This Gym Membership Agreement (hereinafter referred to as the "Agreement") is made and shall be effective as of [Agreement Effective Date] (hereinafter referred to as the "Effective Date"),
By and Between
[Gym Name] (hereinafter referred to as the "Gym"), located at [Gym Address], and;
[Member Name] (hereinafter referred to as the "Member"), residing at [Member Address].
The Gym and the Member are collectively referred to as the "Parties" and individually as the "Party."
The Gym offers personal training and group fitness classes, and the Member wishes to participate in these classes and enjoy the other amenities offered, including, but not limited to, lockers, changing rooms, and showers, unless otherwise noted.
MEMBER DETAILS.
(a) Member Name: [Member Name]
(b) Sex: [Member Gender]
(c) Address: [Member Address Details]
(d) Date of Birth: [Member Date of Birth or Birth Date]
(e) Phone: [Member Contact Number]
(f) Email Address: [Member Email Address]
HEALTH ATTESTATION.
The Member attests that they are fully capable of participating in an exercise routine of their choice without undue risk. Thus, by providing the aforementioned details, the Member hereby demonstrates their intention to become a member of the Gym, in accordance with the terms and conditions of this Agreement.
TERMS AND CONDITIONS.
The following terms and conditions shall define and govern the relevant aspects of this Agreement:
1. MEMBER ACCESS.
This Agreement entitles the Member to access the Gym's facilities (hereinafter referred to as the "Facilities") as long as the dues are paid in advance to the Gym.
The Membership facilities provided by the Gym are as follows:
(a) One-on-one training
(b) Power yoga
(c) Steam facility
(d) Meditation facility
(e) [Any Additional Facilities Provided by the Gym]
2. MEMBERSHIP FEES.
The Member has opted for the [Member Plan] membership and is required to pay an amount of [Membership Fees] (hereinafter referred to as the "Fee") to utilize the Gym's facilities.
The Member must pay an initial fee of [Initial Deposit Amount] (hereinafter referred to as "Deposit") immediately upon execution of this Agreement, which will be refunded if the Member decides to terminate the Gym services.
Membership Plan
Charges
Monthly Membership
[Amount]
Quarterly Membership
[Amount]
Yearly Membership
[Amount]
[Add any other plan]
[Amount]
NOTE:
(a)Monthly Memberships: Membership fees are collected in advance.
(i) Proration: If the Membership Start Date is not the 1st of the month, a pro-rated amount will be charged for the remainder of the current month.
(ii) Recurring Billing: Thereafter, the full monthly fee will be automatically drafted on the 1st day of each month.
(b) Yearly Memberships:
(i) Lump Sum: The full annual fee may be paid upfront at the time of signing.
(ii) Monthly Installments: If the Member elects to pay in installments, the total annual fee is divided into 12 equal payments, due on the 1st day of each month.
(iii) Obligation: Member acknowledges that paying in installments does not convert this into a month-to-month agreement. The Member is obligated to pay the full 12-month balance regardless of attendance, unless the contract is terminated under valid specific terms (e.g., relocation or medical disability).
(c) Late Fees Payments:
A late fee of [Late Payment Fee] will be charged after [Payment Due Date] for each month if the payment is not made in time.
(d) [Additional Terms of Title]
[Additional Terms of Description]
3. TERM.
The Membership shall commence on the date of [Gym Membership Commencement Date] (hereinafter referred to as the "Commencement Date") and shall continue till the Member pays the fee on time or until either Party terminates it.
4. RIGHT TO CANCELLATION.
To cancel their membership without penalty, the Member has to inform the Gym in writing within [Membership Cancellation Notice Period in Days] day(s) after signing this Agreement. If the Agreement is canceled within [Membership Cancellation Timeline in Days] day(s), the Gym shall return to the Member all amounts paid except [Amount Deducted for Facility Use] for the usage of the Facility during those [Number of Facility Usage Days] day(s).
5. MEMBERSHIP FREEZE POLICY.
The Members may freeze their yearly membership for up to [Maximum Freeze Duration in Months] month(s) in one calendar year, during which time you will not be charged the usual membership fees. A fee of [Freeze Request Fee] shall be charged per freeze request. A Freeze is effective only upon [Membership Freeze Notice Period in Days] day(s) prior to written notice to the Gym before the Freeze takes effect. The freeze request must state both the freeze start date and resume date. Once you resume using the Gym, the freeze will terminate. The duration of any freeze will extend the Yearly Membership term by the same amount as the freeze lasts.
6. TERMINATION.
The Member may terminate this Agreement upon [Termination Notice Period] day(s) prior to written notice to the Gym. Upon termination of this agreement, the Member shall immediately return to the Gym any card or material issued to them. The Gym may charge the Member a fee of [Termination Fee] for any material issued to the Member that is not returned within [Number of days to Return the Materials After Termination] day(s) of the date of termination.
This Agreement may also be immediately terminated in the event there is a breach of the terms of this Agreement by either party. This Agreement shall also terminate upon the death of the Member or because of significant physical or medical disability for a period in excess of [Medical Termination Duration in Months] month(s).
If the Member has prepaid the membership fees for a specific number of months, the Gym shall refund any remaining balance to the Member after deducting the outstanding amount owing by the Member within [Termination Refund Timeline in Days] day(s) after the termination date.
7. ASSUMPTION OF RISK AND WAIVER OF LIABILITY.
The Member acknowledges and agrees that there are risks associated with any fitness and physical activity, the use of exercise equipment, and participation in an exercise program, including the risk of serious bodily injury or death.
By signing this agreement, the Member knowingly and voluntarily assumes all risks of liability, loss, illness, death, or injury caused or arising out of the use of the Facilities or their participation in any activities.
8. LOST GOODS.
The Gym takes no responsibility for lost or stolen goods. Lost and found goods not claimed after [Number of Days to Claim Lost & Found Goods] day(s) will be donated to charity or thrown away.
9. DAMAGES.
The Member shall pay for any damages it incurs to the equipment or premises of the Gym that result from the poor conduct of the Member or its guests.
10. RULES AND RESPONSIBILITIES.
(a) The Member shall abide by all the safety guidelines and regulations as set forth by the Gym while using the facilities or equipment of the service.
(b) The Member agrees that the Member shall abide by the Gym's dress code at all times while in the facility.
(c) Consumption of drugs, alcohol, tobacco, or similar addictive substances must be strictly prohibited at the fitness facility provided by the Gym.
(d) Cell phones are not permitted in the cardio area, and photography and/or videography are not allowed anywhere in the Gym.
(e) Breaking into fights that involve physical injury shall not be permitted at any cost and must result in either suspension or termination of membership.
(f) Member is expected to update their membership status on a monthly or yearly basis.
(g) Members must respect each other in all circumstances and should take care of the instruments or equipment after every use.
(h) The Members shall wipe down all equipment after each use and re-rack the weights used.
(i) Persons under the age of 18 are not permitted in the fitness area unless otherwise agreed upon.
11. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s), who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrator(s)' decision shall be final and binding on both Parties.
12. INDEMNIFICATION.
The Member must indemnify the Gym harmless from any and all claims, loss, injury, or damages without limitation, as the membership shall be serving as a liability release for the Member.
13. NOTICES.
Any and all notices, except for cancellation notices, can be sent to the Parties through certified mail at the address mentioned in the Agreement. Any additional address shall be notified to the Parties in writing and in person.
14. GOVERNING LAW.
This Agreement shall be governed and interpreted in accordance with the laws of [Governing Law].
15. ENTIRE AGREEMENT.
This Agreement and other annexures, therefore, constitute the entire agreement between the Parties with respect to the matter of subject hereof and, thus, supersede all prior agreements, purchases, understandings, and negotiations, written or phonated, between the Parties.
ACCEPTANCE AND SIGNATURE.
This Agreement is agreed to by the Gym and the undersigned Member, who have signed this Agreement below:
[Member Name]
[Gym Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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