MEMBER ASSUMPTION OF RISK AND RELEASE
I understand the risk of injury from CLUB activities and using any CLUB equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I understand that Fitness Through MMA® is a trademark of Fitness Through MMA ,LLC. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CLUB AND Fitness Through MMA, LLC, their respective owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releases), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES or otherwise, that may arise out of or in connection with my using any of the equipment or the facilities of the CLUB or any incident that occurs while using the CLUB’s facilities or engaging in CLUB activities on or off the premises or otherwise related to my CLUB membership.
I expressly agree that this release is intended to be as board and inclusive as permitted by the laws of Florida and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS: Should Member 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 Member agrees 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 ten (10) days late. Should any monthly payment become more than ten (10) days past due, Member will be charged a late fee. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), the Club’s Designated Billing Company, Fitness Through MMA, LLC., 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.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The Club hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.
NOTICE: 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 HEREUNDER.
1) Member agrees to abide by all Club policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.
2) Member agrees to pay monthly dues on time, including notifying the Club promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
3) Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.
4) Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.
MEMBERSHIP DISABILITY: If Member becomes temporarily disabled for more than four (4) consecutive weeks, Member may freeze their account for up to three (3) months. The request must be made in writing and the Club may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of the Club. If Member requests their account to be frozen for longer than the three (3) month period, the Club will require medical proof of disability for the requested extension. Once the required documents are received by the Club, the Member is entitled to freeze their account for the duration of the disability. After Member recovers, Member is entitled to an extension of this Agreement for a period equal to the time of the disability. If Member is permanently disabled, Member may cancel this Agreement and receive a refund pro rata of the amount paid pursuant to it.
MEMBERSHIP FREEZE POLICY: If Member’s account is frozen for any reason, Member may be assessed a fee not to exceed $10/month. Regular payments and time will be added to the end of the existing membership term.
1) Delinquent accounts will be assessed a fifteen percent (15%) monthly fee on the total balance due and owing until such balance is paid in full.
2) At the Club’s discretion, delinquent accounts may be sent to a third-party collections agency and a fifty-four percent (54%) fee will be assessed on the past-due amount to cover the collections’ agency fee that is charged to the Club.
1) Member’s accounts will continue to accrue monthly membership fees until explicitly cancelled by the Member. Member understands that the Club will under no
circumstance automatically cancel an account on behalf of the Member and that the Member is responsible for giving appropriate notice to the Club. Member’s account must be current before any cancellation will take effect.
2) Member may cancel their membership and receive a full refund within three (3) business days of signing this Agreement by providing a written notice and returning all access cards to the Club. If access cards are not returned, the Club will deduct the cost of the cards from the refund.
3) Month-to-month memberships may be cancelled provided a thirty (30) day written notice prior to next monthly due date is hand-delivered or mailed via certified or registered mail to Lifestyle Fitness, 8680 W. Warm Springs Rd., Suite 140, Las Vegas, NV 89148. No cancellation fee will be charged. Any payments due prior to cancellation taking effect will still be due and payable. Again, Member’s account must be current before any cancellation will take effect.
4) If during the original term of this Agreement, Member relocates more than a 45 mile radius from the Club or any affiliate Club which will accept the membership, Member may cancel this Agreement by providing a thirty (30) day written notice and proof of relocation. Any pre-paid dues remaining will not be refunded. Acceptable proof of relocation includes a newly issued Driver’s License with an address different from the one that the Member signed the Agreement with or shown on your previous license or a utility bill in Member’s name with your new address.
5) If Member dies or becomes totally and permanently disabled, Member or Member’s estate may cancel this Agreement by providing a written request and certifiable proof of disability or death. For permanent disability, Member’s doctor must provide certification of the disability and state that the Member is unable to use any of the Club’s facilities. Any pre-paid dues remaining will not be refunded.
6) The Club reserves the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the Club policies, violation of terms of this Agreement, or due to damage rendered by Member or Member’s guests, Member will remain responsible for the financial obligations of this Agreement as well as a $100.00 cancellation fee. In the case where the facility or its contents are damaged, Member is also responsible for any repair or replacement thereof.
7) To cancel for any of the above reasons, Member is to send or deliver a written notice to the Club or to the Designated Billing Company.
SUMMARY OF MEMBERSHIP POLICIES
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 is required to provide Member’s own athletic equipment and clothes. The Member will be subject to additional charges for and including, but not limited to, the use of tanning beds. The Member may also be charged for purchases through the use of their key or account number.
2) Member must present upon entering the Club his/her membership card. Member agrees that Member may be denied access to the Club without his/her membership card.
3) Member agrees to abide by all membership regulations of the Club. Member agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member will be responsible for all payments due and owing under this Agreement, even if Member does not use the Club’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the Club becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, the Club will extend the Member’s membership privileges for the period the facilities were unavailable.
4) 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 future 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. Additionally, Member may be assessed an account suspension fee not to exceed $10/month. 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, and the balance of the Agreement declared due and payable in full immediately.
5) 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 and the balance of this Agreement declared due and payable in full immediately.
6) Member agrees that Member shall abide by the Club dress code at all times while in the facility. Member is not to wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in the Club.
7) Member agrees that he/she will not use loud or profane language upon the Club premises nor will Member molest, badger, assault or harass other Club members, guests or employees. If Member engages in such behavior, Member’s membership shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.
8) 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 problems 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.
9) Member agrees that if he/she fails to use the Club facilities that this failure shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.
10) Member agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this Club is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.
11) Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that the Club shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12) Both Member and the Club hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13) This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14) Member authorizes the Club, and Lifestyle Fitness II, LLC. to contact Member by e-mail or telephone.
15) The Club retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the Club from time to time and all Members shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the Club or at the Club’s website.
• This facility is under 24-hour recorded video surveillance and Member access # usage is logged.
• Members may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the Member may be charged a guest fee and/or have their membership suspended or canceled, the balance of this Agreement declared due and payable in full immediately, and be assessed a penalty of up to $250.00. Members may not allow anyone else to use their access card and must alert the Club immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
• Members who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they expect for anyone else to let them into the facility.
• Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for personal training services are to be made to Lifestyle Fitness, who will then pay the trainers as the services are provided.
• All Members have access to a free orientation to the facility and the proper use of its equipment. It is the Member’s responsibility to request this orientation.
• Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member’s membership, and the balance of this Agreement being declared due and payable in full immediately.