Fitness Center Membership Application and Agreement
I/We desire to become members of MI3 Fitness Center and hereby provide the following information of our application:
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Fees and Dues:
To establish and qualify for membership, member agrees to pay a one-time non-refundable enrollment fee of $ 15 (fifteen dollars).
Monthly Dues for the membership selected are $30 (thirty dollars). Monthly dues for the following month, along with authorized member charges will be collected electronically by the 3rd of the month, unless previously paid by other means. All members must provide Electronic Funds Transfer information required below. In the event we are unable to collect payment electronically, the member will be notified and payment must be made by other means, immediately in order to maintain membership privileges.
- I understand that all Enrollment Fees and Membership dues are subject to applicable state sales tax.
- I understand that all agreements are 12-month and will automatically renew on a month-to-month basis until cancelled by the member.
- I understand that my account will be charged and billed with the monthly billing for any programs and services not paid at time of registration.
- Dues must be current at all times or fitness membership will be suspended or terminated.
Acceptance and Agreement I/We hereby agree to accept and abide by the terms of this Membership Application and Agreement. I/We understand that this membership agreement is for a term of twelve (12) months and will continue thereafter on a month-to-month basis unless cancelled by me (either of us).
I/We (Member) hereby authorize MI3 Center Fitness Center to effect payment for monthly dues and approved membership charges for the duration of my/our membership through electronic funds transfer. This authorization is to remain in full effect until Club has received WRITTEN NOTIFICATION from me (either of us) on cancellation in writing by fax, by certified letter, return receipt requested THIRTY DAYS NOTICE.
The MI3 Fitness Center will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, circuit training equipment and free weight training area. The MI3 Fitness Center and facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. In order to keep the facility in the best possible condition a portion of the MI3 Fitness Center may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.
2. MEMBER’S HEALTH WARRANTY
The member warrants and represents that the member or any family member or guest entitled to use the facilities of the MI3 Fitness Center under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) the MI3 Fitness Center will rely on the foregoing warranty in issuing the Membership; 2) the MI3 Fitness Center shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by the MI3 Fitness Center, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) The MI3 Fitness Center shall not be subject to any claim, demand, or injury whatsoever on account of the MI3 Fitness Center’s evaluation or interpretation of such fitness assessment or similar testing. 5) The MI3 Fitness Center shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY
Each member of the MI3 Fitness Center shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at the MI3 Fitness Center or any activity or function operated, arranged or sponsored by the MI3 Fitness Center. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the MI3 Fitness Center Facilities, or participation in, the MI3 Fitness Center, activities operated, arranged or sponsored by the MI3 Fitness Center either on or off of the MI3 Fitness Center’s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and the MI3 Fitness Center shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge the MI3 Fitness Center, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT
Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, MI3 Fitness Center dues, or 20for behavior inimical to the enjoyment of the MI3 Fitness Center by other members and staff for any reason deemed sufficient in the sole discretion of Management.
5. BUYER’S RIGHT TO CANCEL OR TERMINATE
Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract. Cancellation must be in writing and delivered to MI3 Fitness Center either in person, by fax or by certified registered mail. All faxed and mailed cancellations will be dated 30 days from fax date or postmark. In the event of a three (3) day cancellation, MI3 Fitness Center will refund all dues paid (registration is non-refundable). Month-to-month members may voluntarily terminate membership at any time after their 12 month agreement for any reason by: 1) notifying the MI3 Fitness Center in writing by fax, certified mail, return receipt requested or in person 30 days prior to cancellation and; 2) paying all current charges prior to termination. You may also cancel if the Member relocates more than 50 miles from the MI3 Fitness Center and provides adequate proof of residence. MI3 Fitness Center Enrollment Fees are non-refundable except as indicated above.
6. UNPAID BALANCES
All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to: 1. Collect the current and past due balance. 2. Suspend and/or terminate membership privileges. 3. Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing. 4. Collect a service fee of $35.00 for any check or draft payable to the MI3 Fitness Center which is not honored.
7. AGREEMENT AND RELEASE OF LIABILITY
MI3 Fitness Center will provide access to the building using a barcode system. I acknowledge the supervision is not always provided at the facility. I acknowledge that use of the barcode system by someone other than myself will result in loss of membership. Initials
8. ENTIRE AGREEMENT
This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
9. I certify that I have received a copy of the Rules and Bylaws and have read and understand them.