Membership Agreement Rules
1. MEMBERSHIP CARD: All members are required to use a membership card to gain access to the facility. Members may also be required to display membership cards at the front desk. Members may be required to furnish other suitable identification as requested by facility personnel in order to gain entrance. In the event that a member claims that his/her membership card has been lost, stolen or destroyed, facility may require an affidavit setting forth the relevant circumstances and payment of a service fee before issuing a replacement card, which service fee shall be subject to change by Facility. Member shall be responsible for surrendering his/her membership card (including family member cards) within thirty (30) days of membership termination. Facility may charge access fee for activation of card, which fee shall be subject to change by Facility. This fee is non-refundable.
2. GUEST PRIVILEGES: Members are invited to bring or send their friends to the facility for a fitness assessment and facility tour. Each member, subject to the facility manager’s approval, may bring or send in as many guests as member desires. However, the same guest may not come in as a guest more than one (1) time per month or three times in any 12-month period. Guests are allowed only during staffed hours. All guests must register at the Front Desk and be under the complete supervision and guidance of the member. Facility reserves the right to charge a guest fee to member, which shall be subject to change from time to time. Members are not allowed to let non-members into facility without approval from staff.
3. EXERCISE CLOTHING : Proper workout attire is required while exercising. Shorts, sweatpants, T-shirts, or tank tops are recommended. Any vulgarity printed on clothing is not permitted. Members may not wear jeans while using equipment. Closed-toe shoes are required while exercising. Swimsuits are not allowed in the exercise areas.
4. TIME USE OF EQUIPMENT: The Member agrees to follow designated time use of all machines exactly as recommended. Time use may be limited on certain specified machines.
5. EQUIPMENT MALFUNCTIONS: The Member understands that equipment may, from time to time, be out of order. When special factory parts must be ordered some units may be out of order for several weeks. When this occurs, the members agree to follow a regulated substitute program.
6. SAFETY FIRST REGULATIONS: Members will not start a machine or other device until in proper position and will follow instructions exactly as recommended by an instructor.
7. CHILDREN: No children will be allowed in the facility, except in designated children’s area. Children shall be defined to mean any person under the age of 14. Children between the ages of 14-18 are not allowed to exercise unsupervised during card access hours unless he/she is accompanied by an adult member. Children under the age of 14 are permitted to exercise only with direct supervision from a parent, guardian, or personal trainer. In facility sole discretion, the age may change, without recourse by member. Children are to be properly supervised by a parent or guardian. Any damage to the facility will be the responsibility of the member and may result in loss of member privileges.
8. COMPLIANCE WITH RULES AND CONDUCT OF MEMBER: The Member agrees to be subject to the control and guidance of the facility staff while on the premises and will follow instructions of facility personnel. Member agrees to conduct his/herself in a quiet, well mannered fashion while on the premises and reserve all criticism of any major kind about other facility members, guests, or facility personnel until in a private office with the facility manager. The Member agrees to obey all rules and conditions of membership contained in this contract or in the future prescribed by the facility, and the facility reserves the right to revoke or terminate the membership if a member fails to keep and obey any of such rules and conditions.
9. USE OF FACILITY BY MEMBERS: The Member agrees and represents on behalf of his/herself and all family members that all exercises, treatments, and use of all facilities shall be undertaken at each member/s own risk, that each member is in good physical condition and physically able to undertake any and all physical exercises and treatments provided by the facility, and that the corporation which owns the facility and/or any affiliated companies and/or their respective agents and employees shall not be liable for any claims, demands, injuries, damages, actions or causes of action to members or their property, which arise wholly or partially due to the negligence of a member, and/or which arise wholly or partially due to the negligence of the corporation which owns the facility and/or any affiliated companies and/or their respective agents and employees or the premises where the same are located; and the members do hereby expressly forever release and discharge said corporation and any affiliated companies and their respective agents and employees from all such claims, injuries, damages, actions or causes of action. In case of an accident, the member agrees on behalf of his/herself and all family members that the injured party will be examined at Member sole expense by a licensed physician who shall report in writing to both the injured party and the corporation owning the facility.
10. DAMAGE TO FACILITIES: The Member agrees to pay an extra charge for damage arising from any careless use of equipment, dropping of weights, etc., caused by member.
11. PERSONAL PROPERTY: The facility, the corporation owning the facility, and the agents and employees of both shall not be responsible for damaged, lost or stolen articles of clothing or any of his/her personal property of any member.
12. AMENDING OF RULES: The facility reserves the right to amend or add to these rules and conditions and to adopt new rules and conditions as it may deem necessary for the proper management of the facility.
13. WARRANTIES: Member agrees that no warranties, representations, agreements of merchantability, fitness for a particular purpose, or otherwise express or implied, were made to member except for those written therein or in writing, signed by an officer of the corporation owning the facility.
14. PLAY AREA: Facility may provide a play area for younger children. It is the member’s responsibility to ensure that the area is appropriate for their child and parent assumes all risk of injury to said child by leaving the child in said area. The facility does not directly supervise the area and such area is accessed at user’s discretion and free will.
15. NO WAIVER OF RIGHTS: We do not waive our right to have future payments made when due if we accept a late or partial payment or delay the enforcement of our rights on any occasion.
16. APPLICATION OF PAYMENTS: We will apply any payments received to pay the Installments (including late charges, if any) in the order in which they are scheduled to be paid.
17. DISHONORED CHECK FEE: If a check, draft, or order of the payment of money on any bank or other depository submitted by you to facility as payment is not honored by the bank, the facility may add a fee of twenty-five dollars ($25.00) or 5% of the face amount of the check, draft, or order, whichever is greater, to the unpaid balance unless the check, draft, or order, is made good within ten (10) days after facility gives you written notice of the bank dishonor.
18. DEFAULT: You are in default if: (a) We do not receive an installment payment from you on or before the date it is due, or; (b) You fail to fulfill one or more of your obligations or promises under this contract including full compliance with Facility Rules and Regulations, or; (c) Insolvency actions are begun by or against you. Insolvency includes situations where you are unable to pay all of your debts as they become due. Should any monthly payment become more than ten days past due, you will be charged a late fee.
19. SERVICES: We agree to provide you with use of our facilities and all equipment and amenities which are available to you under the terms of your particular membership. We reserve the right to add or delete services and amenities as reasonably warranted.
20. RULES AND REGULATIONS: By signing this Contract you acknowledge receipt of a copy of Rules & Regulations governing the conduct of members and guests, including the play area rules for younger children and you agree to follow them. We may suspend or revoke your membership in the event that you fail to obey our Rules and Regulations. We reserve the right to amend the Rules and Regulations as reasonably warranted.
21. STUDENT MEMBER: Defined as a person enrolled full-time in school (College is minimum of 12 hours; high school is full-time and approved by parent)
22. SENIOR MEMBER: Defined as a person 55 years of age and over.
23. SENIOR COUPLE: Defined as husband and wife 55 years of age and over.
24. INDIVIDUAL MEMBER: Defined as a person not eligible for either student or senior status.
25. COUPLE MEMBER: Defined as husband and wife not eligible for either senior couple status.
26. FAMILY MEMBER: Defined as husband and wife and dependent children up to the age of 21.
27. GUEST MEMBER: Must have a local address (within 30 miles).
28.DAILY RATE – $5 per day, subject to change. Out of town guests included.
29. COMPLETE AGREEMENT AND SEVERABILITY: The terms on both sides of this Contract constitute the full agreement between you and us, and no oral promises are made part of it. If any part of this Contract is declared invalid by law, neither you nor we will lose any rights contained in the remaining provisions of this contract.
30. RESTRICTIONS ON MEMBERSHIP: Facility reserves the right to revoke or deny the membership of any member or guest whose access to or use of our facilities, in our judgment, creates a danger or health safety hazard to you or our other members, guests, or employees. Access to our facilities will be denied unless you can provide competent medical evidence certifying to a substantial medical certainty that such condition poses no danger or health or safety hazard to other individuals. We may support or refute any such medical evidence with additional evidence as we deem necessary.
31. COLLECTION FEES/ATTORNEY FEES AND COURT COSTS: If you fail to pay any one or more of the installments due under this contract, facility will retain a collection agency and/or an attorney for collection proceedings. You will be responsible for payment of all collection costs including reasonable attorney fees and court costs.
32. MISCELLANEOUS: Exercise with a partner during card access hours. Do not allow non-members into the facility without consent from a staff member. Always use a spotter with free weights. Smoking is not permitted in any part of the facility, including the locker room area. No members are allowed behind the front desk. No one under the influence of alcoholic beverages or nonprescription drugs including anabolic steroids, are allowed on the premises of the facility. Weight plates must be put back on the weight racks after each use. Please DO NOT lean the weight plates against the equipment or lay them on floor. Do not drop weights. No chalk or baby powder is permitted in the workout area. Weight belts must be removed before utilizing the equipment. Lockers are available for your use while visiting our facility, however, locks will be subject to removal and Seller will not be obligated to replace the lock. You are required to notify management when a lock is placed on a locker. No profanity will be allowed. You are responsible for cleaning each piece of equipment after use, if necessary. Ask for assistance if you are uncertain about proper use of any equipment. For emergency assistance after hours, please dial 911.
Children’s Play Area Rules
The play area is an unsupervised area. Parents & Guardians assume all risks and liabilities associated with use by their children. Parents are encouraged to monitor their children at all times. The facility and its staff are not responsible for your child’s safety or injuries that may occur during use of the area.
The play area will be open during staff hours only.
- The play area is appropriate for ages 3-8 only, children over 8 are not allowed.
- Socks are mandatory for entry into the play area. Bare feet and shoes are not permitted.
- All hands must be disinfected with hand sanitizer before entry into the play area.
- No eating, drinking, or chewing gum in the play area.
- Children must go down the slide feet first.
- No climbing or sitting on the fences, gates, or top of the enclosed slide.
- No body contact or rough play of any kind – for example: pushing, shoving, riding “piggyback” and wrestling.
- Plastic balls are to remain in the ball pit at all times.
We have designed the play area to be a fun and safe place for children to play and be active. These rules are designed for the safety of each person in the play area. Misuse of any kind may result in the denial of privileges.