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Waiver: I voluntarily consent to participate in a program of exercise for fitness. I realize that there is an inherent risk that I may experience cramps, sprains, bruises, fractures and other injuries along with more serious problems such as heart attacks, heart rhythm abnormalities and other cardio respiratory problems. I also understand that I should obtain my physicians permission before participating in any exercise program, especially if I am over 35 years of age and have not been engaging in regular strenuous exercise. I also realize that any fitness activity or sport can be hazardous and that proper safety equipment is required. Finally, I release Always Fit Athletic Club, LLC and its staff, personal trainers and instructors from all claims and damages whatsoever that may arise from incidents while I participate in fitness programs or competitive sports. I also release Always Fit Athletic Club LLC and Virtuagym from all claims and damages while using video on demand services and other virtual exercise offers.
Contract Disclaimer: All contracts with Always Fit Athletic Club LLC that meet the obligations of the state as listed in the succeeding 5 paragraphs are under no obligation to be cancelled. Full contract amounts will be owed to Always Fit Athletic Club LLC. Cancellation requests will be considered on a case-by-case basis and any agreed upon cancellation fee will be equal to no less than the original discount that customer had received on their contract price. This discount will be based on the difference between the 1 month membership price for the qualifying membership category at the contract start date, and the monthly contract price agreed upon by the member.
Minor (Under 18) Contract/ Wavier Clause: All members under the age of 18 must have a parent or guardian over the age of 18 sign this agreement. This contract will be not be considered valid if signed by a minor and Always Fit Athletic Club LLC, reserves the right to deny access to membership benefits until the contact is signed by a parent or guardian.
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.
STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE BUREAU OF CONSUMER PROTECTION AND ANTITRUST OF THE DEPARTMENT OF JUSTICE AND MAY REQUIRE THAT THIS CLUB POST A BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CLOSES. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTHS MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.
YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
THE BUYER MAY CANCEL BY WRITTEN NOTICE MAILED TO THE SELLER, PREFERABLY BY CERTIFIED OR REGISTERED LETTER; OR HE MAY CANCEL BY DELIVERING A NOTICE IN PERSON WITHIN THE CANCELLATION PERIOD. IF SUCH NOTICE IS DELIVERED, THE BUYER SHALL BE ENTITLED TO A RECEIPT.
I. Every seller of a prepaid health club services contract shall: (a) Refund to the buyer the pro rata cost of any unused services, within 15 days after request therefor, if: (1) The buyer is unable to receive benefits from the sellers services by reason of death or disability. The health club may require that the disability be confirmed by an examination of a physician agreeable to the member and the health club; provided, however, that this subparagraph shall not operate to prevent the buyer from proving the disability in a judicial proceeding; or (2) The seller relocates his facility more than 8 miles from its present location, or the services provided by the seller are materially impaired. (b) Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 15 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds $1,000. Provided, however, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent of the pro rata cost of unused services on all contracts, not to exceed $250. (c) Refund to the buyer the pro rata cost of any unused services within 15 days after the club ceases operation. II. Upon the occurrence of any of the circumstances enumerated in subparagraphs I(a) or (b) or (c) of this section, the buyer or his estate shall be relieved of any further obligation for payment under the contract not then due and owing.