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 Apex Training Programs LLC, Contact Info: __________________ (hereinafter referred to as the “Company”), 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:
The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.
- The Company shall offer the following services to the Client:
- Client’s sessions shall be scheduled for: _____________________.
- The Client shall pay ______________ for the services provided, 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.
- There is an auto-billing occurring monthly that the Client must cancel 30 days in advance to avoid being billed in the following months.
- The Client may cancel their session by offering a written notice within 24 hours prior to the scheduled session. If the Client cancels less than 24 hours to the scheduled session, the Gym shall count the session as served as hence no refunds.
- LIMITED LIABILITY AND INDEMNITY.
The Company shall not, during the term of this Agreement, be held liable for any injuries sustained by the Client while engaging the Company for the services covered under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Client agrees to hold blameless and indemnify the Company against any claims that may arise from the performance of this Agreement.
- RELATIONSHIP BETWEEN THE PARTIES.
The Company shall be retained as an independent contractor. The Company shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Client will not withhold or pay any income tax, social security tax, or any other payroll taxes on the Company’s behalf during the term of this Agreement
The failure on the part of the Company 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.
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.
The Client can terminate this Agreement at any time by offering a written notice on the same before the expiry of their monthly subscription to avoid auto-billing. 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.
- This Agreement shall be binding upon and inure to the benefit of the Company 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 Company’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.
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 _________ [State/Country]. Exclusive jurisdiction and venue shall be in _________ [State/Country].
- 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.
COMPANY: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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