1. APPLICATION. I apply for membership in F.I.T. Co. gym, located at 6412 Wise Ave. N.W., North Canton, Ohio 44720. I represent and warrant that I am 18 years of age or older and all facts and information set forth above and/or in this application, dated this date are true, correct, and complete. The application is incorporated by reference and made a part of this Contract.
2. PAYMENT. Monthly Payment: Under this option, I must pay the Total Due today upon signing this Contract. I agree to pay my monthly amount, or an increased amount as specified in Paragraph 7 for any renewal period, each month thereafter through automatic withdrawal from an account I maintain in a financial institution pursuant to this signed authorization form or by cash or by check (if pre-approved) delivered to F.I.T. Co. by the date of Sign up. Subject to change, drafts (payments) are made on the day signed up of each month. If I change financial institutions, I will provide F.I.T. Co. in writing all information needed for the replacement automatic withdrawal at least (15) days before the effective date of the change. I agree to automatic withdrawals (payments) that will continue forward unless I terminate my membership as permitted in this Contract with the consent of F.I.T. Co.
3. TERM. By mutual agreement, one type of membership may be converted to another type of membership pursuant to a new contract with F.I.T.CO. The term of this Contract may be extended as follows: a. If F.I.T. Co. temporarily closes for thirty (30) days or less, the term shall be extended for the number of days equal to the number of days that the facility was closed (excluding holidays and any other days the facility is normally closed), at no additional cost to me. b. I may extend the term of this Contract, at no additional cost to me, for the number of days equal to the days comprising the duration of my disability, if my disability precludes me from using one-third (1/3) or more of the gyms facilities for a period of less than six (6) months and that disability is verified by a physician. To extend the term pursuant to this Paragraph 4b. I must give timely notice to F.I.T. Co. of my request to so extend.
4. CANCELLATION. I (or my legal representative) may cancel this Contract with a $20-$50 penalty in accordance with the following: Members must cancel onsite between 10am-6pm, Mon-Fri. 15 days notice of cancellation before next bill, for all membership contracts. Absolutely NO refunds for memberships once purchased.
5. FEE GUARANTEE. Membership fees may be modified from time-to-time by F.I.T. CO due to economical inflation.
6. DEFAULT/REMEDIES. Any payment that remains unpaid for 7 days shall entitle F.I.T. CO. to terminate the membership, to suspend some or all membership privileges, and/or to take other actions permitted by law or in equity. Closing of account, insufficient funds or any other action which prevents the automatic charge for my monthly dues, if applicable, will be a material breach of this Contract. Member agrees to pay reasonable attorney fees, legal expenses, and other lawful collection costs and expenses of collection incurred after a material breach of this Contract.
7. MEMBERSHIP ACCESS. I will be issued a PHONE APP which will entitle me to enjoy the benefits of membership. I will present my PHONE for admittance and I will be responsible for the proper use. I will not permit anyone else to use my PHONE, if so F.I.T. CO. will immediately terminate access to F.I.T. CO. Gym.
8. MEMBER’S RESPONSIBILITY. All use of the GYM shall be undertaken at my sole risk, and F.I.T. CO. and/or its Manager shall not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever, including, without limitation, those resulting from acts of active or passive negligence on the part of F.I.T. CO. and/or its Manager, its successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, actions or causes of actions. It is specifically agreed that F.I.T. CO. and/or its Manager shall not be responsible or liable for articles lost, damaged or stolen in, about or in connection with the GYM nor for loss or damage to any other of my property, including automobiles and contents. It is also agreed that any damages to F.I.T. CO. and/or its Manager, or the GYM or its contents, or property or the property of any member by another member is the sole responsibility of the offending member.
9. RULES AND REGULATIONS. I acknowledge that F.I.T. CO. and the GYM operates under rules and regulations established for the safety, comfort and protection of members or other patrons and I will abide by and be bound by all posted rules and regulations, as well as by rules and regulations subsequently approved and posted or published by F.I.T. CO. Rules and regulations of F.I.T. CO., in effect from time-to-time, are incorporated into this Contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service, regulations, and policies are subject to change, without prior notice, at the sole discretion of F.I.T. CO., and I accept such reasonable changes as a condition of membership.
10. GENERAL PROVISIONS. a. I acknowledge I have inspected the GYM and same is in full operation. No promises, representations or warranties have been made to me by F.I.T. CO. or otherwise about the GYM. b. I acknowledge and agree that the Initiation Fee represents a reasonable charge for initiating my membership considering the time and effort required of F.I.T. CO. c. I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified. d. This Contract sets forth the entire agreement between me and F.I.T. CO. regarding my membership and all prior discussions, agreements, understandings, or correspondence are hereby made null and void. e. This Contract may be amended, modified, or rescinded, or any rights hereunder waived, only by written agreement signed by me and F.I.T. CO. f. If any term or provision of this Contract is found to be invalid, illegal, or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
11. If a member is caught sneaking in a guest without paying their account will be charged $25 for that visitors day pass. Members do not get free day passes for their visitors.
12. Please be aware that there are televisions in the cardio area that may randomly have movies on that are rated R, if any nudity is show on these televisions, FITCO Gym may not be deemed responsible for such appearances.
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