The undersigned ("Member"), desires to become a Single Member Bodyworks Fitness Center ("Bodyworks"), and agrees to the following terms and conditions:
1. Member represents and warrants that all facts stated in the Liability Waiver submitted by Member are true and correct. the Liability Waiver is incorporated herein by reference and made a part of this Agreement.
2. PAYMENT OF MEMBERSHIP FEES. All payments to Bodyworks are final and will be made by the following option:
Monthly Draft Payment: Under this option, a payment in the amount of $19.95 for Open Single Membership must accompany the Application. Should Member select the Monthly Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member.
3. TERM. All memberships of Bodyworks are month-to-month and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of Bodyworks, or by electronic means (i.e., email). No refunds will apply.
4. DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater.
5. MEMBERSHIP ACCESS. Member will be issued a means to access the Facility with one or more of the following or as Bodyworks deems appropriate, an access code, bar code or finger print access, etc., which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of Bodyworks (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's access, and Member will not allow anyone to enter the Facility along with Member. Member agrees to safeguard the identity of the access. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
6. FACILITY AND HOURS OF OPERATION. The Facility will post hours of operation for Members use.
7. RULES AND REGULATIONS. Member acknowledges that Bodyworks operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by Bodyworks. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Bodyworks. Member agrees to accept such reasonable change(s) as a condition of membership.
Member additionally recognizes:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by Bodyworks.
b. All equipment shall be wiped down by Member after each use, with the supplies provided by Life Gym.
c. This membership is for Member, and Member only, and Member will not give access to another individual.
d. Member will not misuse the equipment.
e. All members must be at least eighteen (18) years of age, unless otherwise authorized by Bodyworks.
f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by Bodyworks, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by Bodyworks.
g. Bodyworks shall not be responsible for any lost or stolen items.
h. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.
i. The climate of the Facility is controlled by Bodyworks and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
8. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at Bodyworks while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of Bodyworks management. Bodywokrs reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
9. DRESS/TOWEL POLICY. Bodyworks requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member's use.
10. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
11. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
12. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
13. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Ohio.
14. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
15. SUSPENSION AND TERMINATION. I understand that Bodyworks may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of Bodyworks policies and procedures, and that in so doing, Bodyworks assumes no further liability to adhere to the terms of this Agreement.
16. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update Bodyworks of any change in my contact information (including address, telephone number or email address) or change in credit or payment information.
I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided