LIABILITY WAIVER:
Member understands that although Strongfound Personal Training facilities, equipment, services, and programs are designed to provide a safe level of beneficiary exercise, there is an inherent risk that using the facilities, equipment, services, and programs may result in injury. The member agrees to specifically assume all risk of injury and waives any and all claims or actions he/she may have or his/her heirs, executors, administrators, personal representatives, guardians, successors, and assigns may have against Strongfound Personal Training, its owner, and its employees, as a result of injury and death.
GYM MEMBERSHIP:
Subject to the terms and conditions of this Agreement, The Gym agrees to provide Member with a membership to The Gym, including (a) access to the recreational and fitness activities generally made available by The Gym and The Gym's employees and contractors to The Gym's members (the "Activities"), (b) use of the equipment generally made available by The Gym to its members (the "Equipment"), and (c) access to the facility generally made available by The Gym to its members (the "Facility") during The Gym's normal business
hours.
Member agrees to enter into this agreement with Strongfound Personal Training on this date. By your signature below, the member agrees to have read all policies and fully understands the scope of this agreement as it relates to services offered, frequency of facility use, payment, membership cancellation, etc.
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Terms and Conditions
THE UNDERSIGNED PRIMARY MEMBER AND ANY ADDITIONAL MEMBERS (COLLECTIVELY, THE "MEMBER") HEREBY APPLY FOR A GYM MEMBERSHIP AT STRONGFOUND PERSONAL TRAINING LLC (HEREAFTER REFERRED TO AS THE "GYM") AND, IF ACCEPTED, AGREES TO THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WAIVER AND RELEASE OF LIABILITY SET FORTH BELOW:
Member agrees to pay promptly following the execution of this Agreement of the initial monthly rate (or installments) as set forth herein or as otherwise modified by The Gym under the terms of this Agreement (the "Dues") as they become due. The first month's Dues thereof will be due upon signing this Agreement. Dues will be billed and drafted on Member's ANNIVERSARY DATE of the month (day of the month the agreement was signed) and are due and payable on such date with or without a statement. If Dues are delinquent for more than 60 days, The Gym may cancel Member's membership and begin collection proceedings to satisfy Member's obligations under this Agreement. A 30-day notice will be given by The Gym to Member whenever there will be an increase in Dues. Member may terminate his or her membership during such 30-day period following the notice of Dues increase by delivering a written document requesting termination to 2540 Broadway St., Ste B Pearland, TX 77581, signed by Member to The Gym pursuant to the Termination paragraph set forth below.
Primary Member hereby authorizes Strongfound Personal Training to utilize the information set forth to withdraw from Primary Member's bank account or charge to Primary Member's credit card, as applicable, funds in the amount of the Initial Monthly Rate (as may be adjusted from time to time) and/or other amounts due pursuant to this Membership Agreement (the "Agreement"), and both Primary Member and any Additional Members (collectively, the "Member") hereby agree to all of the terms and conditions of the Membership Agreement contained herein.
Termination:
In no event shall Member's verbal termination, notice or expression of intent to The Gym or any employee, contractor or other representative of The Gym regarding termination constitute notice of termination or effective termination of this Agreement. Further, failure by Member to utilize the Activities, Equipment, or Facility, or any other services or amenities offered by The Gym shall not relieve Member of liability for payment hereunder or constitute notice of termination or termination hereof. A Member that shall receive a term membership hereunder ("A Term Member") shall not be eligible to terminate the monthly dues liability for payment until the stated term is fulfilled. If Member shall have a month-to-month membership hereunder (a "Month-to-Month Member"), such Member may terminate this Agreement only by delivering to the Gym by hand delivery or certified mail to 2540 Broadway St., Ste B Pearland, TX 77581, or electronic mail (to an authorized representative at The Gym's electronic mail address) with a return or read receipt requested, a written document signed by such Member, terminating the Agreement which such document may consist of a form, approved by The Gym for the purpose of terminating the Agreement or a dated, written document expressly stating Member's intent to terminate the Agreement, signed by Member. The date of termination of this Agreement (the "Termination Date") pursuant to the foregoing shall be 30 days following the Member's ANNIVERSARY DATE of the month after which the Termination Document is received by The Gym. If Member does not deliver the Termination Document to The Gym in accordance herewith, this Agreement shall continue in full force and effect, Member shall be continued to be charged for Dues hereunder, and Dues shall be withdrawn from Member's credit card or bank account. The Gym may terminate Member's membership and this Agreement immediately upon notice to Member, and Member shall not be charged Dues past the effective date of such termination by The Gym.
Notwithstanding the foregoing,
IF A MEMBER DIES OR BECOMES TOTALLY AND PERMANENTLY DISABLED AFTER THIS AGREEMENT TAKES EFFECT, SUCH MEMBER OR SUCH MEMBER'S AUTHORIZED REPRESENTATIVE OR THE REPRESENTATIVE OF SUCH MEMBER'S ESTATE MAY TERMINATE THIS AGREEMENT AND RECEIVE A PARTIAL REFUND OF THE UNUSED MEMBERSHIP FEE BY MAILING A WRITTEN NOTICE IN ANY FORMAT TO THE GYM STATING DESIRE TO CANCEL THIS AGREEMENT. THE GYM MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO 2540 BROADWAY ST., STE B PEARLAND, TX 77581; OR
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE IN ANY FORMAT STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: 2540 BROADWAY ST., STE B PEARLAND, TX 77581; AND
FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECTETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.
LIABILITY WAIVER:
Member understands that although Strongfound Personal Training facilities, equipment, services, and programs are designed to provide a safe level of beneficiary exercise, there is an inherent risk that using the facilities, equipment, services, and programs may result in injury. The member agrees to specifically assume all risk of injury and waives any and all claims or actions he/she may have or his/her heirs, executors, administrators, personal representatives, guardians, successors, and assigns may have against Strongfound Personal Training, its owner, and its employees, as a result of injury and death.
GYM MEMBERSHIP:
Subject to the terms and conditions of this Agreement, The Gym agrees to provide Member with a membership to The Gym, including (a) access to the recreational and fitness activities generally made available by The Gym and The Gym's employees and contractors to The Gym's members (the "Activities"), (b) use of the equipment generally made available by The Gym to its members (the "Equipment"), and (c) access to the facility generally made available by The Gym to its members (the "Facility") during The Gym's normal business
hours.
Member agrees to enter into this agreement with Strongfound Personal Training on this date. By your signature below, the member agrees to have read all policies and fully understands the scope of this agreement as it relates to services offered, frequency of facility use, payment, membership cancellation, etc.
Strongfound Personal Training
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THE CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BY MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
STRONGFOUND PERSONAL TRAINING
2540 BROADWAY ST.
STE B
PEARLAND, TX 77581