FIGHTING COMES FIRST FITNESS AGREEMENT TERMS AND CONDITIONS
This Agreement (the “Agreement”) is made and entered on [insert date] by and between
FIGHTING COMES FIRST FITNESS GYM whose place of business is at Pennsylvania, 310
Media Station Rd Media PA 19063 (“Gym”) and [insert the name of the client] whose
address is at [insert address of the client] (“Client” “You”) (collectively referred to as the
“Parties”).
Recitals
WHEREAS, the Gym is engaged in the business of Fitness and has equipment located in
their premises for that purpose; and
WHEREAS, the Client wishes to become a member of the Gym on the terms and conditions
set forth below; and
NOW THEREFORE, in consideration of the above recitals and the mutual promises and
benefits contained herein, the Parties hereby agree as follows:
1. MEMBERSHIP: Your membership is a contractual privilege to use the Gym facilities,
equipment and services offered by the Gym to your type of membership during the
Gym’s published hours of operation. The Gym reserves the absolute right without
notice to add, change or eliminate any Gym Facilities or membership types and to
change its hours of operation. Your membership does not entitle you to any interest or
ownership in the Gym or its property and confers no right to participate in the
management or operation of the Gym. The membership types, the amount of initiation
fees, dues and other charges payable by the members, the suspension and termination
of members, and all other matters affecting or relating to your membership shall be in
the Gym’s sole discretion.
2. PAYMENTS:
(a) Membership Payments. You agree to pay a one-time registration fee of [insert
amount] and monthly fee of [insert amount]. Except as stated in this Agreement, all
membership fees, dues and other payments are nonrefundable. You shall not be
relieved of your obligations to make any such payments and no deduction or refund
of dues shall be made for your failure to attend or use the Gym Facilities due to
vacation, travel, or other personal commitments.
(b) Adjustment to Dues Rates and Other Fees. Monthly dues rates, charges and
fees for services are subject to change, as deemed necessary by the Gym. The
Gym may increase monthly dues rates by providing you with a minimum of thirty
(30) days written notice. If you have a twelve (12) month paid commitment, the Gym
will not change the monthly dues rate during such initial twelve (12) month period.
(c) Service Charges and Late Fees. If any payment to the Gym, including by check,
charge or bank draft, is not honored, or if your account is past due, the Gym shall
have the right to the following remedies, in addition to any other legal or equitable
rights: (1) assess a service charge of $30.00 for each dishonored transaction and
require reimbursement for cost collection; (2) assess a late fee of $20.00 for all past
due accounts; (3) collect the current and past due balance in any subsequent
months; and/or (4) suspend or terminate this Agreement. The Gym reserves the
right to change these service fees and late fees at any time. All payment disputes
must be submitted in writing to the Gym within 120 days of the disputed charge, to
the extent permitted by law.
3. CANCELLATION:
(a) Cancellation by Member. You may cancel your membership after a minimum of
three months of registering as a member by giving the Gym thirty (30) days
advance written notice. Such cancellation shall be deemed effective on the first
day of the calendar month following the expiration of the 30-day notice period
and all outstanding dues and charges have been paid to the Gym. You will remain
liable for payment of dues and other charges for periods prior to the effective date of
cancellation. If you prepaid your membership dues or other charges, and are
eligible to cancel your membership before the end of the prepaid period, the Gym
will refund prepaid amounts only for unused membership time. Any amounts due by
you will be deducted from any refund due to you. If you cancel during your paid
commitment period, you will remain responsible for paying dues for the remaining
commitment period. Until you provide written notice of cancellation as stated above
and make all outstanding payments, you will continue to be charged monthly dues.
(b) Cancellation by the Gym. The Gym may suspend or cancel your membership at
any time for (1) failure to pay your monthly dues and other charges when due; (2)
any other breach of this Agreement; or (3) any violation of the Guidelines or other
rules and regulations of the Gym. The Gym also has the right to cancel your
membership at any time without cause. You will remain liable for payment of dues
and other charges for periods prior to the effective date of cancellation. No refunds
shall be made for membership dues and other charges except as specifically
provided for in this Agreement. If your membership is terminated for cause, the Gym
reserves the right to retain the unused portion of any prepaid amounts made by you.
4. GUIDELINES, RULES, AND REGULATIONS: You agree to abide by the attached Gym
Guidelines, and all rules and regulations of the Gym, as the same may be amended
from time to time at the Gym’s sole discretion. Any member who, in the sole
determination of the Gym, violates the Gym’s Guidelines, rules or regulations, or is
loud, offensive, uses profanity, harasses, is bothersome to other members, residents,
guests or employees or otherwise behaves in an inappropriate or unbecoming manner,
may be suspended or terminated by the Gym.
5. MEMBER’S HEALTH WARRANTY: You represent that you are in good health and
have no disability, impairment, injury, disease or ailment, preventing you from engaging
in exercise or which could cause increased risk of injury or adverse health
consequences as a result of exercise. You assume full responsibility for your use of the
Gym Facility and shall indemnify the Gym, its affiliates, agents and employees, against
any and all liability arising out of your use of the Gym Facilities. A physical exam by
your physician is recommended before commencing any exercise program and
especially if you are elderly, pregnant, or unaccustomed to physical exertion.
6. ACKNOWLEDGEMENT OF RISK: You, on behalf of yourself, and any dependent(s)
and guests, represent that, you understand that engaging in physical exercise and the
use of the Gym Facilities includes an inherent risk of minor or major life-threatening
injury to persons and property, and death. You understand that risk of injury to persons
and property includes, but is not limited to, injuries arising from or relating to (a) the use
by you, your dependent(s), guests or others of exercise equipment, locker rooms, wet
areas and other Gym Facilities; (b) participation by you, your dependent(s), guests or
others in any supervised and unsupervised activities, programs, classes, events on or
off the Gym premises, including any the Gym sponsored activities and events; (c) any
personal training, instruction, supervision or dietary recommendations by the Gym or its
staff; (d) medical disorders that may occur from use of the Gym Facilities such as heart
attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles,
tendons and ligaments among others; (e) accidents that may occur anywhere in or
around the Gym (including common areas, fitness areas, locker rooms, steam rooms,
pool areas, saunas, etc.) or while participating in activities or events sponsored by the
Gym or while traveling to or from the Gym; and (f) theft or loss of property while using
the Gym Facilities. Accidental injuries include those caused by you or by other persons
and those, for example, of a slip and fall nature. You, your dependent(s) and guests
agree to use due care when using any the Gym Facilities and/or when participating in
any Gym sponsored outside activities and events.
7. DAMAGE TO PROPERTY: You understand and agree that the Gym is not liable for
loss, damage or theft of your personal property or that of your guests while in or on the
Gym Facilities. You shall be responsible for any and all damage to any Gym property
caused by you, your guests or your dependent children.
8. INDEPENDENT CONTRACTORS: From time to time the Gym will make available to
you and your guests the services of independent contractors. The Gym does not
warrant or guarantee the quality of these services and does not guarantee that these
services will remain available to you or your guests for any period of time, and hereby
disclaims all liability arising out of such services.
9. SEVERABILITY. If any provision or any part of any provision of this Agreement is held
unenforceable, such provision or portion thereof, shall be severed from this Agreement,
and such unenforceability shall not affect the other provisions of this Agreement.
10. NOTICES: Please remember to inform the Gym of any address or payment changes.
Any notice given under this Agreement, shall be considered delivered when mailed to
your address listed on the front of this Agreement or as later changed by written notice
to the Gym. Any notice you send to the Gym shall be considered delivered only when
received by the Gym.
11. ASSIGNMENT: The Gym may assign this Agreement in its sole discretion. You may not
assign this Agreement. This Agreement shall be binding upon and inure to the benefit
of the parties’ respective successors and assigns.
12. COUNTERPARTS: This Agreement may be signed in counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument. Counterparts may be exchanged by fax or electronic means (e.g., PDF), all
of which shall be binding.
13. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof and supersedes any discussions, offers,
proposals, agreements or promises with respect thereto. This Agreement may be
modified only by a written amendment signed by you and the General Manager.
Employees are not authorized to make any independent agreement.
14. GOVERNING LAW: This Agreement shall be governed by and construed in
accordance with the laws of the State of Pennsylvania. All actions arising under this
Agreement shall be exclusively brought in a state or federal court in the State of
Pennsylvania.
15. ATTORNEYS’ FEES. If any action, suit, or other proceeding is brought relating to the
enforcement or interpretation of this Agreement, the prevailing party shall recover all of
such party’s reasonable fees and expenses, including attorneys’ fees and expenses
incurred in connection with such action. This section shall not be deemed to provide for
the award of attorneys’ fees for personal injury, or non-contractual claims.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above written
GYM:
/s/___________________________________
[insert your name]
[insert your date]
CLIENT:
/s/___________________________________
[insert your name]
[insert your date]
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