Member registration

This Member ("you") 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 Monthly Dues stated above. If member has an Initial Term, their account below will be billed for a minimum of 12 months and will continue on a month-to-month basis at the monthly rate above until they cancel in accordance with this Agreement.

I wish to make my payments to The Fitness Club 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. I agree to pay a service fee of $15.00 as well as any other fees allowed by law for any EFT or credit card charge not honored by my bank or Credit Card Company. I understand that The Fitness Club may, upon written notice, change the date that my monthly dues are debited from my account.

ASSUMPTION OF RISK: Member acknowledges that the use of The Fitness Club facility, equipment, services and programs involves an inherent risk of personal injury to Member and Member`s 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 The Fitness Club, 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 The Fitness Club, (iii) injuries or medical disorders resulting from exercising at any The Fitness Club, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any The Fitness Club facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. Member acknowledges that (v) The Fitness Club does not manufacture any of the fitness or other equipment at its facilities and (vi) The Fitness Club does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither The Fitness Club, 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 The Fitness Club, 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.

ANNUAL FEE once-a-year fee of $39.00 will be billed in the middle of the month approximately 60 days from the membership join date, to the billing account on file. This fee is fully earned when received and is not refundable.

CANCELLATION PROCEDURES: Member may cancel this agreement at any time, after the initial term by; Sending a written letter by certified mail to your The Fitness Club home club OR by completing the cancellation form in person at the front desk of the member`s home club. Member`s account must be current and in good standing to cancel. If your membership has an initial term and you wish to cancel prior early, a $59 buyout fee is required with your cancellation. Each membership is individual including the Kid`s Club. There needs to be a cancellation with signature for each membership (in the letter or in person). The cancellation will take effect 31 days after we receive proper notice. Member will pay one more month`s dues and if your Annual Fee date falls within those 31 days, you will also incur that fee. Member may continue to use the club for those 31 days. Cancellations are not accepted via email, phone, or through the website.

LIMIT OF LIABILITY: The Fitness Club 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 The Fitness Club premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to The Fitness Club for any damage to The Fitness Club facilities or any equipment, furniture or fixture located thereon caused by Member or any Member`s guests or invitees. Unless controlling legal authority requires otherwise, any award by an arbiter or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

PAYMENT DEFAULT: If Member fails to pay any amount when due under this Agreement, The Fitness Club shall be entitled, at any time in its sole discretion, to suspend or cancel Member`s 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 The Fitness Club 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 The Fitness Club when due, Member shall pay all costs and expenses of collection incurred by The Fitness Club, including reasonable attorney`s fees and expenses.

FEES, DUES, CHARGES, & TAXES: Credit Card fee $5.00/mo; Annual Rate Guarantee Fee $39; Late Fee $15.00 for each month, for any payment or any EFT payment not made, which cannot be processed, by the first of the month. Buyout Fee $59. See above. Member is responsible for notifying their bank of any error that appears on their bank or credit card statement. If member claims their monthly dues were not stopped when they told The Fitness Club, member must have written proof or The Fitness Club will not reimburse member. See Cancellation Procedures for accepted methods of cancellation. The Fitness Club has the right to add to member`s dues for any tax imposed by the government.

RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of The Fitness Club 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. The Fitness Club reserves the right to modify, amend or supplement the Rules and Regulations from time-to-time in its sole discretion. The Fitness Club may cancel Member`s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by The Fitness Club 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.

HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to The Fitness Club that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his/her intended use of The Fitness Club facilities. Member acknowledges that The Fitness Club has not given Member any medical advice before Member joined The Fitness Club and cannot give Member any such advice after Member joins The Fitness Club, whether related to Member`s physical condition and ability to use the facilities and services of The Fitness Club or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member`s physician or other health professional before using The Fitness Club facilities.

MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Maryland 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 The Fitness Club. Consent may be withheld in The Fitness Club`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 The Fitness Club hereunder shall be given by personal delivery to the General Manager of The Fitness Club or by certified mail, return receipt requested, addressed to The Fitness Club at the address set forth at the beginning of this Agreement, to the attention of the General Manager.

NOTICE OF CONSUMER RIGHTS: Our business is registered with the State of Maryland Consumer Protection, registration number B5314. We have posted a Bond with the Consumer Protection Division in the amount of $200,000.00. 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.