MEMBERSHIP FEE: Your membership fee entitles you to all the rights and privileges of membership at Island Gym and Fitness (the club). You agree that by signing this contract, you are required to pay for all membership dues and on-account charges whether or not you utilize the services of the club. Unless within 3 days of the contract begin date, this agreement cannot be cancelled or payments withheld during the initial term. In order to terminate billing during the open renewal period, you must formally apply for cancellation of this contract in writing (see below). If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less. BILLING: All accounts with a balance due for membership or on-account charges will be processed/drafted daily. PRICE INCREASE: Island Gym and Fitness reserves the right to increase membership dues at any time. LATE FEE: If your account is past due (1) day, a late fee of $15.00 will be imposed. This applies to every (all) individual past due invoices on account 15 days past due. AUTOMATIC OPEN RENEWAL: Upon the expiration of your initial membership term, your scheduled payments will continue in accordance with the contract for the rate and frequency as outlined. Your membership dues will not increase as long as your payments stay current, your credit is in good standing, and you do not apply for cancellation of this contract. Please be advised that scheduled dues payments in the open renewal period will continue indefinitely until you apply for cancellation. See below for cancellation policy and procedures.
Because physical exercise can be strenuous and subject to risk of injury, including serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Likewise, dietary modifications can cause a variety of changes and can create problems, including as it relates to your energy, stamina, appetite, and mood. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. 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.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; (b) the sudden and unforeseen malfunctioning of any equipment; (c) our instruction, training, supervision, or dietary recommendations; or (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas. This also includes any negligence associated with the presence of or transmission of any bacteria, viruses, or infectious diseases.
By signing below, 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 discharge the health club, and all affiliates, employees, agents, representatives, successors, or assigns, 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 the club for negligence, personal injury or property damage. You also agree that this waiver and release also applies to any guests or other participants you bring to the Club; should any such persons bring negligence, personal injury, or property damage claims against the Club, you agree to defend and indemnify the Club and hold the Club harmless against any such claims.
You further agree that if a court of law finds any part of this agreement to be against public policy or in violation of any state statute or legal precedent, then the remainder of this document will remain in full force.
Additionally, you understand that the Club occasionally photographs/videotapes client events/sessions and by signing below you provide your express written approval for the Club to use these images or video in any and all media for promotional purposes, with no financial or other remuneration due to you.
MEMBERSHIP FEE: Your membership fee entitles you to all the rights and privileges of membership at Island Gym and Fitness (the club). You agree that by signing this contract, you are required to pay for all membership dues and on-account charges whether or not you utilize the services of the club. Unless within 3 days of the contract begin date, this agreement cannot be cancelled or payments withheld during the initial term. In order to terminate billing during the open renewal period, you must formally apply for cancellation of this contract in writing (see below). If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less. BILLING: All accounts with a balance due for membership or on-account charges will be processed/drafted daily. PRICE INCREASE: Island Gym and Fitness reserves the right to increase membership dues at any time. LATE FEE: If your account is past due 5 days, a late fee of $15.00 will be imposed. This applies to every (all) individual past due invoices on account 15 days past due. AUTOMATIC OPEN RENEWAL: Upon the expiration of your initial membership term, your scheduled payments will continue in accordance with the contract for the rate and frequency as outlined. Your membership dues will not increase as long as your payments stay current, your credit is in good standing, and you do not apply for cancellation of this contract. Please be advised that scheduled dues payments in the open renewal period will continue indefinitely until you apply for cancellation. See below for cancellation policy and procedures.
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, ABC Financial Services, Inc. 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.
PHYSICAL CONDITION: You have stated your physical condition to Island Gym. You have told the club of any impairment or disability that would prevent you from using the club’s facilities and equipment or physical conditioning program. The club is relying upon these representations of yours allowing you to use the club’s facilities. ASSUMPTION OF RISK: You agree that your use of the club’s facilities will be at your own risk. You further agree that the club will not be responsible for any injury or damages to you, your guests or your property because of the use of the club or its services. You further agree that the club shall not be responsible for any theft or loss of property while on the premises, including the parking lot. The club has the right to determine days and hours that the club will be available to members and the services and equipment that will be available at the club.
VIOLATIONS OF RULES AND REGULATIONS: If you violate any rules and regulations set forth above or posted in the club from time to time, the club may cancel your membership and your rights to use the club’s facilities or to obtain the club’s services. You will not be entitled to a refund of any payment you have made. DEFAULT: Should member default on agreement prior to expiration date, club is hereby authorized to charge member’s account for the balance of the agreement. If a portion or any of the amounts due cannot be collected, the remaining sum due shall be charged interest at the rate of 18% per annum from the date of default until collected. Member will be responsible for any collection costs or legal fees incurred.
BOND: This facility maintains a bond or other security with the director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by the seller. In the event that you suffer any loss by reason of breach of contract or bankruptcy by the seller, please contact: Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer Protection, Regulated Business Section, P.O. Box 45028, Newark, New Jersey 07101, (973) 504-6370.
NOTICE TO CUSTOMER: You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. If you choose to cancel this contract, you must either: Send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested or personally deliver a signed and dated written notice of cancellation to: Island Gym Member Services - 3003 English Creek Ave Unit A8, Egg Harbor Township, NJ 08234 Refunds must be made within 30 days of receipt of the cancellation notice to the health club. "Operating day” means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.
AT-WILL TERMINATION: Island Gym reserves the right to cancel this contract and/or revoke member privileges to the facility at any time.
CANCELLATION: This contract is subject to cancellation by notice sent by registered or certified mail, return receipt requested, or personally delivered, to: (Health club name and address) upon the buyer’s change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer. In a cancellation under this subsection, the health club may require proof of the new permanent residence and may retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price. If the health club facility is closed for a period longer than 30 days through no fault of the buyer, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the buyer under the contract. This contract is subject to cancellation by notice sent by registered or certified mail, return receipt requested, or personally delivered, to: (Health club name and address) upon the buyer’s death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation under this subsection, the health club may retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
IF YOU CHOOSE TO CANCEL THIS CONTRACT, YOU MUST: (This applies to agreements after the 3-day review period. See “Notice to Customer” above.)
If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less, except for cancellations within 3 days or due to relocation/disability.