EFT (electronic fund transfer) contracts are open-ended at the end of the fulfillment date written on the contract. If notice is not given, funds will continue to be transferred. Until the fulfillment date and until you cancel your membership, you are responsible for all payments, regardless of gym usage. A $20.00 decline fee will be added to each month that we are unable to receive funds via EFT.
The use of the facilities at Fullsturkur Fitness naturally involves the risk of injury or death, whether the undersigned or someone else causes it.
As such, the undersigned agrees that he or she understands and voluntarily accepts this risk and agrees that Fullsturkur Fitness, LLC and any of their
affiliated entities or successors or any officer, director, member, agent, servant or employee of the aforesaid (hereinafter collectively "Fullsturkur Fitness")
will not be liable for any injury or death, including and without limitation, personal, bodily or mental injury, economic loss or any physical or property damage
to the undersigned, the undersigned's spouse, the undersigned's children, guest or relative (hereinafter collectively "Guest") resulting from Guest's use of the
facilities, including without limitation, as a result of the negligence of Fullsturkur Fitness or anyone else using the facilities. If there is any claim by anyone
based on any injury, death, loss, or damage described herein, which involves the Guest, the undersigned agrees to (a) defend Fullsturkur Fitness against such
claims and pay Fullsturkur Fitness for all expenses relating to the claim including, but not limited to, any and all attorney's fees, and (b) indemnify Fullsturkur
Fitness for all obligations resulting from such claims. This document shall be construed and enforced in accordance with the laws of the State of Kansas. Any action
at Law, suit in equity, or other jurisdictional proceeding arising in connection with this document shall be instituted only in the courts of Johnson County, Kansas.
Waiver of Liability
The GUEST agrees to release from all liability, discharge and promise not to take legal action against (i) Fullsturkur Fitness; (ii) any other Guest, visitor or person present or using the facilities or equipment of Fullsturkur Fitness; and/or (iii) any designers, manufacturers or installers of the facilities or equipment of Fullsturkur Fitness for any and all harm or damage to the Guest in connection with Guest's use of any facilities or equipment whether or not such activities take place outside of any premises owned or operated by Fullsturkur Fitness. (iv) Any any active, expired, banned, or otherwise member of the facility including their guests. This Agreement releases Fullsturkur Fitness from any liability to Guest, their heirs, next of kin, assigns or personal representatives for any losses or damages or claims or demand arising out of Guest's personal injuries, damage to property or Guest's death, even if Fullsturkur Fitness's individual or collective negligence contributes to such personal injury, damage or death. The undersigned hereby waives any and all claims or actions that may arise against Fullsturkur Fitness, its owners, directors, employees or volunteers as a result of any such injury to any such person.
Such risks include, but are not limited to:
Injuries or death resulting from the negligence of the owners, operators, employees, or volunteer assistants of Fullsturkur Fitness; or the negligence of Guests, visitors or persons who may be present at Fullsturkur Fitness; or the negligence of any designers, manufacturers or installers of the facilities or equipment of Fullsturkur Fitness;
Injuries or death resulting from the failure or negligent misuse, by me or by others, of the facilities or equipment of Fullsturkur Fitness;
Injuries or death resulting from slips, trips, falls or other such accidents that occur while using the facilities or equipment of Fullsturkur Fitness, or which may be caused by other persons' use of the facilities or equipment of Fullsturkur Fitness;
Injuries or death resulting from participating in and/or using equipment in connection with activities which may take place outside of any premises owned or operated by Fullsturkur Fitness;
Injuries or death that occur from the negligence or lack of adequate training of agents or employees of Fullsturkur Fitness who seek to assist with medical or other help either before or after injuries have occurred.
The Guest is responsible for his or her acts.
BY SIGNING BELOW, THE GUEST ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT THOROUGHLY AND UNDERSTANDS AND ACCEPTS THE TERMS CONTAINED HEREIN AND THAT NO ORAL REPRESENTATIONS OR STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO GUEST THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THE WRITTEN AGREEMENT. BY SIGNING BELOW THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY TO SIGN THIS WRITTEN AGREEMENT ON BEHALF OF ALL INDIVIDUALS WHOSE LEGAL RIGHTS THIS AGREEMENT CONTEMPLATES TO WAIVE.IN THE EVENT ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
Fuel Fitness Enhancement Fee is a $25 annual fee that is scheduled 60 days from your membership start date. This fee will be deducted every year on the same date for the duration of your membership.
Use of Pavitt Health and Fitness Center is for current members only. Allowing non-authorized persons to use your key or to train with you will be prosecuted as theft of services.
No drugs or alcohol are allowed on the premises. Members may not train or be on the premises while under the influence of drugs or alcohol. Members agree not to use anabolic steroids.
CANCELLATION: To cancel your membership you must give a minimum of 10 DAYS NOTICE. No refund will be granted for dues incurred before Pavitt Health & Fitness was notified. If by reason of death or permanent disability, the buyer is unable to continue the membership, buyer or buyers estate shall be relieved from the obligation of this contract, and if buyer has prepaid any sum, that amount shall be promptly refunded. No refund will be granted for dues incurred before Pavitt Health & Fitness was notified of the disability. Should you default on any payment obligation as called for in this agreement, the entire remaining balance 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`s fees.