THIS AGREEMENT is a binding, month to month agreement between Energy Fitness LLC, a limited liability company, hereafter referred to as “the club” and the undersigned party, hereafter referred to as “member.” All claims, terms and conditions of this agreement are associated to this location only. Once accepted by management of the club, this agreement becomes a legally binding, irrevocable obligation. If member fails to make any monthly payment when due, then the entire unpaid total membership charge due owing the club shall become immediately due and payable. If a collection service or legal services are needed to collect the unpaid balance, member is responsible for any and all additional costs incurred in such services. There will be no cash refunds.
24 HOUR MEMBER: Member understands and agrees that this is an unsupervised fitness center. Member acknowledges that no employee will be on site to provide assistance in using the equipment. In recognition of the possible danger connected with any physical activity, member hereby knowingly and voluntarily waives any right of cause of action now or hereafter of any kind whatsoever arising from which any liability which may or could accrue to the club and its affiliates. Member will reimburse via their pay method for any damages he/she may cause to the equipment and/or the physical infrastructure of the facility.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK: The use of the club and its facilities naturally involves the risk of injury to members or their guests, whether the member or someone else causes it. As such, member understands and voluntarily accepts this risk and agrees that the club will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or any damage to members, members’ spouses, guests, or unborn children resulting from the negligence of the club or anyone on the club's behalf or anyone using the club or it’s facilities. Further, member understands and acknowledges that the club does not manufacture any of the fitness or other equipment at its facility, but purchases equipment from third parties. As such, member understands and acknowledges that the club is a recreational service and may not be held liable for defective equipment. If there is any claim by anyone based on any injury, loss, or damage described in this section which involves a member or a member’s guest, member agrees to (1) defend the club against such claims and (2) indemnify the club for all liabilities to the member, member’s spouse, guests, relatives, or anyone else resulting from such claims.
FAMILY MEMBERSHIP INDEMNIFICATION: If this is a joint membership application, member agrees that each member of his/her family to be covered, has agreed to also assume the risk of injury as stated above and the member will indemnify and hold the club, it’s owners, agents, and employees harmless from any claims for such injury and damages brought by such family members.
1. IDENTIFICATION: Members must scan membership card or present photo ID upon entering the club. Members without proper identification may be refused admittance. The club reserves the right to request additional identification periodically to prevent non-members from using the club’s facilities illegally. The club assumes no responsibilities for lost key tags. Member agrees to a $15 deposit on each key tag to be refunded on return of the key tag to the club. A replacement charge of $10 will apply for lost key tags.
2. GUEST PRIVILEGES: Members are invited to bring their friends, relatives, or business associates to the club as a guest of the club. Guests must be at least 18 years of age (children age 16 to 17 may visit if accompanied by a parent or legal guardian who is a member of the club). The parent or legal guardian must sign a medical and injury release form before the minor uses any equipment or facilities. The club reserves the right to restrict the number of member guests and times members may bring guests. The same guest may only be a guest once in any 6-month period. All guests must sign a “release of liability waiver” with club management and be given a presentation of the club facilities by the club personnel and must adhere to all rules and regulations of the club. The club reserves the right to charge a $10 guest fee for all guests per occurrence. All guests must have an ID and check in each visit. The guest hours are during managed hours unless previously authorized by management.
3. EQUIPMENT USE: Members shall use the club equipment only in the manner intended by the manufacturer and shall not modify the equipment in any manner whatsoever. Member agrees that the club equipment may, from time to time be out of service due to maintenance and repair requirements. When this occurs, the member agrees to follow substitute program options. Members are prohibited from bringing their own equipment to the club for personal use.
4. PROHIBITIONS: NO TOBACCO USE is permitted in the club. NO alcoholic beverages or non-prescription drugs including anabolic steroids are permitted in the club. NO weapons of any kind are permitted in the club. NO personal training is permitted except by the club contractors. Any conduct by member or guest that interferes with or adversely affects or poses threat or risk to the proper operation of the club or to equipment or facilities or to any club employee, member, or guest, is strictly prohibited. Members are expected to behave in a manner that respects the diversity of our community and club members. Offensive, combative, and intolerant behavior or language by members will not be tolerated.
5. DRESS CODE AND TOWEL POLICY: All members are required to wear appropriate clothing and footwear including but not limited to closed toed shoes while in the club facility. The following general guidelines shall apply: gym shorts, T-shirts, jogging, aerobic, and sweat suits are acceptable for exercising but street clothes, street shoes, and jeans are not permitted while using the exercise areas. Leotards, dance skins, or cutoffs are not acceptable. Offensive wording on clothing is prohibited. The club reserves the right at all times to restrict any member from using the club facilities who is not appropriately attired as determined in the sole discretion of the club management. Exposure of toes, nipples and navels will be deemed inappropriate attire. Members must have a cloth towel with them during workouts to protect the machines during and after use. Please wipe down the equipment after each use. Failure to bring a towel may result in a $1 towel charge.
6. FOOD & DRINK: Only drinks in closed containers will be allowed in the exercise areas of the club.
LIABILITY FOR PROPERTY
The club is not liable to members or any guest for any personal property that is damaged, lost or stolen while in or around the the club premises including, but not limited to, any vehicles or its content. Any member or guest that causes any damage to the club facilities will be liable to the club for all costs of repair or replacement as determined by the club management.
VIOLATION OF RULES
If a member or guest violates any of the club’s rules or regulations, the club reserves the right to expel the member or guest from the club. A violation may also result in the termination of the member's club membership.
AMENDMENTS AND ENFORCEMENT
The club reserves the right to add to these rules and regulations or revoke, amend, or otherwise modify them from time to time as deemed necessary for the proper management of the club. Member agrees to abide by all such changes. Member also agrees that the club's failure to enforce any of these rules or regulations at any time for any reason shall not constitute a waiver by the club of its right to enforce such rule or regulation in the future.
This agreement is entered into as of the date indicated by the signature of the member identified in this contract and the club operating in Tennessee under the assumed name Energy Fitness. Member agrees that by signing this agreement, member is purchasing a membership in the club and agrees to all the terms in this agreement. Member also agrees to follow the club rules and regulations. The terms "member" and “club" includes heirs, estates, agents representatives, officers directors, shareholders, successors, affiliates, subsidiaries, and employees as the context requires. As such, both parties make this agreement on behalf of and it binds all these included persons and entities.
Membership permits the use of the club premises, facilities, equipment, and services (collectively called "Facilities”) on a month-to-month basis subject to any required fees and restrictions. Membership does not grant any rights to the club, its management, property, or operation. Member’s use of the club facilities shall only be during the club’s hours of operation which may be changed from time to time without notice to members. The club may also sell memberships to the club at different rates and terms than other members.
Member agrees to pay the dues and fees on this Agreement. Member understands that membership in the club is on a month-to-month basis. Member agrees to pay in advance the first and last month's dues. If a member is under 18, the club requires an adult to guarantee payment. The club immediately earns the membership, enrollment and other service fees (such as Personal Training fees) when member buys a membership, including any and all paid amounts or unpaid portions which are to be paid by automatic monthly deduction via electronic funds transfer (EFT). These fees and any buy down of monthly dues are not refundable, except as Buyers Right to Cancel. If you or your guests incur any the club charges for goods or services that include, without limitation, personal training or similar services, member agrees to be responsible for payment of all required local and state taxes. Also, member agrees that the club has the right to add to member dues or adjust member EFT for any tax that the government may impose for the use of the club.
Members are responsible for notifying their bank of any error that appears on their bank or credit card statement in a timely manner. Member must notify the club within 60 days of a claimed EFT error on member’s bank statement or credit card statement. If member claims their EFT was not stopped when the club was notified, member must have written proof of the error. Without proof, the club will not reimburse member for EFT deductions which were claimed to be in error. If member’s EFT ends for any reason, the membership may be immediately suspended at the club’s discretion. Member will have 30 days from the date the EFT ends to reinstate the original EFT authorization or provide a substitute EFT authorization. Upon reinstatement, all past due amounts, including any administrative fees, will be electronically deducted or member must pay all past due amounts at the time of reinstatement. If member has not provided a valid EFT within the 30 days, the membership may be terminated.
Regardless if a Joint (2 members) membership was purchased, each member in the group is responsible to pay for all their dues. If a Joint membership drops one member, it becomes a Single membership and the dues change to the current Single dues rate in effect at the time of the drop. If a Family membership drops members reducing it to a Joint or Single membership, it will be subject to the current Single or Joint rate in effect at the time of members being dropped.
AVAILABILITY OF FACILITIES
The club reserves the right to close its facilities for maintenance, selected holidays, and other hours as it determines in its sole discretion. The club may delete, change, discontinue repair, or replace any part or all of the facilities without any effect on this agreement.
Members acknowledge that they are in good physical condition and have no medical reason or impairment that might prevent members from their intended use of the club. As such member acknowledges that the club did not give any medical advice when joining the club and cannot give any after joining the club relating to a personal physical condition and ability to use or participate in any of the club’s programs. If a member has any health or medical concerns now or after joining the club, member agrees to seek professional medical advice before using the facilities. Members are responsible for their personal health and well being while using the club’s facilities.
Terms and Conditions
ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OR GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
(1) The items shall be drawn on or about the first (1st) of each month. The transactions on member’s bank statement will constitute receipts for payment on member account.
(2) The privilege of making payments under this plan may be revoked by the club if any item is not paid upon presentation.
(3) This preauthorized payment plan, if cancelled, does not release the Member/Buyer from their obligation (Promissory Notes/Contract).
(4) A service fee of twenty dollars ($20) will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason.
(5) This preauthorized payment plan, if cancelled, is subject to a five ($5) per month increase of monthly dues. This will not affect any other provisions of this agreement.
The club reserves the right to transfer, sell or discount the promissory note. We may refer your contract to an independent financial institution, for collection.
The following terms and conditions are required by law. Please pay special attention to the paid in full warning underlined and the buyer’s right to cancel.
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 ALTERNATE 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.
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 PERCENT (18%) OF THE TOTAL CONTRACT PRICE:
Full payment within ninety (90) days after entering into the health the 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.
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.
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 AFFIRMITIVELY 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 ANNOTATED, SECTION 47-18-305(A)(5)(B)(ii).
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.
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.
I understand that the membership I am signing is an installment promissory note. Provided that my membership is not in default and subject to the terms and conditions hereof, my membership will automatically renew to a month to month membership. Notification of the month to month renewal as well as cancelation procedures will be sent via email.
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.
BUYER’S RIGHT TO CANCEL
A buyer shall have until midnight of the seventh business day after the date on which the first service under the health the club agreement is available to cancel if the health club agreement is subject to a finance charge. "Business day" for the purposes of this subdivision shall mean any day the health the club is open unless the seventh day is a day the health the club is not open for business to the buyer; provided, however, that if the health the club is closed on the seventh day, the buyer shall have until midnight of the next day the health club is open to cancel the health the club agreement. Cancellation is evidenced by the buyer giving written notice of cancellation to the health club at the address of any facility available for use by the buyer under the health club agreement. The buyer shall deliver the notice by personal delivery or by certified mail delivery, return receipt requested. Personal delivery is effective when delivered to the health club or to the health club's address, whichever comes first. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: Energy Fitness, 200 E. Main St Suite 202 JC, 37604
WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.