PROMISE TO PAY: Buyer agrees to pay to Seller , or to Seller's Order, Buyer's Cash Down Payment and the Total of Payments, according to the payment schedule. TERMS OF MEMBERSHIP AND RENEWAL: You acknowledge that you have signed an installment promissory note. Failure to use your membership does not relieve you from your liability to pay. Your membership is nontransferable, nonassignable, non refundable, and noncancellable, except as provided by this contract. Services Under this contract are for ________ months. After the initial ________ month period, services shall automatically continue to be drafted on a month to month basis (automatic extension) until Buyer contacts the Seller for changes. After automatic extension starts, the Buyer can cancel their membership at any time for a flat rate of $25 per person between the 5th and 25th of the month. Any cancellation made between the 26th and the 4th of the following month will incur a final draft at the normal payment rate as the cancellation fee. Seller reserves the right at any time to terminate the Buyer's contract for any reason. RELOCATION: Buyer may cancel this contract anytime after the start date of this contract if the Buyer moves more than 30 miles away from this facility. The following conditions must be satisfied.: (A) the Buyer must pay all delinquent dues and fees prior to this request being granted;, (B) Buyer must give written or in person notice for this action to be completed; and (C) change of address must be verified by documentation (e.g., lease in Buyer's name, utility bill in Buyer's name, government documentation that lists the Buyer's new address). Telephone correspondence is not an acceptable means of communication for cancellation. MEDICAL: You the Buyer may cancel this membership at any time during the contract if you become permanently disabled., and can no longer benefit from any part of the facility. Proof of permanent disability from a licensed physician must be provided to the Seller to cancel in this situation. Telephone correspondence is not an acceptable means of communication for cancellation. MEDICAL FREEZE: Under circumstances that Buyer has a medical condition that prevents them from working out, a freeze on payments can be made. The Buyer must provide documentation from a licensed physician that states the required duration of time away from physical activity. Telephone correspondence is not an acceptable means of communication for freezing payment.
Late Payments:
If we receive a payment past the DUE DATE, you will incur a late charge of $10 per late payment. If your EFT payment is declined or card information becomes invalid, a charge of $2.50 per month will be added to your EFT payment moving forward.
It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to Buyer or his guests, nor the property of any Buyer or his guests, nor be subject to any claim, demand, injury or damages whatsoever, including but not limited to those damages resulting from acts or active or passive negligence on the part of the Seller, it's successors or assigns or officers and agents. It is specifically agreed that the Seller shall not be responsible or liable to Buyer or his guests for articles lost or stolen in the Club. The Seller shall not be responsible or liable for loss or damage to any other property of Buyer or his guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or property, or to the property of any Buyer by another Buyer or his guests, is the sole responsibility of the offending Buyer. Buyer agrees that he is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guests, or to the property of either. Buyer further agrees to indemnity the Seller of any loss caused by Buyer for which the Seller Is accused or held liable including reasonable attorney fees.
Facility improvement fee: A $50 Facility Improvement Fee is automatically added to each yearly payment in full account. Two seperate $25 dollar Facility Improvement Fees will be drafted (January & July) from those who are under draft contracts or month to month drafts (automatic extension)
ZACH’S CLUB #1 MEMBERSHIP AGREEMENT AND TEXAS HEALTH SPA ACT DISCLOSURES This Membership Agreement (‘Agreement’) is entered into by and between Zach’s Club #1 (‘Seller’ or ‘Club’) and the undersigned purchaser (‘Member’). This Agreement is governed by the provisions of the Texas Health Spa Act and other applicable laws of the State of Texas. By signing this Agreement, Member acknowledges that they have read, understood, and agree to all terms and conditions herein. 1. PROMISE TO PAY Member agrees to pay to Seller, or to the order of Seller: ● The applicable enrollment fee; ● Any initial prorated amount due at sign-up; ● The recurring monthly dues designated in the MEMBER REGISTRATION SECTION under ‘Monthly Dues’; and ● Any additional fees described herein. Member authorizes Seller to initiate recurring electronic drafts in the agreed-upon amounts and acknowledges that this authorization shall remain in effect unless properly revoked according to this Agreement. 2. TERM OF AGREEMENT (12 CONSECUTIVE DRAFTED MONTHS) This Agreement includes a twelve (12) month contractual commitment (‘Initial Term’). The Initial Term begins on the first full monthly draft following sign-up and continues for twelve (12) consecutive drafted billing months. Member expressly acknowledges and agrees: ● The initial prorated sign-up month does not count toward the 12-month contractual period. ● The 12-month contractual obligation begins with the first full drafted month. ● Monthly dues are owed for all twelve (12) consecutive drafted months, regardless of usage. 3. AUTOMATIC RENEWAL AND CONTINUING MEMBERSHIP Unless properly cancelled during the twelfth (12th) drafted month of the Initial Term, this Agreement will automatically renew upon completion of the Initial Term and continue on a recurring monthly basis under Standard Cancellation terms. Following the Initial Term: ● Membership continues on a recurring monthly basis. ● Member may cancel at any time by providing notice in person or via email to [email protected] prior to the 3rd of the month. ● Cancellation made prior to the 3rd of the month will have a final draft on the 3rd. ● Cancellations made on or after the 3rd of the month will have a final draft on the 3rd of the following month. ● Monthly billing continues during the Standard Cancellation period Failure to submit proper cancellation during the twelfth (12th) drafted month results in automatic continuation under Standard Cancellation terms. 4. DRAFT DUE DATES Recurring monthly drafts are initiated automatically at 12:00 a.m. on the first (1st) day of each calendar month. Payment is due on the third (3rd) day of each month (‘Due Date’). If the Due Date falls on a Saturday, Sunday, or federal/bank holiday, the Due Date shall be the next business day. Seller is not responsible for delays caused by financial institutions. 5. LATE, FAILED, OR RETURNED PAYMENTS If any draft is declined, returned, or otherwise fails, or if payment is received after the Due Date, Member shall be assessed a late fee of Ten Dollars ($10.00) per occurrence. Seller reserves the right to: ● Suspend membership privileges; ● Deny access to facilities; ● Accelerate outstanding amounts as permitted by law; ● Refer unpaid balances to collections; ● Recover reasonable attorney’s fees and collection costs. 6. EARLY TERMINATION DURING INITIAL TERM Cancellation before the completion of the twelve (12) consecutive drafted months constitutes early termination. Member shall be responsible for: A. Past-Due Amounts (Due in Full) All outstanding balances, including: ● Unpaid monthly dues ● Late fees ● Returned payment fees ● Enhancement fees ● Any other accrued charges These amounts are due in full and are not reduced or prorated. B. Liquidated Damages (Future Balance) In addition to past-due amounts, Member shall pay 50% of the remaining unpaid future monthly dues owed through the end of the twelve (12) consecutive drafted months. The 50% reduction applies only to future unpaid monthly dues, not past-due balances or accrued fees. Member agrees this provision represents a reasonable estimate of damages and is not a penalty. Early termination is effective only after payment of all required amounts. All balances must be paid in full before cancellation is finalized. Future drafts will continue until past due balances are paid in full. 7. EXCEPTIONS TO EARLY TERMINATION FEES The early termination liquidated damages shall be waived only under these verified circumstances: ● Permanent Relocation: Member permanently relocates more than thirty (40) miles from the Club and submits verification (lease, utility bill, or work contract, job acceptance letter, ID with new mailing address, school acceptance letter, housing lease or mortgage, etc). ● Permanent Medical Disability: Member develops a verifiable medical condition permanently preventing participation in any portion of the Club’s facilities, documented by a licensed physician. ● Death: Upon submission of verification by estate or estate representative, no further dues shall be owed. Temporary medical conditions may qualify for a freeze but do not qualify for termination. 8. STANDARD CANCELLATION (POST–INITIAL TERM) After completion of the Initial Term, Member may cancel this Agreement at any time by providing Notice Prior to the 3rd of the month. This notice initiates and sets forth the Member’s final draft on the 3rd of the month. The member will maintain access to the facility for the duration of that month. Cancellation on or after the 3rd of the month will result in a final draft on the 3rd of the following month. Notice must be: ● Submitted in person at the facility; or ● Submitted in writing via email to [email protected] if physically unable to appear. ● Cancellations in person or by email will only be processed during published gym business hours. Cancellation request made after published gym business hours will be dated and processed for the following day. Telephone cancellations are not accepted. Billing continues during the Standard Cancellation period. Cancellation is effective only upon receipt and in-person or written email confirmation by Seller. All balances must be paid in full before cancellation is finalized. Future drafts will continue until past due balances are paid in full. Refunds will not be processed in the case of Member failing to cancel at their own will. 9. MEDICAL FREEZE If Member has a documented medical condition temporarily preventing participation, a freeze of membership payments may be granted for up to three (3) consecutive months, and at times at the discretion of the General Manager. Requirements: ● Written documentation from a licensed physician specifying the duration of restriction. ● Freezes automatically end at the conclusion of the approved period; regular billing resumes. ● Additional freeze requests must be submitted in person or via email. Telephone requests are not accepted. Seller reserves the right to verify documentation. 10. CLUB ENHANCEMENT FEE Two (2) separate Club Enhancement Fees of $25 each shall be drafted annually (January and July) in addition to standard monthly dues.These fees are in addition to regular monthly dues. 11. DEFAULT AND COLLECTION If Member defaults, Seller may pursue all remedies available at law or in equity. Member agrees to pay reasonable collection costs, court costs, and attorney’s fees to the extent permitted by Texas law. 12. NO ORAL MODIFICATIONS No employee or representative of Zach’s Club #1 may modify this Agreement orally. Modifications must be in writing and signed by an authorized representative. 13. SEVERABILITY If any provision is unenforceable, the remaining provisions remain in full force and effect. 14. GOVERNING LAW This Agreement is governed by and construed under the laws of the State of Texas. 15. MEMBER ACKNOWLEDGMENT By signing, Member acknowledges: ● Understanding the 12-month contractual term begins at the first full drafted month, not the prorated sign-up month. ● Understanding all past-due balances are due in full upon early termination, with 50% liquidated damages applied only to remaining future monthly dues. ● Understanding Standard Cancellation applies after the 12-month Initial Term. ● Understanding the Early Termination Exceptions. ● Agreement to be legally bound by all terms. 16.WAIVER AND RELEASE OF LIABILITY Zach’s Club #1 In consideration of being permitted to enter, access, and/or use the facilities, equipment, services, programs, and premises of Zach’s Club #1 (hereinafter ‘Club’), the undersigned Member (‘Member’), on behalf of themselves and their heirs, executors, administrators, assigns, and personal representatives, hereby agrees as follows: 1. ASSUMPTION OF RISK Member acknowledges that participation in fitness activities, including but not limited to strength training, cardiovascular exercise, group fitness classes, personal training, stretching, and the use of exercise machinery and free weights, involves inherent risks. These risks include, but are not limited to, serious bodily injury, permanent disability, paralysis, illness, property damage, and death. Member voluntarily and knowingly assumes all risks, whether known or unknown, foreseeable or unforeseeable, associated with the use of the Club’s facilities, equipment, services, and premises. 2. RELEASE AND WAIVER OF LIABILITY To the fullest extent permitted by Texas law, Member hereby releases, waives, discharges, and covenants not to sue Zach’s Club #1, its owners, officers, directors, employees, contractors, agents, representatives, affiliates, successors, and assigns (collectively, ‘Released Parties’) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or related to: ● Personal injury ● Illness or medical conditions ● Property damage or loss ● Death This release applies to any claim arising from or related to the Member’s presence at or use of the Club’s facilities, whether caused by the ordinary negligence of the Released Parties or otherwise, to the fullest extent permitted by law. 3. INDEMNIFICATION Member agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to Member’s use of the Club’s facilities or any breach of this Agreement. 4. MEDICAL REPRESENTATIONS Member represents that they are physically capable of participating in fitness activities and have not been advised otherwise by a qualified medical professional. Member understands that the Club does not provide medical advice and that it is Member’s responsibility to consult a physician prior to beginning any exercise program. Member further agrees to immediately discontinue activity and notify Club staff if experiencing dizziness, chest pain, shortness of breath, or other concerning symptoms. 5. PROPERTY LOSS Member understands that the Club is not responsible for lost, stolen, or damaged personal property, whether occurring in lockers, parking areas, or elsewhere on the premises. 6. EMERGENCY CARE Member authorizes the Club to secure emergency medical treatment on Member’s behalf if deemed necessary. Member agrees to be solely responsible for all costs associated with such medical treatment. 7. SEVERABILITY If any provision of this Waiver and Release is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 8. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 9. ACKNOWLEDGMENT OF UNDERSTANDING Member acknowledges that they have carefully read this Waiver and Release of Liability, fully understand its terms, understand that they are giving up substantial legal rights, including the right to sue, and agree to be legally bound by its terms. Member further acknowledges that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas. —------------------------------------------------------------------------ TEXAS HEALTH SPA ACT PURCHASER'S RIGHTS UNDER TEXAS HEALTH SPA ACT: To extent the club is considered a ‘health spa’ under Texas Health Spa Act (the ‘ACT’), as purchaser you have the following rights under the Act: A) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: ZACH'S CLUB #1,·4229 78th Street, Lubbock, Texas 79423. B) IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU HAVE ENROLLED, YOU MAY: (1) CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: ZACH'S CLUB #1, 4229 78th Street, Lubbock, Texas 79423; and (2) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY, PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.C) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND ON YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: ZACH'S CLUB #1, 4229 78th Street, Lubbock, Texas 79423.’IF THE SPA DOES NOT REMAIN OPEN FOR THIRTY DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY ZACH'S CLUB #1 IS LOCATED WITHIN 10 MILES OF 4229 78TH STREET• LUBBOCK, TEXAS 79423, AND IF YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT FULLY OPEN FOR BUSINESS OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR 30 DAYS. Buyer shall continue to be responsible for payment of all installments that have accrued under the terms of this Agreement prior to Buyer's giving Seller written notice of his relocation and cancellation. For purposes of construction herein residence shall mean domicile. Any refund that Buyer may be entitled shall be determined by pro-rating the membership fee or extension fee, whichever appropriate, over the unused portion of the membership or extension term. RESTRICTIONS ON CANCELLATION OR ASSIGNMENT: You understand that you have signed an installment promissory note. Your failure to use the membership or facilities does not relieve you of your liability for payment hereunder other than as described above and your membership is absolutely non-transferrable, non-assignable, non-refundable and non-cancelable, except as provided in this Agreement. You understand the Seller shall be entitled to sell, transfer, discount or assign this agreement to a financial institution or other entity without consent of the buyer. WARNING: If you have a history of heart-related disease, you should consult a physician before purchasing a membership. A person entitled to membership privileges under this Contract who has a history of heart-related disease also should consult a physician before utilizing the programs and facilities of the Seller. LAW APPLICABLE: Texas State law governs this Agreement. INVALID PROVISION: The provisions of this Agreement are severable. If any provision of this Agreement is declared to be void, invalid or unenforceable, it is the intention of all parties to this agreement that the remainder of the agreement will remain valid and enforceable. LIABILITY: If more than one Buyer is signing this agreement, each Buyer is jointly and severally responsible to fully perform all obligations under this agreement. It is Buyer's responsibility to know whether this Agreement is in default for nonpayment or any other reason. NO WAIVER OF RIGHTS: Seller does not waive the right to have future payments made when due if Seller accepts a late or partial payment or delays in the enforcement of his/her rights on any occasion. APPLICATION OF PAYMENTS: Seller will apply all payments received to pay the installments (including late charges, if any) in the order in which they are scheduled to be paid. DISHONORED CHECK FEE: If a check, draft, or order for the payment of money on any bank or other depository submitted by Buyer to Seller as payment is not honored by the bank, then Seller may add a fee of $20.00 or an amount equal to the actual charge by the depository institution for the return of any dishonored instruments, whichever is greater, to the unpaid balance under this agreement. DEFAULT: You are in default if: (A) We do not receive an installment payment from you on or before the date it is due; or (B) You fail to fulfill any obligations or promises under this Agreement including but not limited to full compliance with Club Rules and Regulations. ACCELERATION OF PAYMENTS: If you are in default in the agreement, Seller can immediately without notice demand payment of all unpaid installments. ATTORNEYS FEES AND COURT COSTS: If your failure to pay and one or more of the installments due under this agreement results in Seller's retaining an attorney for collection of the installments due hereunder, you shall be responsible for the payment of court costs and reasonable attorney fees of fifteen (15%) percent of the unpaid principle and interest due hereafter. RULES AND REGULATIONS: (attached to agreement) I understand that violation of the rules may cause my membership in the club to be immediately revoked or terminated at the discretion of Seller. In the event of termination of my membership by Seller for rule violations, my liability for any payments occurring after the date of my membership termination shall cease. In the event of violation of rules and regulations of this health spa, member will be considered in default of the membership terms. Seller reserves the right to make additional rules and regulations as it deems necessary in its sole discretion. WAIVER OF EXEMPTIONS: Buyer waives, as to the debt incurred in this agreement or any extension hereof, all rights of exemption as to personal property allowed under the United States Constitution, the laws of the State of Texas or any other state. LIABILITY WAIVER: It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to Buyer or his guests, nor the property of any Buyer or his guests, nor be subject to any claim, demand, injury or damages whatsoever, including but not limited to those damages resulting from acts or active or passive negligence on the part of the Seller, it's successors or assigns or officers and agents. It is specifically agreed that the Seller shall not be responsible or liable to Buyer or his guests for articles lost or stolen in the Club. The Seller shall not be responsible or liable for loss or damage to any other property of Buyer or his guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or property, or to the property of any Buyer by another Buyer or his guests, is the sole responsibility of the offending Buyer. Buyer agrees that he is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guests, or to the property of either. Buyer further agrees to indemnity the Seller of any loss caused by Buyer for which the Seller Is accused or held liable including reasonable attorney fees. MEMBERSHIP RESERVATION: For the purposes of construction herein the term MEMBERSHIP RESERVATION shall mean securing a membership rate which shall commence upon the opening of this health spa. A membership Reservation will become a membership upon the opening of this facility. NOTICE: ANY HOLDER OF THE CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH 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