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.
FREEZE POLICIES: Membership cannot be Frozen during the first four (4) months of membership.
MONTH TO MONTH TERM/STATUS:
-30-Day notice (one billing cycle) is required for billing to stop (i.e. same policy as Cancellation).
-Membership can be frozen a maximum of 3 consecutive months, before EFT billing automatically resumes.
-Military: Freeze can be extended to length of deployment, with documentation
-Membership must be un-frozen for a minimum of 1 month, after un-freezing.
IN-TERM STATUS:
-Freezing during Membership Term is accepted for Military and Medical reasons only.
-Military Freeze: with documentation of deployment
-Medical Freeze: with medical documentation
-Scheduled payments during term will stay on schedule.
-Membership can be frozen a maximum of 3 consecutive months.
-Membership must be un-frozen for a minimum of 1 month, after un-freezing.
-Accrued frozen time, billed during the term, will be added to the end of the term.
-Monthly Dues billing will stop at end of the term, until accrued frozen time has been used.
-Monthly Dues billing will automatically restart, after frozen time is complete.
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.