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MEMBERSHIP AUTHORIZATION FOR PAYMENT OF MONTHLY DUES AND CHARGES
**Please read the nine clauses on the following page and initially next to each clause acknowledging that you have read the clause and agree to abide by the contents of that clause.
1). I agree to give STS Performance a 30 day notice prior to cancelation the effective date of any cancelation of Membership
2) I AGREE THAT THE NOTICE OF CANCELLATION FORM MUST BE FILLED OUT AND SIGNED IN PERSON.
3) I AGREE THAT MY MEMBERSHIP WILL REMAIN ACTIVE FOR 30 DAYS AFTER THE DATE I SIGN THE NOTICE OF CANCELLATION FORM.
4) I AUTHORIZE ANY MEMBERSHIP FEE THAT FALLS WITHIN THE 30-DAY CANCELLATION PERIOD REQUIRED, TO BE CHARGED IN FULL.
5) I agree that if I cancel my membership and decide to reinstate my membership at a later date, the membership rate will be reflective of current monthly dues and are not subject to remain the same prior to cancelling my membership.
6) In the event I refuse to pay for any monthly charges owed, I acknowledge that my debt will be sold to a debt collection agency under my name.
7) I agree that I may not temporarily freeze my membership nor transfer my membership to another person for any reason.
8) At the time of cancellation of my membership I agree to pay any remaining fees owed and agree that I am responsible for payment of any past due balances.
9) It is agreed that all use of The Facility will be undertaken by a Member at his or her own risk. Members are aware that there are significant risks involved in all aspects of physical training. Member expressly agrees and contracts on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, that The Facility, its owners, members, managers, employees, representatives, and agents, shall not be liable for any damages arising from personal injuries (including death) sustained by Member in, on, or about the Facility, regardless of whether such injuries result, in whole or in part, from the negligence of STS PERFORMANCE . The Facility expressly disclaims all warranties, express or implied. It is further agreed that The Facility, its owners, members, managers, employees, representatives, and agents will not be liable for any damages arising from personal injuries (including death) sustained by Member in, on, or about the Facility, regardless of whether such injuries result, in whole or in part, from the negligence of STS PERFORMANCE. The Facility expressly disclaims all warranties, express or implied. It is further agreed that The Facility, its owners, members, managers, employees, representatives, and agents will not be liable for any damages - direct, consequential, exemplary, special, punitive, or otherwise - arising from personal injuries (including death) sustained by Member in, on, or about The Facility’s premises or as a result of Member’s use of the equipment therein.
Fees: Member (as used herein, the term “Member” shall mean and refer to the undersigned) agrees to promptly pay all the monthly membership fees while their membership is active. The first month’s membership fees or pro-ration thereof will be due upon signing the STS PERFORMANCE Agreement. Membership fees will be billed on the first of the month and are due and payable with or without a statement.Returned credit cards will be charged a $29 return fee. Returned draft attempts will be charged a $17.50 processing fee. Please keep your credit card and bank account information up-to-date to avoid these charges. When new credit cards are issued with new expiration dates, you need to notify STS PERFORMANCE so your next membership fee payment can be processed on time. A 30-day notice will be given whenever there will be an increase in membership fees to maintain the quality of The Facility (as used herein, the term “The Facility” shall mean and refer to STS PERFORMANCE, including its agents and staff members), if so desired, Member may terminate his or her membership during such30-day period.
Unpaid Fees: In the event the Member refuses to pay for any monthly charges or membership fees owed, Member’s debt will be sold to a debt collection agency under Member’s name.
Term : After Member has completed the term of his or her membership (as set forth in the STS PERFORMANCE Agreement), membership will automatically renew on a month-to -month-basis until Member executes and signs the STS Cancellation form in person.
Additional Fees: Member will be subject to the following additional fees should Member choose to rent a locker: Lockers are $10.00 per month.
Rules and Regulations: Members agree to abide by the rules and regulations that may be promulgated from time to time by The Facility. Member agrees that violation of such rules and regulations may cause Member’s membership to be immediately terminated in the sole discretion of The Facility.
Age Requirements: This is an ADULT ONLY Facility and anyone under the age of 18 is only allowed to be in The Facility so long as they are supervised by a parent who is present or in a specialized training setting. No children are allowed unsupervised in the gym under any circumstances. Members violating this policy will be notified by management and could lose all membership privileges.
Liability Waiver: It is agreed that all use of The Facility will be undertaken by Member at his or her own risk. Member is aware that there are significant risks involved in all aspects of physical training. Member expressly agrees and contracts on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, that The Facility, its owners, members, managers, employees, representatives, and agents, shall not be liable for any damages arising from personal injuries (including death) sustained by Member in, on, or about the Facility, regardless of whether such injuries result, in whole or in part, from the negligence of STS PERFORMANCE. The Facility expressly disclaims all warranties, express or implied. It is further agreed that The Facility, its owners, members, managers, employees, representatives, and agents will not be liable for any damages - direct, consequential, exemplary, special, punitive, or otherwise - arising from personal injuries (including death) sustained by Member in, on, or about The Facility’s premises or as a result of Member’s use of the equipment therein. Member’s sole and exclusive remedy for breach by The Facility will be the return of any pre-paid membership dues. Member accepts full responsibility of any injuries (including death) or damages that may occur to the Member in, on, or about The Facility’s premises and further agrees that The Facility will not be liable for any damage, loss or theft of Member’s personal property. Member does hereby fully and forever release and discharge The Facility, its owners, members, managers, employees, representatives, and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether they be known or unknown, anticipated, or unanticipated, resulting from or arising out of Member’s use or intended use of The Facility and equipment therein.
Member’s Physical condition: Member represents and warrants that Member is in good physical condition and that he or she has no disability, impairment or ailment preventing him or her from engaging in active or passive exercise or that may be detrimental or inimical to his or her health, safety, comfort, or physical condition if he or she does so engage or participate. Please advise STS PERFORMANCE staff of any health problems
Use of Equipment: Member agrees to return all free weights and equipment to racks when finished. Gym wipes are provided for cleaning the equipment after they are used. For Members' safety, always wipe down and spray your station with the wipes provided after use.
Staff Instructions and Injury Report: Member agrees to be subject to the control and guidance of all The Facility staff while on The Facility’s premises and will follow the instructions of the staff. Member agrees to conduct himself or herself in a quiet, well-mannered fashion while on The Facility’s premises. In the event of an accident, Member agrees to be examined at Member’s sole expense by a licensed physician and Member agrees to complete and return The Facility’s accident and injury report form to The Facility.
Lockers/Cubbies: Cubbies are provided for Members to store gym bags or other personal belongings while in The Facility. Lockers are available for an additional fee of $10 per month. Member agrees not to leave personal belongings-in the cubbies when leaving The Facility. The Facility is not responsible for any personal belongings left in cubbies at The Facility. The Facility reserves the right to remove items that are left in cubbies overnight and assumes no responsibility for the contents of the cubbies and lockers. Please keep all valuables at home. The Facility is not responsible for lost or stolen items. No gym bags are allowed on the gym floor where members perform activities. For Members’ safety, The Facility does not advise that Members leave keys or personal items where their safety cannot be guaranteed.
Lost or Stolen Items: The Facility is not responsible for lost or stolen items. If Member has left something (in error) please notify STS PERFORMANCE staff immediately. The staff is happy to look fo you. Valuables are best left in Member’s locked automobile and not brought to The Facility at all. If Member finds a lost article, please place it in the Lost & Found cubby. Please be aware, the Lost & Found cubby will be cleaned out regularly.
Parking and Building Access: For your convenience, there are designated spots in The Facility’s lot and on the street.
Unavailability of Facility: The Facility reserves the right, and without prior notice to Member, to temporarily close The Facility or a portion thereof, for remodeling, improvements or repairs. The Facility reserves the right to permanently close The Facility, and in such event, the Member’s membership will be terminated.
Freezing or Transferring Agreement: Member may not temporarily freeze their membership nor transfer their membership to another person.
Cancellation of Agreement: Member may cancel this Agreement after the contract is fulfilled. The cancellation process requires a 30-DAY NOTICE, such that the membership will remain active for 30 days after Member executes and signs the Cancellation Form in person. When cancelling Member’s membership, Member must fill out the cancellation form IN PERSON. Phone messages or e-mail communication cannot serve as notice to cancel as Member’s signature is required. To cancel membership, Member should follow the below procedures: 1) GIVE STS PERFORMANCE 30-DAYS NOTICE OF CANCELLATION PRIOR TO THE DATE MEMBER WANTS CANCELLATION TO TAKE EFFECT. 2) THE NOTICE OF CANCELLATION FORM MUST BE FILLED OUT AND SIGNED IN PERSON.
3) MEMBERSHIP WILL REMAIN ACTIVE FOR 30 DAYS AFTER THE DATE MEMBER SIGNS THE NOTICE OF CANCELLATION FORM. 4) MEMBER IS RESPONSIBLE FOR PAYING ANY MEMBERSHIP FEE THAT FALLS WITHIN THE 30-DAY CANCELLATION PERIOD REQUIRED . 5) Member will pay any remaining fees at the time of cancellation and is also responsible for payment of any past due balances. 6) In the event Member refuses to pay for any remaining fees and past due balances at the time of cancellation, your debt will be sold to a debt collection agency under Member’s name. 7) If membership is reinstated at a later date, rate will be reflective of current monthly dues and are not subject to remain the same. 8) Cancellation Form needs to be received by the STS PERFORMANCE staff member to be reflective. 9) Cancellation will be denied should the last 30-day payment be returned. If the payment is denied or returned for any reason, Member must resubmit a new cancellation request. Member is subject to any and all fees associated with the denial (NSF or Chargeback fees) and will be subject to another 30-day notice payment. Member is solely responsible for understanding the process for canceling his or her membership as stated above. To qualify for cancellation, the account must be current. Member may cancel membership if he or she moves a distance greater than 30 miles from the gym. Proof of move must accompany the request by providing one of the following forms of accepted documentation: utility bill (H2O, Land Phone, Gas, Electric, Cable), military orders with a reporting date < 30 days away, paycheck with new address, receipt for payment of university tuition 30+ miles away, notarized copy of mortgage or rental lease from an authorized leasing company (no individuals). The following will not be accepted: cell phone, bank account, or credit card statement, post office address change form, driver’s license, acceptance letter, school schedule, or anything other than the above will not be accepted. (Why? Having a driver’s license or bank account in California does not necessarily mean you reside in California.) Member may cancel membership if he or she develops a full disability, which prohibits him or her from utilizing all portions of the gym. A doctor’s note will be accepted. In the event of a death, a certificate or published obituary must be provided. Per the contract the account must be current in order to submit a cancellation request. Again, our billing service requires a 30-day notice and that the last payment be paid at the time of the request
Injury and First Aid: In the event that Member or another individual becomes injured, Member or individual has several options: • For minor injuries, (cuts, abrasions, etc.) a first aid kit is located near the front desk. • For serious injuries that need medical treatment, dial 911. • Report all injuries (no matter how minor) to STS PERFORMANCE staff at The Facility at the time of the incident.Tobacco Free Area: The Facility promotes a healthy lifestyle. Using tobacco products (cigarettes, cigars, pipe, chewing tobacco, or snuff) in the building are strictly prohibited.
Animals : There are NO PETS ALLOWED in The Facility or tied up to the The Facility doors immediately outside The Facility. In the event a Member brings any type of animal to The Facility, Member will be asked to put the animal in their vehicle or take the animal home if it is too hot for the animal to be kept safely in the vehicle while Member is using The Facility.
Indemnification: Member agrees to indemnify and hold The Facility harmless for any and all liability, loss, claims, expenses (including attorney’s fees), and other damages (collectively, "Damages") resulting from a breach of this Agreement or caused by member in connection with his or her use of The Facility or the equipment therein, including property damage and personal injury or death.
Text Alerts: Member may receive text alerts straight to his or her mobile device regarding class cancellations, additions, schedule changes, and event information. This service in included in membership. To sign up provide your cell phone number and cell phone provider at the front desk.
General: The provisions of this Agreement are severable. If any provision of this Agreement is declared to be void, not valid or unenforceable, it is the intention of the parties to this Agreement that the remainder of this Agreement remain valid and enforceable. This Agreement and the rules and regulations referenced herein represent the entire agreement between The Facility and Member. The Facility will have all rights and remedies provided by law and the remedies provided in this Agreement are cumulative. The laws of the State of govern this Agreement. Member must be 18 years old or older. A photocopy of Member’s driver’s license is required to complete this Application/Agreement. I ACKNOWLEDGE THAT I HAVE READ THE TERMS AND CONDITIONS FOR STS PERFORMANCE IN THEIR ENTIRETY AND AGREE TO ALL TERMS AND CONDITIONS.
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