SHF Membership agreement terms
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SUBJECT TO THE FOLLOWING CONDITIONS:
(1) THE ITEMS SHALL BE DRAWN ON OR ABOUT THE DATE OR DATES OF THE PAYMENT PLAN. THE TRANSACTIONS ON YOUR BANK STATEMENT WILL CONSTITUTE RECEIPTS FOR PAYMENT ON YOUR ACCOUNT.
(2) BY EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE YOUR AWARENESS THAT CERTAIN DISCLOSURES REQUIRED BY THE ELECTRONIC FUNDS TRANSFER ACT AND ITS REGULATIONS ARE AVAILABLE FOR YOUR REVIEW AT THE FEDERAL DEPOSIT INSURANCE CORPORATION WEBSITE AT WWW.FDIC.GOV.
(3) THE PRIVILEGE OF MAKING PAYMENTS UNDER THIS ARRANGEMENT MAY BE REVOKED BY THE COMPANY IF ANY ITEM IS NOT PAID UPON PRESENTATION.
(4) IF THIS PREAUTHORIZATION PAYMENT ARRANGEMENT IS REVOKED FOR ANY REASON, THIS DOES NOT RELEASE YOU FROM YOUR OBLIGATION (PAYMENT PLAN).
(5) A SERVICE FEE SHALL BE PAID BY MEMBER IN THE AMOUNT OF $29.00 FOR EACH CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. A LATE FEE SHALL BE PAID BY MEMBER IN THE AMOUNT OF $29.00 FOR EACH PAYMENT WHICH IS NOT MADE WHEN DUE. MEMBER SHALL PAY TO COMPANY $150 IN THE EVENT OF ANY CANCELLATION OR TERMINATION OF THIS AGREEMENT BY THE MEMBER WHICH IS PERMITTED BY THE EXPRESS TERMS OF THIS AGREEMENT.
I THE UNDERSIGNED MEMBER WISH TO PARTICIPATE IN THE PERSONAL TRAINING PROGRAM OFFERED BY Strong Hand Fitness AND THE FACILITY. I UNDERSTAND THE INHERENT RISKS IN PARTICIPATING IN AN EXERCISE PROGRAM OF STRENUOUS EXERCISE. I AGREE THAT COMPANY, THE FACILITY OWNER, AND FACILITY OPERATOR SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY INJURIES TO ME RESULTING FROM MY PARTICIPATION IN THE FITNESS PROGRAM (WHETHER AT HOME, IN THE HEALTH FACILITY, OR ANOTHER CORPORATE, COMMERCIAL, RESIDENTIAL OR FITNESS FACILITY) OTHER THAN THOSE CAUSED BY THE NEGLIGENCE OF COMPANY, THE FACILITY OWNER, THE FACILITY OPERATOR, OR ANY OF THEIR EMPLOYEES.
(1) I SHALL INFORM MY PERSONAL TRAINER OF ANY CONDITIONS OR CHANGES IN MY HEALTH, NOW AND ONGOING, WHICH MAY AFFECT MY ABILITY TO EXERCISE SAFELY AND WITH MINIMUM RISK.
(2) SHOULD I FEEL LIGHT-HEADED, DIZZY, FAINT, OR NAUSEOUS AND/OR EXPERIENCE ANY PAIN OR DISCOMFORT, I WILL STOP THE ACTIVITY AND INFORM MY PERSONAL TRAINER.
(3) I AM NOT OBLIGATED TO PERFORM OR PARTICIPATE IN ANY ACTIVITY THAT I DO NOT WISH TO, AND IT IS MY RIGHT TO REFUSE SUCH PARTICIPATION AT ANY TIME DURING MY TRAINING SESSION PROVIDED HOWEVER THAT MY EXERCISE OF SUCH RIGHT SHALL NOT LIMIT OR RELEASE ME FROM ANY OBLIGATION TO PAY ANY FEES UNDER THIS AGREEMENT.
(4) PERSONAL TRAINING SESSIONS RANGE FROM 30 MINUTES TO 75 MINUTES IN LENGTH, AND SHOULD I ARRIVE LATE, I WILL NOT RECEIVE THE FULL-LENGTH SESSION WITH MY TRAINER.
(5) THE PERSONAL TRAINING PROGRAM WORKS ON A SCHEDULED APPOINTMENT BASIS, THUS REQUIRING I PROVIDE AT LEAST 24-HOUR NOTICE WHEN CANCELING AN APPOINTMENT. NO CHARGES WILL BE LEVIED SHOULD I CANCEL MORE THAN 24 HOURS IN ADVANCE. HOWEVER, IF I CANCEL OR RESCHEDULE A SESSION WITH LESS THAN 24 HOURS' NOTICE TO THE TRAINER, COMPANY HAS THE RIGHT TO CHARGE FOR THAT SESSION. I AGREE THAT WHEN SCHEDULING MY SESSIONS, MY REQUESTED TIME MAY ALREADY BE BOOKED BY OTHER CUSTOMERS AND I MAY HAVE TO BE FLEXIBLE IN SCHEDULING SESSIONS. THE COMPANY OWES NO LIABILITY TO ME IF A TIME I REQUEST IS BOOKED OR THE FACILITY IS UNAVAILABLE AT THAT TIME.
(6) I MAY ALSO CANCEL THIS CONTRACT IF I BECOME TOTALLY AND PERMANENTLY DISABLED. I UNDERSTAND THAT I MUST PROVIDE REASONABLE EVIDENCE FROM A DOCTOR EXPLAINING THE DISABILITY. THE REMAINING UNUSED SESSIONS THAT WERE PAID FOR WILL BE PRO-RATED AND REFUNDED IN A MANNER DETERMINED BY THE COMPANY WHICH DETERMINATION SHALL BE FINAL AND NON-APPEALABLE ABSENT MANIFEST ERROR, AND THE CANCELLATION FEE PROVIDED ABOVE SHALL BE PAID TO COMPANY BY THE MEMBER.
(7) I UNDERSTAND THAT ALL PERSONAL TRAINING SESSIONS ARE NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
(8) I HAVE BEEN INFORMED ABOUT, UNDERSTAND, AND AGREE TO ABIDE BY CLUB COURTESIES AND FACILITY RULES OF USE IMPOSED BY THE OPERATOR OF THE FACILITY OR OTHER LOCATIONS WHERE TRAINING SESSIONS ARE PERFORMED.
(9) BOTH SIDES OF THIS FORM ARE REFERRED TO HEREIN AS THE “AGREEMENT”.
(10) THIS AGREEMENT SHALL TERMINATE AND THE COMPANY SHALL BE ENTITLED TO RETAIN ALL FEES PAID BY MEMBER IF SIX MONTHS PASS AFTER ANY PAYMENT IS MADE HEREUNDER BY MEMBER WITHOUT ANOTHER PAYMENT BEING MADE IN THE INTERIM OR IF SIX MONTHS PASS AFTER ANY TRAINING SESSION WITHOUT ANOTHER TRAINING SESSION TAKING PLACE. ALL FEES SO RETAINED SHALL BE CONSIDERED FOR ALL PURPOSES EARNED FEES FOR SERVICES PERFORMED AND THE MEMBER SHALL NOT BE ENTITLED TO ANY TRAINING SESSIONS FOR SUCH RETAINED FEES.
(11) NO MEMBER IS ENTITLED TO THE SERVICES OF ANY SPECIFIC TRAINER INCLUDING, WITHOUT LIMITATION, THE TRAINER NAMED ABOVE NOR IS ANY MEMBER ENTITLED TO ACCESS TO SPECIFIC EXERCISES OR EQUIPMENT. THE NON-AVAILABILITY OF ANY TRAINER EMPLOYED BY OR ASSOCIATED (OR FORMERLY ASSOCIATED) WITH THE COMPANY OR OF ANY EXERCISE OR EQUIPMENT SHALL NOT GIVE THE MEMBER ANY RIGHT TO TERMINATE OR CANCEL THIS AGREEMENT. MEMBER WILL WORK WITH THE TRAINER ASSIGNED TO IT BY THE COMPANY FROM TIME TO TIME.
ADDITIONAL TERMS AND CONDITIONS
Strong Hand Fitness, LLC AND ITS SUBSIDIARIES ARE REFERRED TO HEREIN AS THE “COMPANY”. THE COMPANY OPERATES A PERSONAL TRAINING FITNESS BUSINESS AND CONTRACTS WITH THE OPERATOR OF THE FACILITY FOR USE OF THE FACILITY TO PROVIDE PERSONAL TRAINING SERVICES UNDER THIS AGREEMENT. THE PERSONAL TRAINING SERVICES TO BE PROVIDED UNDER THIS AGREEMENT AT THE TRAINING SESSIONS ARE SOLELY AS FOLLOWS: ARE INSTRUCTION AND DIRECTION WITH RESPECT TO FITNESS ACTIVITIES WHICH THE APPLICABLE TRAINER ASSIGNED BY THE COMPANY DETERMINES ARE MOST APPROPRIATE FOR MEMBER GIVEN THE MEMBER’S FITNESS LEVEL AND THE AVAILABLE EQUIPMENT AND SPACE AT THE FACILITY.
Promotion and auto-renewal terms: If you select a promotional service, please note that the promotion is a one-time offer and may only be redeemed once per person. by accepting this promotional service, you agree that upon the expiration of the promotional period, your service will automatically renew on a monthly basis at the regular, non-promotional rate. you further acknowledge that this auto-renewal will continue unless you provide written notice of cancellation at least Thirty days (30 days) before the next billing cycle. the regular rate for the service will be clearly communicated at the time of your initial purchase and visit, and by agreeing to this promotion, you accept the terms of automatic renewal.
DEFAULT AND LATE PAYMENTS: SHOULD YOU DEFAULT ON ANY PAYMENT OBLIGATION AS CALLED FOR IN THIS AGREEMENT, THE COMPANY WILL HAVE THE RIGHT TO DECLARE THE ENTIRE REMAINING BALANCE IMMEDIATELY DUE AND PAYABLE. MEMBER AGREES TO PAY INTEREST AT A RATE OF 12% PER ANNUM ON ANY PAST DUE AMOUNTS, AND MEMBER SHALL PAY ALL COSTS OF COLLECTION, INCLUDING BUT NOT LIMITED TO COLLECTION AGENCY FEES, COURT COSTS, AND ATTORNEY FEES (INCLUDING PRE-LITIGATION FEES). A DEFAULT OCCURS WHEN ANY PAYMENT DUE UNDER THIS AGREEMENT IS MORE THAN TEN DAYS LATE. IF THE MEMBER IS PAYING MONTHLY DUES BY ELECTRONIC FUNDS TRANSFER (EFT), THE COMPANY, OR THE COMPANY'S DESIGNATED BILLING COMPANY RESERVES THE RIGHT TO DRAFT VIA EFT ALL AMOUNTS OWED BY THE MEMBER INCLUDING ANY AND ALL LATE FEES, INTEREST, AND SERVICE FEES, SUBJECT TO APPLICABLE STATE AND FEDERAL LAW. (NOTE: MEMBERS PAYING MONTHLY DUES BY EFT ARE SUBJECT TO A $50.00 PER MONTH INCREASE OF MONTHLY DUES IF EFT PAYMENT IS STOPPED OR CHANGED TO A COUPON BOOK. THIS WILL NOT AFFECT ANY OTHER PROVISIONS OF THIS AGREEMENT.)
RIGHT TO CHANGE DESIGNATED SERVICE COMPANY: THE COMPANY HEREBY RESERVES THE RIGHT TO CHANGE THE DESIGNATED PERSONAL TRAINING SERVICE COMPANY AT ITS DISCRETION AND WITHOUT WARNING. IF SUCH A CHANGE IS MADE, THE FULL TERMS AND CONDITIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY AND YOU AGREE TO AUTHORIZE THE NEW DESIGNATED PERSONAL TRAINING SERVICE COMPANY TO CONTINUE DRAFTING YOUR ACCOUNT.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: THE COMPANY HEREBY RESERVES THE RIGHT TO CHANGE THE DESIGNATED BILLING COMPANY AT ITS DISCRETION AND WITHOUT WARNING. IF SUCH A CHANGE IS MADE, THE FULL TERMS AND CONDITIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY AND YOU AGREE TO AUTHORIZE THE NEW DESIGNATED BILLING COMPANY TO CONTINUE DRAFTING YOUR ACCOUNT.
MEMBERSHIP FREEZE POLICY: A MEMBER WHO IS MAKING MONTHLY OR BI-MONTHLY PAYMENTS MAY SUSPEND ITS PAYMENT OBLIGATIONS ONCE ITS PHYSICIAN DETERMINES THAT THE MEMBER CANNOT PERFORM CUSTOMARY EXERCISE OR FITNESS ACTIVITIES AND THE MEMBER SUBMITS A NOTE FROM ITS PHYSICIAN STATING THIS. THE SUSPENSION WILL BEGIN TO APPLY ON THE FIRST DAY OF THE FIRST BILLING PERIOD BEGINNING AFTER THIRTY (30) DAYS FROM THE DATE THE PHYSICIAN’S NOTE IS SUBMITTED AND WILL EXTEND FOR AS LONG AS YOU INDICATE EXCEPT THAT NO SUSPENSION MAY LAST MORE THAN NINETY (90) DAYS. SUBJECT TO THE 90-DAY LIMITATION A SUSPENSION WILL TERMINATE ON THE EARLIER OF THE DATE THAT YOU INDICATE OR THE DATE YOU RESUME TRAINING SESSIONS. ONCE THE SUSPENSION TERMINATES THE PAYMENT OBLIGATIONS WILL RESUME WITH THE SAME NUMBER OF PAYMENTS DUE AS WERE DUE PRIOR TO THE SUSPENSION. DURING THE SUSPENSION PERIOD, THE MEMBER MUST PAY $15 PER MONTH. IF THE SUSPENSION ENDS ON A DAY OTHER THAN THE LAST DAY OF A BILLING PERIOD THE COMPANY WILL EQUITABLY APPORTION THE FEES WHICH DETERMINATION BY THE COMPANY WILL BE FINAL AND NON-APPEALABLE ABSENT MANIFEST ERROR.
MEMBER OBLIGATIONS: (1) MEMBER AGREES TO ABIDE BY ALL FACILITY RULES OF USE, FOLLOW THE DIRECTIONS OF THE STAFF REGARDING SAFETY AND SECURITY ISSUES, AND TREAT THE STAFF AND OTHER MEMBERS WITH COURTESY. (2) MEMBER AGREES TO PAY MONTHLY DUES ON TIME, INCLUDING NOTIFYING THE COMPANY PROMPTLY IF BANKING OR CREDIT CARD INFORMATION IS USED FOR AUTOMATIC PAYMENT CHANGES. (3) MEMBER AGREES TO CONTINUE TO FULFILL THE FINANCIAL OBLIGATION OF THIS AGREEMENT, EXCEPT AS ALLOWED BELOW.
AUTHORIZATION FOR USE OF IMAGES AND STATEMENTS: MEMBER HEREBY GRANTS THE COMPANY AND ITS SUBSIDIARIES THE RIGHT AND PERMISSION TO RECORD, USE, PUBLISH, STREAM LIVE, OFFER FOR SALE, OR OTHERWISE DISTRIBUTE ANY AUTHORIZED PHOTOGRAPH, SOUND RECORDING, VIDEO, OR ANY OTHER FORM OF MEMBER'S IMAGE, STATEMENT, OR OTHERWISE IN ANY MEDIUM CURRENTLY AVAILABLE OR LATER DEVELOPED. THIS AUTHORIZATION IS MEANT FOR ANY PURPOSE WHICH THE COMPANY AND ITS SUBSIDIARIES DEEM APPROPRIATE AND NECESSARY, INCLUDING BUT NOT LIMITED TO PROMOTION, PUBLICITY, MARKETING, AND ADVERTISING OF THE COMPANY'S BUSINESS. MEMBER ACKNOWLEDGES AND AGREES THAT THIS AUTHORIZATION IS INTENDED TO BE, AND IS, A GRANT OF A ROYALTY-FREE, NON-EXCLUSIVE, WORLDWIDE, AND IRREVOCABLE LICENSE TO USE ANY RESULTING IMAGES OR SOUND IN PERPETUITY, AND THAT NO MONETARY OR OTHER COMPENSATION WILL BE PROVIDED TO MEMBER FOR SUCH USE. THE MEMBER HAS THE RIGHT TO REVOKE THIS AUTHORIZATION IN WRITING AT ANY TIME BY PROVIDING SUCH WRITTEN NOTICE TO THE COMPANY'S PRINCIPAL PLACE OF BUSINESS. THE REVOCATION WILL NOT AFFECT ANY ACTIONS TAKEN BEFORE THE RECEIPT OF THIS WRITTEN REVOCATION. MEMBER REPRESENTS AND WARRANTS THAT IT HAS THE FULL RIGHT AND AUTHORITY TO GRANT THIS AUTHORIZATION.
CANCELLATION AND REFUNDS
RIGHT TO CANCEL: YOU ARE PERMITTED TO CANCEL THIS AGREEMENT UNTIL 11:59 P.M. OF THE 3RD FACILITY OPERATING DAY AFTER THE DATE ON WHICH YOU SIGNED THE AGREEMENT. IF THE FACILITIES OR SERVICES THAT ARE DESCRIBED IN THE CONTRACT ARE NOT AVAILABLE AT THE TIME YOU SIGN THE CONTRACT, YOU HAVE UNTIL 11:59 P.M. OF THE 3RD FACILITY OPERATING DAY AFTER THE DAY ON WHICH YOU RECEIVED NOTICE OF THEIR AVAILABILITY, TO CANCEL THE CONTRACT. IF WITHIN THIS TIME PERIOD, YOU DECIDE YOU WANT TO CANCEL THIS CONTRACT, YOU MAY DO SO BY NOTIFYING THE COMPANY BY AND IN WRITING DELIVERED TO THE COMPANY AT THE ADDRESS SHOWN ON THE CONTRACT, WITHIN THE PREVIOUSLY DESCRIBED TIME PERIOD. IF YOU DO SO CANCEL, ANY PAYMENTS MADE BY YOU WILL BE REFUNDED WITHIN 21 DAYS AFTER NOTICE OF CANCELLATION IS DELIVERED, AND ANY EVIDENCE OF ANY INDEBTEDNESS EXECUTED BY YOU WILL BE CANCELED BY THE CLUB AND ARRANGEMENTS WILL BE MADE TO RELIEVE YOU OF ANY FURTHER OBLIGATION TO PAY THE SAME.
ADDITIONAL CANCELLATION RIGHTS:
(1) IF DURING THE ORIGINAL TERM OF THIS CONTRACT, YOU RELOCATE MORE THAN A 30-MILE RADIUS FROM THE FACILITY IN WHICH YOU HAVE A MEMBERSHIP WITH AN Strong Hand Fitness PARTICIPATING FACILITY, YOU MAY CANCEL THIS CONTRACT BY PROVIDING A 30-DAY WRITTEN NOTICE AND PROOF OF RELOCATION IN A FORM REASONABLY ACCEPTABLE TO COMPANY. THE SESSIONS THAT WERE PAID FOR WILL BE PRO-RATED IN A MANNER DETERMINED BY THE COMPANY WHICH DETERMINATION SHALL BE FINAL AND NON-APPEALABLE ABSENT MANIFEST ERROR, AND THE CANCELLATION FEE PROVIDED ABOVE SHALL BE PAID TO THE COMPANY BY THE MEMBER. ACCEPTABLE PROOF OF RELOCATION INCLUDES A NEWLY ISSUED DRIVER’S LICENSE WITH AN ADDRESS DIFFERENT FROM THE ONE YOU SIGNED UP WITH OR SHOWN ON YOUR PREVIOUS LICENSE OR A UTILITY BILL IN YOUR NAME WITH YOUR NEW ADDRESS.
(2) IF THE FACILITY LISTED ON THE FIRST PAGE IS UNAVAILABLE DUE TO CONDEMNATION, CASUALTY, OR SERVICE IS NO LONGER PROVIDED BY COMPANY FOR MORE THAN THIRTY (30) CONSECUTIVE DAYS THE MEMBER MAY SEND A NOTICE OF TERMINATION TO THE COMPANY. THE COMPANY SHALL HAVE A PERIOD OF THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE TO DESIGNATE A COMPARABLE ALTERNATE FACILITY WITHIN TEN MILES OF THE FACILITY DESIGNATED ON THE FIRST PAGE. IF THE COMPANY DESIGNATES A QUALIFYING ALTERNATE FACILITY WITHIN THAT TIME PERIOD, THEN THIS AGREEMENT WILL CONTINUE. IF NO SUCH ALTERNATIVE IS DESIGNATED THEN THIS AGREEMENT SHALL TERMINATE WHICH TERMINATION RIGHT IS THE SOLE AND EXCLUSIVE REMEDY OF THE MEMBER FOR ANY NON-AVAILABILITY OF THE FACILITY. FEES ARE STILL DUE AND PAYABLE FROM MEMBER DURING ANY PERIOD OF NON-AVAILABILITY PRIOR TO TERMINATION AND A REFUND WILL NOT BE GRANTED.
(3) ANY PAYMENTS DUE PRIOR TO CANCELLATION TAKING EFFECT WILL STILL BE DUE AND PAYABLE. YOUR ACCOUNT MUST BE CURRENT BEFORE ANY CANCELLATION WILL TAKE EFFECT AND YOU MUST NOT OTHERWISE BE IN BREACH OF THIS AGREEMENT. TO CANCEL FOR ANY OF THE ABOVE REASONS THE MEMBER MUST SEND OR DELIVER A WRITTEN NOTICE TO THE COMPANY TO THE ADDRESS ABOVE.
MEMBERSHIP POLICIES
(1) MEMBER MUST PRESENT UPON ENTERING THE FACILITY HIS/HER MEMBERSHIP CARD. MEMBER AGREES THAT MEMBER MAY BE DENIED ACCESS TO THE FACILITY WITHOUT HIS/HER MEMBERSHIP CARD.
(2) MEMBER AGREES TO ABIDE BY THE TERMS OF ITS AGREEMENT WITH THE OPERATOR OF THE FACILITY AND BY THE RULES OF USE OF THE FACILITY. MEMBER AGREES TO COMPLY WITH STATED AND CUSTOMARY RULES FOR PARTICIPATION AND USE OF EQUIPMENT.
(3) IF MEMBER VIOLATES THIS AGREEMENT AND THE TERMS CONTAINED THEREIN OR ANY OF THE RULES AND REGULATIONS FOR USE OF THE FACILITY, THE FACILITY MAY SUSPEND THE MEMBER'S RIGHT TO USE THE FACILITY UNTIL SUCH TIME AS THE MEMBER PROVIDES THE FACILITY WITH REASONABLE ASSURANCE OF FUTURE COMPLIANCE. DURING THE PERIOD OF ANY SUCH SUSPENSION, THE MEMBER SHALL NOT BE ENTITLED TO A CREDIT FOR ANY PREPAYMENT OF DUES OR OTHER FEES DUE OR PAID PURSUANT TO THIS AGREEMENT NOR SHALL THE MEMBER BE ENTITLED TO ANY TRAINING SESSIONS FROM THE COMPANY. IN THE EVENT MEMBER CONTINUES TO VIOLATE THE TERMS OF THIS AGREEMENT OR THE RULES AND REGULATIONS GOVERNING THE FACILITY, THE MEMBER'S MEMBERSHIP MAY BE TERMINATED BY THE FACILITY, AND THE BALANCE OF THE CONTRACT WILL BE DECLARED DUE AND PAYABLE IN FULL IMMEDIATELY.
(4) MEMBER AGREES THAT HE/SHE SHALL NOT ENGAGE IN ANY TYPE OF COMMERCIAL OR BUSINESS ACTIVITY WHILE USING THE FACILITIES, MEMBER SHALL NOT ACT AS A TRAINER FOR ANY OTHER MEMBERS OR GUESTS, AND ANY ACTS WHICH CONSTITUTE SUCH BUSINESS ACTIVITIES ARE STRICTLY FORBIDDEN. IF MEMBER ENGAGES IN SUCH COMMERCIAL OR BUSINESS ACTIVITIES MEMBER'S MEMBERSHIP SHALL BE SUBJECT TO IMMEDIATE CANCELLATION AND THE BALANCE OF THE CONTRACT WILL BE DECLARED DUE AND PAYABLE IN FULL IMMEDIATELY. THE MEMBER SHALL ALSO PAY OVER TO THE COMPANY ANY FEES OR REVENUES COLLECTED IN CONNECTION WITH SUCH COMMERCIAL ACTIVITIES TO COMPENSATE THE COMPANY FOR THE ADMINISTRATIVE COSTS INCURRED BY THE COMPANY TO SUPERVISE MEMBER.
(5) ARBITRATION: ALL DISPUTES (OTHER THAN CLAIMS BY THE COMPANY FOR THE COLLECTION OF FEES, INTEREST, AND OTHER SUMS OWED IT BY MEMBER) ARISING HEREUNDER SHALL BE RESOLVED THROUGH BINDING ARBITRATION, AS THE EXCLUSIVE DISPUTE RESOLUTION PROCESS UNDER THIS AGREEMENT, BEFORE A SINGLE ARBITRATOR. THE ARBITRATION WILL TAKE PLACE IN THE COUNTY IN WHICH THE FACILITY IS LOCATED UNLESS OTHERWISE AGREED. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON ALL PARTIES AND MAY BE ENFORCED BY A JUDGMENT ENTERED UPON THE ARBITRATION AWARD BY ANY STATE OR FEDERAL COURT. THE MEMBER WAIVES ITS RIGHT TO PARTICIPATE IN ANY “CLASS ACTION” LITIGATION OR “CLASS ACTION” ARBITRATION AGAINST THE COMPANY. THE MEMBER SHALL NOT BE ENTITLED TO RECOVER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES FROM THE COMPANY UNDER ANY CIRCUMSTANCES. IF MEMBER IS NOT THE PREVAILING PARTY IN ANY LITIGATION OR ARBITRATION UNDER THIS AGREEMENT THEN MEMBER SHALL PAY ALL COSTS INCLUDING ATTORNEY FEES INCURRED BY, PAID BY, OR CHARGED TO THE COMPANY IN CONNECTION THEREWITH, AND MUST ALSO PAY ALL COURT COSTS, THE ARBITRATOR’S FEES OR REIMBURSE THE COMPANY FOR SUCH FEES OR COSTS. MEMBER SHALL NEVER BE ENTITLED TO RECOVER MORE THAN THE TOTAL AMOUNT OF FEES PAID BY IT UNDER THIS AGREEMENT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY THE COMPANY. THE MEMBER’S SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY THE COMPANY IS TO SUE THE COMPANY FOR DAMAGES SUBJECT TO THE LIMITATIONS ON DAMAGES CONTAINED HEREIN AND THE MEMBER SHALL NOT HAVE THE RIGHT TO EXCUSE ITS PERFORMANCE UNDER THIS AGREEMENT OR TERMINATE THIS AGREEMENT DUE TO ANY BREACH OF THIS AGREEMENT BY THE COMPANY. THE MEMBER SHALL NOT BE ABLE TO TERMINATE OR CANCEL THIS AGREEMENT OTHER THAN BY THE METHODS EXPRESSLY SET FORTH IN THIS AGREEMENT.
(6) THE PARTIES HEREBY AGREE THAT THE WHOLE AGREEMENT BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF IS CONTAINED IN THIS AGREEMENT AND SHALL SUPERSEDE ANY PRIOR UNDERSTANDINGS, ARRANGEMENTS, COMMITMENTS, OR UNDERTAKINGS OF THE PARTIES, WHETHER WRITTEN OR ORAL, EXPRESS, OR IMPLIED.
(7) MEMBER AUTHORIZES THE COMPANY TO CONTACT MEMBER BY E-MAIL OR TELEPHONE.
(8) THE MEMBER AGREES, REPRESENTS, AND WARRANTS TO THE COMPANY THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM THE COMPANY OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES. THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO THIS AGREEMENT OR ANY OF THE SERVICES TO BE PROVIDED HEREUNDER. THE MEMBER AGREES THAT NEITHER THE COMPANY NOR ANY PERSON AFFILIATED WITH THE COMPANY HAS MADE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO WEIGHT LOSS OR OTHER TYPES OF FITNESS RESULTS.
(9) ALL REMEDIES OF THE COMPANY PROVIDED UNDER THIS AGREEMENT OR AT LAW ARE CUMULATIVE AND NOT EXCLUSIVE.
(10) THE COMPANY REPRESENTATIVE SIGNING THIS AGREEMENT IS SIGNING FOR AND ON BEHALF OF THE COMPANY AND IS NOT SIGNING IN SUCH REPRESENTATIVE’S PERSONAL CAPACITY AND SUCH REPRESENTATIVE IS NOT A PARTY TO THIS AGREEMENT.
(11) THIS AGREEMENT MAY BE AMENDED OR MODIFIED ONLY THROUGH EITHER OF THE FOLLOWING METHODS: (A) BY A WRITTEN AMENDMENT SIGNED BY COMPANY AND THE MEMBER; OR (B) COMPANY HAS THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY SENDING WRITTEN NOTICE OF THE CHANGE TO THE MEMBER AT ITS EMAIL ADDRESS ON FILE WITH COMPANY. IF A MEMBER DOES NOT WISH FOR THE CHANGE TO TAKE EFFECT THE MEMBER MUST NOTIFY COMPANY IN WRITING WITHIN THIRTY (30) DAYS AFTER THE CHANGE IS SENT, AND BEFORE THE MEMBER’S NEXT USE OF A TRAINING SESSION, OTHERWISE THE MEMBER SHALL BE DEEMED TO HAVE CONSENTED TO THE CHANGE. IF A MEMBER USES A TRAINING SESSION AFTER A CHANGE IS SENT THE MEMBER SHALL BE DEEMED TO HAVE CONSENTED TO THE CHANGE WHETHER OR NOT THE THIRTY (30) DAY PERIOD TO OPT OUT HAS EXPIRED. IF A MEMBER TIMELY SUBMITS NOTICE THAT IT DOES NOT WANT A CHANGE TO APPLY THE MEMBER WILL CONTINUE TO BE BOUND BY THE TERMS OF THIS AGREEMENT OTHER THAN THE CHANGES PROPOSED BY COMPANY. NO MEMBER SHALL HAVE THE ABILITY OR RIGHT TO TERMINATE THIS AGREEMENT OR EXCUSE ITS PERFORMANCE UNDER THIS AGREEMENT BY REFUSING ANY CHANGE PROPOSED BY COMPANY AND ANY REFUSAL WILL NOT HAVE THE EFFECT OF TERMINATING THIS AGREEMENT.
(12) THE COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME UPON THIRTY (30) DAYS ADVANCE WRITTEN NOTICE AND MAY TERMINATE THIS AGREEMENT AT ANY TIME AFTER A MEMBER HAS BREACHED THIS AGREEMENT.
(13) THE COMPANY IS NOT RESPONSIBLE FOR AND SHALL NOT HAVE ANY LIABILITY TO MEMBER FOR DAMAGES SUFFERED BY MEMBER FOR (A) THINGS DONE BY SOMEONE OTHER THAN COMPANY, (B) PROBLEMS STEMMING FROM OPERATION OR NON-OPERATION OF SOFTWARE, TELECOMMUNICATIONS SYSTEMS, COMPUTER SYSTEMS, OR OTHER TECHNOLOGY, (C) THINGS BEYOND THE REASONABLE CONTROL OF COMPANY INCLUDING ACTS OF GOD, RIOTS, WARS, TERRORISM, HURRICANES, TORNADOS, BLIZZARDS, THUNDERSTORMS, AND OTHER WEATHER EVENTS. MEMBER AGREES THAT THE FACILITY WHERE TRAINING SESSIONS ARE TO BE PERFORMED MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO REPAIR AND MAINTENANCE ACTIVITIES, REBUILDING, REMODELING, CLEANING, FITNESS CLASSES, AND TRAINING SESSIONS WITH OTHER CUSTOMERS. IF ANY OF THESE EVENTS OCCURS THE COMPANY SHALL HAVE THE RIGHT TO CANCEL SCHEDULED TRAINING SESSIONS OR REQUIRE FUTURE TRAINING SESSIONS TO BE SCHEDULED AT TIMES SO AS NOT TO CONFLICT WITH SUCH EVENTS.