- ASSUMPTION OF RISK AND RELEASE: Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress
fractures, shin splints, tendonitis, cartilage tears, bursitis, back pain, and bruising of joints. Exercise beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or death. Member agrees to defend, indemnify, and hold TRU-COR Fitness LLC and its officers, agents, and employees harmless from and against any and all loss, damage and expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of member. Member further agrees to release TRU-COR Fitness LLC and its owners, officers, agents, and employees from any and all liability arising out of injury to member and further agrees to defend, indemnify, and hold TRU-COR Fitness LLC, its owners, officers, employees, and agents free and harmless from and against the same. If member brings any personal property onto the premises of TRU-COR Fitness LLC or onto the facility’s parking area, member takes such action at member's sole risk. It is further understood that TRU-COR Fitness LLC is not responsible in any way for damage to or loss of any personal property which member brings onto the premises of the gym or onto the facility’s parking area, including but not limited to, losses due to theft, damage, or car accident. This section will survive any cancellation of this Agreement.
- TERM OF AGREEMENT: This Membership Agreement is between Member, listed on the reverse side, and TRU-COR Fitness LLC. All monthly agreements will continue on a month-to-month basis indefinitely, with membership dues being collected on the same date each month, until member notifies TRU-COR Fitness that they wish to cancel. All cancellation requests must be made in advance of the member’s monthly due date to avoid being charged for the next month. All yearly agreements will exist for a period of twelve (12) consecutive months, with membership dues being collected on the same date each month for those twelve months. After the twelve (12) consecutive months expire, the contract will automatically renew on a month-to-month basis at the standard price of 44.99 a month or 34.99 (seniors) until member notifies TRU-COR Fitness that they wish to cancel or renew their year contract. No early cancellations of yearly agreements will be permitted unless otherwise noted in this contract. In the event that a payment has been declined, Member will be notified by TRU-COR Fitness LLC and Member will be responsible for paying their membership dues plus an additional $25.00 charge within five days. If this payment is not received within that timeframe, Member will also be charged an additional $15.00 late fee. TRU-COR Fitness LLC may change membership dues under this Agreement by posting notice of such change in the facility at least 30 days in advance of such change.
- RULES AND REGULATIONS: Member acknowledges that TRU-COR Fitness LLC operates under rules and regulations established for the safety and protection of patrons and agrees to be bound by them and as well as by rules and regulations subsequently approved and posted or published by TRU-COR Fitness LLC. Rules and regulations, in effect from time to time, are incorporated into this agreement by reference. Facilities, equipment, hours, services, regulations, and policies are subject to change, without prior notice, at the sole discretion of TRU-COR Fitness LLC, and member agrees to accept such reasonable change as a condition of membership. TRU-COR Fitness LLC reserves the right to revoke this membership if member fails to keep and obey any of such rules and regulations, or for reasons of nuisance, disturbance of other members or staff, moral turpitude, or fraud.
- PROHIBITED ITEMS AND ACTIVITES: No alcohol, drugs, or smoking. You cannot use the facility or engage in any activity at TRU-COR Fitness LLC while under the influence of drugs, alcohol, or medication that may impair the ability to operate equipment. Also, TRU-COR Fitness LLC does not permit smoking, alcohol, illegal drugs, including steroids, in its facility. No weapons of any kind are permitted in TRU-COR Fitness LLC. No photography, videotaping, filming, or audio recording, is permitted on this premises without written permission of the management of TRU-COR Fitness LLC. TRU-COR Fitness LLC reserves the right to limit the consumption of food and beverages in workout areas. TRU-COR Fitness LLC reserves the right, in its sole discretion, to limit or restrict the use of outside equipment in the club. Gambling or gaming is prohibited in the club or on club premises.
- TERMINATION: If you wish to cancel this agreement, you may cancel by mailing or delivering written noticed to TRU-COR Fitness LLC 418 Avon Belden Road Avon Lake, Ohio 44012. The notice must say that you do not wish to be bound by the agreement and must be delivered or mailed by certified mail before midnight of the third business day after you sign this agreement. All monies paid under the agreement will be refunded. If as a result of a physical injury or adverse health condition, you are unable to continue exercising, TRU-COR Fitness LLC agrees to suspend your membership until the time that you are able to continue exercising. You must make a written request of the account freeze, specifying in that request the injury or health condition preventing you from being able to exercise. TRU-COR Fitness reserves the right to deny refunds that are requested without probable cause. I understand that TRU-COR Fitness LLC may suspend or terminate my membership without any liability for failure to adhere to the terms of this agreement or for violation of the facility’s policies and procedures.
- TRANSFER: It is expressly understood and agreed that this contract is not assignable or transferrable by member and no rights or privileges granted by this membership can be transferred or assigned by member. This agreement, and all documents mentioned hereto by reference, constitutes the entire agreement between member and TRU-COR Fitness LLC. It cannot be amended unless by mutual consent in writing by both parties. This agreement may not be cancelled except as provided by herein.
- SEVERABILITY: If any part of this agreement shall be held invalid, that part shall be deemed excluded from this agreement and the remainder of the agreement shall remain in full force and effect.
- ACCEPTANCE OF TERMS: As a member, I understand that I am entitled to use the facility within the scope of the membership that I have selected and that I am obligated to pay my dues and fees regardless of whether I use the facility. I agree to promptly update TRU-COR Fitness LLC of any changes of address, phone, or credit information.
I certify that I have received, read, understand and agree to all of the terms of this membership agreement and agree with all of its terms, and agree to be legally bound by the same to the fullest extent permitted by law.