MEMBERSHIP TERMS AND CONDITION
1. Parties
WorldSprings (as previously defined) and you agree that by signing this agreement, you are purchasing a membership or services and agree to all the terms contained in this agreement. The term “WorldSprings” includes its heirs, estates, agents, representatives, officers, directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds, all these included persons and entities. It is your responsibility to notify WorldSprings of any change in your mailing address, billing information or contact information.
2. Representations
A) Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of WorldSprings’ facilities, including any available activities, treatments, therapies or services. You acknowledge that WorldSprings did not give you medical advice before you became a member, and that WorldSprings cannot give you medical advice after you join. We do not give members advice relating to their physical condition or ability to use the facilities or partake in our activities, treatments, therapies or services, so if you have any health or medical concerns now or after you join, please discuss them with your doctor before using the facilities or partaking in any of our activities, treatments, therapies or services.
B) Liability for Property: Neither WorldSprings nor any of its affiliates is liable to you or your guests for any personal property that is damaged, lost, or stolen while on or around WorldSprings’ premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to WorldSprings’ facilities, you are liable to WorldSprings for its cost of repair or replacement.
C) Entire Agreement & Enforcement: You acknowledge that neither WorldSprings, nor anyone else, made any representations nor promises upon which you relied that are not stated in this agreement. This document contains the entire agreement between you and WorldSprings and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If WorldSprings does not enforce any right in this agreement for any reason, WorldSprings does not waive its right to enforce it later. This agreement and all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and agree that such copies will be given the same legal effect as the original signed agreement.
3. Membership
A) General: Your membership permits you to use WorldSprings’ premises, facilities, equipment and services and your dues are in exchange for such access whether you use the facilities or not. Your membership is subject to all current WorldSprings policies, rules, terms, conditions and limitations including, but not limited to, transferability rules, guest privilege rules, and dress code. Your membership gives you no rights in WorldSprings, its management, ownership, property or operation. WorldSprings may assign or transfer your membership in its sole discretion. You have no right to assign your membership or this agreement. WorldSprings reserves the right to sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only as provided by WorldSprings in writing signed by an authorized WorldSprings signatory.
B) Classes: WorldSprings may offer pre-scheduled group classes from time to time. The number of participants in group classes may be limited. Group classes will be made available either on an appointment basis or on a “first come, first served” basis. These classes are strictly informational and instructional in nature and not intended as personal training.
C) Transfer of Location: Memberships are based on your WorldSprings location and not transferable.
D) Non-Discrimination: It is the policy of WorldSprings not to discriminate against any person on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, age or disability.
E) Changes to Membership Agreement: WorldSprings may, from time to time, make changes to this agreement, other than to your guaranteed Membership Fee. Such revisions will be effective immediately. Your continued use of WorldSprings’ facilities and/or services shall constitute acceptance of these changes.
F) Privacy: WorldSprings collects, uses and discloses certain personal information of members in accordance with its Privacy Policy. The WorldSprings Privacy Policy is available at https://www.worldsprings.com/privacy-policy. Please review the Privacy Policy before signing this agreement as it contains important information relating to your personal information. WorldSprings may contact you from time to time by telephone, email, text message or other means with information and offers related to your membership which may be of interest to you. If you do not wish to receive such messages, you can opt out at any time.
G) Dispute Resolution: In the unlikely event that WorldSprings is unable to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute with you after attempting to do so informally), both parties agree to resolve such disputes through binding arbitration or small claims court rather than a court of general jurisdiction. For simplicity and fairness, arbitration will be conducted on an individual basis in accordance with the American Arbitration Association’s rules for consumer arbitration. By signing this agreement, you acknowledge and agree that you and WorldSprings are each waiving the right to a trial by jury and the right to participate in a class action, either in court or in arbitration. This Dispute Resolution provision shall apply to this contract unless, within thirty (30) days of signing this contract, you notify WorldSprings in writing that you reject this provision. Such notification must be made in writing delivered to the WorldSprings address listed on the first page. Rejection of this provision shall have no effect on the remaining provisions of this contract.
4. Rules & Regulations
You agree to follow WorldSprings’ membership policies and rules. WorldSprings may, in its sole discretion, modify the policies and any rule without notice at any time. WorldSprings rules vary by location and all signs posted in a WorldSprings location or on its premises and any verbal communication from WorldSprings shall be considered a part of its rules. WorldSprings reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for violation of any membership policy or rule.
5. Dress Code
WorldSprings strives to provide a safe and comfortable environment for all members. As such, WorldSprings management and staff may enforce, and you agree to abide by, a dress code in all areas of the club. Clothing that may be perceived as intimidating, revealing or offensive, as well as clothing that may present a safety hazard or damage equipment, is not allowed.
6. Account Information Notifications
WorldSprings may contact you via telephone, email, text message or other means from time to time for the purpose of notifying you of issues related to your membership or billing information or for automatic payment processing issues. By providing us with your contact information and signing this agreement, you give your prior express written consent to receive membership and billing-related communications from us or our authorized delegate to the extent permitted by applicable law, including without limitation the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
7. Facilities & Services
A) WorldSprings reserves the right at any time to remove, discontinue, repair or replace the facilities, equipment, treatments, therapies or services available to members without any effect on this agreement. WorldSprings also reserves the right to make changes to the type or quantity of equipment, programs, treatments, therapies or services offered to members and to alter the hours of operation in WorldSprings’ sole discretion. You acknowledge and agree that the facilities, equipment, programs, treatments, therapies and services currently available are subject to change from time to time and are offered on a “first come, first served basis.”
B) WorldSprings regularly closes its facilities (or portions of its facilities) for maintenance on a temporary basis and also closes on selected holidays, etc. and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable.
8. Dues, Fees, Charges & Taxes
A) Payment Authorization. You have full control over the payment authorization and can stop it at any time by notifying WorldSprings as set forth on the front page of this agreement. You are responsible for notifying your bank or credit card company of any error that appears on your statement in a timely manner. You must notify WorldSprings within sixty (60) days of a claimed error on your statement.
B) Charges & Taxes: WorldSprings has the right to add any applicable tax imposed by the government as well as any utility charges or surcharges to any fees or dues under this agreement.
9. Cancellation Rights (Buyer’s Rights)
Prior to utilizing your membership, you may cancel this transaction in writing any time prior to 5 PM, Central Time, of the third business day after the date first set forth above.
10. Limitation of Liability
Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental, consequential or punitive damages, even if one party told the other party that they might suffer these damages.