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|MEMBERSHIP TERMS AND CLUB RULES: The undersigned (`Member`�) hereby purchases a fitness membership from BEING-FIT FITNESS CENTER (“BF”) in accordance with all the terms, conditions and obligations set forth herein. This membership permits member to use BEING-FIT FITNESS CENTER facilities during the membership term subject to such rules, regulations and conditions of use as may be posted at the club from time to time and shall be subject to change without notice.
In consideration of my membership at BEING-FIT FITNESS CENTER, I elect the following membership:
I understand that I will make a minimum of__0___ monthly payments starting on the __28th___. At the end of __0___ months, I can cancel with a 30 day notice.
I understand that all changes affecting this account, including cancellation, must be done in writing 30 DAYS in advance to the due date which is always the 28th of each month. Cancellations through the mail must be addressed and noted above and postmarked no later than 30 days before the due date. We are not responsible for lost or misdirected mail cancellations. For example, if you wish to cancel the 5/28 debit, I must cancel no later than the next to last day of April. When there are a minimum number of months and the minimum has past the debit will continue until cancelled with a 30 day notice.
WE NEVER ACCEPT VERBAL CHANGES OR CHANGES VIA EMAIL.
1) This Agreement is nontransferable under any condition and is nonrefundable except as stated in the refund and transfer policy below. Failure to use the facilities shall not entitle member to a refund or relieve member of the obligation of paying any remaining balance due at the time and in the amount agreed.
2) Neither this agreement nor any other document confers any vested right of any kind, or any property rights on member.
3) Dues or payments are due on or before date indicated. There will be a $10.00 charge imposed on all late payments, returned checks and interruption in auto debit. If payment is not made within 30 days of due date, or if the automatic transfer is interrupted or discontinued for any reason, member automatically forfeits the Initiation Fee and relinquishes any and all rights hereunder and the right to use facilities. When there is a minimum of 12 monthly payments on a dues membership you may cancel with a 30 day notice and the payment of $50.00. When there is a minimum of 24 payments on a dues membership you may cancel with a 30 day notice and the payment of $100.00. If the monthly dues are interrupted for two months, the entire amount is due. Past due amounts may be charged to credit cards. If BF prevails in court, Member will be responsible to pay attorney fees awarded by court. Member will be responsible for any collection and attorney fees.
4) Member presents that he (she) in in good physical condition and has no impairment or disability preventing him (her) from engaging in the physical conditioning offered by BEING-FIT FITNESS CENTER. Member recognizes neither BEING-FIT FITNESS CENTER, nor its management and employees, are licensed medical practitioners and acknowledges that none of them have authority to make claims as to medical results or suggestions as to medical treatment. Activities offered by BEING-FIT FITNESS CENTER are all physical and include the risk of injury to oneself, from another participant, or in the use of facilities and apparatus. Member understands and accepts these risks and agrees that neither BEING-FIT FITNESS CENTER nor any agent, employee, or person associated with BEING-FIT FITNESS CENTER will be liable for any personal injury or property loss or damage to purchaser.
5) This document contains the entire agreement between Member and BF, Member acknowledges that no representations, other than as contained in this Agreement have been made to or relied on by him (her) in entering into this agreement; Member acknowledges receipt of a copy of this Agreement and access to the BEING-FIT FITNESS CENTER rules.
6) Silver (1 year) Memberships may be put on hold (Freeze) for multiples of one month with $10.00 charge (maximum 4 months). Shorter term memberships may not be frozen for any reason. All freezes must be in writing and must be for a specific period of time. There is a maximum of 2 freezes per agreement. You may put a dues membership on hold by surrendering your card and paying a $10.00 freeze fee. A dues membership may be frozen for maximum of four (4) months and a 30 day advance notice.
7) There is a replacement fee for lost or destroyed card. Being-Fit Fitness Center is not responsible for cards left at the facility.
8) Being-Fit Fitness Centers reserves the right to increase the rates of fees with prior written notice.
9) Non-Use of Facilities: Even if our facilities and services are not used, you are still responsible for payment under this contract.
10) We can revoke your membership privileges if rules and regulations are not followed, and we expressly reserve the right to change these rules, regulations and hours of operation. In addition, we expressly reserve the right to add to, eliminate, alter, or offer at additional cost any program, equipment, activity, class, service, feature or fixture when deemed necessary or desirable, if in our sole judgment it is in the best interest of our members.
11) I hereby acknowledge and agree that photos and videos taken of me while participating in activities @ Being-Fit Fitness Center could be used for advertising purposes.
REFUND POLICY ON TERMINATION OR DISABILITY:
If Member has a contract for a specific term and the Member dies or becomes disabled during that term, the Member and the Member`s estate will be relieved from the obligation of making payment for services other than those services received prior to death or the onset of the disability (Disability Date�). If member has prepaid, any sum allocable to services to be provided after the Disability Date will be refunded to Member or Member`s representative. Disability means a condition which precludes the Member from physically using the facilities provided the condition is verified by a physician.
If a Member moves to a location with is more than 25 miles from BEING-FIT FITNESS CENTER location, the Member will be relieved from the obligation of making payments for services other than those services received prior to the move. If member has a contract for a specified term and less than one-half of that term has expired at the time of moving, Member will be charged an administrative fee of up to one hundred dollars ($100.00); if more than one-half of that term has expired at the time of moving, Member will be charged an administrative fee of up to fifty dollars ($50.00). The administrative fee will be the maximums specified above unless the prorated refund for the unexpired term of the contract is less than the maximum specified in which instance the administrative fee will be equal to the amount otherwise payable at the prorated refund. Proof of relocation must be provided before determining eligibility for application of this section. “Refunds under subtitles ‘Refund Policy’ and ‘Transfer Policy’ are applicable only to prepayment, if any, of annual memberships. There is no refund of initiation fees.
NOTICE TO BUYER:
(1) Do not sign this agreement before you read it or if it contains any blank space. (2) You are entitled to a completely filled-in copy of this Agreement. Member acknowledges that: (1) Member has received a current copy of BEING-FIT FITNESS CENTER rules and regulations (2) Member has read all the conditions and terms set forth herein and accepts this contract as a legal and binding agreement, (3) Member is of legal age and capacity of willfully entering into this agreement, (4) failure to follow rules may result in cancellation of membership without refund.
It is the policy of BEING-FIT FITNESS CENTER that you the Member may cancel this Agreement at any time prior to midnight of the fifth business day after the date of this Agreement, excluding Sundays and Holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the Member, are cancelling this Agreement, or words of similar effect. Such notice shall be sent to BEING-FIT FITNESS CENTER, 8292 Mira Mesa Blvd., San Diego, CA 92126.