If you answer YES to any of the following questions, consult your physician before engaging in physical activity:- Has your doctor ever said that you have a heart condition and that you should only perform physical activity recommended by a doctor?- Do you feel pain in your chest when you perform physical activity?- In the past month, have you had chest pain when you were not performing any physical activity?- Do you lose your balance because of dizziness or do you ever lose consciousness?- Do you have a bone or joint problem that could be made worse by a change in your physical activity?- Is your doctor currently prescribing any medication for your blood pressure or for a heart condition?- Do you know of any reason why you should not engage in physical activity?
In consideration of being allowed to participate in any way in the services of the club, related events and activities, I acknowledge, appreciate, and agree that:- I represent that I am in good health and do not suffer from any infirmity, disease, impairment or physical conditions that would prevent me from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. I represent that I either have permission or approval from my physician to participate in athletic activities, programs, and exercise classes and use of exercise equipment or if I do not have such permission, I hereby assume the risk of injury and death, which may result from such activities.- The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce the risk, the risk of serious injury does exist and,- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or other, and assume full responsibility for my participation; and,- I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately and,- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS WEST COAST FITNESS, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct their event (RELEASES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to personal property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, to the fullest extent permitted by law.
- In the event a dispute arises between member and the club which relates to this membership agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this membership agreement or to member`s use of the club facilities, exercise equipment, or participation in exercise classes or other programs including any injuries to the member, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.- Should this agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney`s fees.- The parties hereby agree that the whole agreement between parties relating to the subject matter hereof is contained in this agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express or implied.- This agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT
Paid-In-Full MembershipsProvided that Member is not in default of this agreement and subject to the terms and conditions hereof, member must renew membership no later than the expiration date of the agreement or will be required to purchase a new membership at advertised rates. Membership expires automatically on expiration date.
Monthly MembershipsAnnual/Term Plans: Membership agreement is for a set number of months with corresponding monthly payments. Upon fulfillment of initial agreement, membership will automatically renew into a Month-to-Month plan. Renewal terms may be canceled anytime after agreement has been fulfilled, provided Member notifies club in writing/email at least 30 days prior to requested ending date. Final payment and all balances due must be paid prior to cancellation.
Month-to-Month Plans: Membership agreement is for continuing monthly payments with no required contractual balance to be fulfilled. Monthly payments continue until Member gives proper notice to cancel membership. Membership may be canceled anytime provided Member notifies club in writing/email at least 30 days prior to requested ending date. Final payment and all balances due must be paid prior to cancellation.
Cancellation requests must be in writing or email.
Notwithstanding any other provisions of this agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase, If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
- The items shall be drawn on or about the date or dates of the payment schedule. The transactions on your bank statement will constitute receipts for payment on your account- If the regular payments set forth on the payment schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing the pre-authorization, you chose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment.- By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review.- The privilege of making payments under this agreement may be revoked by the company if any item is not paid upon presentation.- If this pre-authorization payment arrangement is revoked for any reason, this does not release you from your obligation (payment schedule).- A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.- If member violates this agreement and terms contained therein or any of the rules and regulations for use of the facility, the club may suspend member`s right to use the facility until such time as the member provides the club with reasonable assurance of future compliance. During the period of any such suspension, the member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to the membership agreement. In the event the member continues to violate the terms of this agreement or the rules and regulations governing the facility, the member`s membership may be terminated by the club.- Failure to use club facilities shall not release the member from the obligation to make all payments required by the terms of this agreement
Default and Late PaymentsShould you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. AN ADDITIONAL SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. If the Member is paying monthly dues by electronic funds transfer (EFT), the club`s billing company (Club Systems) reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees. The member is also subject to a $5.00 increase in monthly dues if EFT payment is stopped or changed. Subject to appropriate State and Federal law.
Buyer`s Right to CancelIf you wish to cancel this contract, without penalty, you may cancel it by delivering or emailing a written notice to West Coast Fitness. The notice must say that you do not wish to be bound by the contract and must be received before midnight on the third business day after you sign this contract. If you wish to cancel within the three days, the club will return to you within 15 days all the amounts you have paid.
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 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Buyer or buyer`s estate may cancel this contract if any of the following occur:- If the buyer dies or becomes physically unable to use a substantial portion of those club services used by the buyer from the date of the contract until the time of disability. The club may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the club may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the club.- If the club goes out of business.- If the club moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.- If a facility, construction, or improvement is not completed by the date represented in the contract.- If the club materially changes club services promised as part of the initial contract.
Rules and Regulations- All members must show/swipe ID or keytag to enter facility- Engaging in any type of commercial or business activity is strictly forbidden- No food or open-topped containers allowed in workout areas- The use of drugs or steroids on club property is strictly prohibited- Return all weights and equipment to its proper place when finished. Do not drop weights- Please be courteous and allow others to work in on your sets- Use a cleaning towel to wipe down equipment after use- Proper attire must be worn at all times- Personal training by non-WCF staff is not permitted- Injuries or illnesses must be reported immediately to club staff- You are obligated to follow the direction of staff in all aspects of the facility- Harassing, aggressive, argumentative behavior, and loud or threatening language is prohibited- Use of profanity or wearing clothing with profanity or offensive images is prohibited- Non-member minors are not allowed in the facility- We reserve the right to refuse service, and to amend these rules at will- Failure to follow any of these rules could result in termination of membership
Member must comply with all terms and conditions of this agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. Failure to comply, will be subject to immediate termination