Terms and Conditions
(Waiver and Release of Liability)
The club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. All exercises, including the use of free weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the member's sole risk. Member understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be member's entire responsibility, and the Club shall not be liable to member for any claims, demands, injuries, damages, or actions arising due to injury to member's person or property arising out of or in connection with the use by member of the services, facilities, and premises of the Club. Member hereby holds the Club, its officers, owners, agents, and employees harmless from all claims which may be brought against them by member or on member's behalf for any such injuries or claims.
If by reason of death or proof of permanent disability, the buyer is unable to continue the membership, buyer or buyer's estate shall be relieved from the obligations of this contract.
Should member permanently move their residence more than 30 miles from an affiliated area, unless member resides outside the city of Hastings at the time of joining, then a permanent move of more than 30 miles from members current residence, payment on this agreement will be suspended upon payment of an appropriate cancellation fee of $50.00 and legitimate verification of the move by providing a lease and/or utility bill showing new residence/address, city, state and members name and with written notification 30 days in advance (cancellation forms are provided by facility if needed).
All membership cancellations require 30 days notice in writting. Notice must have members first and last name printed and signed as well as the date the letter was wriiten. 30 days notice starts when cancelation letter is received. Cancelation forms are provided in facility as well and it is recomended to cancel in person at the facility to avoid any confusion.
Memberships with a delinquent balance can not be canceled until the account including all associated fees are paid in full.
Member agrees to follow club rules as promulgated from time to time. Violation of these rules may be the cause for suspension or cancellation of membership.
By signing this agreement, the member agrees to pay all fees related to delinquent payments and collections including but not limited to late fees, ACH return fees, collection fees, etc. Fees are as follows but are subject to possible change.
Decline payment = $25, 5 days delinquent = $10, 10 days delinquent = $20, accounts/memberships sent to collection = past due amount and all fees + 54% collection fee
The member also understands the access will be denied immediately due to delinquent or declined payments until account is made current, including all late fees. No grace period will be given.
ATTENTION!!! SOCIAL MEDIA SUCH AS FACEBOOK ETC. OR CONTACTING OWNERSHIP OR STAFF ON THEIR PERSONAL DEVICES TO MAKE CHANGES OF ANY KIND TO MEMBERSHIP ACCOUNTS IS NOT ALLOWED! SUCH CHANGES MUST BE MADE IN PERSON OR BY CALLING THE FACILITY.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE BUYER/MEMBER COULD ASSERT AGAINST THE CLUB AS A RESULT OF THES CONTRACT. RECOVERY BY THE BUYER/MEMBER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER/MEMBER TO THE CLUB PURSUANT TO THIS CONTRACT. YOU THE BUYER MAY CANCEL THIS AGREEMENT BY MIDNIGHT OF CLUB'S THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, AND SUCH CANCELLATION MUST BE IN WRITING TO THE CLUB. IN THE EVENT THE CLUB CLOSES AND CEASES DOING BUSINESS, YOU ARE NO LONGER OBLIGATED TO MAKE PAYMENTS UNDER THIS AGREEMENT.