Membership Agreement Terms and Conditions
1.0 FEES AND PAYMENTS
1.1 Returned Payment Penalty. You will automatically be charged any bank fee imposed on any of the facilities, plus a processing fee of up to $15, for any returned payment item due to closed accounts, insufficient funds, etc.
2.1 Revocation of Membership. At our discretion, your membership may be revoked at any time and for any reason, including if, in the reasonable judgment of the facility, you have acted in a manner contrary to the best interests of safety of the facility or other members, or if your account has a balance past due. Each Facility also reserves the right to require a member to leave for the day if, in the Facilities reasonable judgment, such member poses a health or safety risk or is disturbing, or appears likely to disturb, other members or Facility personnel.
2.2 Use Privileges. You must abide by the individual rules of your membership; Additional fees may apply if you chose to use facilities or services outside of your membership privileges.
2.3 Membership Freeze. Members may put their membership on hold (a/k/a, a “freeze”) for any reason for a minimum of one month, a maximum of 3 months or any number of whole months in between. You must notify the Facility, in writing, at the address set forth on the membership agreement, of the dates you wish to put your membership on hold and by signing a “Freeze Form.” During this freeze period you will not be billed your regular monthly dues and you may not use the Club or any of its programs or services. Where permitted, you will be charged a fee of $15 for each month that you remain on hold. Following the expiration of your freeze period, you will automatically be billed your regular monthly dues. Your commitment period will be extended by the amount of time your membership is on hold.
2.4 Closings. From time to time, a part of a facility or the entire facility will be temporarily unavailable while repair, renovations or special events take place or until governmental permits or licenses are received. We will make every effort to minimize any disruption to members during these periods. Some or all of the facilities services may be closed for holidays. Facility hours of operation are displayed in each Club and may be modified from time
3.0 MEMBER RISK
3.1 Medical Recommendations. You should consult your physician or have a physical examination before using any fitness equipment or program, especially if you are elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems or other chronic illness.
3.2 Member Conduct. Members shall not use any of the facilities, services or equipment in such way as to endanger the health or safety of themselves or others. Members shall be responsible for any property damage or personal injury caused by them, their family, or their guests. Members agree not to violate any laws.
3.3 Orientation. Members and members’ guests should seek instruction from Facility personnel in the use of all equipment, before using any of the facilities, services or equipment. If you fail to ask for instructions as to how to use the equipment, you assume the risk of injury associated with the misuse of such equipment.
3.4 Medical Disclaimer. Each member has been informed and acknowledges that the facility have made no claims as to medical results that can or may be obtained through use of the facilities, equipment or services. The facility does not have the training, authority or expertise to provide medical treatment or related advice to members.
3.5 Activity Risk. Any strenuous athletic or physical activity involves certain risks. By signing this agreement, you represent that you understand and you acknowledge that there are risks associated with the use of a health club and the use of fitness guarantee that any facility or equipment is free of risk,. You agree to use care in the use of the facilities, equipment and services and to protect against accidents by other members.
3.6 Prevailing Party. In the event that you commence an action against the Club or any of its affiliates and fail to obtain judgment or receive partial judgment, you shall be liable to the Facility for all costs and expenses the Facility or its affiliates incur in the defense of the action or any claims on which you did not prevail, including attorney’s fees in connection with TSI’s collection of any amounts owed by you.
3.7 Loss of Property. The Facility shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities, or jewelry.
4.1 Non-Discrimination. The facility will not discriminate against any person because of sex, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other actions in connection with, membership in the facility.
4.2 Enforcement. If any provision of your contract is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of the contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
4.3 Governing Law: Jurisdiction. These terms and conditions shall be governed in all respects by substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. With respect to personal jurisdiction, you hereby irrevocably submit to personal jurisdiction arising under this contract within the location set forth below, and you hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. You hereby waive your right to a trial by jury.