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, guests and invitees (collectively, "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 Monthly Dues will be automatically billed and collected electronically once every month beginning on the date the Agreement is signed and recurring on that same day every month or as soon thereafter as practical, until your membership is cancelled as provided herein.
HOW TO CANCEL YOUR MEMBERSHIP: To cancel your gym membership, return your access key to the red (Plymouth) or black (Campton) drop box located inside the facility prior to your enrollment date. After access key has been placed in the drop box, notify Workout 24/7 by call/text 603-726-6764 or email email@example.com that your access key has been returned. A cancellation notice should include sufficient information to identify Member, such as key number and name. Calling or emailing Workout 24/7 alone does not cancel your membership, the return of the access key card is what cancels your membership.
A cancellation notice marked at least 1 business day before your next billing date should result in no further Dues billing. A cancellation notice postmarked less than 1 business day before your next billing date will result in one more Due's billing. If you lost your access key, notify Workout 24/7 to cancel your membership. A $10 fee will be charged for cancelling a membership without the return of access key.
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: (1) your recurring Billing Period Dues in the amount indicated on your enrollment form, (2) a return fee up to $15 for any EFT charge returned unpaid or on a credit/debit card return; (3) a $20 chargeback fee will be applied for each chargeback brought against all authorized purchases; (4) 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: Dues Memberships are authorizing a RECURRING TRANSACTION. Failure by any Member to use the Membership will not relieve you of your payment obligation regardless of the circumstances. 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
MEMBERSHIP HOLD: To put a hold on your 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 Membership Dues paid.
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 club 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, therebefore 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.)
NOTICE OF CANCELLATION RIGHTS: 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.
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.
- 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.