CLUB MEMBERSHIP AGREEMENT
1. LET’S GET STARTED–MEMBERSHIP INFORMATION
* CLUB MEMBERSHIP PLAN DETAILS:
| Recurring Monthly Dues Rate (including taxes):
| Registration Fee:
*Would like to include the purchase of 3 services for $150 that can be used towards massage, personal training, or pilates when the club reopens?
* 2. ELECTRONIC FUNDS TRANSFER (EFT) ACCOUNT
This is a month-to-month agreement and may be terminated as set forth herein.
The Member (or Parent/Guardian, if Member is under 18) agrees to the membership plan indicated above, and is responsible for payment of all associated dues and charges. This agreement is to remain in effect until The Fitness Center has received written notice from Member of its termination as indicated in Article III, Section 4, on page 3 of this document, and the notice has become effective. I have read the terms of this agreement on pages 1 through 3 of this document and agree to abide by these terms.
Initial 10-Day Cancellation Policy: You, the buyer, may cancel this agreement at any time prior to midnight of the tenth calendar day after the date you signed this agreement. To cancel this agreement, mail or deliver a signed and dated notice, via certified mail, which states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent to the address listed below, attn: Member Accounts.
Article I. General Policies
Section 1. Eligibility for Membership. All membership agreements must be on forms prescribed by The Fitness Center and are subject to approval by The Fitness Center authorized personnel and payment of the required fees. Persons 18 years or older may become members.
Section 2. Third Party Beneficiary Rights. To the extent that any Facilities are owned or leased by an Owner other than The Fitness Center, The Fitness Center and Member agree that such Owner is an intended beneficiary of Article II, Article III Section 1, and Article IV Section 3 of this Agreement.
Section 3. Transfer of Agreement. The Fitness Center may be managing this or other Facilities to which you have access under this agreement. In the event that The Fitness Center management is terminated for any reason, The Fitness Center may transfer any or all information (including your personally identifiable information) along with its obligations under this agreement, to the Facility’s new management.
Section 4. Annual Maintenance Fee. In addition to your monthly dues, an annual fee up to $25 may be charged to your account for purposes reasonably required to maintain the Facilities. Written notice will be given prior to assessing this fee.
Section 6. Amendment of Rules and Regulations. The Fitness Center may from time to time adopt rules, regulations or policies amending or supplementing those contained in this Agreement, and all members will be obligated to comply with such rules, regulations or policies. If new or amended rules or regulations are adopted, they will be published as “Additional or Substitute Rules and Regulations” unless they are of such a nature that publication would be inefficient or inappropriate, in which case notice shall be posted or members shall be otherwise advised of the amendment or supplement to the Rules and Regulations as necessary.
Section 7. Enforcement. If any provision of this Agreement or any supplement hereto is ruled invalid or unenforceable as applied to any person or circumstance, all other provisions of this Agreement shall remain valid and enforceable as applied to all other persons and circumstances.
Section 8. Agreement Modification. This Membership Agreement constitutes the entire and exclusive agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. Modifications or additions to the pre-printed terms of this Agreement, other than the completion of existing blanks, are unauthorized and will not be honored by The Fitness Center. The terms of the Membership Agreement may only be modified in writing, on separate documentation, and any such modification must be signed and dated by both parties.
Article II. RELEASE AND WAIVER OF LIABILITY & ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT
Member enters into this Release and Waiver, and Assumption of Risk, for Member and for any and all of Member’s minor children who Member permits to use the Facilities with or without supervision.
In consideration of being permitted to enter upon, participate in and use the facilities, equipment, services and activities of or offered by The Club at City Center, and their agents, shareholders, members, principals, contractors, owners, directors, officers, employees, partners, independent contractors, volunteers, and all other persons acting in any capacity on their behalf (collectively, “The Fitness Center Parties”), I, on behalf of myself, my guests, children, heirs, executors, administrators, successors and assigns, hereby:
1. Acknowledge, understand and appreciate that my entry upon and/or use of the facilities, equipment, services and activities of or offered by The Fitness Center Parties entails significant risks, both known and unknown, including, without limitation, the possibility of physical or emotional injury, paralysis, death, other serious or catastrophic personal injuries, and loss or damage to personal property.
2. Expressly agree and promise to accept and assume all of the risks, both known or unknown, that may arise as a result of my entry upon, participation in and use of the facilities, equipment, services and activities of or offered by The Fitness Center Parties, whether such risks are caused or alleged to be caused by the negligent acts or omissions of any of The Fitness Center Parties. I hereby confirm that I am voluntarily entering upon, participating in and using the facilities, equipment, services and activities of or offered by The Fitness Center Parties, and that I am electing to take such voluntary actions in spite of the risks. I acknowledge and agree that I am solely responsible for my safety and responsible entry upon, participation in, and use of the facilities, equipment, services and activities of or offered by The Fitness Center Parties, whether or not supervised by a The Fitness Center Party.
3. Expressly and voluntarily release and forever discharge each of The Fitness Center Parties from any and all claims, demands, causes of action or liability for any loss, damages, injuries or death that I may suffer as a result of my entry upon, participation in or use of the facilities, equipment, services or activities of or offered by The Fitness Center Parties, whether the same arises out of or results from any act, omission or conduct of one or more of The Fitness Center Parties, negligent or otherwise.
4. Expressly agree to hold harmless, indemnify and defend each of The Fitness Center Parties (with attorneys of each of The Fitness Center Parties’ choice) from any and all claims, demands, causes of action, or liability for any loss, damages, injuries or death suffered by any other person in connection with my entry upon, participation in or use of the facilities, equipment, services or activities of or offered by The Fitness Center Parties, whether the same arises out of or results from any act, omission or conduct of one of more of The Fitness Center Parties, negligent or otherwise. The agreement by me to hold harmless, indemnify and defend The Fitness Center Parties is immediate upon the assertion of any claims, demands, causes of action or liability by any other person and is not contingent or dependent upon a finding that my actions caused the loss, damages, injuries or death claimed. The agreement by me to hold harmless, indemnify and defend The Fitness Center Parties includes all consequential damages incurred by The Fitness Center Parties, or which otherwise would be incurred by The Fitness Center Parties absent this agreement, including, but not limited to, all attorney’s fees and costs, court and litigation costs, experts fees and costs, arbitrator fees and costs, mediator fees and costs, payment of any judgment, verdict, award or settlement on behalf of the Fitness Center Parties, and any other damages incurred by the Fitness Center Parties not included in the preceding list which arise as a direct or indirect consequence of the claims, demands, causes of action or liability asserted by any other person.
5. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE OR HOLD ANY FITNESS CENTER PARTY RESPONSIBLE FOR ANY INJURY WHICH I MAY SUFFER. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
This Membership Agreement (this “Agreement”) is between The Club at City Center (“The Fitness Center”) and the applicant for membership identified on page 1 of this Agreement (“Member”).
Article III: Membership
Section 1: Nature of Membership
Membership confers solely the right to use and enjoy certain Facilities in accordance with The Fitness Center’s rules and regulations, as they may change from time to time. “Facilities” means the site or sites included in the membership privileges for the type of membership selected by Member on page 1 of this Agreement, the owner or lessee of which Facilities (in each case, the “Owner”) may be The Fitness Center, or a third party. Membership does not confer any interest in the property or assets of The Fitness Center or owner (if not The Fitness Center) or any right to participate in the management or operations of The Fitness Center, financially or otherwise.
Section 2: Fees & Charges
Registration Fees. As a condition of membership, Member shall pay a registration fee to The Fitness Center. The amount, manner and time of payment of such fee shall be established by The Fitness Center and may be changed from time to time. No portion of such fee will be refunded, except as provided in the Initial 10-Day Cancellation Policy as specified on page 1 of this Agreement.
Dues. Member shall pay dues each month pursuant to an electronic funds transfer (EFT) as set forth on page 1 of this Agreement and may terminate his/her membership in accordance with the resignation procedures outlined in Article III, Section 4 of this Agreement. The dues for each category of membership shall be subject to change. The amount of such dues will be automatically transferred from Member’s bank account or credit card once each month on or after the due date for payment. A service fee may be assessed each month The Fitness Center is unable, for any reason, to receive payment via EFT for any and all dues and/or charges owed to The Fitness Center. Member will pay the dues of any and all additional members added to the Member’s membership. If Member elects to prepay his/her dues in advance, at the end of the prepaid period his/her membership dues will automatically revert to monthly dues billing.
Club Charges. Member may establish club charging privileges by providing a credit or debit card account authorization where indicated on page 1 of this Agreement. Such account information is stored electronically by The Fitness Center for purchases by Member of in-house goods and services which are billed on the date of purchase and reflected on Member’s credit or debit card statement. Club Charge account information is stored electronically and will not be present at the time of purchase.
Late or Returned Item Charges. A Late Fee will be assessed for returned checks, insufficient funds, closed accounts, frozen or declined credit cards or similar circumstances, which result in late or delayed payment to The Fitness Center. Member is responsible for providing accurate and updated information on their EFT account to insure timely receipt of payment. The Fitness Center reserves the right to re-attempt collection of Member’s outstanding balance until such time as Member’s account is current.
Debit Cards. The processing date for debit cards may vary due to banking procedures and if charges are returned they will be subject to a Late Fee.
Section 3: Facilities & Access
Facility Privileges. Privileges to use one or more Facilities vary depending upon the type of membership selected by Member, which is set forth on page 1 of this Agreement and may be changed from time to time.
Unavailability of Facilities. The obligation to pay dues is not dependent on the availability of all or any particular Facilities at all times, or the type or quantity of the classes or equipment offered at the Facilities. Repairs, maintenance and other circumstances may make it necessary, and The Fitness Center reserves the right to, restrict use or close one or more of the Facilities, as well as the right to change the type and quantity of the classes and equipment offered at the Facilities. Dues will not be reduced nor suspended during the time when one or more Facilities are not available.
Section 4: Resignation & Termination
Voluntary Resignation. The initial term of this Agreement is set forth on page 1 of this Agreement. Voluntary resignation during the initial term is permitted only if the entire amount owed and due through the end of the term is paid.
After Initial Term. After the initial term, Member may resign from The Fitness Center by giving 30 days advance written notice to The Fitness Center, after which, Member must surrender his/her membership card and locker key and pay any dues and other unpaid charges to The Fitness Center. Resignation notices received by The Fitness Center on or before the 25th calendar day of the month will become effective on the last day of the month. Resignation notices received by The Fitness Center after the 25th calendar day of the month will be effective on the last day of the following calendar month. Resignations will not be effective until all required payments have been made to The Fitness Center. After Member’s voluntary resignation, Member will not be subject to any further dues.
Involuntary Termination. The Fitness Center reserves the right at any time to terminate the membership or privileges of any member for failure to comply with the terms of this Agreement or with any rules and regulations adopted by The Fitness Center or for any conduct The Fitness Center determines in its discretion to be improper or in any way contrary to the best interest of The Fitness Center and its membership, including prior criminal conviction. Membership may be terminated by written notification mailed to the last address shown on The Fitness Center’s records for the member being terminated. The terminated member will remain liable for all dues and other indebtedness incurred prior to the date of termination, which shall be three (3) business days following the date on which the termination notice is mailed by The Fitness Center.
Disability or Death. If Member is unable to use the Facilities as provided herein due to disability or death, he/she or his/her estate may terminate this Agreement and shall be relieved of the obligation to pay for services hereunder, and shall be refunded any amounts prepaid for such services, other than those received prior to death or the onset of disability. As used herein, the term “disability” means a condition that precludes Member from physically using the Facilities as verified in writing by a physician.
Resale of Membership. Member may not sell or otherwise transfer membership to another party without the prior express written approval of The Fitness Center.
Section 5: Changes to Membership Status
Membership Type Conversion. Member may request conversion to another membership type by providing written notice to The Fitness Center. All membership conversion requests are subject to approval by The Fitness Center management, and may require payment of additional fees.
Temporary Hold Status. Member may apply for a temporary “Hold” Status for a period of up to six (6) months and no more often than once every twelve (12) months by giving advance written notice to The Fitness Center and paying all dues and other unpaid charges. Approved requests received by The Fitness Center on or before the 25th calendar day of the month will become effective on the last day of that month. Approved requests received by The Fitness Center after the 25th calendar day of the month will become effective on the last calendar day of the following month. During an approved Hold status, Member may not use any Facilities and is subject to reduced membership dues. Member may return to regular membership status by notifying The Fitness Center in writing and commencing payment of the prevailing dues for his/her membership type. Availability and rate of Hold status varies by principal Facilities used and membership type.
Article IV: Rules & Regulations
Section 1: Registration.
Member must check in and present his/her membership card each time he/ she uses any Facilities.
Section 2: Attire.
Proper attire is required for participants using any Facilities. Shirts and shoes are required in all public and recreational areas. The Fitness Center may prohibit the use of any personal equipment on the premises of any Facilities.
Section 3: Damages.
Any damage caused by Member, Member’s family members (including dependent children) or Member’s guest to any property of The Fitness Center, owner (if not The Fitness Center), or another person at any Facilities shall be paid for by Member.
Section 4. Hours of Operation.
The hours of operation are adjusted seasonally and in accordance with the frequency of member usage. The Fitness Center reserves the right to change the operating hours.
Section 5. Personal Business.
Members may not use any Facilities for personal business without prior written approval by an authorized representative of The Fitness Center.
Section 6. Replacement Items.
Lost or stolen membership cards and locker keys will be subject to a replacement fee.
Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.
* Member Signature:
* Online Sale
1200 Clay Street, Oakland, CA 94612
The Club at City Center
COVID-19 PANDEMIC Member CONSENT FORM
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The Club at City Center has put in place preventative measures to reduce the spread of COVID-19; however, The Club at City Center cannot guarantee that you or your family will not become infected with COVID-19. Further, attending The Club at City Center could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending this facility and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, or property owners.
You will be asked to have your temperature checked, complete a symptoms checklist, and follow all COVID-19 safety protocols as required by Alameda County Public Health Department.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the facility (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless The Club at City Center its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
Signature of Member:
Print Name of Member:
PAR-Q & YOU
(A Questionnaire for People Aged 15 to 69)
Regular physical activity is fun and healthy, and increasingly more people are starting to become more active every day. Being more active is very safe for most people. However, some people should check with their doctor before they start becoming much more physically active.
If you are planning to become much more physically active than you are now, start by answering the seven questions below. If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you start. If you are over 69 years of age, and you are not used to being very active, check with your doctor.
Common sense is your best guide when you answer these questions. Please read the questions carefully and answer each one honestly: Check YES or NO:
||Has your doctor ever said that you have a heart condition and that you should only perform physical activity recommended by a doctor?
||Do you feel pain in your chest when you do physical activity?
||In the past month, have you had chest pain when you were not doing physical activity?
||Do you lose your balance because of dizziness or do you ever lose consciousness?
||Do you have a bone or joint problem (for example back, knee or hip) that could be made worse by a change in your physical activity?
||Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart condition?
||Do you know of any other reason why you should not do physical activity?
* If you have answered "yes" to any of the questions above, please provide details here:
(enter N/A if you have answered "no" to all questions)
|If you answered YES to one or more questions
|Talk with your doctor by phone or in person BEFORE you start becoming much more physically active or BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and which questions you answered YES.
- You may be able to do any activity you want - as long as your start slowly and build up gradually. Or, you may need to restrict your activities to those which are safe for you. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice.
- Find out which community programs are safe and helpful for you
|If you answered NO to all questions
If you answered NO honestly to all PAR-Q questions, you can be reasonably sure that you can:
- Start becoming much more physically active - begin slowly and build up gradually. This is the safest and easiest way to go.
- Take part in a fitness appraisal - this is an excellent way to determine your basic fitness so that you can plan the best way for you to live actively. It is also highly recommended that you have your blood pressure evaluated. If you reading is over 144/94, talk with your doctor before you start becoming much more physically active.
|DELAY BECOMING MUCH MORE ACTIVE:
- If you are not feeling well because of a temporary illness such as a cold or a fever - wait until you feel better; or
- if you are or may be pregnant - talk to your doctor before you start becoming more active.
|If your health changes so that you then answer YES to any of the above questions, tell your fitness or health professional. Ask whether you should change your physical activity plan.
Informed Use of the PAR-Q: The Canadian Society for Exercise Physiology, Health Canada, and their agents assume no liability for persons who undertake physical activity, and if in doubt after completing this questionnaire, consult your doctor prior to physical activity.
“I have read, understood and completed this questionnaire. Any questions I had were answered to my full satisfaction.”
|Note: This physical activity clearance is valid for a maximum of 12 months from the date it is completed and becomes invalid if your condition changes so that you would answer YES to any of the seven questions.