TERMS & CONDITIONS
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS
You may make payments on an installment basis or in a single payment. Paying the full amount may be less expensive, but may involve ?nancial risks to you. Read this notice carefully before making a decision. Nevada State law requires certain health clubs to post a bond or other ?nancial security to protect members in the event the club closes. This club is exempt from this requirement since it gives members the option of paying on an installment basis, therefore it need not post a bond or other form of ?nancial security. In deciding whether to make your payments on an installment basis, you should be aware that if the club closes, although the club will remain legally liable for a refund, you may risk losing your money if the club is unable to meet its ?nancial obligations to members. In the event of a closure the club reserves
the right to transfer your membership to another facility with a similar range of services and will do so without any extra
charge to you as a member. Members singing up for all services including tanning consent that they are aware of the risks.
RIGHTS TO CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF SIGNING THIS AGREEMENT. Any notice of canellation shall be in writing subscribed
by the buyer and mailed by registered or certified mail to Express Fitness, 200 E Lake Mead Pkwy , Henderson, NV 89015, and shall be
accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buy Term agreements may not be cancelled without written evidence from a licensed physician and are subject to a cancellation fee of $100. Memberships out of term agreement may be cancelled with a 30 day written notice to the club and are subject to a $49 charge for processing. Cancellation cannot be processed until any balance owed is paid in full.
RULES & REGULATIONS
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The
MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes.
2. MEMBER agrees to present and scan his/her membership card upon entering the CLUB. If MEMBER cannot present his/her membership card, then MEMBER agrees to announce his/her name to a staff member and understands that he/she may be asked to present identi?cation.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the CLUB, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
4. MEMBER agrees to comply with the CLUB’s posted circuit rules and guidelines. MEMBER further agrees to respect that members using the circuit as an ordered routine have priority and he/she may not interrupt said routine.
5. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of fu- ture compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the CLUB.
6. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any
Claim against the CLUB and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation
in ?tness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any in?rmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the CLUB that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.
7. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities, MEMBER’s membership shall be subject to immediate cancellation.
8. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility.
9. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s member- ship shall be subject to immediate cancellation.
10. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional prob- lems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
11. MEMBER agrees not to enter the CLUB with wet or muddy shoes and understands that he/she must remove wet or muddy shoes before entering the CLUB and agrees to bring an additional pair of shoes for their workout. MEMBER further understands that open toed shoes, sandals, and ?ip ?ops are strictly prohibited.
12. MEMBER agrees to use the provided towel and disinfectant to clean any bodily oils or perspiration the MEMBER may have left on the
13. MEMBER agrees to return weight plates, dumbbells, benches, attachments, and any other accessories to their original location.
14. MEMBER agrees not to disrupt the CLUBs comfortable environment. Possible disruptions include, but are not limited to: Cutting in front of other members on the circuit, intimidating or aggressive behavior; unreasonable grunting or breathing; dropping weight plates, bars, or dumbbells; and slamming the weight plates on the cable station.
15. MEMBER agrees to maintain his/her personal hygiene throughout his/her workout in the CLUB. The CLUB suggests re-applying de odorant, changing shirts, or showering before the workout. MEMBER further agrees not to enter the CLUB wearing excessive cologne o-r
16. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
17. In the event a dispute arises between MEMBER and the CLUB which relates to this Membership Agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER’s use
the CLUB facilities, exercise equipment, or participation in exercise classes or other programs including any injuries to the MEMBER, the of
dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
18. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
19. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
20. This Agreement may not be amended or modi?ed except by an instrument in writing executed by the parties hereto.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than five days late. Should any monthly payment become more than five days past due, you will be charged a late fee of $10. An additional service fee of $10 will be assessed
for any check, draft, credit card, or order returned for insuf?cient funds or any other reason. If the Member is paying monthly dues by electronic funds
transfer (EFT), the club reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law.
ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR CLUB REPRESENTATIVE MEMBER PARENT OR GUARDIAN