TERMS OF AGREEMENT
(1) “NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.” (2) “IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: P.O. BOX 273 MINEOLA TEXAS 75773 (3) “IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: (A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: P.O. BOX 273 MINEOLA TEXAS 75773
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.” (4) “IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSEDMEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. T HE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: DEFINED TERMS – In this agreement, “Club Owner” means Boom Fitness partner. “Club Location” means the club located at the address set out under “Club Location” at the top of this agreement. “You”, “your”, and “member(s)” means jointly and severally, the person(s) whose name(s) appears beside the Member ID#(s) on page 1 of this agreement, including the primary member. The “primary member” means the member whose name appears next to the Primary Member ID# on page 1 of this agreement. “Club Users” means the member(s) and/or those of whom the member(s) are at law responsible. “Membership” means the membership granted under this agreement. PAYMENTS – You agree to be fully responsible for all payments under this agreement, including but not limited to the initial payment amounts, the applicable membership fees, maintenance fees, and all applicable taxes. All payments shall be paid to Club Owner (or as the Club Owner may direct) in such manner as Club Owner may determine from time to time. You agree to pay the total Initial Payments (set out on the above pages of this agreement) on the Start Date. In all other cases the monthly membership fees and all applicable taxes are due and payable the first day of each month during which this agreement took effect. All amounts payable by you under this agreement are payable regardless of whether the facilities and/or equipment at the Club Location (the “Facilities”) are used by any of the member(s) during the applicable months(s). You agree that if, for any reason, any amount payable under this agreement is not paid when the same is due, you will be required to immediately pay to Club Owner the entire unpaid balance together with an administration fee of $25.00 for each occurrence of default in payment. You also agree to pay to Club Ownerall costs incurred in relation to the collection of any amount owing by you, including any bank charges, agency fees and legal fees of Club Owner. MEMBERSHIP TERMINATION AND REFUND – THE BELOW LISTED TERMS DO NOT APPLY IF THE MEMBER CANCELS ACCORDING TO THE STATUTORY RIGHTS FROM THE HEALTH SPA ACT. You may terminate this agreement at any time by personally delivering to club owner 14 days prior written notice stating that you wish to terminate the Membership and this agreement (the “Termination Notice”). Any Termination Notice delivered by a member shall be deemed to be a Termination Notice delivered by all of the members. Club Owner must receive the Termination Notice before the 21ST day of the previous month in order that this agreement may be terminated at the end of such month. Upon receipt of the Termination Notice by Club Owner, this agreement and the Membership will terminate at the end of the next calendar month following the date on which the Club Owner received the Termination Notice. You will remain liable for all obligations of the member(s) under this agreement until it is terminated. Upon the termination of this agreement, a termination fee of $50.00 will apply if term agreement has not yet been satisfied. Further, you shall immediately return to the Club Owner, at the Club Location all security access card(s) issued to you and to the other member(s), if any. Club Owner may charge you a fee of $20.00 for each security access card issued to the member(s) that is not returned within 10 days of the date of termination. ASSUMPTION OF RISK AND INJURY AND ACKNOWLEDGEMENT REGARDING 24-HOUR FACILITY AND POTENTIAL LIABILITY – You acknowledge that the Club Location is, and is intended to be, an unsupervised fitness center, and there is no obligation whatsoever on Club Owner to provide, at any time, any employer, contractor, agent, or other person, on site or otherwise, to help the Club Users with the use of the facility or equipment, perform any exercise or perform any activity that the Club Users may choose to undertake. You acknowledge that although the Club Location is not supervised, there may be surveillance cameras and closed-circuit televisions that monitor the Club Location, facilities and/or equipment, and that the use of such surveillance equipment is at the sole discretion of the Club Owner. You acknowledge that fitness and other physical activities are inherently dangerous, and that there are potential risks, including health risks and risks of bodily injury, serious bodily injury, and death, connected with any fitness and physical activity. By signing this agreement you knowingly and voluntarily assume all risks of liability, loss, illness, death, injury and other damage of any kind whatsoever caused, directly or indirectly, arising out of, resulting from or in any way associated with any use of the Facilities of the participation in any activities, by the Club Users, in, at or about the Club Location, the property on which the Club Location is situated, any property or any event sponsored by Club Owner, (collectively the “Fitness Activity”). You hereby irrevocably and unconditionally waive any and all rights that the Club Users had, have or may have to any and all damages, rights, entitlements, or other relief of any kind, in law or in equity, against Club Owner, and/or any of their respective directors, officers, shareholders, owners, employees, agents, contractors, franchisees, successors and assigns (collectively the “Companies”) as a result of anything, directly or indirectly, arising out of, resulting from or in any way associated with any Fitness Activity. Moreover, you acknowledge that you are liable for all damages that are caused to the Facilities or physical infrastructure of the Club Location by any act or omission of the Club Users, and you will fully reimburse Club Owner for all costs and expenses associated with the repairing of such damages, including the replacement of equipment where appropriate as determined by Club Owner. You agree that the Companies shall not be held responsible or liable for any lost, stolen, or damaged personal property. MEDICAL AND FIRST AID – You have been advised by Club Owner that the Club Users should consult a qualified physician before engaging in any Fitness Activity. You agree to ensure that the Club Users are not subject to any illness, problems or conditions, medical or otherwise, which would make the undertaking of any Fitness Activity dangerous, hazardous or otherwise harmful to the health and well-being of such person(s) and you knowingly and voluntarily assume any and all risks and liabilities in relation to same. You agree to immediately notify the Club Owner if any of the Club Users experience any pain, nausea, or other discomfort during or after any Fitness Activity. You agree that, in case of an emergency, Club Owner, or their respective employee(s), contractor(s) or agent(s) may, at your cost and expense, render first aid treatment and/or arrange for emergency medical care to any of the Club Users, and you hereby authorize same; but nothing in this agreement shall obligate the Club Owner, and/or their respective employee(s), contractor(s) or agent(s) to render such treatment or care. RELEASE – You hereby irrevocably and unconditionally fully release and forever discharge the Companies from any and all claims (except for claims that may be filed under sec. 702.251 of the Health Spa Act), actions or other proceedings of every kind and nature for any loss, injury, illness, death, damage and/or liability whatsoever of every nature and kind, in law or in equity, whether now known, anticipated or otherwise, which any of the Club Users, had, have or may have against any of the Companies, directly or indirectly, arising out of, resulting from, or in any way associated with any Fitness Activity. MEMBERSHIP FREEZE – You have the right to freeze the Membership for up to two months in the aggregate annually, during which time you will not be charged the usual membership fees and the Club Users will not have access to the Club Location. You agree to pay, on or before the beginning of each period of the Membership freeze, a $5.00 processing fee for each month or part thereof that the Membership freeze is to apply. To exercise this right you must personally deliver written notice to Club Owner by the 21st of the month immediately before the month for which the freeze is to take effect, stating that you wish to freeze the Membership and the duration in which the freeze is to apply; such duration shall not be more than 2 months. Any such notice to freeze the Membership delivered by a member shall be deemed to be a notice to freeze the Membership delivered by all of the members. ACCESS ABATEMENT – If the Club Location is temporarily closed for renovations or if the access to the Club Location is temporarily unavailable to the member(s) for any reason that is within the reasonable control of the Club Owner, any amount of membership fees paid for such period of temporary closure or inaccessibility will be prorated and credited to Payer, such credit may at the discretion of the Club Owner be applied to future membership fees, if any, or be refunded by way of a check made payable to Payer. You agree that no cash refund will be issued. GUESTS – Member(s) may bring guest(s) to the Club Location during and/or after business office hours. All guests are required to provide picture identification, sign or have a liability waiver on file upon entry and document the date/time of visit in visitor log before they are permitted to use the Facilities or participate in any activity at or about the Club Location. Club Owner shall have the right at is sole and absolute discretion to refuse access of any guest for any reason whatsoever. Club Owner has the right to charge the guest(s) or the member(s) a $5.00 per day guest fee for each guest who accesses the Club Location, upon entry, and in the case where the foregoing conditions are not met, to charge any of the member(s) for such guest(s) retroactively. Members who bring non-accounted for guests into the facility will be charge a $25.00 dollar fee, for the first offense. If a second offense occurs the Club Owner has the right to suspend/terminate your membership. All guests are required to purchase a day pass regardless of if they are participating in fitness activities. CHILDREN- Under no circumstances are children under the age of 16 years of age permitted inside the fitness facility unless approved by club owner. The Club Owner has the right to suspend/terminate your membership if this policy is not obeyed. All approved minor members between the ages of 14yrs-16yrs must be in the presence of their parent or guardian at all times unless under the supervision of a hired Boom Fitness personal trainer. SECURITY ACCESS CARD – You acknowledge that you and the other member(s), if any, have been issued security access card(s) for the purpose of accessing the Club Location. You agree that each such security access card is issued specifically to the member with whom it is associated and is not to be shared by, transferred to, assigned to, loaned to or otherwise used by any other person. You shall immediately notify Club Owner if any security access card(s) is lost, damaged or stolen, so that same may be immediately deactivated and replaced. You will be charged a fee of $20.00 for each security access card that is lost, damaged or stolen. You are also responsible for the costs and expenses incurred by Club Owner for any misuse of any security access card(s) issued to you or any of the other member(s).
PHOTO & VIDEO RELEASE CONSENT- Participants involved in any activities offered by Boom Fitness Mineola may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Boom Fitness Mineola website or in any editorial, promotional or advertising material produced and/or published by Boom Fitness Mineola. Club Owner collects, uses and discloses personal information of the member(s) for the purposes of administering the Membership and this Agreement, operating the business of Club Owner and the Club Location, generating and analyzing market information, arranging personal training sessions with its contractors and offering products, services, and information to the member(s) that Club Owner determines may be of interest to the member(s). In collecting, using and disclosing the personal information to the member(s), Club Owner shall comply with all Federal and State Laws relating to the protection and privacy of personal information. Club Owner uses its best efforts to safeguard the personal information of the member(s), which is in the possession and control of Club Owner. Each member may access, review and correct their respective personal information that the Club Owner has on file to ensure that such personal information is accurate. If you wish to review your personal information that Club Owner has on file or if you have any question about your personal information, please Club Owner at the Club Location. By signing this agreement you hereby confirm that you have read and understood this paragraph and hereby consent to the collection, use and disclosure of your personal information, and the personal information of the other member(s), if any, and those of whom you are at law responsible, as contemplated herein. INDEMNIFICATION – You agree to indemnify and save harmless the Companies from and against any and all claims (except for claims that may be filed under sec. 702.251 of the Health Spa Act), actions or other proceedings of every kind and nature for any loss, injury, illness, death, damage and/or other liability whatsoever of every nature and kind, in law or in equity, whether now known, anticipated or otherwise, which any of the Club Users and/or any guest(s) had, have or may have against any of the Companies, directly or indirectly, arising out of, resulting from, or in any way associated with any Fitness Activity. AUTHORITY TO GRANT WAIVERS, RELEASES AND CONSENTS – If you are 18 years of age or older, you hereby represent and warrant that you have the capacity and authority to grant the waivers, releases, consents and indemnities contained in this agreement on your behalf and on behalf of the other Club Users, if any. The waivers, releases, consents and indemnities granted in this agreement shall be binding on you, your heirs, executors, personal representatives, successors, and assigns, and the other Club Users, if any, and their respective heirs, executors, personal representatives, successors and assigns. DEFAULT – THE BELOW TERMS ARE SUBJECT TO THE STATUTORY PROVISIONS FROM THE HEALTH SPA ACT You are required to comply with all the obligations of the member(s) under this agreement and shall cause the other Club Users, if any, to comply with same. If any of the Club Users default in or breaches any of the obligations under this agreement or any rule or regulation established, from time to time, by Club Owner, such default or breach shall be deemed to by your default or breach and in addition to any other remedy it has available to it under this agreement and at law, Club owner may suspend the right of any of the Club Users to access the Club Location and the facilities, either temporarily or permanently and/or terminate this agreement and the Membership upon written notice mailed or personally delivered to you. If Club Owner elects to terminate this agreement and the Membership as aforesaid, you shall return all security access cards issued to all of the member(s) on or before the date specified in such written notice. You shall be charged a fee of $20.00 for each security access card that is not returned by the said date.
GENERAL PROVISIONS – This agreement and the rules and regulations established by Club owner shall constitute the entire agreement between you and Club Owner. This agreement shall not be amended or modified unless such amendment is in writing, agreed to and signed by you and Club Owner. You may not assign this agreement and/or the Membership unless Club Owner expressly consents to such assignment in writing. Club Owner may assign this agreement at its sole and absolute discretion. Club Owner may at its sole discretion upon prior notice to you, add to, delete or change any of the fees and/or charges payable by you under this agreement, such notice shall BE deemed to be notice to Payer. All notices to be given under this agreement shall be provided in writing and if such notice is to be given to Club Owner, be delivered to the Club Location, or if such notice is to be given to any of the member(s), be delivered to the address set out immediately below the name of the primary member. Where Club Owner is required to pay or refund any amount to you under this agreement, payment or refund of such amount by Club Owner to Payer shall fully release and discharge Club Owner from its liability for same. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity of any other provision of this agreement, but such part shall be fully severable, and this agreement shall be construed and enforced as if such invalid or unenforceable part had never been inserted herein. All payment obligations, authorizations, consents, and waivers of the Club Users, and all releases and indemnities, contained in this agreement shall survive and not merge with the expiration or termination of this agreement. All rights and remedies of Club Owner under this agreement are cumulative and in addition to and not in substitution for any rights or remedies provided in law or in equity. INEPENDENT LEGAL ADVICE – You acknowledge, understand and agree that you have had the opportunity to seek independent legal advice inrelation to this agreement. In signing this agreement you acknowledge and agree that you have read and fully understand this agreement. You confirm that you are each executing this agreement voluntarily and willingly. CONFIRMATIONS – You confirm that the member(s) signing and/or initialing this agreement are all of the member(s) who are 18 years of age or older. You confirm that you have the option to receive a duplicate copy of this agreement.
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