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Fees and Dues:
Enrollment Fee: To establish and qualify for membership, member agrees to pay a onetime enrollment fee of $______________. Enrollment fee is non-refundable.
Monthly Dues for the membership selected are $_____________ per month plus tax. Monthly dues for the following month, along with authorized member charges will be collected electronically on the 1th of each month. All members must provide Electronic Funds Transfer information required below. In the event we are unable to collect payment electronically, the member will be notified and payment must be made by other means, no later than the 10th day of the month in order to maintain membership privileges.
I understand that all Enrollment Fees and Membership dues are subject to applicable state sales tax.
I understand that all agreements are 8-months and will automatically renew on a month-to-month basis until cancelled by the member or by Evolution Fitness.
I understand that my account will be charged and billed with the monthly billing for any programs and services not paid at time of registration.
Evolution Fitness dues must be current at all times or fitness membership can be suspended or terminated.
BUYERS RIGHT TO CANCEL OR TERMINATE. Members have the right to cancel this contract within three (3) business days after signing of this contract. Members must pay all current charges prior to termination. Evolution Fitness Enrollment Fees are non-refundable. If client wishes to terminate membership prior to the fulfillment of the 8 months a $50.00 cancelation fee (per member) shall be paid to evolution fitness. I (Member) hereby authorize Evolution Fitness to effect payment for monthly dues and approved membership charges for the duration of my membership through electronic funds transfer or charged to credit card. This authorization is to remain in full effect until Evolution Fitness has been PRESENTED AND DELIVERD BY ME WRITTEN NOTIFICATION on cancellation. Cancellation must be given 15 days prior to date they wish to cancel membership.
I/We hereby agree to accept and abide by the terms of this Membership Application and Agreement. I/We understand that this membership agreement is for a term of (8) months and will continue thereafter on a month-to-month basis unless cancelled by me or evolution fitness.
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Member Date
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Accepted by Date
Evolution Fitness LLC
Agreement & Liability Release Form
1. PROVISIONS. Evolution Fitness will provide an equipped exercise facility including, elliptical, treadmills, circuit training equipment and free weight training area. In order to keep the facility in the best possible condition a portion of Evolution Fitness may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.
2. MEMBERS HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities Evolution Fitness under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such persons health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) Evolution Fitness will rely on the foregoing warranty in issuing the Membership; 2) Evolution Fitness shall have no obligation to perform a fitness assessment or similar testing to determine the Members physical condition; 3) if any fitness assessment or similar testing is performed by Evolution Fitness, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) Evolution Fitness shall not be subject to any claim, demand, or injury whatsoever on account of Evolution Fitnesss evaluation or interpretation of such fitness assessment or similar testing. 5) The Evolution Fitness Club shall not be liable for any injury arising out of the members disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such persons health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY. Each member of Evolution Fitness shall be liable for any property damage and/or personal injury (caused by the Member, Members Family, Guest or any other person) at Evolution Fitness or any activity or function operated, arranged or sponsored by Evolution Fitness. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the Evolution Fitness Facilities, or participation in, the Evolution Fitness, activities operated, arranged or sponsored by Evolution Fitness either on or off of the Evolution Fitness Facilities premises by the Member, Members Family or Guest(s) shall be AT SUCH PERSONS OWN RISK, and Evolution Fitness Club shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Members personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge the Evolution Fitness, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
4. Acknowledgment of Risks, Injury & Obligations
I acknowledge that the activity I am to undertake is a dangerous activity and that by participating in it I am exposed to certain risks. I acknowledge and understand that no supervision or staffing will be provided at times. As this is a 24 hour access fitness facility:
I may be injured, physically or mentally, or may die;
My personal property may be lost or damaged;
Other persons participating in such activity may cause me injury or may damage my property
I may cause injury to other persons or damage their property
The conditions in which the activity is conducted may vary without warning
I may be injured or die or suffer damage to my property as a result of the negligence
There may be no or inadequate facilities for treatment or transport of me if I am injured
I assume the risk of and responsibility for any injury, death or property damage resulting from my participation in the activity.
5. Release and Indemnity
I participate in the activity at my sole risk and responsibility. I release, indemnify and hold harmless Evolution Fitness, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever.
6. Administration
Appropriate covered footwear & a shirt must be worn at all times while in the gym facility.
Memberships are not refundable or transferable.
All weights and equipment must be put back after use.
Photo ID cards (ie student card or drivers license) must be carried and shown upon request.
Shared gym access with a non-member will result in forfeiture of membership effective immediately.
Each member must respect other gym users and behave in an appropriate manner at all times.
No audio devices other than person headphones are permitted
Evolution Fitness Staff reserves the right to rescind the rights of members not complying with the terms and conditions of the membership.
Anyone under the age of 18 may only use the facilities during staffed hours of operation, or must be accompanied by their legal Guardian at all times during any and all activities associated with Evolution Fitness.
7. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of Evolution Fitness by other members and staff for any reason deemed sufficient in the sole discretion of Management.
8. UNPAID BALANCES. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to:
1. Collect the current and past due balance.
2. Suspend and/or terminate membership privileges.
3. Recover from Member(s) any collection fees, court costs, and reasonable attorneys fees agreed to be 30% of the entire balance due and owing.
4. Collect a service fee of $30.00 for any check or draft payable to Evolution Fitness which is not honored.
9. AGREEMENT AND RELEASE OF LIABILITY. Evolution Fitness will provide access to the building using a FOP card system. I acknowledge the supervision is not always provided at the facility. I acknowledge that use of the FOP system by someone other than myself will result in loss of membership. ___________ Initials
10. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.