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 Policy: Any member on a 12-mo agreement may not terminate their membership until their expiration date.
There are only 3 exceptions to this rule:
- Move: A member that is IN-TERM may request to cancel before their expiration date if they have MOVED more than 25 miles from Sta-FIT facilities. Proof of a permanent address change (i.e. rental lease, utility bill) is required AND an early termination fee of $100 during the first half of their agreement, or $50 during the second half of their agreement is required to process their termination request.
- Medical: A member that is IN-TERM may request to cancel before their expiration date if they have a MEDICAL reason. A letter from their doctor’s office that states a PERMANENT DISABILITY is required.
- Military Activation: A member that is IN-TERM may request to cancel before their expiration date if they have a MILITARY ACTIVATION. Deployment papers are required as proof.
Freeze Policy: STa-FIT offers a Freeze courtesy in the following conditions.
1. A member may request to freeze their membership for up to 3 months per fiscal year for any reason, during which time they will pay a $20 freeze fee in place of their normal monthly membership amount. The expiration date of the initial term will be extended by the # of months that are requested to freeze.
2. A member on a Health Insurance - Self Pay membership may freeze for up to 6 months per fiscal year in the instance that they locate out of state during any time during the year, during which time they will pay a $20 freeze fee in place of their normal monthly membership amount. The expiration date of the initial term will be extended by the # of months that are requested to freeze.
3. A member may request up to 6 months for a Medical freeze. Documentation from members physician must be provided for verification and must state the recommended amount of time that the physician is recommending that the member not participate in a fitness program. If a members physician is recommending that a member not participate in a fitness program, the freeze fee will be waived during the time requested to be on freeze. The expiration date of the initial term will be extended by the # of months that are requested to freeze.
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 CANCELLATION 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 EXECUTING THIS 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 12-17 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 Members. 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.
- Valid ID must be brought to prove the MEMBER`s age at the signup time.
- 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 their membership to be advertised for sale. Memberships are non-transferable, non-assignable and non-voting.
D. Biometrics 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.
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.
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. Hours of operation are posted at the Club and are subject to change as the Club dictates.
J. There will be NO SMOKING on the Club premises.
K. All members and guests must sign in at the reception desk upon entering the Club.
L. Members must display membership cards or use their fingerprint every time they enter the Club. Members will not be allowed entry to the Club without membership cards, fingerprint, or a photo on their account.
M. The Club is not responsible for Lost and Found items. Items found are immediately placed in public lost-and-found locations.
N. 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.
O. 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. If not followed a charge of $25 will be processed through your account.
C. Members must be properly attired in standard workout clothes (i.e., leotards, gym shorts, and jogging suits) while in the exercise areas.
Members must be properly attired in standard swim attire while in Spa Area (i.e., Rash Guard shirt, Bikini, One Piece, Racing Suit, Full Coverage, Trunks, Jammers). If not followed a charge of $25 will be processed through your account.
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. When the MEMBERS set is finished it is required to wipe down the equipment with Sta-Fits provided cleaning supplies (i.e. Paper towels, and cleaning spray) If not followed a charge of $25 will be processed through your account.
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 and/or wipe down 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.
P. Eating and drinking is permitted in the lounge only. Please do not eat and drink in gyms, locker rooms and tennis bubble.
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.
U. Credit Card on file is mandatory for all members for incidentals. The credit card of choosing must not be expired.
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. 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 $35.00, 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 . 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 Sta-Fit facilities. 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 seventeen (17) 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.
Kids Club & Classes Upgrade Acknowledgment: A $20 monthly charge will be added to the member’s dues on their regular billing cycle. This fee includes unlimited group fitness classes and Kids Club access for up to three children. For each additional child, the cost will increase by $5 per month. Sub-accounts created under children`s names must remain active and cannot be removed unless the child reaches 12 years of age. To process a downgrade of the Kids Club & Classes Upgrade, members must maintain the upgrade for a minimum of three full months before requesting a change. Additional: You must sign up a minimum of 2 hours before the intended class or kids club section to ensure staff is properly prepared.
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.