Member registration

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)

PAID-IN-FULL MEMBERSHIP AGREEMENT Zach’s Club #1 This Paid-In-Full Membership Agreement (‘Agreement’) is entered into between Zach’s Club #1 (‘Club’ or ‘Seller’) and the undersigned member (‘Member’ or ‘Buyer’). By signing this Agreement and purchasing a paid-in-full membership, Member agrees to the following terms: 1. MEMBERSHIP PAYMENT Member agrees to purchase a paid-in-full membership for the membership term selected at the time of purchase. ● All membership fees are paid in full at the time of purchase. ● All payments are final. ● No refunds will be issued for any reason, except where required by applicable law. Membership privileges begin on the date of purchase or activation and remain valid for the purchased membership term unless otherwise stated in this Agreement. 2. NON-REFUNDABLE MEMBERSHIP Member understands and agrees that: ● Paid-in-full memberships are non-refundable. ● Failure to use the membership does not entitle the Member to a refund or credit. ● Membership time cannot be transferred, resold, or reassigned. 3. MEMBERSHIP EXTENSIONS Membership extensions may be considered only under limited circumstances, including: ● Documented medical conditions ● Other verified force majeure events preventing use of the Club Extension Requirements To request an extension, Member must: ● Submit written documentation or proof of the relevant issue ● Send the request by email to: [email protected] Approval ● All extension requests are subject to individual approval by General Management. ● The Club reserves the sole discretion to approve or deny any extension request. Non-Eligible Extensions Paid-in-full memberships will NOT be extended for: ● Vacations ● Travel ● Work schedules ● Elective leave ● Personal scheduling conflicts ● Other voluntary absences 4. CLUB RULES AND MEMBER CONDUCT Member agrees to comply with all Club rules, policies, and facility guidelines. Failure to follow Club rules may result in suspension or termination of membership privileges at the discretion of Club management. Termination due to rule violations does not entitle Member to a refund or membership extension. 5. 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 ● 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: 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: ZACH'S CLUB #1 4229 78th Street Lubbock, Texas 79423 AND 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. 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: 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.