Membership
1. At our discretion, your membership may be revoked at any time for any reason, including if, in the reasonable judgment of the club, you have acted in a manor contrary to the best interests or safety of the club or other members, or if your account is past due. Life Health & Fitness Sports Club LLC also reserves the right to require a member to leave for the day if, in the clubs reasonable judgment, such member is poses a health or safety risk or is disturbing, or appears likely to disturb, other members or club staff.
2. Members may put their membership on hold (a/k/a freeze) for any reason for a minim of one month, maximum of six months or any amount in between. You must notify the club in writing, of the dates you wish to put your membership on hold and by signing a Freeze Form. During this freeze period you will not be billed your regular monthly dues and you may not use the club or any of its programs or services. You will be charged a fee of $15 for each month that you remain on hold. Following the expiration of your freeze period, you will automatically be billed your regular monthly dues. Your commitment period will be extended by the time your membership is on hold.
3. From time to time, a part of the club or the entire facility will be temporarily unavailable while repairs, renovations or special events take place or until governmental permits or licenses are received. We will make every effort to minimize any disruption to members during these periods. Some or all of the clubs services may be closed for the holidays. Club hours of operation may be modified at anytime.
4. Membership may be transferred to another person at the buyers’ request. A $49 dollar transfer fee will be charged along with a transfer form to be signed by both the transferor and transferee.
Fees and Payments
1. You will be charged a processing fee of up to $25 for any returned payment item due to closed accounts, insufficient funds, etc.
2. Any account deemed delinquent for lack of payment shall be sent to a collection agency for all charges accumulated, in addition to a $150 collections charge.
3. A once a year facility upgrade fee of $19.99 will be charged in October.
Cancellations
1. Member may cancel for medical reasons with no extra charge only during long term illness or disability cases where illness or disability extends longer than six months. In such cases Physicians note is to be submitted, in which seller has the right to contact physician and verify illness and or disability. Cancellation form must be filled out and signed in the club
2. This contract may also be canceled if the buyer relocates his/her permanent residence more than 25 miles away from the club operated by the seller. Relocating member must provide proof of address change. The following items are acceptable proof of address: final utility bill marked “this is final bill” addressed to relocating member at previous address, a new lease or bill of sale or property deed for relocating member, yellow US postal service address forwarding sticker, one way airline ticket.
3. Buyer is responsible for applicable late fees, collections fees, and/or attorney fees.
4. Initiation fee is non-refundable. Frozen membership time has no cash value and is non-refundable.
5. This contract may be canceled within 3 days of signing. (please follow the following procedure to ensure proper credit). Buyer must mail by certified mail a “statement of cancellation” before midnight of the sellers third business day (business days include every day accept Sunday and official post office holidays). Statement should include buyers name, address and telephone number and a brief sentence requesting termination of contract and club services. Any bounced checks or credit card charge back fee will require a $25 fee. Buyer may be responsible for services that he/she utilizes at full price.
6. If none of the requirements listed above ca be met, an early termination fee of $150 may be paid to terminate the membership immediately.
7. Paid in full memberships may only be canceled and refunded within the first 3 days of membership. Any request for cancellation or refund thereafter shall be void. All memberships paid monthly must cancel with a 30 day notice, either by mail or by signing a cancellation form.
Member Risk
1. You should consult with your physician or have a physical examination before using any fitness equipment or program, especially if you are elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems or other chronic illness.
2. Members shall not use any of the clubs’ facilities, services or equipment in such a way as to endanger the health and or safety of themselves or others. Members shall be responsible for any property damage or personal injury caused by them, their family, or their guests. Members agree not to violate any laws.
3. Each member has been informed and acknowledges that the club has made no claim as to medical results that can or may be obtained through use of the clubs facility, equipment or services. The club does not have the training, authority or expertise to provide medical treatment or related advice to members.
4. Any strenuous athletic or physical activity involves certain risks. By signing this agreement, you represent that you understand and you acknowledge that there are risks associated with the use of a health club and the use of fitness equipment and that free weights pose a risk of injury if not used correctly. We cannot guarantee that any equipment is free of risk. You agree to use care in the use of the clubs facilities, equipment and services and to protect against accidents by other members.
5. In the event that you commence an action against the club and fail to obtain judgment or receive partial judgment, you shall be liable to the club for all costs and expenses the club incurs in the defense of the action or any claims on which you did not prevail, including attorney’s fees. You agree to pay all costs plus reasonable attorney’s and collection fees in connection with Life Health & Fitness Sports Club LLC’s collection of any amounts owed by you.
6. The club shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities, or jewelry.
7. By signing this Agreement, the member grants the club the right to use their photographic likeness for promotional purposes, including, without limitation, for online usage and marketing materials.
8. It is understood and agree that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
9. If any provision of your contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holdings shall not affect the validity or enforceability of any other provisions of the contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.