Annual Fee is charged in third month of membership (Month-to-Month Membership Only). Annual Fee will be collected with final billing if cancelling within the first 3 months of membership.
30 Day Notice is required upon cancellation of membership (Month-to-Month Membership Only)
Terms and Conditions
You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must either:
1. Send a signed and dated written notice of cancellation by certified mail, return receipt requested; or
2. Personally deliver a signed and dated written notice of cancellation to: Desert Fitness, 4658 S. Higley Road, Suite 101, Gilbert, Arizona 85297 (herein the Club’s address or the “premises”).
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within thirty operating days of receipt of the cancellation notice by the health spa (i.e., the Club).
"Operating day" means any calendar day on which patrons may inspect and use the facilities and services of the health spa (Club) during a period of at least eight hours.
You may cancel this contract (1) upon the members’ death or permanent disability, (2) upon the member’s change of permanent residence to a location more than 25 miles from the Club or any other facility operated by the Club, and (3) if the member is a member of the United States military, including a member of the national guard or a reserve unit, and is serving on federal active duty and deployed outside the State of Arizona.
If you choose to cancel this contract, you must either:
1. Send a signed and dated written notice of cancellation by certified mail, return receipt requested; or
2. Personally deliver a signed and dated written notice of cancellation to the Club’s address as set forth herein.
If a contract is cancelled or suspended for the reasons provided above, the Club shall retain the portion of the total contract price representing the services used plus reimbursement for the expenses incurred in an amount equal to 25% of the total contract price, or such other amount as provided by law. Cancellation or suspension of this contact shall be as provided herein and/or as may otherwise be required by law (A.R.S. Section 44-1973, or such other applicable law).
Waiver, Release of Liability, Limitation of Damages and Indemnity Agreement
You (each member and all guests and parents signing on behalf of any child under 18) (collectively "you" or "member") agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage of any kind or nature while engaging in any physical exercise or activity or any other 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 rooms, sidewalk, parking lot, stairs, sauna, steam room, tanning rooms, lobby area, any equipment in the Club facility, or any other portion of the Club or adjacent premises (collectively the “premises” or the “Club”). Member also agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself and on behalf of your guests, your personal representatives, heirs, executors, administrators, agents, assigns and any parents signing on behalf of any child under age 18 (herein all such parties collectively included in the term "you" or “member”) to release and discharge the Club and its affiliates, employees, agents, representatives, insurers, owners, officers, related entities, successors, and assigns (herein all such parties also collectively included in the term "Club") from any and all claims or causes of action (known or unknown, contingent or liquidated) arising out of, related to or in connection with the negligence of the Club, whether active or passive. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities including any equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, or any other form of negligence by the Club or any other person, and (d) you slipping and falling or any other injury that you may suffer or any other damages you may incur while on or at the Club facility or any portion of the Club's premises for any reason, including, but not limited to the Club’s negligent inspection or maintenance of its facility or your use (proper or improper) of any Club property or as a result of the actions or omissions of the Club or any other person. You also agree to waive any rights that you may have to commence an action or to recover damages for any injury at the Club facility to you or any minor child who is a guest or member. By execution of this Agreement, you hereby agree to indemnify and hold harmless the Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws and judicial decisions of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Notwithstanding any other provision of this agreement or any applicable law, the Club's liability to you or any other person arising out of this agreement for any cause, including but not limited to, negligence, strict liability, tort, warranty, contract or otherwise, shall not exceed and shall be limited to, the lesser of your actual damages or the amount to be paid by you pursuant to this agreement.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, an express assumption of risk, a limitation of liability and damages and an indemnity agreement (”waiver”). You are also aware that by executing this waiver, you are giving up your right to bring a legal action or assert a legal claim against the Club for its negligence, or for any defective product on its premises or for such other reasons as set forth herein. You have read and voluntarily signed this waiver and further agree that no oral representations, statements, promises, agreements or inducement apart from the foregoing written agreement have been made. You also agree that you may enter into this Agreement without the waiver as set forth herein provided that your monthly dues shall be 10x the amount of your monthly dues under this Agreement and you have expressly agreed to enter into this Agreement with such waiver provisions as consideration for the payment of lower monthly dues.
AUTOMATIC RENEWAL: Your membership will automatically renew under existing terms upon expiration unless Member provides thirty day prior written notice of cancellation. Desert Fitness reserves the right to adjust membership dues upon 30 days written notice.
Policies and Procedures
A. The Club has the right to make such rules, regulations and restrictions (“rules”) for use of the Club as deemed necessary and all such rules, as amended from time to time, are incorporated herein and made a part of this Agreement. Any violation of the rules or any other breach of this Agreement shall authorize the Club to terminate your membership.
B. All signs posted in the Club at any time and from time to time shall be considered as part of the rules and regulations.
C. No member of the Club shall advertise or permit his membership to be advertised for sale, lease or use by any other person. Memberships are non-transferrable, non-assignable and non-voting.
D. Membership cards are issued to members only and are not to be used by friends, relatives, or any other person at any time. Infraction of this rule will result in immediate expulsion from the Club. The membership card is Club property, the possession or reservation of which may be determined at the Club’s discretion.
E. Charges and fees for services and facilities are subject to change as deemed necessary by the Club.
F. If the Club elects to expand its facilities or perform any renovations or repairs, the Club may temporarily close for construction and will make reasonable efforts to accommodate its members until such construction is completed.
G. Lost Membership Card may be replaced at a cost of $10.00.
H. Any member who is loud, offensive to other members or employees, behaves in an unbecoming manner or who is cited for infraction of rules may be suspended or expelled from the Club. In the event of such termination, the unused portion of any advanced payment shall be forfeited to the Club.
I. Former members and members restricted from the Club may not enter as guests.
J. Hours of operation are posted at the Club and are subject to change as Club utilization dictates.
K. No member shall solicit any services or goods nor perform personal training services on the premises not shall any member bring in any individual to the Club to perform personal training services.
L. All members must sign in at the reception desk upon entering the Club.
M. Members must display membership cards each time to be allowed entry to the Club.
N. The Club is not responsible for any lost or stolen property at the Club or the actions of any other members or guests.
O. Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears in this Agreement or as subsequently changed by written notice to Desert Fitness. Any notice required or permitted to be given by you to the Club shall be considered duly given only when in writing and when received by the membership office of the Club at the Club’s address set forth herein.
P. All members must comply with all applicable laws when on the Club premises and any violation of such laws shall be deemed a breach of this Agreement.
A. Severability. These provisions of this Agreement are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provision in this Agreement shall not be construed as a waiver of such provision.
B. Governing Law. This agreement shall be construed in accordance with the laws of the State of Arizona with jurisdiction and venue deemed proper in Maricopa County, Arizona.
C. Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings and/or agreements between the parties. This Agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignees of this agreement are authorized to correct patent errors in the Agreement (and other related documents). There are no restrictions, oral promises, warranties, covenants, other than those expressly set forth or referred to herein.
D. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
E. Attorney’s Fees. In the event of any legal action, collection or other proceeding brought by either party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in such legal action or other proceeding.