1. PROVISIONS. Blu Edge Fitness will provide a fully equipped exercise facility including a fitness training area with stationary bicycles, elliptical, treadmills, circuit training equipment and/or free weight training area. Blu Edge Fitnesss facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management`s schedule for these events. To keep the facility in the best possible condition a portion of Blu Edge Fitness may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.
2. MEMBER`S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of Blu Edge Fitness under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person`s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) Blu Edge Fitness will rely on the foregoing warranty in issuing the Membership; 2) the Blu Edge Fitness shall have no obligation to perform a fitness assessment or similar testing to determine the Member`s physical condition; 3) if any fitness assessment or similar testing is performed by the Blu Edge Fitness, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) Blu Edge Fitness shall not be subject to any claim, demand, or injury whatsoever on account of the Blu Edge Fitness evaluation or interpretation of such fitness assessment or similar testing. 5) Blu Edge Fitness shall not be liable for any injury arising out of the members disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person`s health, safety or physical condition if he/she does so engage or participate. Each member or guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-payment of dues or fees, Blu Edge Fitness property damage, or for behavior inimical to the enjoyment of Blu Edge Fitness by other members and staff for any reason deemed sufficient in the sole discretion of Management.
4. BUYER`S RIGHT TO CANCEL OR TERMINATE.
(1) If you decide you do not wish to remain a member of Blu Edge Fitness, you may cancel this contract by mailing to Blu Edge Fitness 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 certified mail to the following address: #5 Brent Blvd. Ste 100, Kyle, TX 78640
(2) If the Blu Edge Fitness 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:
(a) 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 following address: #5 Brent Blvd., Ste 100, Kyle, TX 78640; AND
(b) File a claim for a refund of your unused membership fees against the bond or other security posted by Blu Edge Fitness 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 Texas Secretary of State not later than the 90th day after the date notice of the closure or relocation is first posted on the Texas Secretary of State`s internet website.
(3) 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 Blu Edge Fitness stating your desire to cancel this contract. Blu Edge Fitness may require proof of disability or death. The written notice must be mailed by certified mail to the following address: #5 Brent Blvd., Ste 100, Kyle, TX 78640
5. UNPAID BALANCES. All balances which are 3 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to: 1. Collect the current and past due balance. 2. Suspend and/or terminate membership privileges. 3. Recover from Member(s) any collection fees, court costs, and reasonable attorney`s fees agreed to be 30% of the entire balance due and owing. 4. Collect a service fee of $25.00 for any check or draft payable to Blu Edge Fitness which is not honored.
6. AGREEMENT AND RELEASE OF LIABILITY. Oxygen Fitness Center will provide access to the building using a keycard system. I acknowledge that supervision is not always provided at the facility and use of facility during those times shall be at such person`s own risk. I acknowledge that use of the keycard system by someone other than myself will result in loss of membership.
8. ENTIRE AGREEMENT. This agreement constitutes the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.
9. I certify that I have read this agreement in its entirety.