The classification of members, the amount of dues payable by the members of each class, the amount of joiner fees, the suspension and expulsion of members, and all other matters affecting or relating to the members or membership shall be under the complete control of StayFit Fitness (herein referred to as StayFit). The dues applicable to any type of membership and any other charges imposed by StayFit may be amended at any time.
Nondiscrimination. It shall be the policy of StayFit to accept applications for membership from any individual, couple or business of good character and responsible credit background without regard to race, creed color, sex or national origin.
MEMBERSHIP DUES AND OTHER CHARGES
Membership Dues. StayFit shall, determine the amount and terms of payment of dues which shall be payable by the members on the tenth (10th) of the month. Every member is required to provide their account information as a secondary form of payment if choosing to pay with some form other than EFT for their monthly dues. The obligation to pay dues is not dependent on the availability of StayFit’s facilities. Repairs and/or maintenance of the facilities may make it necessary for StayFit to restrict use of the facility or to temporarily close StayFit which will not reduce or suspend the member’s obligation for payment of membership dues. If monthly payment is made using a credit or debit card a 2.75% charge is added when the member’s card is physically swiped otherwise there is a 3.50% charge added to the membership fees.
Late or Returned Item Charges. A $20 late fee will be assessed to any member failing to make payments by the tenth (10th) of the month, or for lack of payment received in the provided dropbox. A returned check, credit card draft, or electronic funds transfer (EFT) as a result of insufficient funds, account closed, or similar circumstances. Members whose payment is past the fifteenth (15th) and not received in the dropbox will be assessed the late fee and their membership dues will be charged to their banking account through EFT.
Delinquent Accounts. Members failing to make payment by the 1st of the following month will be classified as a delinquent and will be responsible for all collection costs including attorney and other collection fees.
Prepaid Dues. Prepaid dues are non-refundable, except as provided in this contract.
ASSUMPTION OF RISK, RELEASE & INDEMNITY
The use of the Facilities at StayFit Fitness naturally involves the risk of injury to you or your guest, whether you or someone else cause it. As such you understand and voluntarily accept this risk and agree that StayFit Fitness will not be liable for any injury, including without limitation, personal, bodily or mental injury, and economic loss of any damage to you, your spouse, guests or relatives resulting from the negligence or other acts of StayFit Fitness or anyone else using the Facilities. If there’s any claim by anyone based on any injury loss or damage described here, which involves you or your guest, you agree to (1) defend StayFit Fitness against such claims and pay StayFit Fitness for all expenses relating to the claim and (2) indemnify for all liabilities to you, your spouse, guests, relatives, or anyone else resulting from such claims.
WAIVER OF LIABILITY
I understand that although StayFit’s facilities, equipment, and services are designed to provide a safe level of exercise and enjoyment, there is an inherent risk that use of such facilities, equipment, and services may result in injury to me. Therefore I hereby agree to specifically assume all risk to injury to me while using any of StayFit’s facilities, equipment, or services and I hereby waive any and all claims or actions I may have against StayFit or its employees as a result of such injury. The risks include:
Injuries from my use of any exercise equipment, or machines.
Injuries or medical disorders resulting from exercising at StayFit including, but not limited to heart attacks, strokes, heat stress, sprains, broken bones and torn muscles or ligaments.
Accidental injuries within the facility, including, but not limited to, workout areas, bathroom, shower, and entrance areas.
All members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any strenuous new activity. If a proposed member has a history of heart disease, he/she should consult a physician before joining StayFit.
RULES AND REGULATIONS
I acknowledge the existence and the need for Rules and Regulations including those governing the use of StayFit’s equipment and facilities and participation in programs and services. I hereby agree to comply with those Rules and Regulations and to amendments or additions to them as StayFit decides are necessary.
Attire and Equipment. Proper attire is required for participation using StayFit. Shirts and shoes are required in all public and recreation areas. No footwear other than appropriate shoes may be worn within StayFit.
Damages. The cost to repair damage to StayFit’s property by a member shall be paid by the member. StayFit shall not be liable for any lost, stolen, or damaged articles or goods.
Key Policy. Your key is for your use only. You will not, without written permission:
Bring others into StayFit Fitness with you
Open the door for someone who does not have a key or whose key is not working
Allow others to use your key, even if they have a membership
Failure to follow this policy will be charged $40 and will forfeit their membership with the balance due and payable immediately. Therefore your gym use will be limited to office hours. Lost keys can be replaced for $20.
Guests. Guests are allowed to sign in during staffed hours. Any member giving access to a non-member will automatically be charged $40 and will forfeit their membership with the balance due and payable immediately.
Rules Inclusive. The rules contained herein are not inclusive Amendments to StayFit Rules and Regulations and may be changed from time to time as necessary. On all questions regarding the construction of StayFit Rules and Regulations, the decision of StayFit will be final.
This Agreement is not effective until you and an authorized representative of StayFit have signed and dated it. You acknowledge that you have received a complete copy of this Agreement. You also agree that your above information is correct.
You, the member, may cancel your membership at any time. If you have a one year contract you are responsible for paying the difference in dues for a monthly membership for the number of months that you have been a member, due and payable immediately. To cancel this Agreement, mail or deliver a signed and dated notice which states that you, the member, are cancelling this Agreement, or words of a similar effect before the 1st of the month that you wish to cancel. Such notice shall be sent to: PO Box 216: Killdeer, ND 58640, placed in the dropbox or scanned to email@example.com. Refunds for returned keys (guest pass only) will be sent within 10 business days.