MEMBERSHIP TERMS & CONDITIONS
Members must be 16 years old or older unless directly supervised by a parent or guardian. Members must enter and exit the premises through the main entrance. Member’s entry card/fob must be scanned each time the Member enters the premise. The entry card/fob is for the sole use by Member to which the card/fob was issued. Unauthorized use of the entry card/fob will result in termination and default of membership.
Dues: Member agrees to promptly pay all the monthly charges. The first month’s dues or pro-ration thereof will be due upon signing the Agreement. Dues will be billed by the 7th day of each month and are due and payable with or without a statement. If delinquent more than 60 days, Results Fitness, LLC (“The Company”) may cancel Member’s membership and begin collection proceedings to satisfy Member’s total financial obligations, including termination payments, under this Agreement. Reactivating membership upon cancellation will require payment of a new joining fee. Member understands and agrees that the amount of monthly dues is based on current sales tax rates and the amount collected may be adjusted should sales tax rates change. All replacement key fobs are $10.
Cancellations/Assignment: Member may cancel this Agreement without penalty within three (3) days from the date of the Agreement or if Member moves more than 25 miles out of the area. Otherwise, Member may terminate the Agreement with a penalty payment of $100 or one-half (½) of the remaining monthly payments due until the Agreement terminates, whichever is greater. Failure to use the membership does not relieve Member of liability for payment. Member’s membership is non-transferable and non-refundable, and may not be assigned or cancelled by Member, except as provided in this Agreement.
Term: After Member has completed the term of his or her membership (as set forth on the reverse), Member’s membership will automatically renew for another period of equal length unless Member provides the Company written notice of cancellation at least 30 days prior to the renewal date. Membership can be frozen for up to 90 days in each 12 month period.
Rules and Regulations: Member agrees to abide by the rules and regulations that may be promulgated from time to time by the Company. Member agrees that violation of such rules and regulations may cause Member to be asked to leave the premises and or Member’s membership to be immediately terminated and placed into default at the sole discretion of the Company.
No Waiver: The Company does not waive its right to have future payments made when due if the Company accepts a late or partial payment or delays in the enforcement of its rights on any occasion.
Default: If Member in any way defaults in the performance of his or her obligations under this Agreement, then the Company may immediately demand and be entitled to payment of all unpaid installments and termination payments. If Member’s failure to pay any one or more of the payments due under this Agreement results in the Company retaining an attorney for collection of the payments due hereunder, Member will be responsible for the payment of court costs and reasonable attorney fees and collection costs.
Liability Waiver: It is agreed that all use of Results Fitness Center will be undertaken by Member at his or her own risk. The Company expressly disclaims all warranties, express or implied. It is further agreed that the Company, its owners, members, mangers, employees, representatives, and agents will not be liable for any damages – direct, consequential, exemplary, special, punitive, or otherwise – arising from personal injuries sustained by Member on or about the Company’s premises or as a result of Member’s use of the equipment therein. Member’s sole and exclusive remedy for breach by the Company will be the return of any pre-paid membership dues. Member accepts full responsibility of any injuries or damages that may occur to the Member on or about the Company’s premises and further agrees that the Company will not be liable for any damage, loss or theft of Member’s personal property. Member does hereby fully and forever release and discharge the Company, its owners, members, managers, employees, representatives, and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether they be known or unknown, anticipated, or unanticipated, resulting from or arising out of Member’s use or intended use of the Results Fitness Center and equipment therein.
Member’s Physical condition: Member represents and warrants that Member is in good physical condition and that he or she has no disability, impairment or ailment preventing him or her from engaging in active or passive exercise or that may be detrimental or inimical to his or her health, safety, comfort, or physical condition if he or she does so engage or participate.
Unavailability of Facility: The Company reserves the right, and without prior notice to Member, to temporarily close Results Fitness Center or a portion thereof, for remodeling, improvements or repairs. The Company reserves the right to permanently close Results Fitness Center and in such event, the Member’s membership will be terminated.
b Member agrees to be subject to the control and guidance of all the Company staff while on the premises and will follow the instructions of the staff. Member agrees to conduct himself or herself in a quiet, well-mannered fashion while on the premises. Proper attire, including shirts and closed-toe athletic footwear, must be worn at all times. Dropping weights is prohibited. Damage to Company property will be paid for by any Member that willfully or neglectfully causes such damage, including damage caused by Member’s guest or dependent.
Indemnification: Member agrees to indemnify and hold the Company harmless for any and all liability, loss, claims, expenses (including attorneys fees), and other damages (collectively, “Damages”) resulting from a breach of this Agreement or caused by member in connection with his/her use of the Company or the equipment therein, including property damage, personal injury or death.
Guests: Membership does not include the right to extend the use of the Company to guests without an Agreement signed by each guest. Notwithstanding the previous sentence: (i) any act or omission of a Member’s guest will be deemed to be an act or omission of the Member for the purposes of this Agreement; and (ii) if Member’s guest makes a claim against the Company for personal injury or otherwise, then Member will indemnify and hold the Company harmless from any and all Damages arising from such claim(s).
General: The provisions of this Agreement are severable. If any provision of this Agreement is declared to be void, valid or unenforceable, it is the intention of the parties to this Agreement that the remainder of this Agreement remain valid and enforceable. This Agreement and the rules and regulations referenced herein represent the entire agreement between the Company and Member. The Company will have all rights and remedies provided by law and the remedies provided in this Agreement are cumulative. The laws of the State of Arkansas govern this Agreement.