GENERAL: Fitness Evolution may allow Member to use other Fitness Evolution facilities at its sole discretion. Fitness Evolution reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by Fitness Evolution and may be changed at any time in its sole discretion. Fitness Evolution expressly reserves the right to add, eliminate or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion.
RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of Fitness Evolution equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. Fitness Evolution reserves the right to modify, amend or supplement the Rules and Regulations from time-to-time in its sole discretion. Fitness Evolution may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Fitness Evolution in it’s sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation.
LIABILITY FOR PERSONAL PROPERTY: Fitness Evolution shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Fitness Evolution premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Fitness Evolution for any damage to Fitness Evolution facilities or any equipment, furniture or fixture located thereon caused by Member or any Member’s guests or invitees.
PAYMENT DEFAULT: If Member fails to pay any amount when due under this Agreement, Fitness Evolution shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Fitness Evolution that are not received when due shall bear interest at the highest rate pemitted by law. If Member fails to pay any amount due to Fitness Evolution when due, Member shall pay all costs and expenses of collection incurred by Fitness Evolution, including reasonable attorney’s fees and expenses.
BUYERS RIGHT TO CANCEL: Member may cancel this agreement at any time after the initial term by sending a 30-day written notice prior to the monthly dues date by certified mail to the Fitness Evolution address on the other side of this contract. Member’s account must be current and in good standing before Fitness Evolution will process any such request.
LATE CHARGE: You will be charged $10.00 for any payment not made by the first of the month, or any EFT payment which cannot be processed.
AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make changes to this agreement or make any independent agreement with any Member. Member likewise cannot make any alterations or changes to this Memberhship Agreement.
HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Fitness Evolution that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his/her intended use of Fitness Evolution facilties. Member acknowledges that Fitness Evolution has not given Member any medical advice before Member joined Fitness Evolution and cannot give Member any such advice after Member joins Fitness Evolution, whether related to Member’s physical condition and ability to use the facilities and services of Fitness Evollution or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional before using Fitness Evolution facilities.
WAIVER OF LIABILITY; ASSUMPTION OF RISK: Member acknowledges that the use of Fitness Evolution facilties, equipment, services and programs involves an inherent risk of personal injury to Member and Member’s guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member’s spouse, children, unborn children, other family members, guests or invitees and waive any and all claims or actions that Member may have against Fitness Evolution, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury, including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, running tracts, swimming pools, hot tubs, courts or other areas of Fitness Evolution, (iii) injuries or medical disorders resulting from exercising atany Fitness Evolution, including heart attacks, strokes,heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Fitness Evolution facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. Member acknowledges that (v) Fitness Evolution does not manufacture any of the fitness or other equipment at its facilities and (vi) Fitness Evolution does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Fitness Evolution, any of its subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify each of Fitness Evolution, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified party as and when incurred for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtues of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member’s membership.
MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of MN without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Fitness Evolution. Consent may be withheld in Fitness Evolution’s absolute discretion, (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to Fitness Evolution hereunder shall be given by personal delivery to the General Manager of Fitness Evolution or by certified mail, return receipt requested, addressed to Fitness Evolution at the address set forth at the beginning of this Agreement, to the attention of the General Manager.
NOTICE OF CONSUMER RIGHTS: Our business registration number with the State’s Consumer Protection Division is . We have posted a Bond with the Consumer Protection Division in the amount of $200,000.00. If the facility is closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund. If the closing is not the fault of the business, we are entitled to choose. You have the right to cancel this contract within 3 business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the contract. This Notice is an integral part of this Agreement.
NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.