It is agreed by and between the Workout 24/7 Fitness Center and you, the undersigned Buyer (individually, if you are the Member, and/or as agent or guardian of the Member or responsible party), that you are purchasing a Membership from the Workout 24/7 Fitness Center according to the terms of this Membership Agreement and the current Gym Rules and Regulations provided herewith ("Agreement"). You, the Member, agree to abide by the Rules and Regulations as posted. The Workout 24/7 Fitness Center may change the Rules and Regulations without notice at any time. The Workout 24/7 Fitness Center will post any such changes at the gym. The Rules and Regulations apply to Members and their family members and guests while in, on or about the gym premises. The Workout 24/7 Fitness Center in its sole and absolute discretion, reserves the right to close the facility and/or change hours of operation.
YOUR EFT/CC BILLING DATE: Having an access key makes you a member of the facility and your Dues will be automatically billed and collected electronically once every month beginning on the Monthly Recurring Start Date indicated in the box above and recurring on that same day every month or as soon therebefore as practical, until your membership is cancelled as provided herein.
HOW TO CANCEL YOUR MEMBERSHIP: A Member may cancel a month-to-month membership with 30 days written notice sent by email to cara@workout247.com. Write "30-day cancellation notice" in the email subject line and include sufficient information to identify the Member, such as by reference to key number and name. A 30-day cancellation notice provided up to 3 days after your billing date should result in no further Dues billing. A cancellation notice provided 27 days or less before your next billing date will result in one more Dues billing. Please also see "KEY RETURN UPON CANCELLATION" below for details on how to return your key.
KEY RETURN UPON CANCELLATION: Following written notice of cancellation, please return your access key to the red (Plymouth) or black (Campton) drop box located inside the facility no later than the last day of your 30 days' membership following submission of your written cancellation notice. A $10 fee will be charged if the key is not returned by the last day of your 30 days' membership following submission of your written cancellation notice. You may mail the key if you are unable to return the key in-person.
EFT/CC AUTHORIZATION: To the extent permitted by law, you authorize us to initiate EFT/CC charges from the account you identified and/or any replacement account (the "Account") for the following amounts:
- your recurring Billing Period Dues in the amount indicated on your enrollment form,
- a return fee up to $15 for any EFT charge returned unpaid or on a credit/debit card return;
- a $20 chargeback fee will be applied for each chargeback brought against all authorized purchases;
- and any other fee for other goods/services we provide you from time to time if you instruct us to bill the charge to your Account on file, as authorized by you at that time.
Authorized EFT/CC payments may be separately initiated or combined with other authorized EFT/CC payments. You agree to give us notice if your billing or Account information changes and you authorize us to seek and obtain information about changes in Account numbers and status from third parties, such as your bank or our credit card processor. NOTICE: Monthly Dues Memberships are authorizing a RECURRING TRANSACTION. Failure of any Member to use the Membership will not relieve you of your payment obligation. If any payment of Dues or other charges is not made on time, the Workout 24/7 Fitness Center may, but is not obligated to, suspend or terminate your Membership. Also, when you provide a check as payment under this Agreement, you authorize the WORKOUT 24/7 FITNESS CENTER either to use information from your check to make a one-time electronic fund transfer from that checking account or to process the payment as a check transaction. When the WORKOUT 24/7 FITNESS CENTER uses information from your check to make an electronic fund transfer, funds may be withdrawn from the account on which the check is drawn as soon as the same day the Workout 24/7 Fitness Center receives your payment and you will not receive your check back from your financial institution.
SPECIAL NOTE TO YEARLY MEMBERS: Your yearly membership will not automatically renew for another year's term unless Workout 24/7 receives a renewal request from you in writing no sooner than 90 days prior to one year from the date the agreement is signed below and you have paid the renewal price for a subsequent yearly membership. If no written request and payment is received, the yearly membership will expire. If instead of renewing your yearly membership as described, you wish to convert your yearly membership upon its expiration to a month-to-month membership, you must notify us in writing no sooner than 90 days prior to the yearly membership's expiration. If you do not do so, your membership will end at the expiration of your yearly membership, and you should follow the directives in KEY RETURN UPON CANCELLATION.
MEMBERSHIP HOLD: To put a hold on your monthly membership: A hold can be placed for 5 months or less. When placing a hold, you keep your key and you're required to pay the startup month up front. No enrollment/processing fees.
REFUNDS: No refunds shall be made for Monthly Membership Dues paid. See Buyer's Rights section on page 3 for refund exceptions.
REPLACEMENT KEY: If your key is lost, stolen or damaged, there will be a $10.00 replacement fee.
GUEST PRIVILEGES: Member may bring in guests to use the facility with Member. Guest fee will need to be paid in full prior to guest entering the gym. Guest fees will be posted in the gym and are subject to change. If a member brings in a non-paid guest or any non-member for use of the facility during unmanned hours the member will be held liable for any/all legal and/or financial consequences and will be fined $100 for each occurrence.
UNDERAGE MEMBERS AND CHILDREN: If you need to bring your child in during your workout, your child must remain in the seated area and not wander around the facility. Parent will assume all risk. During unmanned hours a member under the age of 18 is not allowed in the facility without parental/legal guardian consent. Parent will assume all risk.
VIOLATIONS: In the event Member or any of Member's guests violates any terms of the Agreement, the Workout 24/7 Fitness Center May suspend their right to use the gym facilities and the services until such time as Member, or Member's guests, have abided by and fully complied with such terms of the Agreement. Member shall not be entitled to any refund, credit or abatement of Membership Dues for the period during which the Membership was suspended. If Member, or Member's guests, thereafter violates any of the terms of the Agreement, the Workout 24/7 Fitness Center may terminate Member's Membership and the right to use the gym facilities without reimbursement. The Workout 24/7 Fitness Center makes no warranties or representations, express or implied, other than those set forth herein, and your sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this Agreement.
FEE GUARANTEE: Membership fees may be modified from time-to-time by the Workout 24/7 Fitness Center. However, no membership fee change will be applicable to you during the initial term of this Agreement (but will be effective for any renewal periods.)
AGREEMENT TO ARBITRATE ALL DISPUTES: IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND THE WORKOUT 24/7 FITNESS CENTER (AS USED IN THIS PROVISION INCLUDES WORKOUT 24/7 FITNESS CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND THE WORKOUT 24/7 FITNESS CENTER CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR WORKOUT 24/7 FITNESS CENTER, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND THE WORKOUT 24/7 FITNESS CENTER ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND THE WORKOUT 24/7 FITNESS CENTER. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY THE WORKOUT 24/7 FITNESS CENTER IN WRITING, BY MAIL TO WORKOUT 24/7 FITNESS CENTER, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF WORKOUT 24/7 FITNESS CENTER IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, IN WHOLE OR PART, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT.
WAIVER OF LIABILITY: MEMBER ACKNOWLEDGES THAT THE USE OF WORKOUT 24/7 FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE GYM), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO MEMBER AND MEMBER'S GUESTS AND INVITEES. MEMBER VOLUNTARILY AGREES TO ASSUME ALL RISKS OF PERSONAL INJURY TO MEMBER, MEMBER'S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVES ANY AND ALL CLAIMS OR ACTIONS THAT MEMBER MAY HAVE AGAINST WORKOUT 24/7, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO MEMBER, MEMBER'S SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES AND TANNING BOOTHS OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN OTHER AREAS OF THE WORKOUT 24/7 GYM, (III) INJURIES ARISING FROM WORKOUT 24/7 NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING AT ANY WORKOUT 24/7, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN ANY WORKOUT 24/7 FACILITIES, INCLUDING DRESSING ROOMS. MEMBER ALSO WAIVES ALL CLAIMS AGAINST WORKOUT 24/7, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIM'S MEMBER MAY HAVE UNDER ANY OF THE STATE'S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND MEMBER'S MEMBERSHIP.
ASSUMPTION OF RISK AND INDEMNIFICATION: MEMBER ACKNOWLEDGES THAT (I) WORKOUT 24/7 DOES NOT MANUFACTURE ANY OF THE FITNESS OR OTHER EQUIPMENT AT ITS FACILITIES AND (II) WORKOUT 24/7 DOES NOT MANUFACTURE ANY VITAMINS, FOOD PRODUCTS, SPORTS DRINKS, NUTRITIONAL SUPPLEMENTS OR OTHER PRODUCTS SOLD AT ITS FACILITIES; ACCORDINGLY, NEITHER WORKOUT 24/7 NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS SHALL BE HELD LIABLE FOR ANY SUCH DEFECTIVE EQUIPMENT OR PRODUCTS. MEMBER SHALL INDEMNIFY WORKOUT 24/7, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (AN "INDEMNIFIED PARTY") AND SAVE AND HOLD EACH OF THEM HARMLESS AGAINST AND PAY ON BEHALF OF OR REIMBURSE ANY SUCH INDEMNIFIED PARTY AS AND WHEN INCURRED FOR ANY LOSSES (INCLUDING ATTORNEYS' FEES) WHICH SUCH INDEMNIFIED PARTY MAY SUFFER, SUSTAIN OR BECOME SUBJECT TO, AS A RESULT OF, IN CONNECTION WITH, RELATING OR INCIDENTAL TO OR BY VIRTUE OF ANY CLAIM THAT IS THE SUBJECT OF THE WAIVER SET FORTH ABOVE. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND MEMBER'S MEMBERSHIP.
SEVERABILITY: If any part of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall not be affected.
ADDITIONAL RULES:
- Workout 24/7 Fitness Center is not responsible for personal items left in or around facility.
- Do not remove any equipment or anything else from Workout 24/7 that does not belong to you.
- Unlawful destruction of property in or around Workout 24/7 Fitness Center will be pursued to the limits the law allows.
- Use good safety practices while working out. We recommend finding a workout partner. Always use a spotter when lifting free weights (if no one is there, do your free weight lifting another day). Always use proper form while lifting.
- All members must rack their weights to their proper place after use. Absolutely no dropping or slamming weights down.
- Be sure to adjust machines to fit your body before using them. If you are unfamiliar with a piece of equipment, wait until you can ask for assistance.
- If equipment breaks or malfunctions please stop using immediately and notify personnel. Do not use any equipment that is not working properly.
- Please wipe down the equipment after use.
- You must change into clean shoes after entering in from the outdoors.
- If you are the last person to leave please turn off the TV's.
- The Workout 24/7 Fitness Center is monitored 24 hours a day 7 days a week for the safety and protection of the facility.
- Please be aware of your surroundings and take caution when working out during unmanned hours. Lock cars and call 911 in the case of an emergency.
By signing this Agreement, Buyer acknowledges that Buyer is of legal age, has received a copy of this entire Agreement identifying the Membership type and services purchased, has read and understands the entire Agreement including, but not limited to the EFT/CC Authorization, the Agreement to Arbitrate all Disputes, Waiver of Liability, Assumption of Risk and Indemnification, Gym Rules and Regulations provided herewith. The Workout 24/7 Fitness Center has made no express or implied warranties or representation other than those expressly set forth in this Agreement to induce Buyer or anyone to enter into this Agreement. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and the Workout 24/7 Fitness Center. Any conflict between the original Agreement and any copy shall be controlled by the original Agreement. The Workout 24/7 Fitness Center recommend that you consult your physician prior to beginning any exercise or weight loss program. Buyer consents to receiving telephone calls and/or emails from the Workout 24/7 Fitness Center for purposes related to Buyer's account information. Buyer hereby consents to the use of an electronic signature to record Buyer's commitment to the terms of this Agreement.
"NOTICE TO BUYER: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ ALL OF IT OR IF IT CONTAINS ANY BLANK SPACES."
"STATE LAW REQUIRES THAT THIS CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS CLUB FOR MORE THAN ONE MONTH'S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.""YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION." Your written notice shall be delivered in person or mailed by certified or registered letter to Workout 24/7 Fitness Center, 17A Town West Road, Plymouth, NH 03264 within such 3-day period.
Buyer's Rights:
I. Every seller of a prepaid health club services contract shall:
- Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if:
- The buyer is unable to receive benefits from the seller's services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or
- The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired.
- Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250.
- Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation.
II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.
You are entitled to a completely filled in copy of this agreement.
