1. Membership in the GYM entitles the MEMBER to full use of exercise equipment and facilities, unlimited attendance at and participation in GYM classes during business hours (refer to http://savageelitefitness.blogspot.com/p/locations.html for schedule). Any facilities, services or times of access that are not described in this agreement are optional services and are considered to be separate contracts.
2. Attendance at and participation in the GYM requires that an official GYM instructor, or a delegate instructor authorized by GYM staff, must be present at all times to supervise, teach, and/or monitor any and all exercises and/or boxing lessons, and must abide to the training protocol/program/instructional plan at all times. The GYM reserves the right to immediately cancel this agreement if MEMBER does not adhere to this requirement and the GYM shall not be held liable for any MEMBER’S injury resulting from not complying with this requirement.
3. The MEMBER shall be liable for any property damage (from negligence and/or (un)intentional acts) and/or personal injury at the GYM or any activity or function operated, arranged, or sponsored by the GYM. Any and all use of the GYM, its facilities, and participation in its activities either on or off GYM premises shall be at the MEMBER’S own risk and the GYM shall not be held liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injuries, or damages.
4. The Member is fully aware that are significant risks involved in all aspects of physical training, including boxing. These risks include, but are not limited to, incorrectly not abiding by training/boxing protocol, falls which can result in serious injury or death, injury or death due to negligence on the part of the MEMBER, a training partner, or other people around the MEMBER, injury or death due to improper use or failure of equipment, strains or sprains. The MEMBER willingly assumes full responsibility for these risks and accepts full responsibility for any injury or death that may result from participation in any athletic and/or boxing activity or class while at or under the direction of the GYM.
5. The MEMBER individually, and on behalf of the MEMBER’S personal representative, heirs, administrators, assigns and successors does hereby expressly forever release and discharge the GYM, as well as its officers, agents, and employees from all such claims, demands, actions or causes of action.
6. The GYM shall not be liable to the MEMBER or any third party claiming through the MEMBER for any loss, damage, or injury whatsoever suffered by the MEMBER or such third party as a result of the use by the MEMBER of the GYM.
7. Each MEMBER should be aware of his/her medical history and physical (dis)abilities and should consult with a physician prior to engaging in exercise or continuing exercise if a medical condition appears or appears to be developing. The MEMBER warrants that the MEMBER is in sufficiently fit mental and physical condition to be able to make use of the GYM. The MEMBER acknowledges that he/she does not have any physical impairments, injuries, or illnesses that will endanger others.
8. Membership in the GYM vests in the MEMBER and may not be transferred, substituted, or assigned to any third party whatsoever except as listed herein and such membership shall for the duration of this agreement entitle the MEMBER to the use of the GYM.
9. The GYM is entitled to relocate the GYM and change equipment and classes without notice at its sole and absolute discretion and the member shall have no claim or any nature whatsoever or however arising against the GYM as a result thereof.
10. The GYM shall be entitled in its sole and absolute discretion to stipulate and alter the hours of the GYM from time to time without notice to the MEMBER.
11. Only installment options through electronic funds transfer are available on this contract (the MEMBER agrees to pay a certain amount each month/hourly session for a specific number of months/session). The MEMBER gives authorization to charge the MEMBER’S credit/bank card for the required dues so long as this agreement is in full effect. As a MEMBER you must continue making payments even if you stop going to the GYM. You will only be legally excused from paying if you become disabled or move, or if the club closes.
12. At the end of the term of this contractual agreement the MEMBER’S agreement will automatically be converted into a month-to-month contract. If, after the end of the MEMBER’S contractual term, the MEMBER does not want to be registered for a month-to-month contract, he/she must notify the GYM in writing of his/her cancellation 30 days prior to the end of the MEMBER’S contract term or be assessed a $30.00 service fee (see sections 16–21 under “Cancellation Policy”).
13. Depending on the membership, the GYM offers a discount if you pay in advance for a long-term membership of up to two years. You will lose your investment under this type of agreement if the GYM closes or if the MEMBER stops using it.
14. In the event that your dues are not paid in the full to the GYM on the monthly day listed at the end of this agreement, all balances which are 30 days past due are subject to a $30.00 monthly service fee. In addition, the GYM reserves the right to:
a. Collect the current and past due balance.
b. Suspend and/or terminate membership privileges.
c. Recover from the MEMBER any collections fees, court costs, and reasonably and legally eligible attorney fees.
d. Collect a service fee of $30.00 for any draft payable to the GYM which is not honored.
15. Dues will be deducted electronically from your account on either the 1st or 15th of every month. If the MEMBER signs this agreement between the 23rd and 8th of the month, the MEMBER’S dues will be deducted on the 1st of each month. If the MEMBER signs this agreement between the 9th and 22nd of the month, the MEMBER’S dues will be deducted on the 15th of every month.
16. In order to cancel the contract, you must mail or deliver a signed and dated notice, or send a telegram, which informs the GYM that you have decided to cancel the contract or words to that effect. The notice must be mailed to or delivered at the GYM (located at 3976 W. Yosemite Avenue, Lathrop, CA 95330 USA).
17. Upon cancellation, payments (if any) will be refunded within 10 days after the GYM receives notice of the cancellation, except that you must pay for any services that you received prior to cancellation. There is additional time to cancel depending on how much money you will ultimately have to pay the GYM under the contract. If the total value of the contract is between $1,500 and $2,000, you have 20 days to cancel the contract. If the total amount of money due is between $2,001 and $2,500, you have 30 days to cancel. And if the total amount is equal to or greater than $2,501 you have 45 days to cancel the contract.
18. If you become disabled or die, you or your estate have the right to cancel, and also you may cancel if it is verified that you move more than 25 miles from the facility. You may cancel on either of these grounds at any time.
19. In order to cancel on the basis of disability, the disability must be of a kind that somehow affects your capacity to use or enjoy the GYM’S facilities. A physician must verify the condition. In the event of your death, your representative may cancel the contract. Upon cancellation for either reason, no further payments are required, and a prorated portion of any amount prepaid will be refunded to you or your representative. You or your representative must request the refund.
20. You also may cancel the contract if you move more than 25 miles from the GYM. In this event, no further payments are required. However, the GYM includes in this agreement a provision that allows the GYM charge a cancellation fee of $100 (or $50 if more than half the contract life has expired).
21. You, the buyer, may cancel this agreement at any time prior to the midnight of the fifth business day of the GYM 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 buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to Savage Elite Fitness, 3976 W. Yosemite Avenue, Lathrop, CA 95330 USA.
PHOTOGRAPH AND VIDEO RELEASE
22. The MEMBER grants his/her permission for the GYM to photograph and/or videotape the MEMBER during training, including boxing activity, if applicable. The MEMBER consents to the use of these photographs and/or videos without compensation on the GYM’S website, social media, or in any editorial, promotional, or advertising material produced, distributed, and/or published by the GYM.
23. Your signature below indicates that you, the MEMBER, is signing this agreement voluntarily and acknowledge that you, the MEMBER, have not been made promises or guarantees outside of this agreement. You also agree to all of the provisions, agreements, and contractual obligations mentioned herein, which are in accordance with the State of California Department of Consumer Affairs Health Studios Contract Law. I certify that I have read, understood, and received a copy of this agreement.
PARENT/LEGAL GUARDIAN: I am the parent and/or legal guardian of the minor child stated on this agreement and as parent and/or legal guardian on behalf of my child, in addition to the terms in this contractual agreement, I agree to release the GYM of liability and assumption of risk in this agreement and I agree to indemnify the GYM for loss or damage that occurs in the future that pertains to my child. I give my full permission for the GYM staff and/or its agents to administer first aid deemed necessary and in case of serious illness or injury, I give my permission to call for medical and/or surgical care for the minor and to transport the minor to a medical facility deemed necessary for the well being of the child. I also promise to pay any financial obligations that my minor child does not pay for any reason.
I, the MEMBER, authorize the GYM to charge my bank/credit card the aforementioned and agreed-upon fees on the corresponding date listed above for the duration of the MEMBER’S contractual term.