Fitness Evolution may allow Members to use other Fitness Evolution facilities at its sole discretion. Fitness Evolution reserves the right to add, modify, or eliminate locations and facilities available to Members. The hours of operation will be set by Fitness Evolution and may be changed at any time in its sole discretion. Fitness Evolution expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion.
RULES AND REGULATIONS:
Member acknowledges the existence of and the need for rules and regulations governing use of Fitness Evolution equipment and facilities and participation in programs and services (the `Rules and Regulations`). Member agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended, or supplemented. Fitness Evolution reserves the right to modify, amend, or supplement the Rules and Regulations from time-to-time in its sole discretion. Fitness Evolution may cancel Member`s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by Fitness Evolution in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation if they are canceled due to their behavior.
LIABILITY FOR PERSONAL PROPERTY:
Fitness Evolution shall not be liable to Member or any of Member`s guests or invitees for any personal property that is damaged, lost, or stolen while on or around Fitness Evolution premises including, but not limited to, a vehicle or its contents or any property left in a locker, out on the floor, in cubbies, or other places within or around the building and parking lot. Member shall be liable to Fitness Evolution for any damage to Fitness Evolution facilities or any equipment, furniture, or fixture located thereon caused by Member or any Member`s guests or invitees.
If Member fails to pay any amount when due under this Agreement, Fitness Evolution shall be entitled, at any time in its sole discretion, to suspend or cancel Member`s membership and to require Member to immediately pay all past due balances. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances. Any payments owing from Member to Fitness Evolution that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to Fitness Evolution when due, Member shall pay all costs and expenses of collection incurred by Fitness Evolution, including reasonable attorney`s fees and expenses.
Member may cancel this agreement at any time after the initial term (after the month they have signed up) by sending a 30-day written notice prior to the monthly dues date by certified mail to the Fitness Evolution address 1504 IOWA ST BELLINGHAM WA 98229 or by entering the facility in-person and going through the authorized cancellation procedure at the front desk with an employee, ultimately providing their signature on the cancellation form to legally authorize a cancellation of Member’s gym membership. Member`s account must be current and in good standing before Fitness Evolution will process any such request. Cancellations CAN NOT be processed verbally, nor can they be processed over the phone, through email, or any other non-authorized method otherwise, without providing a written signature of Member for authorization. Charges to a membership occur continuously until Member’s account is properly, (in accordance to the cancellation policy) canceled. Membership terms are not based upon visits meaning that if a member simply does not show up to the facility, regardless of how long that may be, they are still required to pay all dues owed to Fitness Evolution per this agreement and are NOT entitled to any compensation, refund, or reimbursement for not using their gym membership.
You will be charged $5.00 for any payment not made by the first of the month, or any EFT payment which cannot be processed.
HEALTH REPRESENTATIONS AND AGREEMENTS:
Member represents and warrants to Fitness Evolution that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his/her intended use of Fitness Evolution facilities. Member acknowledges that Fitness Evolution has not given Member any medical advice before Member joined Fitness Evolution and cannot give Member any such advice after Member joins Fitness Evolution, whether related to Member`s physical condition and ability to use the facilities and services of Fitness Evolution or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member`s physician or other health professional before using Fitness Evolution facilities.
WAIVER OF LIABILITY; ASSUMPTION OF RISK:
Member acknowledges that the use of Fitness Evolution facilities, equipment, services, and programs involves an inherent risk of personal injury to Member and Member`s guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member`s spouse, children, unborn children, other family members, guests or invitees and waive any and all claims or actions that Member may have against Fitness Evolution, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, or successors, and assigns for any such personal injury, including, without limitation (i) injuries arising from use of any exercise equipment, machines, miscellaneous objects and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, running tracts, swimming pools, hot tubs, courts, or other areas of Fitness Evolution, (iii) injuries or medical disorders resulting from exercising at any Fitness Evolution, including heart attacks, strokes ,heat stress, sprains, broken bones, and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Fitness Evolution facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. Member acknowledges that (v) Fitness Evolution does not manufacture any of the fitness or other equipment at its facilities and (vi) Fitness Evolution does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products consumable or otherwise, sold at its facilities; accordingly, neither Fitness Evolution, any of its subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify each of Fitness Evolution, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an `Indemnified Party`) and save and hold each of them harmless against, and pay on behalf of or reimburse any such Indemnified party as and when incurred for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtues of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member`s membership.
AUTHORITY TO MODIFY CONTRACT:
Employees are not authorized to make changes to this agreement in any way or make any independent agreement with any Member regarding pricing, cancellation policy, privileges, or membership terms. Members likewise cannot make any alterations or changes to this Membership Agreement.
(i) This Agreement shall be governed by the internal laws of the State of WA without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Fitness Evolution. Consent may be withheld in Fitness Evolution`s absolute discretion, (iv) if any term or provision of this Agreement is declared to be illegal, invalid, or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to Fitness Evolution hereunder shall be given by personal delivery to the General Manager of Fitness Evolution or by certified mail, return receipt requested, addressed to Fitness Evolution at the address set forth at the beginning of this Agreement, to the attention of the General Manager. Member affirms, acknowledges and attests that Member's mailing address, telephone number, and e-mailed address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Fitness Evolution - Bellingham and Franchise LLC. including its agents and affiliates, may contact Member at any mailing address, phone number or email address set forth on the face of this agreement, or subsequently provided by Member to Fitness Evolution - Bellingham and Franchise LLC.
NOTICE OF CONSUMER RIGHTS:
Our business registration number with the State`s Consumer Protection Division is . We have posted a Bond with the Consumer Protection Division in the amount of $200,000.00. If the facility is closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund if recurring charges are not stopped during the time of closure; (all charges will resume upon reopening of facility in said scenario). If the closing is not the fault of the business, we are (Fitness Evolution) entitled to choose. You have the right to cancel this contract within 3 business days after receipt of a copy of this agreement; in doing so, per the Emergency 3-Day Cancellation rule, Member shall NOT be entitled to receive refund of initial dues (pro-rated monthly payment and joining fee) unless otherwise determined by Fitness Evolution management. Cancellation must be in writing, and completed in person or by certified or registered mail. If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by an accredited doctor or physician, you are entitled to an extension of the contract or other compensation as determined by Fitness Evolution; (any and all compensation shall be completely up to the discretion of Fitness Evolution and can be forfeited for any reason by Fitness Evolution). This Notice is an integral part of this Agreement.