2565 Washington St Suite B, Roxbury, MA 02119
TERMS & CONDITIONS
RENEWAL PROGRAM OPTIONS: MONTH TO MONTH AGREEMENTS: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be canceled at any time with a 30 day WRITTEN notice performed in person at the club's address, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel. TERM AGREEMENT AUTOMATIC RENEWAL PROGRAMS: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the CURRENT rate. Cancellation of Renewal and\or any additional Payment Schedules set forth by this agreement, will require a 30-day WRITTEN notice performed in person at the club's address. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has a 12 month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.
PAID IN FULL or NON RENEWAL (3-12 months): This is a non-transferable membership that will expire on 52 weeks after the first payment is made on the account.
NO REFUNDS WILL BE PROCESSED FOR THE PAID IN FULL MEMBERSHIPS
A Key Fob fee of $9.99 will be billed on the first day of membership and each year thereafter.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SER-VICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the 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. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), Live Longer Get Fit Fitness, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. By signing this document you are allowing Live Longer Get Fit Fitness to authorize partial transactions if your payment is returned. The partial transactions will continue to run until all payments are paid in full. You are consenting to a $35 late fee if payment is past due. This will not affect any other provisions of this agreement.
CONSUMER'S RIGHT TO CANCELLATION YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT. The notice of the buyer's cancellation of his contract shall be in writing and delivered in person or by certified or registered United
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States mail at the address specified in the contract. Such notice shall be accompanied by the contract forms, member-ship cards and any other documents or evidence of membership previously delivered to the buyer.
ADDITIONAL RIGHTS TO CANCELLATION You or your estate may also cancel this contract for any of the following reasons: if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death; If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location. If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller's obligation under the contract. All monies paid by the buyer pursuant to a contract for health club services which has been canceled for one of the reasons contained in this section shall be refunded to the buyer or his estate within fifteen days of the seller's receipt of such notice of cancellation; provided, however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer prior to cancellation; and provided, further, that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of the price of the contract for health club services, any such negotiable instrument executed by the buyer shall also be returned and terminated within fifteen days. The buyer shall no longer be liable for any obligation under such credit or loan agreement. Membership Freeze Policy: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from thirty (30) to ninety (90) days at a time. Live Longer Get Fit Fitness may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the Club, the freeze will terminate. Time of any freeze will be credited to the end of your membership's original term. Maintenance of Facilities: The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes without any refund or credit to you. General: 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. The hours of operation will be set by Live Longer Get Fit Fitness and may be changed at any time at its sole discretion. Live Longer Get Fit Fitness is not required to continue any particular programs, facilities, services or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. Live Longer Get Fit Fitness expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information in this Agreement is the property of Live Longer Get Fit Fitness. Membership does not confer on you or any successors and/or assigns any ownership interest in Live Longer Get Fit Fitness or any of its property. Pandemic Clause: If for any reason Live Longer Get Fit Fitness ("The Club") is mandated to shut down due to government requirements Live Longer Get Fit Fitness reserves the right to continue charging the client each month for up to 6 months of Club closure. The fee and dues associated with this time frame are non-refundable and will apply to the back end of the clients contract extending the contract by the same time as the shut down is enforced. By signing this document the client agrees to this term of agreement. Member's General Obligations: (1) I agrees to abide by all Live Longer Get Fit Fitness policies, follow the directions of the Club staff regarding safety and security issues, and to treat the staff and other members with courtesy. (2) I agree to pay monthly dues on time, including notifying Live Longer Get Fit Fitness 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. (3) I agree to pay all costs of collection incurred by the holder of this Agreement if this account becomes more than sixty (60) days past due. (4) I agree to continue to fulfill the financial obligation of this Agreement.
Rules and Regulations: 1. By executing this Agreement, I hereby join the Club and such membership entitles me to use the facilities. I am entitled to use the Club only and I shall be required to provide my own athletic equipment and clothes. 2. I must present upon entering the Club my membership card/access card. I agree that I may be denied access to the Club without my membership card/security access key. 3. I agree to abide by all membership regulations of Live Longer Get Fit Fitness. I agree to comply with stated and customary rules for participation and use of equipment. 4. If I breach or violate this Agreement or breach or violate any of the rules and regulations for use of the Club, Live Longer Get Fit Fitness may suspend my right to use the Club until such time as I provide Live Longer Get Fit Fitness with reasonable assurance of future compliance. During the period of any such suspension, I shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Agreement. In the event I continue to violate the terms of this Agreement or the rules and regulations governing the Club, my membership may be terminated by Live Longer Get Fit Fitness, and the balance of the contract declared due and
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payable in full immediately. 5. I agree that I shall not engage in any type of commercial or business activity while using the facilities. I shall not act as a trainer for any other member or guest and any act which constitute such business activity is strictly forbidden. If I engage in such commercial or business activities my membership shall be subject to immediate cancellation and the balance of the Agreement declared due and payable in full immediately. 6. I agree that I shall abide by the Live Longer Get Fit Fitness dress code at all times while in the Club. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in the Club. 7. I agree that I shall not use loud or profane language upon the Club premises nor shall I molest, badger, assault or harass other Club members, guests or employees. If I engage in such behavior, my membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately. 8. I understand that Live Longer Get Fit Fitness prohibits the use of any drugs or steroids and I agree not to use any drugs or steroids on the Club premises. I recognize and acknowledge that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of drugs or steroids and no such activity is allowed upon Club premises. 9. I agree that if I fail to use the Club facilities that shall not release myself from the obligation to make all payments required by the terms of this Agreement. 10. I allow Live Longer Get Fit Fitness and its employees and agents the right to photograph, record, and/or otherwise reproduce my likeness, name and/or voice in, and in connection with, the exhibition, display or other reproduction of any photograph, motion picture, video recording, audio recording or similar reproduction in which it may be used and/or incorporated. Live Longer Get Fit Fitness may use the photograph, motion picture, audio recording, video recording or other reproduction for advertising, internet, or other purposes. 11. Live Longer Get Fit Fitness retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at the Club from time to time and you shall be subject to strict compliance therewith. 12. The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Live Longer Get Fit Fitness facilities, unless such a document is first submitted and approved by the management of Live Longer Get Fit Fitness. 13. Cancellations can be finalized and subscriptions canceled ONLY WHEN KEY FOB/CARD IS RETURNED. 14. There is a mandatory $35.00 late charge on all accounts that are 10 days overdue from the due date assigned. 15. There will be a $15.00 administration fee associated with the down-grade of any membership tier. 16. Once a year there will be a mandatory fee charged to all members. The fee is $108.99 and includes all of the required administration and security fees that are accrued throughout the year. This fee will be charged on the 52nd week of each membership during operations. 1. The Club is under 24-hour recorded video surveillance, which may be retained by Live Longer Get Fit Fitness for subsequent review, and your security access key usage is logged. 2. I will not bring in guests at any time without the prior written consent of the Club staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, I may be charged a guest fee and/or have my membership suspended or canceled, the balance of the Agreement declared due and payable in full immediately, and be assessed a penalty of up to $250.00. I may not allow anyone else to use my security access k e y and must alert Live Longer Get Fit Fitness immediately if it is lost or stolen. Violating this security access key policy carries the same penalties as violating the guest policy. Furthermore, if your security access key is lost or stolen, you understand and agree that Live Longer Get Fit Fitness will charge you a $10.00 penalty. 3. If I do not have my key access card, I will not be allowed into the facility during non-staffed hours, nor should I enter the facility during unstaffed hours. 4. Personal training services provided in this facility may be provided either by owners, employees of the Live Longer Get Fit Fitness or by independent contractors operating their own business who are retained by Live Longer Get Fit Fitness. Regardless, all payments for personal training services are to be made to Live Longer Get Fit Fitness who will pay the trainers as the services are provided. 5. I have access to a free orientation to the Club and the proper use of all equipment. It is my responsibility to request this orientation. 6. It is my responsibility to wipe down all equipment after each use and re-rack the weights they use. 7. I am required to use the safety features of the equipment. If I am unsure of how to use a machine, I should obtain instructions from the staff or personal trainers. 8. I am responsible for understanding how to operate the panic alarms, if any, and agree to use them only in case of an emergency. 9. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of your membership, and the balance of the Agreement being declared due and payable in full immediately. 10. Cell phones are not permitted in the exercise/cardio area. Photography and/or videography are not allowed anywhere in the Club Liability For Personal Property: Live Longer Get Fit Fitness shall not be liable to you or any of your guests or invitees for any personal property that is damaged, lost or stolen while on or around Live Longer Get Fit Fitness premises including, but not limited to, a vehicle or its contents or any property left in a locker. I shall be liable to Live Longer Get Fit Fitness for any damage to Live Longer Get Fit Fitness facilities and any equipment, furniture or fixture located thereon caused by myself or any of my guests or invitees.
ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently Stripe Inc. MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN CONSENT: Certain laws and regulations may require Live Longer Get Fit Fitness to provide Member with written notices and disclosures on paper. With Member's consent, this information may be provided to Member electronically. Member's consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that Live Longer Get Fit Fitness may provide Member. Member's consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Live Longer Get Fit Fitness and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Live Longer Get Fit Fitness. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member's receipt of the Documents. Member agrees to maintain a valid email address with Live Longer Get Fit Fitness and to promptly notify Live Longer Get Fit Fitness of any changes to Member's email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Live Longer Get Fit Fitness. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member's electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that they may also need a certain brand or device that can support applications intended for Member's electronic mobile devices, tablets, and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Live Longer Get Fit Fitness will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view, and receive the Documents electronically, and that Member has provided a valid and active email address to Live Longer Get Fit Fitness. ([email protected])
TERMS AND CONDITIONS, RELEASE OF RESPONSIBILITY AND PERMISSION TO TREAT ALL NEW PROGRAMS INCLUDED AN ENROLLMENT AND SET-UP FEE WHICH IS NON-REFUNDABLE. I understand that ALL SALES ARE FINAL and that any and all memberships and services are non-refundable and non exchangeable once the supplement or product leaves the center or is delivered.
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