This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into between
Life Advocate Fitness, LLC, (the “Gym”), and ____________________________________________(the “Member”).
1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to the gym facility, Life Advocate Fitness, LLC. By signing below, Member agrees to be bound by all of the terms and conditions set forth in this Agreement.
2. Term: Unless earlier terminated in accordance with Section 3, the initial term of this Agreement shall begin on the Effective Date and shall end at the close of business on the day immediately prior to the 1st anniversary of the Effective Date (the “Initial Term”).
Unless earlier terminated in accordance with Section 3, after the Initial Term, this Agreement shall continue in effect on a month to month basis (each, a “Subsequent Monthly Term” and together with the Initial Term, the “Term”) until 30 days after Member delivers written notice of termination to Life Advocate Fitness, LLC. at the address 1410 14th Street Huntsville, TX. Each Subsequent Monthly Term shall begin on a monthly anniversary of the Effective Date and end at the close of business on the day immediately prior to the next monthly anniversary of the Effective Date.
3. Termination: This Agreement may be terminated by Life Advocate Fitness, LLC.(i) at any time if Member breaches this Agreement; or (ii) 30 days after Life Advocate Fitness, LLC. delivers written notice of termination to Member. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination to Life Advocate Fitness, LLC., at the address set forth above (or such other address as Life Advocate Fitness, LLC. shall notify Member in writing): (a) if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to Life Advocate Fitness, LLC. or (c) Member moves Member’s residence more than 25 miles from the gym facility.
4. Pricing: Life Advocate Fitness, LLC. offers Monthly Membership, and Personal Training on a Bi-Weekly, Monthly and Yearly basis.
5. Payment: As of the Effective Date, Member pays to the Gym the current market rate, which covers the period beginning of each month, on the effective date.
Upon agreeing to Terms and Conditions, Member hereby authorizes and directs Life Advocate Fitness, LLC or its agents to charge the payment to the Member automatically. Cash payments are accepted, however, an active card number must be retained.
6. Monthly Enhancement Fee: Member acknowledges the bi-annual fee, here forward known as ‘Monthly Enhancement Fee’ in the amount of $10. This fee is designated to cover upgrade costs for the gym facility. ‘Monthly Enhancement Fee’ notice will be given (1) month prior to bill date. Fee will incur twice a year, June 1 and December 1, of every calendar year.
7. Instruction: Member’s ability to attend training and receive instruction at Life Advocate Fitness, LLC. each payment period is conditioned on Life Advocate Fitness, LLC. receipt of the Payment. Life Advocate Fitness, LLC. shall have the right to suspend Member’s membership at any time and from time to time during any period that Member is not current in the Payment. All instruction shall be provided at the Gym’s business located at 1410 14th Street Huntsville, TX or at such other location determined by the gym facility in its sole discretion. All instruction shall be offered at such times as determined by the gym facility in its sole discretion. Life Advocate Fitness, LLC. reserves the right to change its training schedule or the frequency thereof at any time and from time to time within a 24 hour advance notice to the Member. Member reserves the right to cancel or move time within the same business day, with provided written or oral notice. No contact cancellations, otherwise considered as ‘No Call, No Show’, will be subject to inability to reschedule, resulting in missed scheduled session. ‘No Call, No Show’ appointments will not be considered waiver of payment for missed session.
8. Policies and Rules: Member hereby acknowledges that the Member has read and understands Life Advocate Fitness, LLC rules and procedures. The Member further acknowledges that Life Advocate Fitness, LLC has the right to change the Gym Rules at any time and for any reason. The Member hereby agrees to comply with and be bound by the Gym Rules, as the same may be amended from time to time.
9. Representation of Life Advocate Fitness, LLC: Member agrees that Member shall not, without the prior written consent of the Life Advocate Fitness, LLC., hold themself out publicly as representing the gym facility in any manner, including, but not limited to, as a professional or amateur fighter, any physical/athletic venture, on social platforms or sponsored events not held exclusively by Life Advocate Fitness, LLC.
10. RELEASE OF LIABILITY.
(a) The Member acknowledges that participation in personal training or instructional classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in gym facility instruction and the gym facility, and that member is hereby assuming such risks voluntarily.
(c) The Member hereby releases and agrees to indemnify and hold the gym facility and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the gym facility personal training, including, but not limited to, any claims based on the gym facility’s negligence.
(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending gym classes or participating in the gym facility. Alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in personal training or self-led physical activity.
11. Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.
12. Entire Agreement: This Agreement constitutes the entire agreement between the Member and Life Advocate Fitness, LLC. with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.
13. Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
14. Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of the Gym. Gym may assign this Agreement and/or its rights and obligations hereunder in its sole discretion.
15. Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.
16. Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.
17. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
18. Arbitration. Any dispute arising out of, or related to, this Agreement shall be resolved by and through an arbitration proceeding conducted under the auspices of the assigned Arbitrator in a neutral arbiter body, and the parties hereto hereby irrevocably agree to submit any such dispute solely and exclusively to assigned Arbitrator. The arbitration proceeding shall be conducted under the commercial arbitration rules (formal and informal) of the neutral arbiter body in as expedited a manner as is then permitted by such rules. Both the foregoing agreement of the parties to arbitrate any and all such disputes, and the results, determinations, findings, judgments or awards rendered through any such arbitration shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.
19. Attorneys’ Fees; Cost of Collection. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by Life Advocate Fitness, LLC.
By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and conditions.
YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE. THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO:
Attn:
Life Advocate Fitness, LLC.
1410 14th Street Huntsville, TX 77340
Images Addendum
In consideration for being permitted by Life Advocate Fitness to participate in fitness activities and use its facilities, I, the undersigned, hereby acknowledge and agree to the following:
I understand and acknowledge that there are inherent risks associated with fitness activities and the use of gym facilities, including but not limited to the risk of personal injury, property damage, and loss.
I voluntarily assume all risks associated with my participation in fitness activities and the use of gym facilities, including the risk of bodily injury, death, or property damage, whether caused by negligence or otherwise.
I hereby release, waive, discharge, and covenant not to sue Life Advocate Fitness, its owners, officers, directors, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including but not limited to bodily injury, death, or property damage, that may be sustained by me or to any property belonging to me, whether caused by negligence or otherwise. I understand and agree that this waiver and release of liability shall be binding on me, my heirs, executors, administrators, legal representatives, successors, and assigns.
Liability Limitation
I understand and acknowledge that I am responsible for any damages or losses caused by my actions or negligence while on the premises of Life Advocate Fitness. I understand that I am liable for damages up to $100,000.
I further understand that intentional damage, vandalism, or theft is a serious offense and may result in legal action being taken against me. If I am a minor, my parent or legal guardian will be held liable for any damages or losses caused by my actions.
Acknowledgment
I acknowledge that I have read and understood the terms outlined above. By signing below, I agree to adhere to the rules and regulations of Life Advocate Fitness and accept responsibility for any damages or losses incurred due to my actions or negligence.
Code of Conduct and Behavior Acknowledgment
I, _____________________________________________ hereby acknowledge that I have received, read, and understand the Code of Conduct and Behavior policy of Life Advocate Fitness. I understand that this policy outlines the expected behavior and standards of conduct within the gym premises, including interactions with staff and fellow members.
By signing this acknowledgment, I agree to abide by the following principles and guidelines:
Respectful Behavior: I will conduct myself respectfully and courteously towards all staff members, trainers, and fellow gym members.
Non-Discrimination: I understand that Life Advocate Fitness does not tolerate discrimination or hate speech of any kind based on race, ethnicity, gender, sexual orientation, religion, or any other protected characteristic.
Safety: I will prioritize the safety of myself and others by following all safety protocols, including properly using equipment and maintaining cleanliness in shared spaces.
Compliance with Policies: I agree to comply with all gym policies and procedures, including those related to equipment usage, class schedules, and facility access.
Right to Refuse Service: I acknowledge that Life Advocate Fitness reserves the right to refuse service to anyone who violates the Code of Conduct or engages in behavior deemed inappropriate by gym management, regardless of membership status.
Amendment Rights: I understand that Life Advocate Fitness reserves the right to amend or update the Code of Conduct and Behavior policy as needed, and it is my responsibility to stay informed about any changes. I understand that current policies can be listed on the Life Advocate Fitness page for public view.
I understand that failure to comply with the Code of Conduct may result in disciplinary action, including termination of membership privileges.
Privacy Policy and Media Release Form
Life Advocate Fitness is committed to protecting the privacy and security of your personal information. This Privacy Policy outlines how we collect, use, and protect your data. By signing this form, you acknowledge that you have read, understood, and agree to our Privacy Policy.
Collection of Personal Information:
We collect personal information, such as your name, contact details, and health information, to provide you with our services and ensure your safety during gym activities. We only collect information that is necessary and relevant to our operations.
Use of Personal Information:
Your personal information may be used for the following purposes:
Membership administration and communication
Emergency contact and medical purposes
Improving our services and facilities
Marketing and promotional activities (with your consent)
Protection of Personal Information:
We implement appropriate security measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. We will not sell, rent, or trade your personal information to third parties without your consent.