The undersigned ("Member"), desires to become a member of Grandview Pro Fitness, LLC. ("Grandview Pro Fitness") or Worthington Pro Fitness and agrees to the following terms and conditions: 1. PAYMENT OF MEMBERSHIP FEES. All payments to Grandview Pro Fitness and Worthington Pro Fitness are final and can be made by one ofthe following options: Annual Payment: Under this option, a payment in the amount of $575.00 (plus tax) must accompany the Application.
Monthly Draft Payment: Under this option, a payment in the amount of $59.99 (plus tax) must accompany the Application. One Time Initiation Fee: These $75.00 (plus tax) fees is collected at time of purchase of either an annual or monthly 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 or automatic charges to a credit card maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. 2.TERM. All memberships of Grandview Pro Fitness and Worthington Pro Fitness are either month-to-month or annual (when paid in full and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of Grandview Pro Fitness or Worthington Pro Fitness, or by electronic means (i.e., email No refunds will apply.
3. DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater. 4. MEMBERSHIP ACCESS. Member will be issued a keyfob, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of Grandview Pro Fitness and Worthington Pro Fitness (collectively, the "Facility" Member agrees not to allow any other person(s) access to the Facility using Member's keyfob, and Member will not allow anyone to enter theFacility along with Member. Member agrees to safeguard the keyfob. 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 an unmanned fitness center and, except for any closures for maintenance or any mandatory shutdowns by property management or any governmental authority. is open twenty-four (24) hours, three hundred sixty-five (365) days a year. 6.RULES AND REGULATIONS. Member acknowledges that Grandview Pro Fitness and Worthington Pro Fitness operate under rules and regulations established for the safety and protection of its members and agrees to be bound by such rules and regulations, aswell by the rules and regulations subsequently approved and posted or otherwise published by Grandview Pro Fitness and Worthington Pro Fitness. 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 Grandview Pro Fitness and Worthington Pro Fitness. Member agrees to accept such reasonable change(s) asa 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 Grandview Pro Fitness or Worthington Pro Fitness b. All equipment shall be wiped down by Member after each use, with the supplies provided by Grandview Pro Fitness and Worthington Pro Fitness, c. This membership is for Member, and Member only, and Member will not give access to another individual. d. Member will not misuse the equipment. Should Member damage or break any of Grandview Pro Fitness's or Worthington Pro Fitness's equipment or property. Member shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property. e. All members must be at least eighteen (18) years of age or accompanied by a parent or legal guardian. f. Members shall conduct themselves in a 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. Any conduct deemed by Grandview Pro Fitness or Worthington Pro Fitness, in its solediscretion, to be offensive, potentially harmful. dangerous or abusive will not be tolerated, and shall be grounds fortermination of Member's membership by Grandview Pro Fitness. g. Grandview Pro Fitness shall not be responsible for any lost or stolen items. h.Member should not occupy any equipment for an extended period. Member should allow others waitingto use such equipment to work into their rotation. i. In the event of an emergency, Grandview Pro Fitness is authorized to notify the person(s) listed under Participant's emergency contact information. 7. 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 Grandview Pro Fitness and Worthington Pro Fitness 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 Grandview Pro Fitness's or Worthington Pro Fitness's management. Grandview Pro Fitness and Worthington Pro Fitness reserve 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. 8. DRESS/TOWEL POLICY. Grandview Pro Fitness and Worthington Pro Fitness require that members wear appropriate clothing and footwearwhile in the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member's use. 9.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. 10. HEADINGS The headings in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement. 11. 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. GOVERNING LAW. This Agreement, and all documents mentioned herein by reference, shall be governed by the laws of the State of Ohio.
15. 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.
16. SUSPENSION AND TERMINATION I understand that Grandview Pro Fitness and Worthington Pro Fitness 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 Grandview Pro Fitness's or Worthington Pro Fitness's policies and procedures, and that in so doing, Grandview Pro Fitness and Worthington Pro Fitness assume no further liability to adhere to the terms of this Agreement.
17. 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 I use the Facility. I agree to promptly update Grandview Pro Fitness or Worthington Pro Fitness of any change in my contact information (including address, telephone number or email address) or change in credit information. Icertify 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 hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.