ADDITIONAL TERMS AND CONDITIONS
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 10 days late. Should any monthly payment become more than 10 days past due, you will be charged late fee. A payment is considered late if it is not received by the CLUB, (as delineated by MEMBER’s financial agreement) by the close of banking on the tenth day after payment is due. If any payment is late, MEMBER’s account will be considered in default, and the CLUB has the right to declare the entire remaining balance due and payable as noted above. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the MEMBER is paying monthly dues by Electronic Funds Transfer (EFT), the CLUB’s designated Billing Company ABC Financial Services, Inc. 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 to a coupon book. This will not affect any other provisions of this agreement.) SALES TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the CLUB has the right to increase your monthly membership dues by the amount such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate. RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account. NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ADD AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all club policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERS with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the CLUB 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) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below. MEMBERSHIP FREEZE POLICY: If you become temporarily disabled for more than four consecutive weeks, you may freeze your membership for up to three months. The request must be made in writing and the CLUB may require proof of disability. You may be assessed a fee not to exceed $10/month. Time may be frozen for up to 3 months and requires medical proof of disability to extend the freeze past 3 months. Regular payments and time will be added to the end of the existing membership term. MAINTENANCE OF FACILITIES: The CLUB may be temporally closed for periods of up to 2 weeks each year for maintenance purpose. The CLUB reserves the right to add an annual facility maintenance charge of up to but no greater than the equivalent of 1 month’s membership dues. If a Facility Maintenance Charges is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due date. You authorized the Designated Billing Company to automatically draft this amount along with your regular membership dues.
*IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIFIED MAIL TO THE FOLLOWING ADDRESS: 12560 TIERRA INCA DR. EL PASO TX 79939.
*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 FACILTIY IN WHICH YOU ARE ENROLLED; (A) 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: 12560 TIERRA INCA DR. EL PASO TX 79939. (B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BYTHE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAT THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATES’S INTERNET WEBSITE.
*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: 12560 TIERRA INCA DR. EL PASO TX 79938.
Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to 12560 Tierra Inca Dr. El Paso TX 79938.
SUMMARY OF MEMBERSHIP POLICIES
- MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility and participate in all Classes. The MEMBER is required to purchase his/her key for rental to be used only by the purchaser, it cannot be shared.
- MEMBER must present upon entering the CLUB his/her membership key. MEMBER agrees that MEMBER may be denied access to the CLUB without his/her membership key.
- MEMBER agrees to abide by all membership regulations of the CLUB. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the CLUB’s facilities and services. If the CLUB becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER’s membership privileges for the period the facilities were unavailable.
- If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.
- MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBER’s or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
- MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seam or rivets. Flip-flops or bare feet are not allowed in the CLUB.
- MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault, or harass other CLUB MEMBERS, guests or employees. If MEMBER engages in such behavior, MEMBER membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
- MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility, and many other adverse health problems. MEMBER recognized and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
- MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
- Arbitration: All disputes (excepts small claims under $1,000) will be settles by binding arbitration before a single arbitrator under the authority of the Federal Arbitration ACT, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the country in which this Club is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state.
- Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
- The parties herby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this agreement and shall supersede any prior understandings, arrangements, commitments, or undertaking of the parties, whether written or oral, express, or implied.
- This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
- MEMBER authorizes the CLUB, My Time Fitness, LLC to contact them by mail, email or telephone.
- The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the CLUB from time to time and all MEMBERS shall be subject to strict compliance therewith.
- This Facility is under 24-hour recorded video surveillance and MEMBERS access key usage is logged.
- MEMBERS may not bring in guests at any time without the prior consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, The MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBERS may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
- MEMBERS may not be allowed into the facility during non-staffed hours, nor should they expect for anyone to let them into the facility.
- Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for personal training services are to be made to My Time Fitness, who will pay the trainers as the services are provided.
- All MEMBERS have access to a free orientation to the facility and the proper use of its equipment. It is the MEMBER’s responsibility to request this orientation.
- It is each MEMBER’s individual responsibility to wipe down the equipment and re-rack the weights they use.
- MEMBER’s are hereby required to use the safety features of the equipment. If a MEMBER is unsure of how to use a machine, he/she should obtain instructions from the staff or personal trainers.
- MEMBERS are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
- 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 the offending MEMBERS membership, and the balance of the contract being declared due and payable in full immediately.
- Age Requirements- Persons under the age of 18 must be accompanied by their parent and or guardian or been given prior written authorization by parent or guardian to enter the CLUB.
- If the Primary MEMBER or any of the Additional MEMBERS on the agreement choose to purchase products directly from the CLUB using their assigned Key, the primary MEMBER herby agrees to have the cost of such purchase, including Sales Tax, added to the next monthly draft in addition to their membership dues.