1. MEMBER DETAILS
|Member Full Name:
|City, State, and Zip:
|Cell Phone Number:
|Date of Birth:
2. TERM OF AGREEMENT AND PAYMENT OF FEES. This Membership Agreement between Member, listed in Section 1, above, and Great Vibrations is on a term of (check one below):
Month(s) Paid in Advance for a one-time fee of $
Month(s) Payable at Monthly rate of $ beginning this date: .
3. AUTO RENEWAL OF CONTRACTS. All contracts, will auto renew for the same period as the current contract if not canceled within 30 days of original contract end date. (MEMBER INITIAL):
4. MEMBERSHIP TYPES. Great Vibrations offers either an unlimited access membership (which allows unlimited sessions per week) or a limited access membership (which limits Members to no more than 2 sessions per week).
This Membership Agreement is: Unlimited Access Limited Access
5. NO SHOW FEES. Great Vibrations requires members to schedule their classes in advance. Members are responsible for cancelling scheduled class if unable to attend. If unable to cancel through the scheduling tool, please email email@example.com or text 402-917-5762. A no show fee of $25.00 per incident may be charged at our discretion when no attempt to contact us has been made.
6. LATE FEES. A late fee of $35.00 will be charged for any payments made more than five (5) days after due date.
7. NON-SUFFICIENT FUNDS FEES. A fee of $35.00 will be charged for any checks returned due to insufficient funds.
8. CHARGEBACK FEES. A processing fee of a $50.00 will be charged for any chargeback initiated by the member in violation of the terms of this agreement.
9. AUTHORIZATION OF PAYMENT. Member authorizes Great Vibrations to charge payment method on file for all memberships, membership renewals, good and services delivered as well as all fees outlined in Section 5, 6, 7 and 8 above.
10. DEFAULT/REMEDIES. If Member should default upon this contract with Great Vibrations, Member is responsible for all fees including legal, collection, & bank fees accrued.
11. RULES/REGULATIONS. Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by Great Vibrations, for the use of the Great Vibrations’ training facilities, premises, and equipment therein, and Great Vibrations reserves the right to revoke this membership for cause if Member fails to keep and obey any of such rules and regulations, or for reasons of nuisance, disturbance or other members or staff, moral turpitude or fraud. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Great Vibrations. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes. Without limiting Member's obligation to obey the rules and regulations of Great Vibrations presently in force or in the future prescribed, Member agrees that he will obey the following rules by:
a. Always consider other members' rights and privileges while he or she is training;
b. Always treat other members and staff with fullest respect and courtesy at all times;
c. Always pay his/her membership dues on or before the due date in section 2- or pay late fees;
d. Never drop dumbbells on vibration plate or on the floor;
e. Never bang dumbbells together when doing flies or other exercises;
f. Always replace dumbbells to their proper racks at the end of each class;
g. Always follow directions on the proper use of the training equipment and asking for directions when necessary;
h. Always accept full responsibility for any damage done to equipment due to misuse of the equipment;
i. Always dispose of trash in the proper receptacles.
12. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at Great Vibrations while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of Great Vibrations’ management. Great Vibrations reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility. Gambling or gaming is prohibited within the Facility or on the premises.
13. SUSPENSION AND TERMINATION. Great Vibrations may suspend or terminate my membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any policies and procedures, and that in so doing, Great Vibrations assumes no further liability to adhere to the terms of this Agreement. Without limiting the Great Vibration’s ability to terminate this membership for cause, Great Vibrations may also terminate this membership for any reason at the end of any given membership term.
14. TRANSFER OF AGREEMENT. It is expressly understood and agreed that this contract is not assignable or transferrable by Member without Great Vibrations’ consent and no rights or privileges granted by this membership can be transferred or assigned by Member without said consent by Great Vibrations.
15. CANCELLATIONS. All memberships of Great Vibrations are either month-to-month or specified period (when paid in full), and payments are due in advance. No refunds will apply. Automatic drafts for month to month payment will not be cancelled without thirty (30) days written notice prior to end of current contract period and only once account is in good standing. ALL WRITTEN NOTICES MUST BE MAILED BY CERTIFIED MAIL OR EMAILED TO THE FOLLOWING ADDRESS:
3319 N. 109th PLAZA, OMAHA, NE 68164
a. AUTO RENEWAL OF CONTRACTS. All contracts will auto renew for the same period UNLESS YOU CANCEL THIS CONTRACT BY WRITTEN NOTICE TO GREAT VIBRATIONS STATING YOUR DESIRE TO CANCEL THIS CONTRACT THIRTY (30) DAYS PRIOR TO EXPIRATION OF CURRENT CONTRACT.
b. CEASING OF BUSINESS OPERTATIONS: If Great Vibrations ceases operation of Member’s primary enrolled location for more than thirty (30) days and fails to provide a comparable facility within sixty (60) miles of the original enrolled location; or if Great Vibrations moves more than 60 miles from current locations of Member’s primary enrolled location, YOU MAY CANCEL THIS CONTRACT BY WRITTEN NOTICE TO GREAT VIBRATIONS STATING YOUR DESIRE TO CANCEL THIS CONTRACT.
c. MEMBER DISABILITIY or DEATH. If Member becomes totally and permanently disabled, is under certain medical constraints, or dies after the date this agreement takes effect, YOU OR YOUR REPRESENTATIVE MAY CANCEL THIS CONTRACT BY WRITTEN NOTICE TO GREAT VIBRATIONS STATING YOUR DESIRE TO CANCEL THIS CONTRACT AND PROVIDING REQUIRED DOCUMENTATION. Great Vibrations requires proof of disability and/or medical documentation meeting the criteria for approved medical condition cancellation.
d. MEMBER RELOCATION. If Member moves to a location where distance to nearest Great Vibrations’ location is greater than 60 miles and you are participating in a month to month contract, YOU MAY CANCEL THIS CONTRACT BY WRITTEN NOTICE TO GREAT VIBRATIONS STATING YOUR DESIRE TO CANCEL THIS CONTRACT AND PROVIDING PROOF OF RELOCATION.
e. ALL SALES ARE FINAL.
16. INDEMINFICATION. Member hereby holds Great Vibrations, its successors, assigns, owners, officers, directors, trainers, and agents harmless from all claims which may be brought against them by Member, on Member's behalf, by Memb er's family, and Member's executors, administrators, and personal representatives for any such injuries or claims aforesaid and Member for themselves and on behalf of their family, executors, administrators, and personal representatives does hereby forever release and discharge Great Vibrations, its successors, assigns, owners, officers, directors, trainers, and agents from all claims, demands, injuries, damages, actions, losses and expenses.
THIS SECTION WILL SURVIVE ANY CANCELLATION OF THIS AGREEMENT.
17. LIMITATION OF LIABILITY. It is further agreed that all exercises including the use of weights, number of repetitions, and use of any and all machinery, equipment, and apparatus designed for exercising and the use of Great Vibrations’ premises and facilities shall be at the Member's sole risk. Notwithstanding any consultation on exercise programs which may be provided by Great Vibrations’ trainers or agents, it is hereby understood that the selection of exercise programs, methods and types of equipment shall be Member's entire responsibility, and Great Vibrations shall not be liable to Member or Member's family or guests for any claims, demands, injuries, damages, or actions arising due to injury to Member's person or property arising out of or in connection with the use by Member of the services and facilities of Great Vibrations or the premises where the same is located.
18. PERSONAL PROPERTY. Great Vibrations is not responsible in any way for damage to or loss of any personal property which Member brings onto the premises of Great Vibrations or onto Great Vibrations’ parking area, including but not limited to, losses due to theft, damage, or car accident.
19. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
20. RELEASE OF IMAGES. Member grants permission to Great Vibrations to take and use: photographs and/or digital images for use in news releases, marketing, promotional and/or educational materials. These materials might include printed or electronic publications, Web sites or other electronic communications. Member agree that their identity may be revealed in descriptive text or commentary in connection with the image(s). Member authorizes the use of these images without compensation. All negatives, prints, digital reproductions shall be the property of Great Vibrations.
21. USE OF CONTACT DETAILS. Member gives Great Vibrations permission to send messages to me via email and/or text messaging as means of communication regarding my account and class schedule/registrations as well as marketing and promotion information. We never sell or loan our members contact information.
22. ELECTRONIC CONTRACTING. Great Vibrations may employ the use of the software which includes the ability to enter into agreements and/or to make transactions electronically. MEMBER ACKNOWLEDGES THAT ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SOFTWARE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SECTIONS.
MEMBER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH GREAT VIBRATIONS AND MEMBER AND ACKNOWLEDGES THE AGREEMENT TERMS.
Signed by Member:
GREAT VIBRATIONS, LLC., 3319 N 109th PLAZA, OMAHA, NE 68164
PH: (402) 917-5762 – INFO@GREATVIBRATIONSFITNESS.COM
REVISED: April 27 2018