Monthly Cancellation Policy:

Members may terminate the agreement and the obligation to pay further monthly dues by submitting a written cancellation request either in person, by mail or email to memberships@myfitzone.com, emails must be sent from the email address registered to your account. Cancellation requests must be received by members billing date of the previous month (1 month notice). If notice is not received by this date and you are between billing cycles member/account holder will be billed one final month and admin fee (if applicable). In the absence of such notice, all fees shall continue. Verbal cancellations will not be accepted. Member/account holder are responsible for any back dues, admin fees, and late fees, prior to cancellation.

 

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

 

Release of Liability:

In consideration of being allowed to participate in the activities and programs of FITZONE and to use its facilities, equipment, and machinery in addition to payment of any fee charged, I do hereby waive, release, and forever discharge FITZONE and it’s officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability for injuries or damages resulting from my participation in any activities or my participation in any activities at said facility. I do hereby release all of those mentioned and any others acting on their behalf from any negligent act or omission of participation in any activities of FITZONE or – the use of any equipment at FITZONE. I understand and am aware that strength, flexibility and aerobic exercise including the use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury or even death and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or illness that would prevent my participation in any of the activities and programs of FITZONE or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in any exercise/fitness activity or in use of exercise equipment and machinery. I acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise, and use of exercise training equipment so that I might have recommendations concerning these fitness activities and equipment use.

 

CONDITIONS OF FITZONE MEMBERSHIP:

1. The privilege of membership will carry no right of participation in management or control of the finances of FITZONE.

2. All members must take a photo for our Club Software for identification purposes, if a member objects to taking a photo that they may present a photo ID each time they enter the facility. Failure to provide either form of photo ID will result in the termination of the membership.

3. Closure, Move or Sale of Club: FITZONE may permanently close or move your club of enrollment without any effect on this agreement if it transfers your membership to a compatible club within 10 miles of the one affected.

4. If a Member is unable to use the facilities as provided herein due to a permanent disability or if said Member dies, he/she and his/her estate shall be relieved from the obligation of making payment for services other than those received prior to this death or the onset of the aforementioned disability. FITZONE requires that the disability be confirmed by a physician agreeable to you and us. If he/she has prepaid any sum of services, so much of sum is allocable to services he has not taken shall, upon receipt of notice of death or disability, be promptly refunded to him/her or his/her representative. Whenever a refund is due a Member from a prepaid sum for service not taken by the member, such refund will reflect a rorated total of the prepaid sum, including the initiation fee, in accordance with the monthly dues rate even if prepaid sum was an advanced discounted annual dues.

5. Member understands that FITZONE prohibits the use of any illegal drugs or steroids and member agrees not to use any illegal drugs or steroids on the premises. 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 FITZONE premises.

6. Memberships can be frozen for medical reason only. A freeze must be done at time of injury, illness, or medical condition. Medical freezes are not retroactive. Written confirmation from a physician may be required. Administration fees cannot be frozen.

7. A membership may be placed on temporary pause for 2 to 6 months with manager approval. Pause requests must be submitted in writing to a FITZONE manager. A minimal fee will be billed each month during the pause. Administration fees cannot be paused. Your full dues billing will resume after 6 months maximum.

8. Upon approval by FITZONE Management memberships may be transferred to another person for a fee. Please check with your individual club for details. Transfer must be done in writing and all outstanding balances must be cleared before a transfer can take place.

9. Failure to utilize FITZONE facilities does not relieve Member of the obligation to pay this membership in full.

10. FITZONE reserves the right to discontinue any program, service, amenity or piece of equipment at anytime.

11. All personal trainers must be authorized and approved by FITZONE; private personal training is prohibited.

12. FITZONE reserves the right to terminate a membership at anytime at the discretion of FITZONE Management.

13. Failure to attend/utilize the facility does not relieve member/buyer of obligation to pay monthly dues/admin fees or late fees (when applicable).

14. FITZONE is not responsible for any lost or stolen items.

 

RULES AND REGULATIONS OF MEMBERSHIP:

Rules and regulations as set forth are part of the Membership Agreement and Member is obligated to observe and comply with them. FF10 may make reasonable changes from time to time. Said changes shall be posted on the premises.

1. HOURS: Check location for individual club hours. Hours are subject to reasonable change at the discretion of FITZONE management.

2. REGISTRATION: All members, upon entering FITZONE are required to show their membership card and register at the reception desk. During non-staffed hours, all members are required to scan their membership cards at the door reader. Members who do not have their membership card will not be allowed into the facil- ity during non-staffed hours, nor should they enter the facility during unstaffed hours. Non-VIP/VIP+ guests are welcome during staffed hours only and must be registered and fees paid at the reception desk. Membership card replacement fee is $10.00. Members are required to bring their membership card each visit to FITZONE. Member may not allow anyone else to use their access card and must alert the FITZONE Immediately if it Is lost or stolen. Guests must be at least 12 years old.

3. RIGHT TO CHANGE DESIGNATED BILLING COMPANY: FITZONE hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account amount of time he was a member.

4. WARRANTY OF PHYSICAL FITNESS: The member warrants that he/she is in good physical condition and has no disability, impairment or ailment, which would be adversely affected by participation in a physical conditioning program or by use of the gym’s facilities or services.

5. CLOTHING REQUIREMENTS: Proper athletic clothing and footwear are required in exercise areas. Denim, work pants, open toes shoes or bare feet will not be permitted. The final decision on apparel will be at the discretion of FITZONE management. If you perspire heavily, wipe down the equipment after your repetitions. Personal cleanliness and hygiene is also required.

6. DAMAGE TO OR MAINTENANCE OF THE FACILITIES: Should the facility be unavailable for Member’s use due to damage by fire, act of ACT, catastrophe, accident, construction, extraordinary maintenance, the membership term for each member shall be extended for a period of time equal to the time of such unavailability.

7. VIOLATIONS OF RULES AND REGULATIONS: In the event a Member violates any of the rules, regulations and conditions of membership herein contained or posted on FITZONE premises, FF10 may terminate his membership immediately and penalty of up to $250 may be assessed.

8. RETENTION OF DUES TO COVER DAMAGES: In the event a Member, through negligence or willfulness, damages any of the facilities, FITZONE may terminate his membership and retain as much of the prepaid sum as is allocable to services he has taken and to cover damages caused by the Member. The processing fee shall not be refundable or applicable to cover damages. This provision does not in any way preclude FITZONE from seeking damages beyond the amount of the prepaid sum, nor is FITZONE precluded from seeking damages without terminating membership.

9. DEFAULT IN FEE OBLIGATION: All monthly dues obligations are due and payable each month, regardless of facility use. If dues become 30-days delinquent, use of the FITZONE facilities will be suspended. If dues become 90-days delinquent, member will be automatically terminated. Member and account holder will also be responsible for reasonable fees for collection of a delinquent account.

10. WAIVER OF CLAIMS: Member acknowledges, agrees and understands that weight training, aerobics and cardiovascular training can be hazardous to some individuals and may result in injury and other aspects of weight training, aerobics and cardiovascular training may result in injury to their self or other members. Member further agrees that in consideration for permission to enter onto the premises of FITZONE, member assumes all risks of injury incurred or suffered while on and/or upon the premises of FITZONE and releases and agrees not to sue FF10, its agents, servants, associations, employees or anyone connected with FF10 for any claim, damages, costs or cause of action which member has or may have in the future as a result of injuries or damages sustained or incurred while on and/or upon the premises of FITZONE.

11. The following is not permitted at FITZONE: Abuse of equipment. Loud, abusive, or obscene language. Excessive yelling, screaming or grunting. Barbells/dumbbells on upholstered benches. Chalk, unless otherwise specified by FITZONE management. Sparing, boxing, punching, kicking, and/or other type of related activities. The activities in question will be completely at the discretion of FITZONE management.

12. Intentional misuse of panic alarms may result in termination of your membership and member will be held responsible for any/all emergency service fees.

13. Member must replace/re-rack all weights/equipment after usage.

14. FITZONE reserves the right to cut off any lock left on a locker, once the member/guest has left the premises, and dispose of all items left inside.

15. Harassment of any kind or abusive language towards another member or FITZONE staff will not be tolerated and could result in termination of your membership.

16. Any/all changes to this agreement, but be done in writing by an authorized FITZONE employee. Verbal changes are not permitted.

 

TANNING LIABILITY RELEASE:

DANGER: ULTRAVIOLET RADIATION: Tanning more than once in a 24 hour period is strictly forbidden by FITZONE. PRECAUTIONS: A) A person who uses a tanning device in this tanning facility must use eye protection. B) If eye protection is not worn, use of tanning device may cause damage to the eyes. C) Overexposure to the ultraviolet radiation produced by a tanning device may cause burns. D) Repeated exposure to the ultraviolet radiation may cause premature aging of the skin, and skin cancer. E) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by certain foods, cosmetics, or medica- tion, including the following: Tranquilizers, Diuretics, Antibiotics, High blood pressure medications, Birth control medications, and other photosensitizing agents. F) An individual who is taking a prescription drug or over-the-counter drug should consult a physician before using a tanning device. G) A person who is less than (18) years of age may not use a tanning device unless the parent or guardian has signed the written statement and Release of Liability. I agree that I will comply with all instructions of the use of the UV system and that I am using these devices at my own risk. I agree to hold harm¬less FITZONE and its employees and agents for any injury to persons or property in any way by the use of its premises and services. By signing this membership agreement I am acknowledging that I have been shown proper tanning procedures and that I am tanning at my own risk. I hereby confirm that I have read and understand the above liability release.

 

DEFAULT AND LATE PAYMENTS:

Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and 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 BE 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 billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and ser- vice fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.

 

CONTACT:

Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail ad- dress set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial. If you have agreed to purchase or use your membership at a facility that allows you access at any time you confirm that you are aware there will be no supervision or assistance. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will likely be no one to respond to your emergency and this facility has no duty to provide assistance to you. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner accompany you while at the club, but that is entirely up to you. Each member/guest is responsible for understanding how to operate the panic alarms at these facilities and agree to use them only in the case of an emergency. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the club, or on club premises, including adjacent sidewalks and parking areas. FITZONE urges all members and guests to obtain a physical examination from their physicians prior to the use of any exercise equipment. In recognition of the possible dangers connected with any physical activity, member(s) and guests hereby knowingly and voluntarily waive their right or cause of action of any kind whatsoever arising as the result of such activity from which any liability may accrue to FITZONE, it’s officers, owners, agents, employees, or instructors. I confirm that I have read the terms and conditions set forth herein on both sides of this agreement and accept this agreement as legal and binding contract. I am of legal age and capacity and are willfully entering into this agreement with FITZONE formally know as Fitness For $10.