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4 Seasons Gym, LLC
MEMBERSHIP AGREEMENT
The undersigned (Member) desires to become a Member of 4 Seasons Gym, LLC and agrees to the following terms and conditions:
Payment of Membership Fees & Term. All payments to 4 Seasons Gym are final and can be made with one of the following options:
There is a one-time $15.00 fee for 24/7 access Fob for all members
Month to month: $30.00 monthly
Recurring billing: $25.00 monthly
3 months pre-paid: $65.00
6 months pre-paid: $120.00
1 year pre-paid: $225.00
Senior (55 and over) and Military discount 10%
Family Plan 1-3 ppl $15.00 monthly ( must be under 18 years of age)
*Should the Member select the individual recurring billing option, Member agrees to pay the then-current monthly membership fee each month thereafter through automatic withdrawals from an approved credit/debit card.
*Automatic withdrawals may be cancelled up to 1 day-24hrs before due date with no cancellation fee. There is NO REFUND on memberships already paid through automatic payment if not cancelled with-in 24 hours of date of automatic with-draw. If payment fails your key fob or membership will be put on hold till payment is made. ________________ initials
Membership Access: A Member will be issued an access code/key, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of 4 Seasons Gym (collectively, the Facility). Member agrees not to allow any other person(s) to access the Facility using the Members access code/key, and Member will not allow anyone to enter the Facility along with Member. If Member brings in anyone and they do NOT pay day pass, the Member will be charged a $25 fee & will be LOCKED OUT till fee is paid. Member agrees to safeguard the identity of the access code/key. If any Member violates any conditions of Membership access, the membership may be revoked with no refund and/or 4 Seasons Gym may pursue criminal prosecution, in its sole discretion.
Facility and Hours of Operation. The Facility is an unmanned fitness center, with the exception of Monday through Friday, 9:00 am to 8:00 p.m., closures for maintenance or mandatory shut downs by property management or any governmental authority, and is open twenty-four (24) hours, three hundred sixty-five (365) days per year
Emergencies Dial 911. The Facility maintains a land line accessible to all Members during all hours of operation and in the event of emergency, Member should dial 911.
Release and Waiver of Liability. Member acknowledges and agrees that he/she has read, dated and signed the Waiver of Liability, Release, Assumption of Risk and Indemnity Agreement, attached as Exhibit A, and incorporated into this Agreement, as is full set forth herein, and is legally bound to its contents. Member also acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its Members. Member hereby consents to being photographed and/or recorded for such purposes.
Rules and Regulations. Member acknowledges that 4 Seasons Gym operates under rules and regulations established for the safety and protection of its Members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by 4 Seasons Gym. 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 notice, in the sole discretion of 4 Seasons Gym. Member agrees to accept such reasonable change(s) as condition of membership. Member additionally recognizes:
Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by 4 Seasons Gym.
All equipment shall be wiped down by Member after each use, with the supplies provided by
4 Seasons Gym.
*This membership is for Member, and Member only, and Member will not give access to another individual. *
All Members must be at least eighteen (18) years of age. Member affirmatively states that Member is at least 18 years or older, unless on family plan. Any family plan members must be at least 8yrs or older and MUST be supervised by a parent and members will not misuse the equipment. And a parent or guardian must sign if under 18yrs of age.
Members shall conduct themselves in a quiet, well-mannered fashion at all times, so as not to cause a disturbance which may interfere with the use and enjoyment of the Facility by any other Member. Profanity, inappropriate music, indecent language or behavior will not be tolerated. Any conduct deemed by 4 Seasons Gym, in its sole discretion, to be offensive, potentially harmful or dangerous or abusive in any way, will not be tolerated, and shall be grounds for termination of Members membership by 4 Seasons Gym.
4 Seasons Gym shall not be responsible for any lost or stolen items.
Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.
The climate of the Facility is controlled by 4 Seasons Gym and is set to provide the optimum exercise environment for the majority of its Members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
Prohibited Activities. Alcohol, drugs (including Marijuana, steroids), and tobacco products of any kind are strictly prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at 4 Seasons Gym while under the influence of alcohol, drugs of any kind or medication that may impair Members ability to operate 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 4 Seasons Gyms management. 4 Seasons Gym reserves the right, in its sole discretion, to limit the consumption of food or beverages, or the use of outside equipment within its Facility. Gambling or gaming is prohibited within the Facility or on the premises.
Dress & Towel Policy. 4 Seasons Gym requires that Members wear appropriate clothing and footwear in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street shoes and black-soled shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Members use.
Suspension and Termination. I understand that 4 Seasons Gym 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 of 4 Seasons Gyms policies and procedures, and in exercising its discretion, 4 Seasons Gym assumes no further liability to adhere to the terms of this Agreement.
Governing Law and Venue. This Agreement and all documents mentioned herein by reference shall be governed by the laws of the State of Michigan, and the venue for any legal proceeding is Gratiot County, Michigan
I certify that I am at least eighteen (18) years of age or older, and that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions of the Agreement. I further acknowledge that a fully executed copy of this Membership has been provided to me.
Waiver of Liability, Release,
Assumption of Risk & Indemnity Agreement
Please read carefully and completely.
NOTICE: This is a legally binding agreement. By signing this agreement, you contractually agree to never bring a court action to recover compensation or obtain any other remedy for any injury to yourself, of your property, or for your death, however caused, arising out of your use of the facilities, equipment or participation in activities of 4 Seasons Gym, LLC.
Acknowledgement of Risk
In consideration of being allowed to participate in any way in the activities at 4 Seasons Gym, LLC, its related events and activities, I acknowledge, appreciate, and agree that:
Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attacks, dehydration, heat exhaustion, sprains, muscle strains, blisters stress fractures, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond ones physical limits and/or accidents involving exercise equipment may result in serious injury or even death.
The risk of injury from the activities involved in weight training, cardiovascular exercise, or any activity that involves physical exertion is significant, including the potential for serious bodily injury and death, and while particular skill, equipment, and personal discipline may reduce this risk, the risk does exist; and
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of 4 Seasons Gym, LLC, its landlord, its members, employees, shareholders, officers, directors, or affiliates, or its owners, employees, or agents or other participants or visitors of 4 Seasons Gym, LLC, or others, and assume full responsibility for my participation; and
I acknowledge and understand that neither 4 Seasons Gym, LLC, nor any of its employees provide medical or any other form of insurance to participants.
Statement as to Health and Condition
I certify that I have undergone a physical examination by a doctor who determined that I am in good health and that I have no physical limitations that would preclude my safe use of the facilities and equipment at 4 Seasons Gym, LLC.
I intend to be legally bound and it is my express intent that this Waiver of Liability, Release, and Assumption of Risk & Indemnity Agreement shall bind my spouse, heirs, assignees, executors, and administrators.
In consideration for being allowed to participate in any way in the activities and use of the facilities at 4 Seasons Gym, LLC, I HEREBY AGREE on behalf of myself, my successors, assigns, heirs, survivors, representatives, executors, and administrators to assume all risk, and waive, release, and discharge forever 4 Seasons Gym, LLC, its landlord, its members, employees, shareholders, officers, directors, or affiliates, or its owners, employees, or agents, or other participants or visitors of 4 Seasons Gym, LLC (RELEASEES) from all liabilities, claims, demands, causes of action, actions, lawsuits, or judgments of any kind whatsoever, including but not limited to causes in law or equity, for negligence, breach of warranty, or strict liability tort, for any injury, death and/or other damages.
Further, I hereby agree to indemnify, defend, and save harmless 4 Seasons Gym, LLC, its landlord, employees, shareholders, officers, directors, or affiliates, or its owners, employees or agents, or other participants or visitors of 4 Seasons Gym, LLC, from any and all claims, demands, causes of action, actions, lawsuits, or judgments of any kind whatsoever arising out of or for in any way related to my presence at or use of the facilities or equipment, including but not limited to weight training and cardiovascular exercise, of 4 Seasons Gym, LLC.
I state that I am at least eighteen (18) years of age or older, I have read this Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement and that I fully understand and agree that by signing below I am contracting away my right to sue and that I WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DEATH, OR DAMAGE, THAT I MAY SUSTAIN AT OR IN CONNECTION WITH 4 Seasons Gym, LLC, and sign it freely and voluntarily without any inducement.
ALL MEMBERS MUST NOTIFY US IF THERE IS EVER A POSITIVE COVID-19 CASE IN HOUSEHOLD.
WHAT TO DO IF MEMBER OR EMPLOYEE SAYS THEY TESTED POSITIVE.
- [ ] check last day of member entry. Notify any members that have been in Gym 10 days prior and 2 days after last entry of positive notification. Any member that has had a positive Covid-19 test must inform staff at 4 Seasons Gym. The staff will pause that membership and lock out door access to that member for a minimum of 21 days and member must submit a negative test result before member can continue. Staff must close gym Immediately and must start sanitation disinfectant protocol immediately. Members will not lose any time already paid for and will gain full access after a negative result and will be allowed to finish any paid time.
What are the symptoms of COVID-19?
- [ ] Symptoms of COVID-19 can range from mild illness to pneumonia. Some people will recover easily, and others may get very sick very quickly.
- [ ] The common symptoms of COVID-19 may include:
- [ ] fever
- [ ] coughing
- [ ] sore throat
- [ ] fatigue (tiredness), and
- [ ] difficulty breathing or shortness of breath.
- [ ] Most people infected with COVID-19 will have a mild to moderate illness and will recover without special medical treatment. Some people, such as those with underlying medical problems or disease and older people, are more likely to suffer from more serious symptoms of the diseases.
PLEASE DO NOT ENTER IF YOU HAVE ANY OF THE ABOVE SYMPTOMS!!!!!!