MEMBERSHIP PRIVILEGES AND POLICIES
Each member (also referred to as “buyer” or “you” hereinafter) shall pay their account set up fee plus the first (1) and last monthly dues upon joining. Balances due for more than seven (7) days are subject to a $20 service charge. Membership privileges will be terminated for accounts over sixty (60) days delinquent. Upon termination of membership, rejoining will be at Pulse Health & Fitness discretion and at full current rates. There is a $30 service charge for insufficient funds, returned checks, renewal of membership or credit card declines.
- Pulse Health & Fitness urges all members to obtain a physical examination from their physicians prior to joining Pulse Health & Fitness or the use of any exercise equipment or participating in any exercise class. In recognition of the possible dangers connected with physical activity the buyer/member warrants and represents the member, or any family member or guest entitled to the use of the facilities of PULSE HEALTH & FITNESS under the terms of this membership, is 18 years of age of older, in good health, has no disability, impairment, or ailment preventing such person from safely engaging in active of passive exercise that would be detrimental to such person’s health, safety, or physical condition, or to the safety or health of other members of Pulse Health & Fitness. If such person does engage in or participate in such exercise, the member acknowledges and agrees (1) that Pulse Health and Fitness will rely on the foregoing warranty in issuing this membership (2) that Pulse Health and Fitness shall have no obligation to perform fitness assessments or similar testing to determine that member’s physical conditions (3) that if any fitness assessment or similar testing is performed by Pulse Health & Fitness it is solely for the purpose of providing comparative data with which the member can chart his or her progress in a program, and is not for diagnostic purposes and (4) that Pulse Health & Fitness shall not be subject to any claim, demand, injury, or damage whatsoever on account of Pulse Health & Fitness’ evaluation or interpretation of such fitness assessment or similar testing.
- A usage fee will be charged separately for each of the following activities and facilities: nutrition services, yoga, Pilates and other specified activities and facilities as may be posted.
- Monthly rates and all policies stated herein are subject to change. Such change will be preceded by a minimum of a thirty (30) day notice in writing to all members.
- ENTIRE AGREEMENT: This contract constitutes the entire and exclusive agreement between parties. Any promise, representation, understanding, and/or agreement pertaining directly or indirectly to the agreement may be modified only by and instrument in writing. Employees are not authorized to make any independent agreement(s) with any member, and any such agreement will not be binding on or recognized by Pulse Health & Fitness.
- Each Member of Pulse Health and Fitness understands and agrees to be liable for any and all property damage and/or personal injury caused by the member or the member’s family or guest at Pulse Health & Fitness. The use of Pulse Health & Fitness facilities, equipment, programs, activities, privilege, service, contest, game, function, exercise, competition, or other activity operated, organized, arranged, or sponsored by Pulse Health & Fitness shall be at such member’s, member’s family or guest’s own risk, and Pulse Health & Fitness shall not be liable for injuries, damages or loss.
- Member, member’s family and Guests agree to follow club rules as promulgated from time to time. Any conduct by a member, member’s family or guest which interferes with the use, safety or enjoyment of the club, or interferes with normal usage and efficient operation of the facility and its equipment, or attempts to prevent normal business operation, is strictly prohibited. Member’s, member’s family or guest’s violation of these rules may be the cause of suspension or expulsion, the member shall not be relieved of his/her responsibility to pay in full the fees and dues required to be paid hereunder.
- Member must swipe their membership card. Members without proper identification may be refused admittance. The management reserves the right to request additional identification periodically to prevent non-members from using the club. Pulse Health & Fitness reserves the right to refuse admittance to non-members. Minimum attire for Pulse Health & Fitness is gym shorts, tee-shirts and athletic shoes. No cutoff jeans, boots or sandals can be worn on the workout floor. No gym bags or jackets can be left outside the locker rooms.
- Members are urged to avoid bringing valuables onto the premises. Pulse Health & Fitness, its affiliates, agents or employees shall not be liable for the loss, theft, or damages to the personal property of members or guest.
- This contract shall be enforced and interpreted pursuant to the law of the State of Maryland.
- Cancellation Policy - Termination letters must be received in writing 30-days prior to the next billing in order to avoid being charged.
- There is a $150 cancellation fee while in a 13-month agreement. The contract can only be cancelled without a fee for the following reasons:
- Relocation of 25 miles or more. With proof of relocation being new driver's license, phone or electric bill.
- Injury. Physician's referral required. With Physician's verification prohibiting permanent physical exercise of any type.
- Freeze – Member can freeze membership up to three times in the 1 year agreement. Can freeze up to 3 months at a time. Each 3 month freeze period will be added to the end of the contract to complete a 1 year agreement.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You (Buyer, each member and all guests) agree that if you engage in physical exercise or activity or use of any Pulse facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, lobby area, or any equipment in the Pulse facility. Member agrees to assume the risk in his or her participation in an activity, class, program, instruction, or Pulse-sponsored event. You agree that you are voluntarily participating in the afore mentioned activities and using Pulse facilities and premises and assume all risk of injury, illness, damage and loss to you or property that might result, including, without limitation any loss of theft to personal property. You agree on behalf of yourself (and your personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge Pulse (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Pulse, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns. The waiver and release of liability without limitation to injuries which may occur as a result of (a) your use of exercise equipment or facilities which may malfunction or break, (b) Pulse’s improper maintenance of any exercise equipment or facilities, (c) Pulse’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including Pulse’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnify and hold harmless PHF from any loss, liability, damage, or cost PHF may incur due to your presence at PHF facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as a broad and inclusive as permitted by the law in the State of Maryland and that you in any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING ALEGAL ACTION OR ASSERT A CLAIM AGAINST PHF FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCTON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENT, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.