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 RISK, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risk associated with using exercise equipment and exercising alone without the aid and presence of CLUB staff on the premises. I understand that South Pike Fitness, LLC, dba South Pike 24 hr Fitness, is privately owned and operated by South Pike Fitness, LLC. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS South Pike Fitness, LLC, Payment Processing, INC, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in the connection with my use of any of the equipment or the facilities of the CLUB, or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law 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 SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT AND INDUCEMENT.
CPR RELEASE: The CLUB, during hours upon which the facility is staffed, employs persons who are trained in Cardiopulmonary resuscitation (CPR) for the safety of its MEMBERS pursuant to the Health Club Act. If MEMBER is in need of and receives CPR by trained personnel at the facility, MEMBER hereby agrees to RELEASE, INDEMNIFY AND HOLD HARMLESS South Pike Fitness, LLC, (dba South Pike 24 hr Fitness) its owners, affiliates, employees, attorneys and assigns from any and all liability, injury, damages and causes of action arising from receiving CPR by a trained employee of the CLUB.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement you agree 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 days late. Should any monthly payment become more than ten days past due, you will 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 Payment Processing, INC 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. (NOTE: MEMBERs paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed to a coupon book. This will not affect any other provisions of this agreement.)
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 changed is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize new Designated Billing Company to continue drafting your account.
MEMBER OBLIGATIONS: (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 this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
MEMBERSHIP FREEZE POLICY: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a membership for a medical reason. Freezes can be from 30 to 180 days at a time. We may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the CLUB, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
MAINTENANCE OF FACILITIES: The CLUB may be temporally closed for periods of up to 30 days each year. If the CLUB closes temporarily, your membership will automatically be extended for the length of time the club was unavailable. The CLUB reserves the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month’s membership dues.
LETTER OF CREDIT: South Pike Fitness, LLC holds a letter of credit with First Commonwealth Bank of Philadelphia and 6th Street, PO Box 400, Indiana, PA 15701. In the event that the CLUB closes, goes out of business or MEMBER believes that they are entitled to a refund that the CLUB refuses to pay, then in that instance, MEMBER may bring an action against the CLUB and thereafter submit any final judgment obtained to the Director of the Pennsylvania Bureau of Consumer Protection requesting payment under the terms of the letter of credit.
BUYER’S RIGHT TO CANCEL: (1) If you wish to cancel this contract, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12 midnight of the third business day after you sign and receive a copy of this contract. The notice must be delivered or mailed to South Pike Fitness, LLC., 141 Mulone Drive, Sarver, PA 16055. All access cards must be returned to the CLUB. If access cards are not returned, the CLUB will deduct the cost of the cards from the refund. If this contract is signed before the CLUB is open for business, Buyer has the right to rescind the agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer. (2) If during the original term of this contract you relocate more than 25 mile radius from the CLUB you may cancel this contract by providing a 30-day written notice, proof of relocation, and a $50 early cancellation fee. Any pre-paid dues remaining will be refunded, except for a cancellation fee not to exceed $50. Acceptable proof of relocation includes a newly issued Driver’s License with an address different from the one you signed up with or shown on your previous license or a utility bill in your name with your new address. (3) If you die or become totally and permanently disabled, you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use one-third or more of the CLUB facilities for six months or more. Any pre-paid dues remaining will be returned but no cancellation fee will be charged. (4) The CLUB retains 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 contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract in full as well as a $50 cancellation fee. In the case where the facility or its contents are damaged, you will furthermore be responsible for the repair or replacement thereof. (5) If the health club facility closes for more than 30 days, Buyer may cancel by written notice. Any cancellation under this subsection will received a pr-rata refund of any prepayments. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the CLUB via certified mail return receipt requested, to South Pike Fitness, LLC., 141 Mulone Drive, Sarver, PA 16055, or by personal delivery to the CLUB at the address specified in this agreement. All monies to be refunded upon cancellation shall be paid to MEMBER within 40 days of receipt of the notice of cancellation. If the MEMBER has executed a credit, lien or automatic fund transfer with the CLUB to pay for CLUB services, any negotiable instrument of credit or lien agreement executed by the MEMBER shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation.
SUMMARY OF MEMBERSHIP POLICIES
- 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 shall be 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 . .The MEMBER may also be charged for purchases through the use of their key or account number.
- 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.
- 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 sue 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, we will extend the MEMBER’s membership privileges for the period the facilities were unavailable.
- 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 payment of dues or other fees due or paid pursuant to this Membership Agreement. 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 contract declared due and payable in full immediately.
- 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 activates are strictly forbidden. If MEMBER engages in such commercial or business activates MEMBER’s memberships shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
- MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Do not 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.
- MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault, or harass other CLUB MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER’s memberships shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
- 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.
- MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
- Arbitration: 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 sale or federal court in this state.
- Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount of attorney’s fees.
- The parties 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.
- This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
- MEMBER authorizes the CLUB, Payment Processing, INC, and South Pike Fitness, LLC. to contact them by e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, Payment Processing, INC.
- 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, which may be retained by the CLUB for subsequent review, and MEMBER access card usage is logged.
- MEMBER 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 the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER 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 enter the facility during unstaffed hours.
- Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB. Regardless, all payments for personal training services are to be made to the CLUB, who will pay the trainers as the services are provided.
- MEMBER has access to a free orientation to the facility and the proper use of all equipment. It is the MEMBER’s responsibility to request this orientation.
- It is MEMBER’s responsibility to wipe down all equipment after each use and re-rack the weights they use.
- MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
- Each MEMBER is responsible for understanding how to operate the panic alarms and agree to use them only in the case of an emergency.
- 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 MEMBER’s membership, and the balance of the contract being declared due and payable in full immediately.
- Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.
- Age Requirements – Persons under the age of 14 are not permitted in the CLUB.