Your ALL-INCLUSIVE or BASIC membership agreement will automatically renew on a Month to Month basis absent a 5-day written cancellation notice after your 12-month or 18-month term.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT: Member (and all guests and parents signing on behalf of any child under 18) agree that if Member (and all guests and parents signing on behalf of any child under 18) engage in any physical exercise or activity or use any Sta-Fit facility, Member does so at his or her own risk and assumes the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any Sta-Fit facility. Member`s assumption of risk includes, without limitation, Member`s use of any exercise equipment (mechanical or otherwise), tanning equipment, the locker room, sidewalk, parking lot, stairs, pool, whirlpool, sauna, steam room, racquet courts, lobby area, or any equipment in any Sta-Fit facilities. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Sta-Fit-sponsored event. Member agrees that he or she is voluntarily participating in the aforementioned activities and using Sta-Fit facilities and premises and assumes all risk of injury, illness, damage, or loss to his or her property that might result, including, without limitation, any loss or theft of any personal property. Member agrees on behalf of his or herself (and all of his or her personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Sta-Fit any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns (collectively `Sta-Fit International`) from any and all responsibilities, liabilities, claims or causes of action (known or unknown) from injuries or damages arriving our of or connected with Member`s attendance at Sta-Fit, Member`s participation in all activities at Sta-Fit, Member`s use of equipment of machinery, or any act or omission, including negligence, by Sta-Fit International. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) Member`s use of any exercise equipment or facilities which may malfunction or break, (b) Sta-Fit`s improper maintenance of any exercise equipment or facilities, (c) Sta-Fit`s negligent instruction or supervision, including personal training, or any other form of negligence by Sta-Fit or any employee of Sta-Fit, and (d) Member slipping and falling while on the facility or any portion of the premises for any reason, including Sta-Fit`s negligent inspection or maintenance of its facility. Member also agrees to waive any rights that he or she may have to commence an action or recover damages for any injury at any Sta-Fit facility to any minor child who is a guest or member. By execution of this agreement, Member hereby agrees to indemnify and hold harmless Sta-Fit International from any loss, liability, damage, or cost Sta-Fit International may incur due to Member`s (and all guests and parents signing on behalf of any child under 18) presence at any Sta-Fit facility. Member further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of North Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. BY SIGNING THIS AGREEMENT, MEMBER ACKNOWLEDGES THAT HE OR SHE HAS CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY,
AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. MEMBER IS AWARE AND AGREES THAT BY EXECUTING THIS WAIVER AND RELEASE, MEMBER IS GIVING UP HIS OR HER RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST Sta-Fit INTERNATIONAL FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES.
MEMBER HAS READ AND HAS VOLUNTARILY SIGNED THE WAIVERAND RELEASE AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
You will be billed a $69 club enhancement fee in addition to your monthly dues 90 days after your initial enrollment date. The date of your annual fee will debit on the same date as your current monthly dues
I, we, authorize Sta-Fit to electronically deduct my (our) monthly dues, any unpaid dues and late fees, taxes, charges from the account for which I have provided Sta-Fit the necessary information. If the billing card I provided does not match the member`s name, I verify that I (we) have a joint checking account for which I am an authorized signer.
Credit Card Processing Fee: A $3.00 credit card processing fee will be billed monthly. Late Charge: If a payment is not made by the due date, or declines for any reason, you will be charged a 35.00 late fee, and may incur late fees at your banking establishment. Collection Fee: If your account is sent to an outside collection agency a $100.00 collection fee will be added to the balance of the past due amount. Cancellation Fee: If the membership type listed above is a 12 month or 18 month type cancellation fees of $100 during the first half of your term and $50 during the second half of your term will be required in addition to the cancellation policies listed below to cancel this agreement.
YOU THE BUYER (MEMBER) MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY OF THE AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, VISIT THE CLUB TO COMPLETE A WRITTEN CANCELATION REQUEST. BY SIGNING BELOW, YOU ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THE MEMBERSHIP AGREEMENT EXECUTED BY YOU AND THE CLUB AND A COPY OF THE RULES AND REGULATIONS. BY EXECUTINGTHIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Refer to back side for further policies for cancellation.
Legal Guardian: Any Member who is between the ages of 12-18 must have a parent or (`Legal Guardian`) co-sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such Member hereunder and shall be bound by all terms and conditions of this Agreement.
Guaranty: Any guarantor who signs below (`Guarantor`) guarantees the full payment of all amounts owed to Sta-Fit under this Agreement. This is a guaranty of payment and not collection and will be effective without notice of acceptance by the beneficiary hereof. This is a continuing guaranty. Sta-Fit may extend the time allowed for payment, modify this Agreement and release other parties to this Agreement without affecting the obligation of Guarantor hereunder.
Do not sign this Agreement until you have read it in entirety. The terms on this form are an important part of this Agreement. Member is entitled to a completely filled in copy of this Agreement. By signing this Agreement, Member acknowledges that (A) This Agreement is a contract that will become legally binding upon its acceptance by Sta-Fit, (B) Member has examined the gym facilities and accepts them in the present condition, (C) Sta-Fit makes no representations or warranties to Member, either expressed or implied, except to the extent expressly set forth in this Agreement (D) This Agreement and all other Sta-Fit service and membership agreements constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter. (E) Member has read and fully understands the additional terms and conditions on this Agreement, has received a copy of the `Rules and Regulations` referenced on this Agreement and has read and fully understands the terms of the Rules and Regulations. (F) Any person signing this agreement authorizes the use of his/her disclosed cell phone or telephone number for autodialed or pre- recorded voice calls and text messages by Club Systems. and Sta-Fit for billing related issues including, but not limited to, expiring billing information, overdue account balances or promotional reasons.`
GENERAL: Sta-Fit reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by Sta-Fit and may be changed at any time in its sole discretion. Sta-Fit expressly reserves the right to add to, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. Sta-Fit may cancel Member`s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Sta-Fit in its 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. The information on this Agreement is the property of Sta-Fit and its subsidiaries. Membership does not confer on Member any ownership interest in Sta-Fit or any of its property.
Photo Approval
MEMBER understands MEMBER may be photographed at the CLUB. By execution of this Agreement, MEMBER agrees to allow MEMBER`s photo, video or film likeness to be used for any legitimate purpose by the CLUB and by Sta-Fit and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to TSG Fitness, LLC, dba Sta-Fit.
I. GENERAL POLICIES AND PROCEDURES
A .The Club shall have the unqualified right to make such rules, regulations and restrictions in the use of the Club property as it may deem necessary.
B. All signs posted in the Club shall be considered as part of the rules and regulations.
C. No member of the Club shall advertise or permit his membership to be advertised for sale. Memberships are non-transferable, non-assignable and non-voting.
D. Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from the Club. The membership card is Club property, the possession of which may be determined at the Club`s discretion.
E. Charges and fees for services and facilities are subject to change as deemed necessary by the Club.
F. In the event it is deemed advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is completed.
G. No refunds shall be made for membership dues paid, except as follows:
1. If the member moves farther than 25 miles from any facility operated by the Club, and is unable to transfer his membership to a comparable facility, the member shall be relieved from the obligation of making payment for services other than those received prior to the move, and if the member has been prepaid any sum of services, so much of such sum as is allocable to services he has not received shall be
promptly refunded. The Club will charge a cancellation fee of $100 during the first half of the term of the agreement, or $50 during the second half.
2. If the member dies or is permanently disabled and is therefore unable to receive all services for which he has contracted, he and his estate shall be relieved from the obligation of making payments for services other than those received prior to death or onset of disability, and if he has prepaid any sums for services, so much of such sum as is allocable to service he has not received shall be promptly refunded to him
or his representative. As used herein, the term `disability` means a condition which precludes the member from physically using the facilities, and such condition is verified by a physician, and `permanent` means for more than six months. No refunds will be given for temporary disability. During the term of such disability, the member will not be required to pay dues; neither will he be entitled to receive services.
H. Any member who is loud, offensive or bothersome to other members or behaves otherwise in an unbecoming manner or who is cited for infraction of rules and regulations may be suspended or expelled from the Club. In the event of termination, the unused portion of any advanced payment shall be forfeited to the Club.
I. In the event that a member becomes temporarily disabled and, therefore, is not able to use the services and facilities of the Club, the membership term will be extended for a period equal to the length of the temporary disability.
J. Hours of operation are posted at the Club and are subject to change as the Club dictates.
K. There will be NO SMOKING on the Club premises.
L. All members and guests must sign in at the reception desk upon entering the Club.
M. Members must display membership cards every time they enter the Club. Members are required to show a photo I.D. with their copy of the membership agreement until they receive their membership cards. Members will not be allowed entry to the Club without membership cards.
N. The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found locations.
O. Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club. Any notice required or permitted to be given by you to the Club shall be considered duly given only when received by the membership office of the Club.
P. No solicitation allowed in the Club or parking lot.
RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing the use of Sta-Fit`s equipment and facilities and participation in programs and services (the `Rules and Regulations`) Member agrees to comply with all Rules and Regulations as presently in effect or as hereafter modified, amended or supplemented. Sta-Fit reserves the right to modify, amend, or supplement the Rules and Regulations from time to time in its sole discretion.
HEALTH CLUB:
A. Members must wear shirts (covering the chest and back) at all times in the Club.
B. Foot covering (i.e., tennis or aerobic shoes) must be worn at all times in all exercise areas, as well as in the entire Club. Socks without shoes and sandals are not allowed. C. Members must be properly attired in standard workout clothes (i.e., leotards, gym shorts, and jogging suits) while in the exercise areas.
D. Please be aware of circuit rules. Do not cut in on the circuit or do sets if other members are waiting. Please see handout on Training Principles.
E. Profanity is not allowed in the Club.
F. Members shall not yell or scream across the gym.
G. Use of the equipment should be instructed by Program Directors. H. Return weights to proper racks when finished.
I. Have a `spotter` when using heavy weights.
J. No littering or leaving debris on the gym floor.
K. Members who sweat profusely are asked to use towels when using equipment. L. No dropping weights.
M. Use of hair dyes at the Club is strictly forbidden.
N. Shaving in steams, saunas and Jacuzzis is strictly forbidden.
O. Members and their guests are required to shower before entering the Jacuzzis and pools and prior to massage.
P. Eating and drinking is permitted in the lounge only. Please do not eat and drink in gyms, locker rooms and spa areas.
Q. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The Club does not accept responsibility for items removed from lockers. R. No personal belongings (i.e., gym bags, purses, extra clothing, etc.) are allowed in the gym.
S. Chalk is not allowed to be used in the gym.
T. No member shall solicit or perform personal training services on the premises.
POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Sta-Fit`s facilities, unless such a document is first submitted and approved by the management of Sta-Fit.
GUESTS:
A. No member shall bring in any individual to perform personal training services.
B. All guests must register upon entering the Club.
C. All guests must execute a `Waiver and Release of Liability and Indemnity Agreement`.
D. Former members and members restricted from the Club may not enter as guests. E. Out-of-town guests will be charged guest fees.
F. The Club reserves the right to refuse anyone who is not properly attired and/or personally clean.
G. Any guest found in the Club who has not paid the guest fee will be charged double and will no longer be able to use the Club. Members are responsible for their guests. (see Membership Agreement #5).
FEES:
A. Guests of members: see desk
B. Lost items: Membership Card - $10.00
C. Personal Coaching Programs: please inquire from program directors.
LIABILITY FOR PERSONAL PROPERTY: Sta-Fit 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 Sta-Fit`s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Sta-Fit for any damage to Sta-Fit`s facilities or any equipment, furniture or fixture located thereon caused by Member or any Member`s guests or invitees.
DEFAULT: If Member fails to fulfill any representations warranties or covenants under this Agreement, including, but not limited to, those obligations specified in the Rules and Regulations, possesses generally undesirable behavior as determined by Sta-Fit, or fails to pay any amount when due under this Agreement, Sta-Fit 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 entitle Member to a refund of any portion of initiation fees or dues paid to date of cancellation. Member agrees to pay a fee of $20.00, and when applicable, a late charge as well as a $100.00 collection fee if past due account is sent to a third party collection agency, any other charges allowed by law for any EFT or credit card charge not honored by Member`s bank or credit card company. Any payments owing from Member to Sta-Fit 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 Sta-Fit when due, Member shall pay all costs and expenses of collection incurred by Sta-Fit, including reasonable attorney`s fees and expenses.HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Sta-Fit that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Sta-Fit`s facilities. Member acknowledges that Sta-Fit has not given Member any medical advice before Member joined Sta-Fit and cannot give Member any such advice after Member joins Sta-Fit, whether related to Member`s physical condition and ability to use the facilities and services of Sta-Fit 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 Sta- Fit`s facilities.
MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State 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 Sta-Fit. Consent may be withheld in Sta-Fit`s absolute discretion, (iv) if any term or provisions 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 Sta-Fit hereunder shall be given by personal delivery to the General Manager of Sta-Fit or by certified mail, return receipt requested, addressed to Sta-Fit at the address set forth at the beginning of this Agreement, to the attention of the General Manager. Sta-Fit International, Inc. or any related entity is not the owner or operator of this Sta-Fit facility. The owner of this facility has been licensed by Sta-Fit Franchising, Inc. to use the Sta-Fit marks in connection with its operation. Neither Sta-Fit Franchising, Inc., nor any related entity is contractually or otherwise liable to you being that the owner is liable for debts and obligations of this facility.
TANNING ACKNOWLEDGEMENTS. By initialing below, Member acknowledges (i) that Sta-Fit has instructed the Member on (a) the proper position to maintain relative to the tanning lamps, (b) the position of the safety railing, where applicable, (c) the manual switching device to terminate radiation, and (d) maximum time of exposure; (ii) that Member, if thirteen (13) years of age or younger, has presented to a Sta-Fit representative a written prescription from a medical physician specifying the need for tanning, the number of visits, and the exposure time per visit; (iii) that Member has been advised they are responsible for providing protective eyewear and agrees to use the eyewear throughout each tanning session; (iv) that failure to use the protective eyewear as specified herein (a) may result in severe burns or long-term injury to the eyes and (b) will result in a forfeiture of all tanning services; (v) that medications or cosmetics may increase sensitivity to the ultraviolet radiation; (vi) that Member should avoid overexpose to tanning beds; (vii) that overexposure can cause eye and skin injury and allergic reactions; (viii) that repeated exposure may cause premature aging of the skin and skin cancer; and (ix) that Member should consult a physician before using sunlamp or tanning equipment if Member is using medications or has a history of skin problems or believe to be especially sensitive to sunlight.
I have read the above warning and understand what it means before undertaking any tanning equipment exposure. If the Member is illiterate and/or visually impaired then witness has read the warning statement aloud and in full to the Member. I also acknowledge that I have read and understand the terms and conditions stated on this page of the Agreement.