TERMS AND CONDITIONS OF MEMBERSHIP
Maximum Fitness Center, LLC (MFC) and you acknowledge that by signing this Agreement, you purchased a membership and agree to all the terms in this Agreement, to follow Membership Polices, any posted Club Rules, and the Personal Trainer Agreement (if applicable). The terms "You" and "MFC" includes heirs, next of kin, estates, agents, representatives, officers, directors, assigns, shareholders, successors, affiliates, subsidiaries, employees, and agents, and this Agreement shall be binding on all each.
(a). Nature of Membership: Your membership permits you to use MFC's premises, facilities, equipment and services (collectively called "Facilities") in strict conformity with the terms and conditions of this agreement and, if applicable, your Personal Trainer Agreement. Your membership is non-transferable and does not give you any rights in MFC, its management, properly or operation. MFC can sell memberships at different rates and terms than yours.
(b). Special Promotions: Special promotional privileges, usage, hours, or Facilities is valid only at the location of enrollment unless otherwise noted.
(c). Monthly & Prepaid Memberships: See the "Membership" section on the front page regarding when your Monthly of Prepaid Membership begins and ends.
(d). Effective Date: Membership and the availability of the club facility will begin no later than one-hundred eighty (180) days from the signing of this agreement if not sooner.
2. FINANCIAL POLICY
(a). Dues & Fees: You agree to pay the dues and fees ("Dues") on the front page. If you are under 18, MFC requires an adult to guarantee payment. MFC immediately earns the enrollment fees when you buy your membership. These fees and any prepaid monthly Dues are not refundable except as stated in the "Cancellation" section. Whether or not you use the Facilities, you still must pay your monthly Dues.
(b). Charges & Use Tax: If you or your guests incur any MFC charges for goods or services that include, without limitation, tanning, baby-sitting, personal training, or similar services, you agree to pay for them according to MFC's rates and practices then in effect. Also, MFC has the right to add to your Dues any tax that the government may impose for the use of MFC.
(c). Automatic Monthly Deductions & Timely Payments: You have full control over the automatic monthly deduction (EFT) and can stop it at any time by notifying MFC in writing. You agree to pay a $5.00 late fee for any payment not paid by the due date and a $25.00 fee for a check, credit card draft, or electronic draft returned as a result of insufficient funds, account closed or similar circumstances.
(d). Disputed Charges: Disputed charges must be made within 120 days of the date of the transaction. MFC holds no responsibility for charges made to a member's account via EFT or otherwise that are not disputed in a timely manner.
3. AVAILABILITY OF FACILITIES
(a). Temporarily Unavailable: If a majority of the Facilities are unavailable for more than fourteen (14) consecutive days for any reason, except acts of nature beyond our reasonable control, MFC will extend your membership, without Dues, for the same period the Facilities were unavailable.
(b). Permanent Closure or Move: MFC may permanently close or move its club without any effect on the Agreement if it transfers your membership to a comparable club operated or owned by MFC within 25 miles of your residence. If the Facilities were unavailable before transfer, MFC will extend you membership, without Dues, for the same period the Facilities were unavailable.
(a). Physical Conditions & No Medical Advice: You represent to MFC that you are in good physical condition and have no medical reason, impairment, or disability that might prevent you from using any MFC's Facilities, except as disclosed to MFC in writing. You acknowledge that MFC did not give you medical advice before you joined and cannot give you any medical advice after you join. If you have any health or medical concerns now or after you join, discuss them with your doctor or a licensed medical professional.
(b). Limited Use: If you know or should know you have any problem that might prevent you from using any of MFC's Facilities and you sign this Agreement, you agree that your membership is limited accordingly but that Dues will not be reduced or prorated under any circumstances except as stated in the Cancellation section.
(c). Liability for Property: MFC is not liable to you or your guest for your personal property, including an automobile or its contents that are damaged, lost, or stolen while on or around MFC's Facilities. You are liable and solely responsible for your personal property at all times and assume all risk related to your personal property and belongings.
(d). Entire Agreement & Enforcement: You acknowledge that neither MFC, nor anyone else, made any representations nor promises upon which you relied that are not stated in this Agreement. This document contains the entire agreement between you and MFC and replaces any oral or other written agreement. If a court declares any part of this Agreement invalid, it will not invalidate the remaining parts, which shall continue unaffected.
(e). Non-Waiver Of Rights: If MFC does not enforce any right in this Agreement for any reason, MFC does not waive its right to enforce it later. Waivers must be in writing.
(f). Mental Impairment: You represent that you have no mental impairment or learning disability that impairs your ability to understanding this agreement.
5. CANCELLATION / TERMINATION / REFUND
(a). Your 3-Day Cancellation Right: You can cancel your membership within 3 days after signing this Agreement by sending the 3-Day notice, via certified mail or in writing in person. If you do, MFC will refund all prepaid money within 30 days of when MFC receives the notice.
(b): Basic Cancellation Rights &. Refunds: You may cancel your membership and receive a refund of any unused prepaid monthly Dues If you qualify as follows:
(1). Disabled or You Die: If by reason of death or disability, You are unable to receive benefits from MFCs services, the contract shall be proportionally divided by all of the days in which the Facility was made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and MFC, within thirty days after receiving notice of the death or disability, shall return to you or your representative the amount paid in excess of the proportional amount. Your disability must physically prevent you from using MFC's Facilities and a licensed physician must verify this fact in writing. In case of death, your estate must provide written evidence. In either case, MFC will refund any unused prepaid monthly Dues.
(2). Closure by MFC: If MFC relocates the facility twenty-five miles or more from your residence or closes the facility and a substantially similar facility that would accept MFC's obligation is not within twenty-five miles of your residence, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering, and you shall be liable for payments for only that portion of the contract that can be attributed to the period prior to MFC's actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and MFC shall return the amount paid in excess of the proportional amount.
(3). Relocation by You: If you relocate from your current residence twenty-five miles or more from any Facility owned or operated by MFC or a substantially similar facility that would accept MFC's obligation under the contract and if you give MFC written notice that you intend to relocate and request that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering, and you shall be liable for payments for only that portion of the contract that can be attributed to the period prior to you actual relocation, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, provided, that MFC may require and verify reasonable evidence of relocation, and MFC shall return your amount paid in excess of the proportional amount.
(4). Notice & Effective Date: To cancel under subsections (1) thru (3), you (or your estate) must send written notice and sufficient proof of the event entitling you to cancel.
(c). Termination of Monthly Membership: If you have a monthly membership, you may terminate it at any time if you (1) send written notice to MFC and (2) you return your membership ID card when your membership ends. Your monthly membership ends the last day of the month following the month MFC receives written notice. Note that it may takes up to 60 days to process your (EFT) Dues cancellation. Following the last billing cycle, MFC will apply your last month's prepaid dues. There will not be any refund of membership dues.
(d). Termination of Prepaid Membership: If you have a Prepaid membership, you may not terminate it during the Prepaid Period (or get a refund), except for the permitted reasons stated in sections 5(a) and 5(b).
(e). Termination for Cause by Maximum Fitness Center: MFC may, at its option, terminate your membership if (1) any payments are late, (2) the monthly EFT payments are interrupted or discontinues for any reason without you or your cosigner do not provide an acceptable alternative, (3) you fail to follow any of MFC's Policies or Club Rules or violate any part of this Agreement, or (4) your conduct is improper or harmful to the best interest of MFC or its members. Termination for cause by MFC shall be effective on the date MFC mails a written notice to your last known address. You are liable for all financial obligations until that date. If you prepaid your Dues, MFC will not refund any unused portion, and you must return your membership ID card.
(f). Termination without Cause by Maximum Fitness Center: MFC reserves the right to terminate your membership for any reason not stated above and not prohibited by law. If MFC does terminate your membership without cause, it will mail a termination notice to you and refund any unused prepaid monthly Dues.
6. RESOLUTION OF DISPUTES.
Any action or proceeding permitted by the terms of this Agreement to be filed in a court, which action or proceeding is brought to enforce, challenge or construe the terms or making of this agreement, and any claims arising out of or related to this agreement or any event occurring at MFCs Facility, shall be brought and litigated exclusively in Licking County, Ohio. For purpose of any such action or proceeding, each party hereby irrevocably submits to the exclusive jurisdiction of courts having subject matter jurisdiction and located in Licking County, Ohio. Each party hereby irrevocably waives any objection or defense which it may now or hereafter have of improper venue, forum non conveniens or lack of personal jurisdiction.
ASSUMPTION OF RISK WAIVER
You acknowledge that use the facilities and equipment at MFC involves risks of accidents, illness, and serious injury, whether caused by you or someone else. You fully understand these risks and voluntarily agree to assume them. You further represent to MFC that you are medically able, in proper physical condition, and capable of safely participating in physical exercise and training with or without the aid of fitness equipment (exercise) or, if you are not, that you immediately inform MFC of your medical condition and physical limitations in writing. You also agree to defend, release, indemnify and hold harmless MFC and its owners, agents, staff and employees from any and all claims, liabilities, damages, costs, expenses (including attorney fees and medical expenses) and losses that may directly or indirectly result from (1) your conduct and exercise, (2) your participation in exercise programs or classes or (3) the conduct of any other non-staff person of MFC who cause you or your property injury, damage or harm before, during, or following a session. I understand and agree that these terms are binding on me and my heirs, next of kin, successors, personal and legal representatives. By signing below, you agree to the terms this agreement and acknowledge you received a completed copy of it. This Agreement is not effective until you and an authorized MFC representative sign and date it.