I understand and agree that Yes Fitness, Fast Fitness, and My Fitness Empire 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, Fast Fitness, and My Fitness Empire, its owners, board of directors, officers, agents, employees, or trainers (collectively referred to as the “My Fitness Empire” hereafter). I understand and agree that My Fitness Empire may use all available means to enforce this policy, including electronic surveillance.
I have consulted my physician before starting to use the facilities of My Fitness Empire and I agree to maintain regular consultations with a physician. I understand and agree that My Fitness Empire bears no responsibility whatsoever for my physical health.
In consideration for my access to My Fitness Empire 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 My Fitness Empire 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 My Fitness Empire facilities, or training by any person, regardless of whether that person is or is not working on behalf of My Fitness Empire 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.
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.
HOW TO CANCEL YOUR PREPAID QUARTERLY, SIX MONTH, OR YEARLY
MEMBERSHIP: You may cancel your prepaid membership at any time, there will be no
refund and no cancellation fee. All prepaid memberships auto renew at the end of the
term, however long it may be, unless you provide a 30 day notice to cancel the auto
renewal via email to: yesfitnessthewoodlands@gmail.com
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.
PERSONAL TRAINING: If the monthly payment option is chosen, it is a minimum 4
month commitment. The sessions must be used weekly. In the event you are not able
to use the sessions, you will still be responsible for the payments but your training
sessions will be saved for you for 6 months. If you choose to prepay for the personal
training package, the sessions purchase expire in 6 months from the date of purchase.
Personal training sessions require a 24 hour cancellation, if the cancellation is not within
that window, your session will be used.
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 accepting this Member Agreement Buyer acknowledges that Buyer is of legal age,
has received an emailed copy of this Agreement, and receipt 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 & Membership Fees
are 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 via FedEx to the following address Yes Fitness 3335
College Park Dr, Suite 200, The Woodlands, TX 77384
