CANCELLATION PROCEDURES: Member may cancel this agreement at any time, after the initial term by; Sending a written letter by certified mail to your Fitness Evolution home club OR by completing the cancellation form in person at the front desk of the member’s home club. Member’s account must be current and in good standing to cancel. If your membership has an initial term and you wish to cancel early for a reason not provided for under the Buyers Right to Cancel, a $59 buyout fee is required with your cancellation. Each membership is individual including the Kid’s Club. There needs to be a cancellation with signature for each membership (in the letter or in person). The cancellation will take effect 31 days after we receive proper notice. Member will pay one more month’s dues and if your Annual Fee date falls within those 31 days, you will also incur that fee. Member may continue to use the club for those 31 days. Cancellations are not accepted via email, phone, or through the website.
LIMIT OF LIABILITY: 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. Unless controlling legal authority requires otherwise, any award by an arbiter or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.
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 permitted 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.
FEES, DUES, CHARGES, & TAXES: Credit Card fee $3.50/mo; Annual Rate Guarantee Fee $39; Late Fee $10.00 for each month, for any payment or any EFT payment not made, which cannot be processed, by the first of the month. Buyout Fee $59. See above. Member is responsible for notifying their bank of any error that appears on their bank or credit card statement. If member claims their monthly dues were not stopped when they told Fitness Evolution, member must have written proof or Fitness Evolution will not reimburse member. See Cancellation Procedures for accepted methods of cancellation. Fitness Evolution has the right to add to member’s dues for any tax imposed by the government.
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.
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 facilities. 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 Evolution 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 facilities, 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 at any 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 Commonwealth of Virginia 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.
BUYER’S RIGHT TO CANCEL: “If you wish to cancel this contract, you may cancel by making or delivering written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: 2180 Town Center Plaza Ste 251, Sterling, VA 20164. If canceled within three business days, you will be entitled to a refund of all monies paid. You may also cancel this contract if this club goes out of business or relocates and fails to provide comparable alternate facilities within five driving miles of the location designated in this contract. You may also cancel if you become physically unable to use a substantial portion of the health club services for 30 or more consecutive days, and your estate may cancel in the event of your death. You must prove you are unable to use a substantial portion of the health club services by a doctor’s, physician’s assistant or nurse practitioner’s certificate, and the health club may also require that you submit to a physical examination, within 30 days of the notice of cancellation, by a doctor, physician’s assistant or nurse practitioner agreeable to you and the health club (cost to be borne by the health club). If you cancel after the three business days, the health club may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities you have already received. Any refund due to you shall be paid within 30 days of the effective date of cancellation.”
COMPLAINT RESOLUTION: the buyer should attempt to resolve any complaint the buyer has with the health club. The Virginia Department of Agriculture and Consumer Services regulates health clubs in the Commonwealth pursuant to the provisions of the Virginia Health Club Act.
NOTICE: ANY HOLDER OF THIS CONTRACT OR NOTE IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVER HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
THIS CLUB IS NOT PERMITTED, PURSUANT TO THE VIRGINIA HEALTH CLUB ACT, TO ACCEPT ANY INITIATION FEE IN EXCESS OF $125 OR ANY PAYMENT FOR MORE THAN THE PRORATED MONTHLY FEE FOR THE MONTH WHEN THE CONTRACT IS INITIALLY EXECUTED PLUS ONE FULL MONTH IN ADVANCE.