NOTICE TO PURCHASER:
(1)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 CONTACTING YOUR HUMAN RESOURCES DIRECTOR OR PLAN MANAGER BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT AND FILLING OUT A CORPORATE MEMBERSHIP CANCELLATION FORM, ALONG WITH ANY SUPPORTING DOCUMENTS IF NEEDED, STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE/FORM MUST BE FAXED TO THE FOLLOWING FAX NUMBER: 866-499-1873, or EMAILED TO CorporateSalesCancellations@goldsgym.com.
(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
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: GOLD’S GYM, ATTN:
CORPORATE SALES CANCELLATIONS, 125 E. JOHN CARPENTER FREEWAY, STE. 1300, IRVING, TX 75062, or CorporateSalesCancellations@goldsgym.com.
(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 UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO
THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: GOLD’S GYM, ATTN: CORPORATE SALES
CANCELLATIONS, 125 E. JOHN CARPENTER FREEWAY, STE. 1300, IRVING, TX 75062, or CorporateSalesCancellations@goldsgym.com.
ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
GENERAL: Member has joined the Gold’s Gym location designated at the top of this Agreement. Gold’s Gym may allow Member to use other Gold’s Gym facilities at its sole discretion. Gold’s Gym reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by Gold’s Gym and may be changed at any time in its sole discretion. Gold’s Gym 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. Gold’s
Gym 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 on this Agreement is the property of Gold’s Gym and its subsidiaries. Membership does not confer on Member any ownership interest in Gold’s Gym or any of its property.
RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of Gold’s Gym’s equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member acknowledges Member will adhere to the Rules and
Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented.
Gold’s Gym reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. Gold’s Gym may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Gold’s Gym in its sole
discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation.
POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Gold’s Gym’s facilities, unless such a document is first submitted and approved by the management of Gold’s Gym.
LIABILITY FOR PERSONAL PROPERTY: Gold’s Gym shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any equipment, furniture or fixture located thereon caused by Member or any of Member’s guests or invitees.
PAYMENT DEFAULT: If Member fails to pay any amount when due under this Agreement, Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount to Gold’s Gym when due, Member shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expenses.
HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Gold’s Gym that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Gold’s Gym’s facilities. Member acknowledges that Gold’s Gym has not given Member any medical advice before Member joined Gold’s Gym and cannot give Member any such advice after Member joins Gold’s Gym, whether related to Member’s physical condition and ability to use the facilities and services of Gold’s Gym or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional prior to and while using Gold’s Gym’s facilities.
MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Alabama without regard to principles of conflicts of laws,
(ii)this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
NO OTHER RIGHT TO CANCEL, INCLUDING FOR NON-USE OF FACILITIES: Unless otherwise specified in the Notice of Consumer Rights, this Agreement is not cancelable by Member except as expressly provided above including, without limitation, by reason of Member’s failure to utilize the facilities of Gold’s Gym.
AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make any changes to this Agreement or to make any independent agreement with any member. Member likewise cannot make alterations or changes to this Membership Agreement.