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Terms and conditions for Membership Plan - The Villages Gym

MEMBERSHIP CONTRACT D&H Adventures LLC, DBA The Villages Gym L.L.C.

GENERAL APPLICANT INFORMATION

Name: ________________________________________

Date of Birth: ___________________________________

Spouse's Name (If applicable): ________________________

Address: _________________________________________________

City / State: _______________________Zip: ____________________

Phone: ______________________________________________________ Email: ______________________________________________________

Emergency Contact Name: ____________________________

Emergency Contact Phone Number: _____________________

Names on Contract: __________________________________

MEMBERSHIP TYPE(S) AND DUES

____________________________________________________________

TERM

MONTHLY

QTRLY

with trainer

$49

$147

without trainer (effective December 1, 2017)

$59

$177

8800 Tenant

$35

$105

Start Date: ___/___/_____

End Date: ___/___/______

APPLICATION.

I am applying for membership with The Villages Gym Training Studio located 8800 Katy Freeway #201 Houston, TX 77024. I represent and warrant that I am 18 years of age or older and all facts and information set forth above and/or in the Membership Application dated this date (the application) are true, correct and complete. The Application is incorporated by reference and made a part of this Contract.

PAYMENT.

1.Quarterly Payment: I must pay the Total Due Today upon signing this Contract.

2. Monthly Payment: Under this option, I must pay the prorated Total Due Today upon signing this Contract. I agree to pay my monthly amount ($________), through automatic withdrawal from an account I maintain in a financial institution pursuant to this signed authorization form, or by cash, or by check delivered to the Club by the 1st of the month. Subject to change, drafts (payments) are made on or about the first (1st) of each month. If I change financial institutions, I will provide The Villages Gym with updated information needed to fulfill the membership payment.

3. Payments not made by the 1st of the month are subject to a late fee of $10.

4. Memberships not paid by the last day of the month will roll over into the following months dues and accrue, including the late fee.

5. Total Due Today: $_______

Next Payment Due: ____/____/____

Total Due Next Payment $______

Payment Method:
Debit Card / Credit Card / Cash / Check

TERM.

All memberships, other than Quarterly memberships (with a term of three (3) months), are month-to-month commitments renewable on the first (1st) of each month.

CANCELLATION.

I (or my legal representative) may cancel this Contract by notifying the owners of The Villages Gym in writing via email to trainer@thevillagesgym.com, or by personal delivery to the address specified in the health club contract.

FEE GUARANTEE.

Membership fees may be modified from time-to-time by The Villages Gym, however, no membership fee change will be applicable to me during the initial term of this Contract (but will be effective for any renewal periods).

DEFAULT/REMEDIES.

Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge $10.

MEMBERSHIP PRIVILEGES: I will be admitted to member activities such as open lounge, fitness training rooms, locker room, and other designated facilities at no additional charge. Towels shall also be made available to me for use in the Club at no additional charge. Membership does not cover lessons, classes, individual or group training sessions, special programs, some or all of which may be made available from time-to-time for additional charges. Not all programs, benefits, facilities, equipment, etc. will be available at all times. Memberships are not assignable or transferable.

MEMBER’S RESPONSIBILITY. All use of the Club shall be undertaken at my sole risk, and The Villages Gym and/or its Manager shall not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of The Villages Gym and/or its Manager, its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions. It is specifically agreed that The Villages Gym and/or its Manager shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the Club nor for loss or damage to any other of my property, including automobiles and contents. It is also agreed that any damages to The Villages Gym and/or its Manager, or the Club or its contents, or property or the property of any member by another member is the sole responsibility of the offending member. The foregoing notwithstanding, neither The Villages Gym nor its Manager shall be relieved by this Paragraph from liability for its own gross negligence and/or willful misconduct.

RULES AND REGULATIONS. I acknowledge that The Villages Gym operate under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by and be bound by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted or published by The Villages Gym. Rules and regulations of Fitness U, in effect from time-to-time, are incorporated into this Contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of the Villages Gym, and I accept such reasonable changes as a condition of membership.

GENERAL PROVISIONS.

1. I acknowledge I have inspected the Club is in full operation. No promises, representations or warranties have been made to me by The Villages Gym or otherwise about the Club.

2. I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.

3. This Contract sets forth the entire agreement between me and The Villages Gym regarding my membership and any and all prior discussions, agreements, understandings or correspondence are hereby made null and void.

4. This Contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me, and The Villages Gym.

5. If any term or provision of this Contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.

I understand that I am responsible for all reasonable collection fees associated with any unpaid balances due according to this Contract. ______ Initials

We hereby agree to all terms of this Contract, intending to be legally bound hereby, and each of us has received a complete executed copy of this Contract. Accepted by D&H Adventures LLC DBA The Villages Gym.

________________________________ ________________

Member’s Signature Date

________________________________

Print Name

________________________________ ________________

Fitness Consultant Signature Date

________________________________

Print Name