WAIVER & MEMBERSHIP AGREEMENT
TERMS AND CONDITIONS OF MEMBERSHIP AGREEMENT
Payment. A recurring bank draft or credit card payment is required for all memberships. Cash or checks will be accepted for day
passes, training session packs, and retail products only. Returned checks will incur the maximum charge permitted by Texas law.
Membership Key Tags. Members will be issued a membership key tag entitling him/her to enjoy the benefits of the specific membership purchased. If membership includes twenty-four (24) hour access, key tag will provide after-hours door access. During staffed hours, members will scan tag at front desk for admittance. Membership key tag is only to be used by assigned member.
a) If member allows another person to use his/her tag or if member allows another person to “piggyback” on his/her entry, access will be revoked. Member will be required to pay $100.00 to regain access.
b) If key tag is lost, member will be required to purchase a replacement tag at a cost of $10.00. Upon contract termination,
member will surrender key tag.
a) Children without a membership agreement are not permitted or allowed on equipment or in workout areas. REV180 Fitness assumes no responsibility for monitoring or caring for children. Parents are solely responsible for their child’s behavior and safety.
b) Children, ages ten (10) to fifteen (15), are permitted to use REV180 Fitness’ facilities and equipment, but only in the presence and under the supervision of a parent or legal guardian. Children should be monitored to assure they do not hurt themselves or damage equipment. In addition, children must abide by all facility rules and not be a disruption to other members.
c) Children between the ages of sixteen (16) and eighteen (18) are permitted to use REV180 Fitness’ facilities and equipment without parent or legal guardian present if a parent or guardian has executed a membership agreement on their behalf.
Family Memberships; Nonmember Use. Family memberships include only immediate family members, twelve (12) years of age or older, living in the same household as the individual Member. Nonmembers, whether family or unrelated, shall not enter the facility using a Member’s key tag. REV180 Fitness reserves the right to revoke or terminate the membership of any Member who violates this rule.
Membership Obligation. Membership fees are absolutely nonrefundable in whole or in part unless the Member dies or becomes permanently disabled during the membership term or any renewal thereof, at which time the Member or Member’s estate may cancel this Agreement. In such event, REV180 Fitness shall reimburse only the unused portion any prepaid membership fees.
Memberships With Contracts. Members who have signed a twelve (12) month contract may only cancel their membership if one of the following criteria are met:
a) The terms of the contract have been met.
b) Member is moving at least twenty (20) miles from our facility and provides proof of new address upon request.
c) Member pays a cancellation fee equal to thirty (30) percent of the remaining contract value.
Transfer of Membership. Member shall not assign or transfer any of the rights or obligations under this Agreement without express written permission of REV180 Fitness.
Membership Freeze. Member may request to place his/her membership on hold for a minimum of a one (1) month and a maximum of a six (6) month period per calendar year. Exceptions will be made for members on active military duty or medical reasons accompanied by a letter from a physician stating a condition that prevents member from exercising. A “Freeze” form must be submitted in person to the front desk, by mail, or email. If form is not received at least one week prior to the member’s automatic payment day, freeze will begin the next month. Maintenance fees do not take the place of a twelve (12) month initial membership payment plan. Agreement end date will be extended by the length of the freeze period. REV180 Fitness will automatically resume billing membership dues at the end of the freeze period.
Personal Training. No personal training is allowed/authorized inside facilities unless administered by REV180 Fitness.
Medical Examination. REV180 Fitness advises all members to have a complete physical examination by a licensed physician before beginning any exercise program. In addition, if member has a history or is at a greater risk for cardiovascular disease, heart problems, circulation problems, lung disease, or any other medical or health problems, member should consult and get approval from a licensed health care provider before beginning any exercise program. REV180 Fitness also advises that if a woman is pregnant or thinks she may be pregnant, member should consult or get approval from her licensed health care provider before beginning any workout or exercise program.
Safety. Do not exercise or use REV180 Fitness’ facilities if you have recently eaten, consumed alcohol, are limited by any medical condition that would make usage dangerous, or if you are under the influence of any controlled substance. Immediately stop exercising if you become dizzy, overheated, or short of breath. Do not use equipment if you are unfamiliar with it. Always follow directions for the proper use and operation of equipment and facilities, and ask REV180 Fitness personnel for assistance if unsure as to the correct use and operation. Be careful of wet surfaces, stairs, mats, and equipment lying on the floor.
Hygiene and Courtesy.
a) No dropping weights
b) No excessive noise when lifting
c) Be courteous to other members. Share the equipment and re-rack weights.
d) Use a spotter
e) Wipe down equipment after use
f) Must be fully clothed.
g) Appropriate behavior and language is expected. (No profanity.)
h) No gym/workout bags, purses, motorcycle helmets, etc. on the workout floor.
i) Must adhere to the manufacturer’s warnings and instructions for any equipment you use.
Communicable Disease Risk and Prevention. Member agrees that entering and using REV180 Fitness’ facilities and equipment is done at the Member’s risk. Sanitation and disease prevention is the upmost priority at REV180 Fitness,. However, because of the nature of the gym atmosphere, it is impossible for REV180 staff to clean and sanitize every surface every time it is touched or breathed on. To assist in disease spread and prevention, Member agrees to doing the following:
a) Do not enter REV180 Fitness facilities if you are running fever or suspect you might have a contagious illness.
b) Abide by all health and safety guidelines posted at REV180 Fitness.
c) Disinfect all equipment and surfaces before and after use. This includes exercises machines, weights, mats, bands, jump ropes,
benches, door handles and any other surface member touches.
Waiver and Indemnity. Member agrees that all use of REV180 Fitness’ facilities and equipment is taken at the Member’s risk. Member agrees that the Member is in good physical condition and physically able to use the facilities and equipment. The Member shall hold harmless, defend, protect, and indemnify REV180 Fitness, its ownership, and their respective agents and employees from any cause of action, claim, or demand arising out of or connected with the Member’s rights under this Agreement, Member’s use of REV180 Fitness’ facilities and equipment, or the action of any agent, employee, or affiliate associated with REV180 Fitness. REV180 Fitness, its ownership, and their respective agents and employees shall not be responsible for any damaged, lost, or stolen clothing or property.
Management of Center. REV180 Fitness reserves the right to amend these rules as may be deemed necessary for the proper management of REV180 Fitness. REV180 Fitness shall have the right to change, remove, move, eliminate, add, or modify facilities and equipment in any manner deemed necessary by REV180 Fitness.
Miscellaneous. This Agreement and any amendments that may be published from time to time constitute the entire Agreement between the Member and REV180 Fitness. Any oral representations or modifications are of no force and effect. If any provision herein shall be held illegal, invalid, or unenforceable, the remainder of this Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of the Agreement. Venue for any cause of action arising out of this Agreement shall be Parker County, Texas. The prevailing party in any such cause of action shall be entitled to their reasonable attorney’s fees and costs.
Membership Revocation. REV180 Fitness reserves the right to revoke or terminate the membership of any Member who fails to adhere to REV180 Fitness’ rules and regulations.
Privacy Statement. REV180 Fitness values your right to privacy. We only collect information that you knowingly supply to us through email, form completions, or telephone conversations. Other than information that may be shared with vendors as a necessity to fulfill the services offered under this agreement, we do not sell, rent, or loan any identifiable personal information to any third party. Information is only released if we are required to do so legally.
REQUIRED CONSUMER NOTICES
Right of Cancellation
NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA 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:
6225 FM 920 Suite 101
Weatherford, TX 76088
IF THE HEALTH SPA 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:
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 HEALTH SPA AT THE FOLLOWING ADDRESS:
REV180 Fitness 6225 FM 920 Suite 101 Weatherford, TX 76088
FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA 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 SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
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 THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
6225 FM 920 Suite 101
Weatherford, TX 76088
Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed the amount paid by the debtor hereunder.