IRON WORKER GYM
Contract and Terms Of Service
6A. ELECTRONIC FUND TRANSFER MEMBERSHIP ONLY: Member
agrees that monthly payments shall be made by electronic
deduction from Member's checking account or by electronic
charges against Member's designated credit card. Member
agrees to sign and deliver to IRON WORKER GYM the documents required to enable such
electronic deductions or charges. If Member's bank or credit
card issuer fails to honor any deduction or charge, Member
shall promptly pay IRON WORKER GYM the monthly payment plus a $10.00 fee and
reimburse IRON WORKER GYM
for any cost IRON WORKER GYM may incur as a result of such failure.
6B. TERM: The term ("Term") of this Membership shall be
for an initial period of one year (the "Initial Term"),
after which time the Membership shall continue on a month to
month basis starting on the date the initial Term ends. Each
month of the Term shall be known as a Membership Month.
Member understands that after this membership is in effect
for twelve (12) months, IRON WORKER GYM may increase the monthly charge on not less
than thirty (30) days notice to the member. Cancellation of
membership during the Initial Term is only permitted for
reasons listed in paragraph 4B.
7. ADDITIONAL FEES: In addition to the cost of
Membership, Member shall also pay additional fees for
certain Pay Services (towels, messages, one-to-one training,
certain classes, programs and any other services).
IRON WORKER GYM reserves
the right to increase the fees at anytime without notice for
such Pay Services and to include charges for other items
which IRON WORKER GYM may
provide. Pay services are not refundable and may not be used
after the Membership expires. Any Pay Services which may be
unused at such time will be forfeited.
IRON WORKER GYM reserves
the right to change any of its policies regarding additional
services listed in this section at its sole discretion.
PERSONAL PROPERTY: IRON WORKER GYM recommends the usage of padlocks for daily
locker usage. YOUR GYM
NAME will not responsible for any lost or stolen
personal property. However, IRON WORKER GYM total liability may not exceed the sum
of $250 for any loss resulting from
IRON WORKER GYM total
gross negligence. IRON WORKER GYM is not responsible for theft or damage.
9. RULES & REGULATIONS: This agreement is subject to
the Rules & Regulations established by
IRON WORKER GYM, including
those delivered to you with this Agreement. Member agrees
that they have read, fully understand, and will abide by all
provisions outlined in the IRON WORKER GYM rules and regulations.
IRON WORKER GYM may change
the rules & regulations at any time, at its sole
discretion.
10. IRON WORKER GYM
RIGHT TO REVOKE MEMBERSHIP: Member has been informed and
understands that IRON WORKER GYM may revoke the Membership in the event of
Member's breach of the provisions of this Agreement or of
IRON WORKER GYM Rules and
Regulations or for generally undesirable behavior, which
shall be determined by IRON WORKER GYM in its sole discretion.
11. MEDICAL DISCLAIMER: Member represents that member is
in good health and that member has no health condition,
illness or communicable disease that may make member's use
of IRON WORKER GYM
facilities injurious to member or other user of
IRON WORKER GYM
facilities. If member should develop any such condition,
illness or disease during the term, member promises to
discontinue his or her membership until member has received
an appropriate medical release from member's doctor
authorizing member to continue using the facilities. Member
further promises to hold IRON WORKER GYM harmless from all liability for damages
which IRON WORKER GYM may
incur if member or any third party should sustain injury or
damage while using IRON WORKER GYM facilities, which is caused in any way by
member's condition, illness, or disease. PLEASE BE ADVISED
THAT IF MEMBER HAS ANY CHRONIC PHYSICAL DISABILITY OR
MEDICAL CONDITION, MEMBER MAY BE AT GREAT RISK IN USING
IRON WORKER GYM
FACILITIES.
12. NO CLAIMS BY IRON WORKER GYM AS TO MEDICAL RESULTS TO MEMBER: Member
understands that IRON WORKER GYM has made no claims as to medical results
which Member might obtain through the use of the Club and
that IRON WORKER GYM has
not and will not suggest any medical treatment(s) to Member.
In this regard, Member acknowledges that
IRON WORKER GYM personnel
are not permitted to make any such suggestions, and
IRON WORKER GYM expressly
disclaims any which may be made. Member represents to
IRON WORKER GYM that
Member does not have any medical or physical condition which
would prevent or preclude Member from utilizing any or all
of IRON WORKER GYM
facilities and that Member has not been instructed by any
physician not to use any of IRON WORKER GYM facilities.
13. MEMBER'S ASSUMPTION OF RISK AND RELEASE: Member
expressly assume the risk and responsibility, for any and
all accidents or injuries of any kind which Member may
sustain by reason of Member's imprudent physical exercise
and use of IRON WORKER GYM
facilities. Member hereby releases, discharges and absolves
IRON WORKER GYM, its
agents, officers and employees from any and all liability,
loss cost or expenses (including attorneys' fees and
disbursements) incurred by Member as a result of any
accident and/or injury, except to the extent an accident or
injury is caused by or results from the gross negligence of
IRON WORKER GYM, its
principles, agents, officers or employees.
14. RENEWAL OF MEMBERSHIP: Member may enter into a
Renewal Agreement to renew the Membership at the then
effective rates and form an agreement for an EFT membership
or an additional six month, one year or two year period
without payment of an additional initiation fee, so long as
Member's Renewal Agreement is entered into and payment is
made in accordance with the terms of the Renewal Agreement
before the expiration of the Membership and the Membership
is otherwise in good standing. Before the expiration of
member's Membership, IRON WORKER GYM may forward Member an automatic membership
renewal in the form of an invoice in the amount of the then
applicable renewal rate, less any credits which may be
outstanding on Member's account.
15. INABILITY OF IRON WORKER GYM TO PERFORM: So long as
IRON WORKER GYM maintains
a club in operation in Lakeport CA, the closing of a club, the malfunctioning
of any equipment and/or facilities at any club or
cancellation of any services, shall not be a reason by which
Member can cancel his or her Membership or be entitled to
any form of compensation. If Member purchased a Membership
based upon the opening of a particular Club and should the
opening of such Club be delayed or abandoned, the total
liability of IRON WORKER GYM shall not be greater than the amount paid by
Member.
16. IMPORTANT NOTICE FOR CLUB MEMBERS: BOND OR INSURANCE INFO GOES HERE
17. CORPORATE MEMBERSHIP RIDERS: Any corporate rider
attached to this agreement shall override the terms and
conditions of said agree
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