MEDICAL CONDITIONS; OTHER PROVISIONS: BEFORE USING SIXPAX'S FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SIXPAX FACILITY AND SHALL INDEMNIFY SIXPAX, ITS OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AFFILIATES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, AGENTS AND LESEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES. IT IS RECOMMENDED THAT YOU GET A PHYSICAL EXAM BY YOUR PHYSICIAN PRIOR TO COMMENCING ANY EXERCISE PROGRAM.
WAIVER; RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY: It is agreed and understood that the undersigned (Member, each designated additional member and all guests) hereby assume full risk and responsibility for any and all damages, injuries (including death), or losses that I/we may sustain or incur, if any, while on the premises or engaging in any activity at SixPax (herein after referred to as “The Health Club”) including claims for lost, stolen, or damaged personal property of members or guests. In consideration of my/our participation in any activity on the premises of the Health Club, I/we hereby release, covenant not to sue and hold harmless The Health Club, its owners, shareholders, directors, officers, employees, volunteers, affiliates, successors, assigns, representatives, agents and lessees for and from any and all claims for injuries or damages, arising out of any activity on or about the premises by the undersigned, any additional member or guest of the club member, regardless of cause. The Health Club does not assume any responsibility for any negligent acts of any members, their guests or any third parties including any independent contractors, trainers, vendors or manufacturers of equipment that may be used by the undersigned party with or without supervision. By executing this Membership Agreement, the undersigned(s) agree(s) to indemnify and hold harmless The Health Club from any loss, liability, damage, or cost it may incur by my/our presence on the premises. The undersigned acknowledges that The Health Club recommends that all members and guests seek the advice of a physician before commencing any exercise routine and that The Health Club does not provide or employ any ordinary or emergency or medical services. “Activity” as used in this Waiver and Release includes, but is not limited to occupying, using, moving about, attending, practicing, participating in any exercise program, babysitting/childcare services, sport, group activities, use of cardio machines or weights or any other physical activity that occurs in, on or about the premises. “Premises” as used in this Waiver and Release of Liability includes any and all areas in and about The Health Club, or public space where instructor led training is being conducted, including the parking lot, sidewalk and all means of entry as well as any off site program or activity organized or sponsored by The Health Club. “The Health Club” as used in this Waiver and Release of Liability includes the location of the facility where the undersigned’s membership was contracted, the location listed herein this document, and any other health club facility where the member may be extended or receive temporary use or privileges as a benefit of membership or as may be permitted as a registered guest of the location above.
MEMBERSHIP FEES & DUES: Membership dues and fees are non-refundable. Any failure to regularly attend The Health Club does not relieve the Member of any obligations under this agreement. All memberships will Auto-Renew at the monthly non-discounted rate at the end of their term unless a new discounted plan is executed or plan is cancelled 30-day written notice before anniversary renewal date. No pro-rata refunds are given. If you are eligible to cancel your membership by giving a 30-day written notice, it is understood that you will pay any and all dues scheduled for payment within that thirty day period. IF WITHIN THREE (3) BUSINESS DAYS YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH CLUB, YOU MAY CANCEL THIS AGREEMENT BY MAILING A NOTICE TO SIXPAX BY MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING YOUR PURCHASE OF THE CONTRACT STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE SHOULD BE MAILED TO THE FOLLOWING ADDRESS: SIXPAX FITNESS, 2310 TERRA CROSSING BLVD., LOUISVILLE, KY 40245. ADDITIONAL CANCELLATION RIGHTS: You may also cancel this contract if any of the following occur: 1. You may cancel if, because or medical disability, you become unable to use a substantial portion of The Health Club’s facilities or services for thirty (30) or more days. In the event of medical disability, you must provide The Health Club with a doctor’s statement. In addition, The Health Club may require you to submit to a physical examination by a mutually agreeable medical doctor, at its cost. Your estate may cancel in the event of your death. 2. You may cancel if The Health Club relocates more than five (5) miles from the location stated in the contract. 3. You may cancel if you relocate more than twenty-five (25) miles from your residence as stated in the contract and The Health Club cannot provide comparable facilities and services within five (5) miles of your new residence. The Health Club may require written verification of your new residence, such as a lease, deed or utility bill. 4. You may cancel if this membership is ongoing month-to-month (as indicated by an “OPEN” expiration date or by “MTM” appearing in the Agreement Plan name) by giving a 30-day written notice. IN ORDER TO EXERCISE THESE ADDITIONAL CANCELLATION RIGHTS, YOU MUST NOTIFY THE HEALTH CLUB IN WRITING, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL DELIVERY, TO THE ADDRESS STATED ABOVE. ALL MONEYS TO BE REFUNDED SHALL BE PAID TO YOU WITHIN THIRTY (30) DAYS AFTER THE HEALTH CLUB’S RECEIPT OF THE CANCELLATION NOTICE AND CONFIRMATION OF ALL APPLICABLE REQUIRMENTS LISTED ABOVE. THE HEALTH CLUB RESERVES THE RIGHT: 1. To terminate any membership at any time at its sole discretion, for any reason, but not limited to: A. Non-Payment of member account. B. Failure to comply with club policies and procedures. C. Disruptive or abusive behavior and comments. D. Any action that interferes with the operation of the club or members’ enjoyment of the facility. 2. To transfer this contract to anyone of our choice. If we do so, your obligations to such transferee or holder will continue in full force. You also understand and agree that The Health Club may be sold or relocate within five (5) miles and such event this agreement shall still be binding and enforceable. 3. To change any and all terms of this Agreement upon 30-day written notice to you at the present address on this Membership Agreement. DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, The Health Club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Buyer is paying monthly dues by Credit Card or electronic funds transfer (EFT), the club, or it’s billing agency reserves the right to draft via Credit Card or EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law.