GYM MEMBERSHIP AGREEMENT.
This Gym Membership Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ________________, Contact Info: __________________ (hereinafter referred to as the “Gym”), and _____________, Contact Info: ____________ (herein referred to as the “Client”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period Six (6) Months, commencing on the Effective Date herein.
- SCOPE.
The Gym is offering the Client the following services:
- __________________________________________________.
- __________________________________________________.
- __________________________________________________.
- __________________________________________________.
- PAYMENT.
The Client shall be paying One Hundred Dollars ($100) per month for the services covered under this Agreement, all payments must be paid ____ days in advance of the training sessions, either on the 1st of each month if signed for the monthly program or at the end of the Client’s last pre-paid session.
- LIMITED LIABILITY AND INDEMNITY.
The Gym shall not, during the term of this Agreement, be held liable for any injuries sustained by the Client while engaging the Gym for the services covered under this Agreement, as long as the injuries are not in any way due to the Gym’s negligence. The Client agrees to hold blameless and indemnify the Gym against any claims that may arise from the performance of this Agreement.
- ASSIGNMENT/WAIVER.
- This Agreement shall be binding upon and inure to the benefit of the Gym and the Client and their respective successors and assigns, provided that the Client may not assign any of their obligations under this Agreement without the Gym’s prior written consent.
- The waiver by either Party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- FORCE MAJEURE.
The failure on the part of the Gym to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a mediation process in accordance with the laws of the State of California, USA.
- TERMINATION.
- The Client can terminate this Agreement at any time by offering a written notice on the same before the expiry of their monthly subscription. The Client understands that in the event they are unable to finish the paid sessions for reasons such as relocation, they shall not receive any funds.
- In the event that the Client moves more than 25 miles away from any of the Gym’s locations and wishes to terminate/cancel this Agreement, they shall be required to provide proof by using their DWP bill or another form of address check.
- MODIFICATIONS.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW AND JURISDICTION.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in the State of California, USA.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
GYM: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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