand and expressly agree that the BQEHC is not responsible for loss or damage to any vehicle or its contents by fire, vandalism, theft or any other cause, nor for loss, damage or personal injury of any nature. BQEHC shall have no duty to provide security, and expressly does not assume any obligation to provide for the security of the parking area or to protect individuals using the parking area, or vehicles or property in the parking area, from criminal activities. You are parking at your own risk and shall have automobile insurance to protect your vehicle from any damages.
h. You shall indemnify, defend and hold the BQEHC harmless from and against any and all claims, actions, liability, cost, expenses and damages of every kind and nature, including reasonable attorney`s fees, arising from use of the parking area.
Copyright and Reproduction. The copyright of any photographs, video and footage taken within BQE Health Club LLC and/ or BQE Fitness, hereinafter referred to as (“BQE”) is always retained by BQE. The sale, publication, or any other commercial use of the aforementioned content, directly or indirectly, is strictly prohibited without the prior written consent of BQE. This provision also encompasses social media, including but not limited to, Facebook, Instagram, Twitter, and any blog or anything of the like.
Members hereby authorize BQE, and any of BQE’s contracted videographer’s, photographer’s, marketing agents, public relations firms, social media firms, including without limitation BQE’s’s officers, employees, independent contractors and subcontractors to record and photograph the Member’s image and/or voice for use by the BQE for purposes that include, but are not limited to the following initiatives: social media, website promotions, e-mail marketing campaigns, informational materials, quality assurance, recruiting, advertising and marketing, at BQE sole discretion. Member specifically acknowledges and agrees that any photo and/or video appearance of him/her may be displayed online and used for promotional purposes and/or in any other manner or medium and for any purpose desired by BQE. Member understands and agrees that audio, video, film and/or print images may be used, edited, duplicated, distributed, reproduced, broadcast and/or reformatted in any form and manner without payment of fees to the Member or to anyone else on the Member’s behalf forever, and as a Member, I hereby relinquish all right, title and interest therein to BQE. Member hereby releases BQE and any if videographer’s, photographer’s, marketing agents, public relations firms, social media firms, including without limitation BQE’s officers, employees, independent contractors and subcontractors from any and all liability relating to the taking, reproduction and/or use of such photographs, video images and/or sound recordings.