Please Read Through Our Terms & Conditions Below
TERMS AND CONDITIONS
The undersigned ("Member"), desires to become a member of TEMPO Fitness & Performance, and agrees to the following terms and conditions:
1. HEALTH ATTESTATION: Member attests that they are fully able to participate in an exercise regimen of their design or choosing, without undue risk.
2. PAYMENT OF MEMBERSHIP FEES. All payments to TEMPO Fitness & Performance, are final and can be made by one of the following options:
□ Annual Payment
□ Monthly Draft Payment
Should Member select the Monthly Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Additionally, Member shall pay with this Agreement, a one-time initiation/registration fee of Thirty Dollars ($30.00).
3. TERM. All memberships of TEMPO Fitness Inc., are either 6-Month, Non-Contract or annual, and payments for Memberships paid in full are due in upfront. Automatic drafts will not be cancelled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of TEMPO Fitness Inc., or by electronic means (i.e., email). No refunds will apply. A cancellation fee of One Hundred Dollars ($100.00) will be required to terminate any Membership Contract.
4. MEMBERSHIP ACCESS. Member will be issued an entry fob, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of TEMPO Fitness Inc., (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's entry fob, and Member will not allow anyone to enter the Facility along with Member. Member agrees to safeguard the use of the entry fob. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
5. FACILITY AND HOURS OF OPERATION. The Facility is a staff-operated fitness center and is open from the hours of 9am-9pm Monday - Friday, and 9am-6pm on Saturdays, with the exception of our 2pm-3pm Closure for Cleaning & Maintenance.
6. RELEASE AND WAIVER OF LIABILITY. 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 attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member agrees to defend, indemnify and hold harmless TEMPO Fitness Inc., against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of Member. Member further agrees to release TEMPO Fitness Inc., and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold TEMPO Fitness Inc., its owners, officers, employees and/or affiliates free and harmless from against the same.
7. CONSENT FOR MEDIA RECORDING. Member 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.
7. RULES AND REGULATIONS. Member acknowledges that TEMPO Fitness Inc. 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 TEMPO Fitness Inc. 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 TEMPO Fitness Inc. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by TEMPO Fitness Inc.
b. All equipment shall be wiped down by Member before & after each use, with the supplies provided by TEMPO Fitness Inc.
c. This membership is for Member, and Member only, and Member will not give access to another individual.
d. Member will not misuse or ruin the equipment.
e. All members must be at least eighteen (18) years of age, unless otherwise authorized by TEMPO Fitness Inc.
f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by TEMPO Fitness Inc. in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by TEMPO Fitness Inc.
g. TEMPO Fitness Inc. shall not be responsible for any lost or stolen items.
h. 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. Member should remain withing his/her “Training Sector” and maintain a safe distance of 6ft (2m) during their vist.
i. The climate of the Facility is controlled by TEMPO Fitness Inc. 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.
8. 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 TEMPO Fitness Inc. 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 TEMPO Fitness Inc. management. TEMPO Fitness Inc. 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.
9. DRESS POLICY. TEMPO Fitness Inc. requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility.
10. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
11. HEADINGS. The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement.
12. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
13. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
14. FURTHER ASSURANCES. The parties agree to execute such further documents as may be necessary, proper or convenient, for the purpose of fully effectuating the terms and conditions of this Agreement.
15. SUSPENSION AND TERMINATION. I understand that TEMPO Fitness Inc. may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of TEMPO Fitness Inc.'s policies and procedures, and that in so doing, TEMPO Fitness Inc. assumes no further liability to adhere to the terms of this Agreement.
16. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update TEMPO Fitness Inc. of any change in my contact information (including address, telephone number or email address) or change in credit information.
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