MEMBERSHIP AGREEMENT, TERMS, CONDITIONS & POLICIES
Enrollment Date:
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Club:
Downtown Athletic Club |
Name (last, first):
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Gender:
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Date of Birth:
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Home Address:
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City:
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State:
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Zip:
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Phone:
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Email:
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| MEMBERSHIP PLAN |
| Recurring Monthly Membership Dues |
$224.00 |
| Recurring Monthly Zone Dues |
$55.00 per person, $110 total monthly |
| Monthly Recurring Billing Date |
Renews once a month on the 1st. |
| Administration Fee |
$70 one time fee |
| Prorated Dues |
See receipt |
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Child Memberships ages 23 or under: additional charges per child based on the current rates below will be added to the total recurring monthly billing amount.
Children 13 and under: Free
Children 14 - 23: $25.00/month per child
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Child's Name:
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Child's Birthday:
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The purpose of this agreement is to ensure that the Member understands the duties and responsibilities of Club membership. A signed membership application and agreement, acknowledging receipt and understanding of Club Rules & Policies, and all terms and conditions of membership is required for the establishment of a Club membership or renewal.
This is a legally binding agreement.
1. MEMBERSHIP CATEGORIES: Membership categories are established by the Club and determine dues rates. Members must qualify for the category of membership applied for, according to Club guidelines.
2. FEES, DUES AND CHARGES: Initiation fees, administration fees and prepaid memberships are nonrefundable. Memberships are nonproprietary, nonvoting and nontransferable. Unless a member terminates his or her membership in writing, the membership will be automatically renewed on a month-to- month basis. The obligation to pay dues is not dependent upon member use or availability of the Club’s facilities. Maintenance or renovations may make it necessary for the Club to restrict the use of, or close one or more of its facilities. Dues will not be reduced or suspended for any reason.
a. BILLING: Accounts are billed on the 1st of the month for past charges and dues for the upcoming month. If a paper statement is requested, charges may apply. Payment is due no later than the 15th of every month and become delinquent if not paid by the due date. A late fee will be assessed against each delinquent account.
b. EMAIL NOTIFICATION: Billing services relies on a current email address to be maintained by the member. Each member agrees to ensure that their email address is current and to notify the Club if the current email address changes. In the event that email notifications are disrupted, for any reason, each member agrees and understands that the charges and payment due dates continue as per the terms of the membership agreement and EFT/Credit Card policy.
c. PAYMENTS: The Downtown Athletic Club (DAC) accepts cash, check, credit card or EFT (electronic funds transfer). Any credit card or EFT information stored in your account may be used for purchases in the club. Any payments rejected by the institution it is drawn on will be assessed a returned payment fee.
d. SIGNATURE: Signature is required on all receipts for all purchases.
e. DELINQUENCY: Accounts more than 60 days past due may be suspended with no Club usage pending payment in full. Dues continue to accrue until contract is ended (30 days’ notice required). Suspended accounts not paid in full after fifteen days of notification may be referred to an outside collection agency. f. CLUB ENHANCEMENT FEE: In addition to your monthly dues, an annual fee not to exceed one month’s dues may be charged to your account for purposes reasonably required to maintain the facilities. Written notice will be given prior to this fee.
3. MEMBERSHIP CHANGES: Changes to membership accounts may be made in accordance with Club rules and policies. Such changes may require documentation, fees and/or new application and agreement. Membership additions take effect on the date that all required paperwork and/or documentation are received by the Club. Membership downgrades take effect on the next billing cycle. Membership changes are not retroactive.
a. UPGRADE: A member may convert an Individual membership to a Family membership by adding a spouse or domestic partner to their account. Members must be over the age of 18, live in the same household and share joint financial responsibility. (Fees may apply).
b. DOWNGRADE: A Family membership may convert to an Individual membership by notification to the Club (by the Primary member) of the individual who shall continue as a member. A Family membership may be converted into two Individual memberships. Note: Membership additions take effect on the date that all necessary paperwork and/or documentation are received by the Club. Membership downgrades take effect on the next billing cycle. Membership changes are not retroactive.
c. ADDING OR REMOVING CHILDREN: Children under the age of 14 can be added to the account at no charge. Children fourteen to the age of twenty-four may be added or removed from an account upon request by the parent. Child fees will apply. Documentation of age, residence or guardianship may be required.
d. MEDICAL LEAVE: A family membership that has a member who has become incapacitated may downgrade to an Individual membership. If the membership is an Individual membership, it may be put on Medical Leave status. Documentation from a doctor must be submitted to the Club prior to Medical Leave implementation. A doctor’s release is required to return to active status. No Club usage or club account charges are permitted while membership is on Medical Leave status.
e. PROMOTIONS: Any member who joins up to thirty days prior to the start of a membership promotion which discounts initiation fees and/or dues may, upon request, receive the promotional discount. Discount will be applied as an account credit. Members must qualify for the discount as outlined by promotional details. Request must be made within 30 days of the member’s join date.
4. PRIVILEGES AND RESPONSIBILITIES OF MEMBERSHIP:
a. USE: Each member is entitled to use Club facilities under such rules and policies as established by the Club.
b. DAMAGES: Each member is responsible for any damage, theft, or removal of property, and any personal injury occurring at the Club or at any activity operated, organized, arranged or sponsored by the Club, which shall be caused by member, or member’s guests or family.
c. REGISTRATION/CHECK IN: Members are provided with membership identification that must be presented for Club If a member does not have his or her membership identification, he or she will be asked to present an alternate form of photo identification. Each adult member, temporary member, guest or guardian of a child authorizes the Club to conduct a criminal/background check without notification or intent.
d. REPLACEMENT CARDS: If lost or stolen, membership cards may be replaced through the reception department. (Replacement fee applicable)
5. CODE OF CONDUCT: All members need to be knowledgeable of and responsive for complying with safe and healthful conduct to minimize the risk of communicable diseases. We ask members to follow the guidelines below:
a. Members who feel ill should stay home, follow appropriate self-care guidelines and/or contact their health care provider.
b. Members who have tested positive for COVID-19, or have knowingly come into close contact with someone who has, are not to come to the facility for 14 days or until they have tested negative for COVID-19.
c. Members must follow safety recommendations as requested by DAC and/or government mandates regarding face coverings and social distancing.
d. Wash hands frequently with water and soap for at least 20 seconds before entering the facility, after leaving the facility and as needed during visits.
e. If soap and running water are not immediately available, use hand sanitizer that contains at least 60% alcohol. Hand sanitizing stations are placed throughout the facility.
f. Cover your mouth and nose when coughing or sneezing. Follow up immediately with hand washing or sanitizer as noted above.
g. Follow all equipment cleaning protocols as defined by the DAC. Wipe down every piece of equipment BEFORE use and again immediately AFTER use.
6. GENERAL POLICIES:
a. ATTIRE: All members must wear appropriate attire when utilizing the Downtown Athletic Club. Shoes and shirts are required outside the locker room and pool areas. Athletic attire must be worn in all workout areas. Closed-toed shoes must be worn in all areas where equipment is present.
b. CYCLE SHOES: Cycle shoes should only be worn while riding cycle bikes. All members should wear closed-toed shoes to and from the cycle room. This is to prevent damage to flooring surfaces throughout club.
c. DECORUM: Members are expected to use appropriate decorum in all areas of the Club, including cleanliness practices, proper towel disposal and appropriate public behavior. This includes, but is not limited to, profanity and otherwise offensive language and behavior, Sanitizing and wiping of equipment after use and returning equipment to its proper place after use, is required. Maintain respect to fellow club members and all staff.
d. CLUB TELEPHONES: The Club provides telephones for member usage throughout the facility. Important extensions are posted on the member phones. Outside lines are also marked on the phones. Please respect those around you.
e. CELLULAR PHONES: Cell phone use of any kind is prohibited in the locker room. Talking on cellular phones is permitted ONLY in designated areas of the Club. All other non-talking cell phone use is allowed anywhere in the club.
f. LOST & FOUND: The Club is NOT RESPONSIBLE for lost or stolen articles. Found items are held at the back reception desk for two weeks, held in storage for an additional two months, and are then donated to charity. Valuables are kept in a safe. Members must claim items in person.
g. RECIPROCAL CLUB USAGE: The DAC is a member of Fitlife, an organization for Northwest travelers and IHRSA, The Global Health & Fitness Association – both of which have reciprocal club networks available to DAC members. The DAC partners with some additional reciprocal clubs across the states, please inquire with membership for listing. Guest fees and permissions are up to the Club’s discretion at reciprocal Clubs.
h. POOL ACCESS: All male swimmers must check out a pool key and access the aquatic area through the men’s locker room stairwell. Women have direct access from the lower-level women’s locker room. Use caution when entering or exiting the pool. Surfaces are wet. Please use caution.
i. POOL & SPA USAGE: A cleansing shower must be taken before using the spa or pools. Children who are not potty trained must be in swim diapers with a plastic diaper covering or swim suit on top. If under the age of 16, Children must use the Junior Locker Room. Children are permitted in the spa for 5 minutes following swim lessons as long as they are directly supervised by parent, without toys and sitting quietly.
j. LOCKER ROOMS: Adult locker rooms are for members ages 16 and older, with the exception of Sundays when children may use adult locker rooms with direct adult supervision. Towels are to be discarded in conveniently located towel bins and proper sanitary practices and attire is asked when utilizing furniture.
k. LOCKERS: Complimentary day-use lockers are available to members and guests. NOTE: Day use lockers are emptied at the end of every day. Members may rent a locker for a monthly fee, which includes laundry service.
l. STEAM ROOMS & SAUNAS: Shaving, exercising, and clothing are prohibited in steam rooms and saunas. Towels, and other items are not to be placed over sensors in the steam rooms or saunas. All items taken into steam rooms and saunas must be removed upon exit. Benches in steam rooms shall be wiped after use. Water or any other liquid shall never be poured over electric sauna rocks. Tampering with sensors or controls in any way is prohibited
m. KIDSTOP: Childcare service is available for members’ children six weeks to twelve years of age. Parents must remain in the Club while their children are in care at Kidstop. Reservations are required in advance of child drop-off. Kidstop is available to Members only. Members may charge the fee to their membership account. Please reference the Kidstop Rules and Policies for more information and fees associated with this service.
n. MEMBER COMMENTS: Comments may be submitted to the member services office or welcome desk. All comments submitted will be distributed to the appropriate department supervisor. Members may also submit comments via email by visiting www.downtownac.com. Contact information for individual supervisors is available at the welcome desk or on our website. Please include your contact information so we can discuss concerns directly and come to a resolution.
o. HANDOUTS: Information and general handouts are printed and located between the member services office and the back desk. In addition, all promotional material and upcoming events can be found at www.downtownac.com
p. DISPLAY OF SIGNAGE AND LITERATURE: Club signage is reserved for Downtown Athletic Club use only. Advertising space is available for purchase/rent by contacting marketing@downtownac.com.
q. YOUTH POLICIES: Children, under the age of 14, are allowed in the Club during family hours and must adhere to all Youth Policies. Youth Policies are listed on the Youth Handout located at the information display located outside the member services office. r. VEHICLES: No skateboards, bicycles or any type of motorized or mechanical vehicle are allowed in the Club.
s. ANIMALS: Pets are not allowed on the premises. Exceptions are made for Service animals.
t. SMOKING: Smoking is not permitted within the Downtown Athletic Club. This includes the DAC Conference Center, rooftop patio, and Newberry Childcare. Smoking is prohibited within 25 feet of any door or window.
7. GUEST POLICY:
a. Members shall be responsible for the conduct of their guests and the payment of any charges incurred by those guests.
b. REGISTRATION: Each guest must be accompanied by a member during the duration of their visit. Guests must register at the welcome desk upon entrance to the Club.
c. FEE PAYMENT: The fee for guests 5 and over must be paid upon check in. Children ages 5 to 13 qualify for a discounted junior guest fee. A guest pass may be used in lieu of payment of guest fee.
d. TEMPORARY PASSES: Members also have the ability to purchase temporary passes for out-of-town guests on a weekly basis, at a rate reduced from the daily guest fee. These guests have the ability to access the club without being accompanied by a member.
e. USAGE LIMITS: Local guests of members can use the Club for no more than two visits per month, whether as a paid or complimentary guest. The Club reserves the right to limit the number of guests (and frequency of visits) a member may bring to the Club at any given time.
f. AGE RESTRICTIONS: Members must be sixteen years or older to allow a guest on their account.
8. PARKING: Overpark is owned by the City of Eugene. The DAC has no control over the management or functionality of the parking garage. We contract with the city to allow our members usage of the garage.
a. ACCESS: Convenient parking is made available to DAC members through the City of Eugene overpark located on the corner of 10th and Oak streets. Adult members on DAC membership accounts are permitted parking privileges via their membership identification. Parking must be used only when a member is at the Club.
b. THREE HOUR LIMIT: Adult members are allowed up to three hours of complimentary parking per day in the connected overpark. If a member exceeds the three-hour limit, they will be charged the standard parking fee for any overage by the city of Eugene when exiting the garage.
9. TERMINATION OF MEMBERSHIP:
a. VOLUNTARY TERMINATION: A member may voluntarily terminate his or her membership under the following circumstances:
1. By providing the Club with 30 DAYS WRITTEN AND SIGNED NOTICE and paying all amounts then owed to the Club in full. The member is responsible for dues during the notification period, which shall be prorated to the effective date of termination.
2. If the member dies or, subject to the 30-day notice requirement in (1), above, unless the member is reasonably unable to give such notice, becomes physically unable to use a substantial portion of those Club services/facilities used by the member from the date of membership until the time of disability. The Club may require a medical examination, at the member’s expense, to confirm such disability, by a physician agreeable to the member and the Club.
3. If the Club goes out of business.
4. If the Club moves its facility to a location more than 5 miles away from its current location.
5. If the Club fails to complete an improvement to its facility by the date represented in this or any future version of Membership Agreement.
6. If the Club materially changes the services promised as part of the initial Membership Agreement.
7. Cancellations must be submitted in writing in person or by email. Cancellations will not be accepted over the phone, internet or verbally. A membership withdrawal form is available and may be used for convenience. Prior to termination of membership, member must have turned in his or her membership card(s). A membership termination is not retroactive and a terminating member shall not be entitled to a refund of any part of the monthly dues or initiation fee except as otherwise provided in this Membership Agreement. It is the member’s responsibility to confirm that cancellation request has been received, and to obtain confirmation. If there is any error in canceling a membership, it is the member’s responsibility to contact the Club immediately, and no more than 60 days from the intended cancellation date, so it can be corrected.
| By initialling below, I am indicating that I understand and agree to the Downtown Athletic Club termination policy outlined above. |
| Account Holder Initials |
b. INVOLUNTARY TERMINATION: The Club reserves the right to terminate or suspend the membership of any member for failure to comply with any Club rule or policy, or for any conduct the Club determines to be improper or injurious to the interests of the Club and its members or employees. A terminated member will remain liable for all dues and other indebtedness incurred prior to termination by the Club. At the sole discretion of the Club, any membership in arrears for 60 days or more may be suspended or terminated and subsequently the amount owed may be referred to an outside collection agency. In the event of default, the member is responsible for all collection charges, legal fees, court fees and attorney fees.
c. Upon termination of membership without advance notice pursuant to section 5a(2)-(6), above, the member may, if applicable, receive a refund computed by dividing the monthly membership fee by the number of days in the current month and multiplying the result by the number of days remaining in the current month. For example, if a member terminates membership on June 20th and membership dues ($100/month) have already been paid in full for the month of June, the member will receive a refund equal to $33.33 ($100/30 x 10).
10. CHANGES AND MODIFICATIONS: Fees, dues, charges and Club rules and policies are subject to change by management at any time. Any changes are effective upon adoption by the Club or at such time as Club management shall designate, and existing members shall thereafter be bound by such changes. Club rules and policies control the use and operation of Club facilities and are available upon request.
11. CONSUMERS’ RIGHT TO CANCEL: Members may cancel their membership for any reason and receive a full refund if they submit a written and signed notice requesting termination of their Membership Agreement by midnight of the third business day after signing the Membership Agreement. The notice must state that the member does not wish to be bound by the Membership Agreement and must be delivered to: Downtown Athletic Club, 999 Willamette Street, Eugene OR 97401. If the member complies with these requirements and cancels within three days, the Club will remit a full refund within 15 days.
12. PHOTO/VIDEO RELEASE: I grant consent for my picture to be taken or to be filmed while participating in activities at the Club or at club sponsored events and programming. I authorize the Club to use and publish images, photographs, pictures, portraits, and audio, video and/or film footage of me in all forms of media and in all manner for publication including, but not limited to, advertising and marketing campaigns, social media, press releases, and website use. I hereby waive any right I may have to review, inspect, edit or approve such publication and I release the Club from any claims I may have against it for use of such images, photographs, pictures, portraits, and audio, video and/or film footage of me.
WAIVER OF CLAIMS AND ASSUMPTION OF RISK
I hereby acknowledge and agree that participation in the facilities located within the Downtown Athletic Club has inherent risks. In consideration for that participation and for the services provided by the Downtown Athletic Club, their agents, officers, participants, consultants, employees, and all persons or entities acting on their behalf (hereinafter referred to as Downtown Athletic Club) I now agree and certify as follows:
1. I acknowledge and fully understand that I, the participant (if participant is 18 years of age or older) or parent/ legal guardian of a minor participant, will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Further, that there may be other risks not known or not reasonably foreseeable at the time. The risks may include but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by the Downtown Athletic Club, or other entity; acts of other participants in this activity, employees or agents of the Downtown Athletic Club; my own physical conditions, acts or omissions; conditions of the Downtown Athletic Club facility and surrounding grounds or terrain and accidents connected to their use; first aid emergency treatment or other services.
2. I expressly agree and promise to accept and assume all the risks existing in the activity. My participating, or the participation of the below named minor, in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following any such injury which may occur.
3. On behalf of myself, my children, my parents, my heirs, assigns, personal representatives I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless the Downtown Athletic Club, and each of their respective commissioners, directors, agents, and other employees, its parent, subsidiaries, affiliates, employees, distributors, and agents, and, if applicable, operator or lessors of premises used to conduct the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation, or the participation of the minor participant, in this activity or the use of the Downtown Athletic Club equipment or facilities.
4. I further understand and hereby certify that I am legally responsible for my actions and for those of any below named minor participant, including, but not limited to, any damage to the Downtown Athletic Club, or private, public property, or other individuals. I hereby certify that I have adequate insurance to cover any injury or damage I or the minor participant may cause or suffer while participating in these activities or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I or the minor participant have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
5. I hereby certify that I have read and am familiar with the Facilities Rules and Regulations and will comply with conditions set forth therein.
6. I acknowledge and certify that I am at least 18 years old, or the parent or legal guardian of the participant under 18, and I, or the minor participant, agree to abide by all rules for the activities which I, or the minor participant, am engaging in, and all applicable safety equipment will be used and used appropriately. I hereby provide the Downtown Athletic Club permission to administer basic First Aid and I authorize the Downtown Athletic Club or its agents or employees to contact 911 or other emergency personnel as needed.
7. Severability: The undersigned further expressly agrees that the forgoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in the activity a court of law may find me and/or the minor participant to have waived the right to maintain a lawsuit against the Downtown Athletic Club and each of the other parties listed in Paragraph 3 above on the basis of any claim from which I have released them herein. THE UNDERSIGNED, hereby agrees to all of the terms and conditions set forth above and to include all members on the account. I (we) have read and understand the terms of this agreement as well as the Club rules and policies, and agree to abide by such.
Primary Signature
Date