THE GYM, LLC MEMBERSHIP AGREEMENT

Transcription

1 Member s Name: THE GYM, LLC MEMBERSHIP AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned ( Member ) and THE GYM, LLC, a Colorado limited liability company ( The Gym ), whose address is 2030 Ionosphere Longmont, CO 80504, Unit C agree as follows: 1. Membership. Upon execution of this Agreement by both parties, Member shall have full membership rights to use The Gym s fitness center located at 2030 Ionosphere Longmont, CO ( Fitness Center ), subject to the terms and conditions of this Agreement. Member agrees to abide by the terms and conditions of this Agreement and all Rules and Regulations set forth on Exhibit A attached hereto or otherwise posted by The Gym in the Fitness Center. 2. Membership Price. The initial membership fee shall be $ per month and shall be payable by electronic funds transfer as provided in paragraph 3. The Gym may increase the membership fee by providing written notice to Member at least 60 days prior to the effective date of such increase. 3. Access/Use. The Gym will issue an access card to Member that will allow Member to enter and use the Fitness Center. Member agrees to not allow any other person to access the Fitness Center, unless such person is also a member of the Fitness Center. If Member violates the conditions of this paragraph, Member s membership pursuant to this Agreement shall terminate immediately. The facility is equipped with surveillance cameras for the protection of the Fitness Center and its equipment. Member gives its consent to be photographed and/or recorded. 4. Term; Termination. This Agreement shall commence on the date it is signed by The Gym and shall continue on a month-to-month basis until terminated as provided herein. Either party may terminate this Agreement at any time by providing written notice to the other party at least 30-days prior to the effective date of termination. The Gym may terminate this Agreement immediately upon a breach of this Agreement by Member or violation by Member of any Rules and Regulations of The Gym. The Gym s right to terminate this Agreement as a result of a breach of this Agreement or violation of the Rules and Regulations shall be in addition to all other rights and remedies it may have at law or in equity. 5. Unmanned Facility. The Fitness Center is an unmanned facility and there will be NO supervision or assistance provided by The Gym. Furthermore, the surveillance cameras will not be monitored by The Gym on a regular basis. As such, Member acknowledges that there will likely be no one to assist Member in the event of an emergency (e.g. injury, heart attack, stroke, unconsciousness) and that The Gym has no duty to provide assistance to Member. It is highly recommended that Member use the Fitness Center with another member.

2 INITIAL: 6. Assumption of Risk. Member hereby acknowledges that there are inherent hazards and risks associated with physical fitness training and with the use of heavy weights and complex fitness machines that have the potential of malfunctioning and causing injury. The associated risks include, without limitation, (1) minor injuries such as scratches, bruises, muscle strains, and sprains; (2) although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks; and (3) although extremely rare, catastrophic injuries including paralysis and death. Member acknowledges and agrees that Member s access to and use of the Fitness Center is entirely at Member s own risk and Member assumes all risk of injury, illness, and death. This paragraph shall survive termination of this Agreement. INITIAL: 7. Waiver; Indemnity. Member hereby releases, waives, discharges, and covenant not to sue, The Gym, its owners, officers, members, managers, employees, affiliates, and agents, from liability for any and all claims arising from or any way related to Member s access to or use of the Fitness Center, including, without limitation, all injuries that may occur as a result of Member s use of equipment in the Fitness Center, the malfunctioning of equipment in the Fitness Center, or Member slipping and/or falling while in the Fitness Center or on sidewalks and parking areas adjacent thereto. The foregoing waiver also includes claims arising from the negligence of any of the aforementioned parties, claims resulting from damage to, loss of, or theft of personal property, and claims of personal injury (including death) from accidents or illness arising directly or indirectly from access to or use of the Fitness Center. Member also agrees to indemnify, defend and hold harmless The Gym and its owners, officers, members, managers, employees, volunteers, personal and agents from any and all claims, liabilities, suits, damages, costs (including without limitation reasonable attorneys fees and costs), and expenses arising out of or in any way related to Member s access to or use of the Facilities. This paragraph shall survive termination of this Agreement. INITIAL: 8. Miscellaneous. This Agreement shall be binding on the parties and their heirs, personal representatives, successors, and permitted assigns. This Agreement shall not be assignable by Member without the written consent of The Gym. The exclusive jurisdiction and venue for any dispute regarding this Agreement shall be the City and County of Boulder, Colorado, and this Agreement shall be governed by Colorado law. Should any part or provision of this Agreement be held unenforceable, the validity of the remaining parts or provisions shall not be affected by such holding, provided the intent of the parties can be given effect except for immaterial matters. In the event a party commences an action against another party to enforce its rights under this Agreement, the prevailing party in such action shall be awarded all of its costs and expenses in connection therewith, including reasonable attorneys and legal fees and costs. This Agreement constitutes the entire Agreement and understanding between the parties as

3 to the subject matter hereof, and supersedes and replaces all prior or contemporaneous agreements, written or oral, as to such subject matter. Except as otherwise provided herein, this Agreement may be changed only in writing and signed by both parties hereto. The undersigned Member acknowledges that such Member has received, read and understands the terms and conditions of this Agreement. MEMBER: Client Signature: Print Name: Date: THE GYM, LLC, a Colorado limited liability company By: Dan Greenbaum, Owner Sara Greenbaum, Owner

4 INITIAL: EXHIBIT A THE GYM, LLC RULES AND REGULATIONS The following Rules and Regulations shall apply to use of the Fitness Center: 4. Under no circumstances shall a member move exercise equipment or use the equipment in any manner not authorized by The Gym, LLC. 5. All equipment shall be wiped down after each use. 6. No member will give access to another individual, other than another member, or misuse the equipment. All members shall take care to prevent unauthorized entry to the club by non-members. 7. Members are to conduct themselves so as not to unreasonably interfere with other members use and enjoyment of the facility. No profanity is allowed in the club at anytime. Management reserves the right to have anyone who exhibits any type of disorderly conduct immediately removed from the premises. 8. All participants must be at least eighteen years of age unless otherwise authorized by The Gym, LLC. 9. The Gym, LLC is not responsible for damaged, lost or stolen items. 10. Member shall not occupy a weight station for an extended period of time. Member shall allow those waiting for machines to work into their rotation. 11. The climate of the Fitness Center is controlled by The Gym, LLC. Members shall not change or seek to change any environmental controls and shall never prop open any facility doors or windows for any purposes. 12. No alcoholic beverages, illicit drugs, or anabolic steroids shall be permitted inside the Fitness center at any time. Use of Fitness Center while under the influence of drugs, alcohol, or medication that may impair the ability to operate equipment is strictly prohibited. 13. Smoking is strictly prohibited in any area of the Fitness Center and the entryway and sidewalks adjacent thereto.

5 14. You must wear appropriate clothing and footwear while in the Facilities. 15. Member agrees to reimburse the center for any damages arising from intentionally damaging or reckless use of any equipment or systems used in the Fitness Center. 16. The possession of any weapon is strictly prohibited while in the Fitness Center. 17. The Gym LLC reserves the right to add, change or amend these Rules and Regulations at anytime with no prior notice in order to protect the quality of the membership experience.