I understand and agree that Yes Fitness is not responsible to any person for injury (or loss of property) while that person is practicing, taking class, competing, participating in open gym, or in any other way involved in any activities while on the premises for any reason whatsoever, including ordinary negligence on the part of Yes Fitness its owners, board of directors, officers, agents, employees, or trainers (collectively referred to as the “Yes Fitness” hereafter). I understand and agree that Yes Fitness may use all available means to enforce this policy, including electronic surveillance.

I have consulted my physician before starting to use the facilities of Yes Fitness and I agree to maintain regular consultations with a physician. I understand and agree that Yes Fitness bears no responsibility whatsoever for my physical health.

In consideration for my access to Yes Fitness facilities, I hereby agree not to sue, and release My Fitness Empire from any and all past, present, or future claims resulting from accidents, acts of God, errors, omissions, or ordinary negligence on the part of Yes Fitness for property damage, personal injury, or wrongful death arising out of my engaging in, or receiving instruction in weight lifting, weight-training, exercise routines, or any other activities related to the use of Yes Fitness facilities, or training by any person, regardless of whether that person is or is not working on behalf of Yes Fitness and regardless of wherever, whenever, or however such a claim may arise. I voluntarily waive any and all claims under this agreement that may be made by me, my family, estate, heirs or assigns.

I understand and agree that this waiver, and covenant-not-to-sue, are intended to be as broad and as inclusive as permitted by the laws of the State of Texas and I agree that if any portion is held invalid, the remainder of the waiver, and covenant-not-to-sue will continue in full legal force and effect. I further agree that the jurisdiction and venue for any legal proceedings arising out of this agreement will be within the State of Texas.

HOW TO CANCEL YOUR MONTHLY DUES MEMBERSHIP: You may cancel your membership (and thereby the continued billing of the monthly dues through EFT/CC) by providing written notice of your request at least thirty (30) days prior to your billing date. If the notice is received within the first 12 months, there will be a $50 cancellation fee. Send the written notice, by email, to yesfitnessthewoodlands@gmail.com. If the notice is dated at least 30 days prior to your next billing date, no further billing will occur. If the notice is dated less than thirty (30) days prior to your next billing date one more billing will occur. In either case, the last month’s prepaid dues will extend your membership expiration by an additional 30 days or more, depending on your original sign up date.

EFT/CC REQUEST: to the extent permitted by law, you hereby authorize us to initiate separate EFT/CC charges from the account identified above and/or any replacement or substitute account (the “Account”) for the following amounts: (1) the Balance Due shown above, if not otherwise paid within 30 days after the date of this Agreement; (2) your monthly dues, prior to cancellation or freeze, if you are a monthly dues member, (3) any one-time or monthly fees we charge if you request a freeze of your Membership (currently ranging from $5-$20 per month, or a one-time fee ranging from $15-$100 depending on length, but subject to change); (4) your monthly dues, or a pro-rated portion thereof on reactivation of your membership following any freeze; (5) a $30 return fee for any EFT/CC charge that is returned unpaid; (6) a yearly maintenance fee of $65 per member due each September; and (7) any other fee for services we provide you from time to time that you authorize but do not otherwise pay.

YOUR EFT/CC BILING DATE: Your monthly dues will automatically be billed and collected electronically once a month, beginning immediately after signing this Agreement. Your monthly billing date will be based on the day you join. If your billing date falls on a holiday or weekend, more than likely your dues will be drafted the days before.

HOW TO CANCEL YOUR MONTHLY DUES MEMBERSHIP: You may cancel your membership (and thereby the continued billing of the monthly dues through EFT/CC) by providing written notice of your request at least thirty (30) days prior to your billing date. If the notice is received within the first 12 months, there will be a $50 cancellation fee. Send the written notice, by email, to yesfitnessthewoodlands@gmail.com. If the notice is dated at least 30 days prior to your next billing date, no further billing will occur. If the notice is dated less than thirty (30) days prior to your next billing date one more billing will occur. In either case, the last month’s prepaid dues will extend your membership expiration by an additional 30 days or more, depending on your original sign up date.

EFT/CC REQUEST: to the extent permitted by law, you hereby authorize us to initiate separate EFT/CC charges from the account identified above and/or any replacement or substitute account (the “Account”) for the following amounts: (1) the Balance Due shown above, if not otherwise paid within 30 days after the date of this Agreement; (2) your monthly dues, prior to cancellation or freeze, if you are a monthly dues member, (3) any one-time or monthly fees we charge if you request a freeze of your Membership (currently ranging from $5-$20 per month, or a one-time fee ranging from $15-$100 depending on length, but subject to change); (4) your monthly dues, or a pro-rated portion thereof on reactivation of your membership following any freeze; (5) a $30 return fee for any EFT/CC charge that is returned unpaid; (6) a yearly maintenance fee of $65 per member due each September; and (7) any other fee for services we provide you from time to time that you authorize but do not otherwise pay.

Authorized EFT/CC payments may be separately initiated or, to the extent permitted by law, combined with other authorized EFT/CC payments. You may cancel your EFT/CC authorization for the payment of monthly dues only by giving us 30 day written notice of termination. Any notice of termination will not apply to amounts that are due and unpaid at the time the termination takes effect.
Buyer agrees that Yes Fitness may provide Buyer’s personal contact information to independently operated businesses within the Club and Buyer consents that such businesses may contact Buyer (including by phone) concerning available services or promotions.
By signing this Agreement, Buyer acknowledges that Buyer is of legal age, has received a filled-in and completed copy of this Agreement, identifying the membership type and services purchased, has read and understands the entire Agreement, including but not limited to the EFT/CC Request, the Release and Waiver of Liability and Indemnity, and Club Rules and Regulations provided herewith. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and Yes Fitness. Yes Fitness has made no express or implied warranties or representation, other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement. Yes Fitness recommends that you consult your physician prior to beginning any exercise or weight loss program. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement. Personal Training is non-refundable.

If you decide you do not wish to remain a member of this health club, you may cancel this contract by mailing to the club by midnight of the third business day after the day you sign this Agreement a notice stating your desire to cancel this Agreement. The written notice must be mailed by certified mail to the following address Yes Fitness 3335 College Park Dr, The Woodlands, TX 77384