Muletown Rec LLC
Membership Application and Agreement
Please read this Membership Application and Agreement (“Agreement” or “Application and Agreement”) carefully as it sets out our expectations of you as a member of Muletown Rec LLC. As used within this Membership Application and Agreement, “you” means you the Member of Muletown Rec LLC; “MTR” or “we” or “us” means Muletown Rec LLC.
The undersigned Applicant hereby makes application to Muletown Rec LLC (“MTR”) for a Membership at MTR’s facility located at 1446 Oak Springs Dr, Columbia, TN 38401 subject to the terms and conditions of this Application & Agreement, Policies, and the Waiver of Liability. Hereafter, the Applicant and family members (related by biology, marriage, or under legal guardianship) may be referred to individually or collectively as Applicant or Participants, as the context dictates.
Should the Applicant be approved, Applicant agrees on behalf of all the Participants under this Membership to adhere to the standards of conduct and behavior required by MTR and as articulated in MTR’s Policies as such may change from time to time. Violations of these Policies may result in revocation of Membership with no refund. Should the Applicant be approved, the Applicant agrees to the terms and conditions of this Application & Agreement, Policies (as such may change from time to time with or without notice), and Waiver of Liability.
- Term. This Membership is for twelve (12) months beginning on the day you sign up and expiring on the first (1st) calendar anniversary of your sign-up date. Thereafter your Membership shall continue on a month to month basis subject to price adjustments as contemplated within this Agreement unless and/or until you provide thirty (30) days written notice of your intent not to renew.
- Membership Rights. Your Membership permits you to use the premises, facilities, equipment and services of MTR, and your dues are in exchange for such access, whether you use MTR’s facilities or not. Your Membership is subject to all current company policies, rules, terms, conditions and limitations including, but not limited to benefit rules and dress code and the other terms and conditions set forth within this Agreement. Your Membership grants you no rights in its management ownership, ownership, property or operation. You have no right to assign your Membership or this Agreement.
- Payment. You will be billed on a monthly basis, in advance, with each payment billed on the monthly anniversary of your sign-up date. In the event that your sign-up date occurs on a date of a month not included within all twelve months (i.e. the 31st of October) your payment shall be due the first of the following month for each month without a monthly anniversary of your sign up date. Payment may be made by ACH, credit card or debit card. If you pay by credit card you will be charged an additional $5.00 per month. MTR reserves the right to increase your Membership cost at any time following your first twelve (12) months as a Member of MTR by posting thirty (30) days prior written notice in the MTR facility and/or emailing you.
- Authorization. When providing us with method of payment you are authorizing us to charge any amounts you owed to us including, but not limited to any Membership related obligations, program payment, facility rentals, retail transactions, and or online purchases.
- Changes. If there are any changes to your bank account, credit card or debit card information, you agree to notify us and provide new payment information. Notwithstanding the foregoing, you authorize us to obtain a new expiration date (as and if applicable) from the bank and/or card issuer if we choose to do so and continue billing the same as in accordance with the terms of this Agreement (whether or not we have obtained a new expiration date).
- Chargebacks. In accordance with applicable law, if you revoke an authorized payment with your financial institution and payment is charged back, a $35 service fee will be applied for each chargeback instance.
- Collections. In accordance with the applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from payment methods you provide us and a $25 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectable. Our additional attempts may include, without limitation, hiring a collections agency or attorney. In the event we retain a collections agency and/or attorney to collect any balance owed to us by you, you agree to pay for our reasonable expenses incurred with collection efforts including without limitation, collection agency fees, court costs, and reasonable attorney’s fees.
- Due Date. Payment for any program that you or your family participate in such as swim lessons, swim team, camps, day care, facility rentals or any events outside of your normal Membership is due prior to the start of the program or you will not be allowed to participate. When participating in any of the programs you are still required to follow all policies and procedures provided by MTR.
- Failure to Pay. If you fail to pay amounts due to MTR, we may in our sole discretion terminate your Agreement or access to the MTR facility until you bring your account to good standing. As noted above, failure to pay MTR when due may result in MTR undertaking collection efforts.
- Cancellation. You may cancel your Membership at MTR for the below reasons:
- Three Days. You may cancel your Membership with MTR for any reason or no reason within three (3) business days of your sign-up date as permitted under Tennessee law. After the third business day following your sign up date, this three days cancellation option expires, terminates, and is of no further force or effect.
- Relocation. In the event that you relocate more than sixty (60) miles from MTR, you may cancel your Membership with MTR if your account is current by: (1) providing thirty (30) days written notice; (2) supplying supporting documentation such as a utility bill with your new address, military deployment orders, a new lease; and (3) paying to MTR an early termination fee of $25.00.
- Physical Disability or Illness; Death. In the event that you have a physical disability or illness that arises after your sign up date you may cancel your Membership with MTR if your account is current by: (1) providing thirty (30) days written notice; (2) supplying supporting information from your physician stating that you suffered a physical disability or illness that precludes your use of the MTR facility or (as applicable) your estate supplies a copy of your death certificate; and (3) paying to MTR an early termination fee of $25.00.
- Convenience. You may terminate your Membership at any time if your account is current by (1) providing written notice to us; and (2) paying a termination fee equal to the total amount of your remaining Membership fees.
NOTE THAT PAID IN FULL MEMBERSHIPS ARE NOT REFUNDABLE FOR ANY REASON OTHER THAN AS PERMITTED UNDER TENNESSEE LAW.
In the event you elect to exercise one of your cancellation rights, you must submit your request along with any required supporting documentation to:
Muletown Rec, LLC
ATTN: Manager
1446 Oak Springs Drive
Columbia, TN 38401
Please ensure to include your full name, daytime phone number and reason for cancellation in addition to any supporting documentation. We recommend sending your notice via certified mail.
- Policies and Code of Conduct. You acknowledge that MTR is a family friendly business and that accordingly as a Member of MTR, you agree to abide by the Member Code of Conduct as outlined within the MTR Policies which includes without limitation wearing family friendly attire. You further agree and understand that your use of the MTR facility is conditioned on your compliance with all applicable policies governing the same including without limitation the Pool Policy. You agree and acknowledge that your failure to abide by MTR’s Code of Conduct and/or applicable Policies may result in the termination of your Membership at MTR as determined by MTR in its sole discretion. MTR reserves the right to amend its policies and the Code of Conduct at any time and you agree to be bound by the same.
- Facility Rentals. A down payment of half the price of the rental is due to hold your spot on the calendar. The rest of full payment is due day of event. In order to receive refund on your down payment you must notify us of cancellation one week prior to the scheduled event. If less than one week notice of cancellation, you will not receive refund of your down payment but will not be subject to paying the remaining balance, as long as you notify us within 48 hours of the event.
- Background Checks. As part of this Application and periodically from time to time, MTR conducts sex offender screenings on all Members, Participants, and guests. If a sex offender match occurs, MTR reserves the right to cancel Membership, end program participation, and remove visitation access. In addition, MTR reserves the right to deny access or Membership to any person who has been accused or convicted of any crime involving sexual abuse, has ever been convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit-forming and/or dangerous drugs, or is presently or habitually under the influence of dangerous drugs or chemicals, narcotics, or intoxicating beverages.
- Abuse. If you become aware of or witness any abuse (whether sexual or otherwise) at the MTR facility you are required to report the same to MTR staff immediately.
- Personal Property; Damage to Property. It is your responsibility to watch and secure your property and MTR assumes no responsibility for any of your property brought to the MTR facility. We provide lockers at the MTR facility, you need to bring your own lock to secure them. Locks left overnight may be removed and the contents donated or trashed if not claimed within twenty four hours. MTR staff members cannot hold or watch your property for you. MTR is not liable to you for any personal property that is damaged, lost or stolen while on or around the MTR facility and premises including, but not limited to, a vehicle or its contents or any property that is left in a locker. If you or a guest of yours causes any damage to the facilities, you are liable for the cost of repair or replacement.
- Membership Freeze. In the event that you have an injury or health issue arise during the initial twelve (12) month term of this Agreement you may freeze this Membership contract one (1) time for up to (3) months by providing documentation satisfactory to MTR from a doctor with a medical diagnosis stating your inability to utilize the MTR facility and the amount of time needed for the recovery of your injury and/or health issue (the “Freeze Option”). Once the Freeze Option is used it cannot be used again. If you invoke the Freeze Option by complying with the terms set forth herein, during the length of the Freeze Option claimed (not to exceed three (3) months as referenced above) you will not have to pay your Membership fees during the months that the Freeze Option is in effect. The Freeze Option does extend the initial term of this Agreement, however, so for example, if you used the Freeze Option for a two (2) month period, the initial term of this Agreement would be fourteen (14) months (the initial twelve (12) month term + the two (2) month Freeze Option).
- Communications. You agree and hereby consent to MTR contacting you via telephone, email, text message or other means for the purposes of notifying you of issues related to your Membership, billing information or for automatic payment processing issues. By providing us with your contact information and signing this Agreement, you give your prior express written consent to receive Membership and billing-related communications from us or our authorized delegate to the extent permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
- Physical Condition. You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from using MTR’s facilities. You hereby represent and acknowledge that neither MTR nor any employee, officer, agent or representative of MTR gave you any medical advice, either before or after you joined MTR and that MTR will not give you any medical advice in the future. MTR does not give Members advice relating to their physical condition or ability to use the facilities. You agree and that you will consult a physician regarding health or medical concerns that exist now or at any time in the future. You agree to discuss any medical issue with a doctor before using the MTR facility.
- Changes to this Agreement. We may from time to time, make changes to this Agreement, other than to your monthly Membership fee if in the initial twelve (12) month term. Such revisions will be effective immediately, provided, however, such revisions shall, unless otherwise stated, be effective thirty (30) days after notice to Member. Your continued use of MTR’s facility and/or services shall constitute acceptance of these changes.
- Privacy Policy; Data. We may collect, use and disclose certain personal information of our Members, including you, in accordance with our Privacy Policy, which is available free of charge upon request. The Muletown Rec LLC Privacy Policy is available at the check in area. Please review the privacy policy before signing this Agreement as it contains important information relating to your personal information. Muletown Rec LLC may contact you from time to time by telephone, email, text message or other means with information and offers related to your Membership which may be of interest to you. If you do not wish to receive such messages, you can opt out at any time.
- Dispute Resolution. If you and we are unable to resolve a complaint or dispute to our collective satisfaction, you agree to resolve such dispute through binding arbitration through the American Arbitration Association. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this Agreement, you acknowledge and agree that you and Muletown Rec are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. An award by an arbitrator or court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages.
- Facilities and Services. We reserve the right at any time to remove, discontinue, repair or replace the equipment available to you without any effect on this Agreement. We also reserve the right to make changes to the type or quantity of equipment, programs or services offered to you and to alter the hours of operation at MTR’s sole discretion. You acknowledge and agree that the equipment, programs and services currently available at the facility are subject to change from time to time and are offered on a “first come, first served” basis.
- Entire Agreement. You acknowledge that neither MTR nor anyone else, made any representations or promises upon which you relied that are not stated in this Agreement. This document contains the entire agreement between you and MTR 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 continue unaffected. If MTR does not enforce any right in this Agreement for any reason, MTR does not waive its right to enforce it later. This Agreement and all physical or electronic copies hereof will be deemed to be valid and authentic, and you intend and agree that such copies will be given the same force and effect as the original document.
On behalf of all the Participants (defined as the Applicant and Applicant’s family members who are related by biology, marriage, or under legal guardianship) under this Membership, the Applicant specifically agrees as follows:
18. Image, Likeness, Voice. From time to time, MTR may produce promotional material, and in that process, videos (with or without voice) and photographs may be taken of all the Participants. Applicant hereby grants MTR unrestricted rights to video, photograph, and record the image, likeness, and voice of all the Participants under this Membership to be used by MTR in its promotional materials.
Applicant initial signifying agreement:
19. Liability Release. On behalf of all the Participants under this Membership, Applicant hereby grants permission allowing all the Participants to fully participate in all strenuous, athletic activities and other activities (both athletic and other activities hereafter “Activities”) provided or made available by MTR. Applicant represents and warrants that the Applicant and all Participants are in good health with no condition, illness, or abnormality which might subject him or her to undue personal risk from engaging in such Activities. On the behalf of all the Participants, Applicant hereby forever agrees to release and hold harmless MTR, on whose premises the Activities are provided (“Premises”), and MTR’s owner(s), managers, officers, employees, independent contractors, subcontractors, advisors, and agents (collectively “Personnel”) from any and all liability whether caused by the negligence of MTR or its Personnel or otherwise for any claim, judgment, loss, liability, damages, injury, illness, death, costs & expenses (including, without limitation, medical expenses, attorneys’ fees and costs) arising out of or pertaining to the Activities and/or the Premises while participating in the Activities and/or traveling to and from the Premises. Further, Applicant agrees forever to indemnify MTR and its Personnel for all losses, damages, mental or physical injuries, diseases, infections, other dangers, costs, and expenses incurred or suffered by MTR and its Personnel and to hold harmless MTR and MTR’s Personnel, their successors, assigns, executors, and administrators against loss from any and all claims, demands, or any other actions whether brought by any of the Participants or any other parties on account of injuries or damages of any nature to any of the Participants arising from or pertaining to the Activities and Premises.
Applicant initial signifying agreement:
20. Medical Release. On behalf of all the Participants under this Membership, Applicant acknowledges that attendance and participation in any Activity at MTR may subject the Participants to the possibility of mental or physical illness or injury, diseases, infections, and other dangers to various degrees (such as minimal consequences, serious ones, catastrophic illnesses or injuries, and/or death). Applicant acknowledges and agrees on behalf of all the Participants to accept the risk of such illnesses or injuries. In the event of such illness or injury, on behalf of all the Participants, Applicant hereby authorizes MTR to obtain any and all medical treatment for all of the Participants. Therefore, Applicant hereby forever releases and holds harmless MTR and its Personnel as they act or fail to act under this authorization. Further, Applicant acknowledges and expressly agrees that Applicant will be responsible for all medical and associated costs and expenses arising from or pertaining to any incident which results in medical treatment for any of the Participants.
Applicant initial signifying agreement:
21. Pools, Splashpark, & All Aquatics. The Applicant acknowledges and agrees that the waivers and releases herein are also intended to be applied to any matter arising from or pertaining to use of the pools, splashpark, and participation in all aquatic activities. The Applicant acknowledges that there are dangers and hazards unique to pools and aquatic activities including, but not limited to: diving resulting in spinal cord injuries, permanent paralysis, head/brain injuries, and drowning; failure of attendants to locate victims and/or delay in emergency response time; slips and falls on wet surfaces; and exposure to waterborne illnesses, infections, and diseases. On behalf of Applicant and all Participants, Applicant agrees to follow and adhere to all MTR’s Policies pertaining to use of the pools, splashpark, and participation in all aquatic activities and as all such may be modified from time to time without notice by MTR and/or Personnel (particularly lifeguards). Applicant acknowledges and agrees on behalf of all the Participants to accept the risk of such illnesses or injuries. In the event of such illness or injury, on behalf of all the Participants, Applicant hereby authorizes MTR to obtain any and all medical treatment for all of the Participants. Therefore, Applicant hereby forever releases and holds harmless MTR and its Personnel as they act or fail to act under this authorization. Further, Applicant acknowledges and expressly agrees that Applicant will be responsible for all medical and associated costs and expenses arising from or pertaining to any incident which results in medical treatment for any of the Participants.
Applicant initial signifying agreement:
22. Children. If Applicant’s children are under thirteen (13) years old, a parent is required to be onsite with their children at all times unless the children are in an approved class, day program or camp wherein parental presence is not required. Parents are responsible for picking up their children on a timely basis. Applicant expressly agrees that MTR has no responsibility or associated liability for their pickup.
Applicant initial signifying agreement:
23. Participants. The Applicant hereby represents and warrants that all Participants under the Applicant’s Membership are members of the Applicant’s family; related biologically, by marriage, or under legal guardianship. In the event that MTR discovers Participants under the Applicant’s Membership are not part of the Applicant’s family, MTR will delete non-family individuals from the account and back-charge Applicant for fees that would otherwise have been assessed. The Applicant further acknowledges and agrees that should the Applicant include non-family members or anyone else for whom the Applicant is not a legal guardian, then the Applicant hereby unconditionally agrees to accept full responsibility for any and all bodily injuries up to and including death that individual suffers and any and all damages to property caused directly or indirectly by that individual. The Applicant further expressly agrees to forever fully and completely indemnify and hold harmless MTR and its Personnel for all claims, demands, losses, costs, damages, and expenses arising from or related to any bodily injury up to and including death of that individual and any damages to property caused directly or indirectly by that individual.
Applicant initial signifying agreement:
24. Broad & Inclusive. The Applicant acknowledges and agrees that the waivers and releases herein are intended to be as broad and inclusive as is permitted by law, and if any portion thereof is held invalid, the Applicant agrees that the remainder will continue in full force and effect.
Applicant initial signifying agreement:
25. Policies. Applicant acknowledges that Applicant has read the Policies and understands them. The Policies are available at the Front Desk or online on MTR’s website: www.muletownrec.com
Applicant initial signifying agreement:
THE FOLLOWING PROVISIONS ARE REQUIRED TO BE INCLUDED BY TENNESSEE LAW.
T.C.A. SECT 47-18-305 BUYER’S RIGHT TO CANCEL.
1. YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO MULETOWN REC LLC BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) AFTER THE DAY YOU SIGNED THIS AGREEMENT. THIS NOTICE MUST BE SENT EITHER IN PERSON OR BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: 1446 OAK SPRINGS DRIVE, COLUMBIA, TN 38401. WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, MULETOWN REC LLC WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.
2. SHOULD YOU (THE BUYER) CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH CLUB CEASES TO CONDUCT BUSINESS.
3. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IN THE EVENT THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATIVE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.
4. STATE LAW REQUIRES THAT HEALTH CLUB AGREEMENTS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB WHICH ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES WHICH SHALL NOT EXCEED EIGHTEEN (18%) OF THE TOTAL CONTRACT PRICE:
- Full payment within ninety (90) days after entering into the health club agreement; or
- Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.
5. THIS CONTRACT DOES NOT CONTAIN ANY PAYMENTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, MEMBERSHIP FEES, OR ANY OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, OTHER THAN FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS WHICH ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD.
6. THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTTED, SECTION 47-18-305(a)(5)(B)(ii).
7. A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH-TO-MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER’S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS’ WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.
8. ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO $25 IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.
Representation. The Applicant hereby acknowledges and represents that the Applicant has read and reviewed the terms and conditions of the Application & Agreement, the Policies, and Waiver of Liability; particularly, the Liability Release, the Medical Release, the payment terms and conditions including the Automatic Payment Authorization, and the Membership cancellation policies.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Applicant does hereby agree to the terms and conditions contained in this Application & Agreement, Policies, and Waiver of Liability.
Signature:
Date
Name:
ACKNOWLEDGMENT. By signing this waiver and release form, the undersigned verifies the following: 1) I am over the age of eighteen (18) and possess a valid state driver’s license; 2) I can read and understand the English language; 3) I have been given sufficient time to thoroughly read this Waiver and Release of Liability form and have read said form; 4) I am voluntarily signing this Waiver and Release of Liability form; and 5) I further agree that no representations or statements other than those set forth herein have been made to me
THIS DOCUMENT RELEASES AND WAIVES CERTAIN RIGHTS, DO NOT SIGN IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.
Agreed to and Accepted by:
Signature:
Date
Name:
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
PARENTAL CONSENT (if participant is under 18) FOR: <CHILDFIRSTNAME> <CHILDLASTNAME>
Please print first and last name of minor child
I, the minor’s custodial parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I have read the Waiver and Release of Liability above and fully understand its terms and conditions. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless MTR and/or the Related Parties from all liability, claims, demands, losses, or damages on the minor’s account, including, but not limited to liability, alleged to have been caused in whole or in part by the sole or partial fault or negligence of any of the MTR and/or the Related Parties. This release not only constitutes a release of all liability with respect to any injury to the minor’s person or property as characterized above, but also constitutes a release of the MTR and/or the Related Parties liability resulting from the MTR and/or the Related Parties’ future acts and/or omissions, including but not limited to negligence, and constitutes a waiver of the minor’s and the undersigned’s legal rights. I further agree that if, despite this release, the minor, I, or anyone on the minor’s behalf makes a claim against any one or all of MTR and/or the Related Parties, I will indemnify, save and hold harmless MTR and/or the Related Parties from any litigation expenses, attorney fees, loss liability, damage, and any and all costs to such MTR and/or the Related Parties that they may incur as the result of any such claim.
Printed Name of Parent or Legal Guardian
Signature of Parent or Legal Guardian
Date
If signing liability waiver for a minor, I certify that I am the legal guardian signing on behalf of person identified on this Application and Agreement. I understand that falsifying records is against the law, and MTR may pursue all rights and remedies available at law or equity.
THIS DOCUMENT RELEASES AND WAIVES CERTAIN RIGHTS, DO NOT SIGN IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS.
Agreed to and Accepted by:
Date
Name:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
Parent or Guardian Signature:
*Work Phone:
*Emergency Contact Name:
*Emergency Contact Phone:
*Emergency Contact Relationship:
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Appendix 1. Automatic Payment Authorization
FOR BANK WITHDRAWALS (“ACH”), APPLICANT UNDERSTANDS THAT BECAUSE THESE ARE ELECTRONIC TRANSACTIONS, THESE FUNDS MAY BE WITHDRAWN AS SOON AS THE PERIODIC TRANSACTION DATES SET FORTH HEREIN. IN THE CASE OF AN ACH TRANSACTION BEING REJECTED FOR INSUFFICIENT FUNDS (NSF), OR CREDIT CARD DECLINE, APPLICANT UNDERSTANDS THAT MTR MAY AT ITS SOLE DISCRETION ATTEMPT TO PROCESS THE CHARGE AGAIN, AND APPLICANT AGREES AN ADDITIONAL CHARGE FOR EACH ATTEMPT WILL BE INITIATED AS A SEPARATE TRANSACTION FROM THE AUTHORIZED RECURRING PAYMENT. BY SIGNING BELOW, APPLICANT AFFIRMS THAT HE/SHE IS AN AUTHORIZED USER OF THE CREDIT CARD/BANK ACCOUNT PROVIDED AND WILL NOT DISPUTE THESE SCHEDULED TRANSACTIONS WITH THE BANK OR CREDIT CARD COMPANY SO LONG AS THE TRANSACTIONS CORRESPOND TO THE TERMS INDICATED IN THIS AUTHORIZATION FORM AND THE APPLICATION & AGREEMENT.
MTR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO SUSPEND SERVICES FROM APPLICANT, WITH OR WITHOUT TERMINATING THIS AGREEMENT, SHOULD THERE BE ANY FAILURE TO PAY BY THE APPLICANT WITHIN THE TERMS AND CONDITIONS OF THE AGREEMENT. APPLICANT HEREBY RELEASES MTR FROM ANY AND ALL LIABILITY FOR ANY DIRECT OR INDIRECT CLAIMS DUE TO OR ARISING FROM APPLICANT’S FAILURE TO TIMELY PAY HIS/HER INVOICES.
Applicant hereby authorizes MTR to regularly debit Applicant’s bank account or charge Applicant’s credit card on a recurring basis for payment as detailed in the Application & Agreement, to initiate adjustments for any transactions debited or credited in error. Applicant agrees that no prior notification will be provided, and Applicant agrees that it is Applicant’s responsibility to ensure that there are sufficient funds in the bank account or credit availability on the credit card, as the case may be.
Agreed to and Accepted by:
Signature:
Date
Name: