11) It is further agreed that all exercises including the use of weights. number of repetitions. and use of any and all machinery. equipment. and apparatus designed for exercising and the use of the fitness center's premises and facilities shall be at the Member's sole risk. Notwithstanding any consultation on exercise programs which may be provided by fitness center employees or agents. it is hereby understood that the selection of exercise programs. methods and types of equipment shall be Member's entire responsibility. and the fitness center shall not be liable to Member or Member's family for any claims, demands injuries, damages. or actions arising due to injury to Member's person or property arising out of or in connection with the use by Member of the services and facilities of the fitness center or the premises where the same is located. If Member brings any personal property onto thepremises of the fitness center or onto the fitness center's parking area. Member takes such action at Member's sole risk. It is hereby understood that the fitness center is not responsible in any way for damage to or loss of any personal property which Member brings onto the premises of the fitness center or onto the fitness center's parking area including but not limited to, losses due to theft. damage. or car accident Member hereby holds the fitness center. its successors. assigns, owners. officers, directors, employees, and agents harmless from all claims which may be brought against them by Member. on Member's behalf. by Member's family. and Member's executors, administrators, and personal representatives for any such injuries or claims aforesaid and Member for himself and on behalf of his/her family. executors, administrators, and personal representatives does hereby forever release and discharge the fitness center. its successors, assigns, owners, officers, directors, employees. and agents from all claims, demands injuries, damages, actions, losses and expenses. This section will survive any cancellation of this Agreement.
(1) NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
(2) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS FITNESS CENTER, YOU MAY CANCEL BY CONTACTING GREG OR LYNNE HEWETT. (IT IS REQUIRED TO GIVE A MINIMUM OF 5 DAYS NOTICE FOR CANCELLATION.) THERE IS NO CANCELLATION FEE.
GREG HEWETT (910) 234-5861
LYNNE HEWETT (910) 625-7021
(3) IF THE FITNESS CENTER GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE FITNESS CENTER MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE FITNESS CENTER STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
111 FRAZIER STREET, WHITEVILLE, NC 28472
(4) 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 FITNESS CENTER STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THEFITNESS CENTER MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
111 FRAZIER STREET, WHITEVILLE, NC 28472
MEMBER ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH FITNESS CENTER AND MEMBER AND ACKNOWLEDGES THE AGREEMENT TERMS.