Midway Fitness Policies
RIGHT OF CANCELLATION:
This agreement may be cancelled at any time with a 30 day notice either in writing or documented by a Midway Motion & Fitness employee, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.
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You may also cancel this contract if the Gym moves or goes out of business and fails to provide equal facilities within 15 miles of the location designated in this contract. If you cancel, the Gym may retain or collect a portion of the contract price equal to the proportionate value of the service of use of facilities you have already received.
MEMBERSHIP RULES:
Membership is not-transferrable and this agreement is subject to all conditions appearing herein. Members must follow any and all rules and regulations established by the club, and any changes or amendments thereto.
Damage or Maintenance to Club: Should the club be unavailable for members due to damage by fire, flood, accident, catastrophe, or act of God, the membership contracts shall be frozen, not to exceed (6) months, until such time as the facilities can be reopened. Facilities may be closed periodically for maintenance.
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TERMS AND CONDITIONS
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1. MEMBER, by executing this Agreement, does herby join the CLUB and such membership entitles MEMBER to us ethe 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 any including, but not limited to, the use of towels, lockers, courts, childcare, tanning beds, martial arts classes, individualized personal training, and some specialized group fitness activities.
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2. MEMBER must present upon entering the club his/her/their membership card. MEMBERS agree that MEMBER may be denied access to the club without his/her/their membership card.
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3. MEMBERS agrees that at all times MEMBER is using the facilities of the club, that MEMBERS will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER's responsibility to seek out and familiarize himself/herself/themselves with the rules and regulations, as they exist for the use of the facility.
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4. If a 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 prepayment 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 of the rules and regulations governing the facility, the MEMBER's membership may be terminated by the club.
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5. MEMBER agrees and understands that there are certain risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein concluding the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees, and representatives from any and all damages, injuries, or death resulting from the MEMBER's use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she/they is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER has either the permission and approval of his/her/their physician to participate in athletic activities, programs, and exercise classes and use of equipment or if he/she/they does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result in such activities.
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6. MEMBER agrees that he/she/they shall not engage in any type of commercial or business activities while using the facilities. MEMBER shall not act as a trainer for any other member MEMBERS or guests and any acts which constitute such business activity is strictly forbidden. If MEMBER engages in commercial or business activities, MEMBER's membership shall be subject to immediate cancellation.
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7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including the sauna and shower area and the use of a workout towel.
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8. MEMBER agrees that Member shall not use loud or profane language upon the club premise nor shall MEMBER molest, badger, assault or harass other CLUB members, guests or employees. If MEMBER engages in in such behavior, MEMBER's membership shall be subject to immediate cancellation.
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9. 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 maturing 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 illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed on club premises.
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10. 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.
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11. In the event a dispute arises between MEMBER and the club which relates to this Membership agreement, the events, negotiations, representations and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER's use of the club facilities, exercise equipment, or participation in exercises classes or other programs including any injuries to the MEMBER, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
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12. Should this Agreement be placed in the hands of an attorney for the violation of any provisions contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting from, including a reasonable amount as attorney's fees.
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13. The parties hereby agree that the whole agreement between the parties relating ot 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.
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14. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
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CONTACT: Member affirms, acknowledges, and attests that Member's mailing address, telephone number, cellular telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by the Member voluntarily. Subject to applicable law, Member agrees that Midway Motion & Fitness and Club Automation, Inc., including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number, or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Midway Motion & Fitness and Club Automation, Inc..
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ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of the is Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in a city of your club location and the state of your club location law shall apply. IN the event of a claim arising out of or relating in any way to the Membership agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently Club Automation, Inc.
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MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSILIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITATION ANY DISPUTE A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
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E-SIGN CONSENT: Certain laws and regulations may require Midway Motion & Fitness and/or Club Automation, Inc. to provide Member with written notices and disclosures on paper. With Member's consent, this information maybe provided to Member electronically. Member's consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively the "Documents") that Midway Motion & Fitness and/or Club Automation, Inc may provide member. Member's consent to receive the Documents electronically shall continue until expressly withdrawn by the Member. Notwithstanding, Member may request a paper copy of all electronic documents by contacting Midway Motion & Fitness and/or Club Automation, Inc., and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Midway Motion & Fitness and/or Club Automation, Inc. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member's receipt of the Documents. Member agrees to maintain a valid e-mail address with Midway Motion & Fitness and/or Club Automation, Inc. and to promptly notify Midway Motion & Fitness and/or Club Automation, Inc. of any changes to Member's e-mail address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Midway Motion & Fitness and/or Club Automation, Inc. to access, view, and receive the Documents electronically, Member agrees and acknowledges that they must have (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member's electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic if Member desires to print any electronic documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member's electronic mobile device, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Midway Motion & Fitness or Club Automation, Inc. will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Midway Motion & Fitness and/or Club Automation, Inc.
MEMBERSHIP TYPES
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MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time with a 30 day notice either in writing or documented by a Midway Motion & Fitness employee, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.
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PAID IN FULL or NON-RENEWAL: This is a non-transferrable membership that expires on the date listed on the agreement.
DEFAULT AND LATE PAYMENTS
Should you default on any payment obligations 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 the 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 payments due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the member is paying monthly dues by electronic funds transfer (EFT), the club's billing company, Club Automation, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to applicable State and Federal law.
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Liability Waiver: The club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, training and/or instruction, including the use of weights and use of any and all machinery, equipment and apparatus designed for exercise shall be at the member's sole risk. Member understands that the agreement to use, or selection of exercise programs, methods, and types of equipment shall be member's entire responsibility, and the club shall not be liable for any claims, demands, injuries, damages, or actions arising due to injury to member's person of the services, facilities, and premises of the club. Member hereby holds the club, its officers, owners, agents, and employees harmless from all claims which may be brought against them by the member or on member's behalf for any such injuries or claims.