MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
WAIVER AND RELEASE OF LIABILITY. Liv Fitness
urges you and all Members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, training and/or instruction, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercise shall be at the Member's sole risk. Member understands that the agreement to use or selection of exercise programs, methods and types of equipment shall be Member's entire responsibility and that Liv Fitness shall not be liable to Member for any claims, demands, injuries, damages, or actions arising due to injury to Member's person or of the services, facilities, and premises of Platinum Fitness. Member hereby holds Liv Fitness, its officers, directors, shareholders, owners, agents, and employees harmless from all claims which may be brought against them by a Member or on a Member's behalf for any such injuries or claims.
1. I understand the risk of injury from the Club activities and using any Club equipment is significant, including the potential for permanent paralysis and death.
I knowingly and freely assume all such risks, both known and unknown. I acknowledge that this is an unsupervised fitness center and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of Club staff on the premises. I expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of California and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the Club is relying on this release in agreeing to enter into this Agreement.
I have read the release of liability ad assumptions of risk agreement, fully understand its terms and that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I hereby confirm that I am aware of and agree to the terms and conditions of this entire document
2. ADDITIONAL RIGHTS TO CANCELLATION.
Please note: Members Enrollment fee and the Annual Club Fee (see below) are the expenses incurred in establishing Membership Agreements and shall be retained in the event of cancellation. Further, there will be no refunds made on any agreements.
3. ADMINISTRATIVE FEES FOR MEMBERSHIP CHANGES, TRANSFERS, EARLY CANCELLATION:
- Consumers' Right To Cancellation (see below for details).
- If upon a Doctor's order, Member cannot physically receive the services of the Center because of significant physical disability for a period in excess of six months. (Member must provide documentation from Doctor).
- If Member dies, Members estate shall be relieved of any further obligation for payment.
- If Member moves farther than 25 miles from the fitness facility. Proof of move with their current address will need to be submitted when the written request for cancellation is submitted. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the fitness club. Member needs to come into the club to fill out/sign the 30-day cancellation form and pay next month's dues before cancellation is valid.
Members may transfer any unused portion of their Agreement to another party by paying a $50.00 administrative fee. If a Member elects to change or transfer a
Membership Agreement, the liability waiver will apply. However, the Consumer's Right to Cancellation clause will not
Members may cancel their membership obligation at any time, without reason, by paying a $150.00 Early Termination Fee and will be subject to one more billing cycle. No refunds will be paid.
If EFT or Paid in Full membership - Member may freeze his/her Membership once for a period of up to three months in a one year period for a ten dollar ($10) monthly fee for each month frozen. Medical or military freezes may exceed three months with appropriate documentation. The maximum time is one year. Student Memberships may not be frozen.
Annual Club Fee:
Each year on April 8th, Liv Fitness reserves the right to add an annual club fee of $79 per person. This fee will be electronically billed to all EFT paying members. The Annual Club Fee ensures Member pricing will remain competitive and affordable. Further, this fee helps Liv Fitness absorb the rising costs of doing business.
Right to Change Designated Billing Company:
Liv Fitness reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change occurs, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.
Rate increases may happen at any time. If Member signed up during promotion(s), rates will need to be reset once the promotion is over to the current going rate. Dues may be increased in September of each year due to promotional rate adjustments. If Member is not in a Paid In Full agreement dues may be increased in September of each year.
Any and all other changes not listed above that are made to this agreement will incur an Administrative Fee of $20.00 per change.
4. Member Obligations:
5. Members may not bring in guests without Liv Fitness staff consent.
- Member agrees to abide by all Liv Fitness policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.
- Member agrees to pay monthly dues on time, including notifying the Club promptly if banking or credit card information used for automatic payment changes or to be charged a declined payment fee and or a late fee per delinquent payment.
- Member agrees to pay all costs of collection incurred by the holder of this agreement if this agreement of this account becomes more than 60 days past due.
- Member agrees to fulfill the financial obligations of this agreement.
If this policy is violated the Member may be charged a guest fee of $15, and/or have their membership suspended or canceled, the balance of the contract will be due and paid in full immediately, and be assessed a fee up to $250.00. Members are not allowed to let anyone else use their access card and must alert the club if it is lost or stolen. Member will need to pay $25 for a replacement key. Members are not allowed to let anyone into the club without an access card. Penalty fees will apply if this policy is violated. Horseplay, vulgar language, abuse of equipment, working out while under the influence of any drug or alcohol will not be tolerated. Violating this policy can result in membership being suspended or canceled. The balance of the membership is due in full immediately. Persons under 12 are not allowed near any of the equipment and must be supervised in a designated area. Member 13-15 are allowed to use the cardio equipment only, they may not use any weights or
weight lifting machines. Violating this policy could result in suspension or termination of membership and the balance of contract will be due immediately.
All disputes (except small claims under $1,000.00) will be settled by binding arbitration under Federal Arbitration Act. Arbitration will take place in the club's county. Should this agreement be placed in the hands of an attorney the parties agree the club shall be entitled to recover all costs and expenses resulting there from including a reasonable amount.
The following steps will be taken to alter any existing Agreement: a) complete the necessary paperwork, b) payment by Member of any applicable fee or fees associated with changes to Agreement, and c) all signatures must be collected from all involved parties.
7. Hours of operation: Limited access and/or 24-hour access depends on membership type and location.
The undersigned Member has read, understands, and agrees to be bound by the Terms and Conditions of this Agreement. Liv Fitness reserves the right at any time to alter the hours of operation, and the right to amend the cost of, add modify and/or eliminate any program, facility, activity, class, membership or service at Liv Fitness’ sole discretion.