The terms "you" and "your" in this Agreement refer to the Member and the additional Member(s) (if any). Pending receipt and continued timely payment of all applicable fees, and subject to the rules and regulations set forth herein, LifeBridge Health & Fitness Center (the "Center") admits you to membership in the Center for the period of {startDate} through {endDate} (the "Initial Term"), and grants you the right and privilege to use the Center’s facilities, in accordance with the terms of the Agreement.
1. Enrollment Fee. THE ENROLLMENT FEE IS A ONE-TIME FEE of {enrollmentFee}, as long as you remain a member. It is payable upon the execution of this Agreement and is subject to your payment of membership dues and the other terms of the Agreement. The Enrollment Fee entitles you to membership in the Center for the Initial Term. If your membership lapses for any reason, the current enrollment fees apply to rejoin. Except as expressly provided in the Agreement, the enrollment fee is not refundable.
2. Payment Arrangements. A monthly payment of {monthlyPayment} will be taken on the first business day of each month beginning with the month of {beginningMonth} and will continue as long as this authorization is in effect.
Pro Rate due with this Agreement {proRate}.
If your bank refuses to honor a withdrawal because there are insufficient funds in your account, or your credit card issuer refuses to honor the charge for any reason, you will be liable for an additional $15 reprocessing fee. You may make changes to this authorization at any time by giving notice to the Center’s Business Office at least thirty (30) days before the change is to take effect. Changes to this authorization will not relieve you of any of your outstanding obligations under this Agreement, including, but not limited to, the obligation to pay membership dues.
3. Renewal of Membership. After the Initial Term, your membership will automatically continue on a month-to-month basis at the then prevailing rates unless the agreement is renewed for another 12 months. On January 1st of each calendar year, your membership rate is subject to a maximum increase of 5%.
4. Young Adult Membership. The Center offers a discounted rate for adults under the age of twenty-five. When you reach the age of twenty-five, your monthly dues will be adjusted to the then-current individual membership rate. You may not extend your contract at this rate after turning twenty-five years of age.
5. Members Right to Cancel. You may cancel your membership at any time after the Initial Term by giving the Center’s Business Office thirty (30) days advance notice of cancellation. Notice of cancellation must be in writing and must be delivered in person, by fax or e-mail, or by registered or certified mail, with a return receipt requested. The Center will not provide retroactive refunds for members who have failed to give appropriate notification. Verbal notice of cancellation is insufficient. Your membership fee will be forfeited upon cancellation except as provided in the notice of consumer rights section. All outstanding fees must be paid upon cancellation. An early termination fee will assessed on any contract cancellations except month-to-month members or as provided in the notice of consumer rights herein. Reversion Clause: If the principal member cancels his/her membership and does not simultaneously cancel additional members under this Agreement, the dues rate of the non-minor, second member on the membership will revert to the dues rate of the primary member. The rates of any other secondary members on the agreement may be subject to change. {initials} Member Initials
6. Termination. The Center reserves the right to terminate your membership immediately if you fail to comply with the Center’s rules and regulations, if you engage in other conduct that is detrimental to the health or safety of the staff, other members, or guests, or if you fail to pay membership dues or other amounts that you owe to the Center. Upon termination or cancellation of your membership, you will remain liable for any outstanding dues or other charges owed by you.
7. Membership Freeze. You may obtain a medical or voluntary freeze of your membership under the below circumstances:
a. Medical Freeze. If you are medically unable to exercise, you must notify the Center and provide medical documentation from your physician to the Center’s Business Office. The freeze will be effective as of the date the complete documentation is received requesting the medical freeze. The freeze must be for a minimum of 1 month. After a 6 month freeze, the freeze may be renewed with updated medical documentation from a physician. The freeze period does not constitute fulfillment of any part of the initial 12 month membership agreement. No retroactive refunds will be issued. Written clearance from your physician is required to be provided to the Center upon return from a medical freeze. A $10.00 per month fee will be charged during the period of your medical freeze.
b. Voluntary Freeze. You may freeze your membership voluntarily for any reason. Written notice must be given to the Center’s Business Office 30 days prior to the freeze date. The freeze must be for a minimum of 1 month and a maximum of 6 months. The freeze period does not constitute fulfillment of any part of the initial 12 month membership agreement. No retroactive refunds will be issued. A $30.00 per month fee will be charged during the period of your voluntary freeze.
c. Temporary Residence Freeze. If you maintain an out of state residence and will be temporarily out of town for an extended period of at least 3 months but no more than 6 months, you may freeze your membership by providing proof of out of state residence. Written notice must be given to the Center’s Business Office 30 days prior to the freeze date. No retroactive refunds will be issued. A $15.00 per month fee will be charged during the period of your voluntary freeze.
8. Relocation. In the event you should relocate outside a 25 mile radius of the facility, you may cancel your membership by giving us thirty (30) days advance notice by certified mail. Proof of relocation is required. Membership ID card must be surrendered at the time of cancellation and all unpaid charges must be current.
9. Operating Procedures.
a. The operation and management of the Center will be under the Center’s complete control. Resolution of all matters regarding the Center, including, but not limited to, membership classifications, hours of operation, use of facilities and equipment, guest policies, and termination of membership, shall be at the absolute discretion of the Center. You agree to comply with the Center’s rules and regulations, which are subject to change at the discretion of the Center. Your use of the Center’s facilities may be interrupted from time to time for repairs and maintenance.
b. The Center reserves the absolute right to initiate, change or eliminate facilities, services and programs offered from time to time; to initiate, change, or eliminate fees for existing or new facilities, services and programs, and to change its hours of operation.
c. By your signature on this contract, you acknowledge receipt of a copy of the Rules and Regulations of the Center and agree to abide by those terms, all terms in this contract, and all other rules/policies that are either posted at the Center or provided to you directly.
10. Member Responsibilities: You agree that, prior to undertaking any physical activity at the Center, you will advise your personal physician of the details of the activities in which you plan to participate and will obtain your physician’s approval of those plans. You also agree to consult a physician and reconfirm your physician’s approval if any injury or other problem or condition arises that may affect your ability to participate in the activities offered by the Center, or in the event of any new illness, injury, discomfort, or other health problem.
In addition, you acknowledge that:
a. The physical fitness programs offered by the Center and any health risk appraisal provided by the Center are not substitutes for regular medical checkups, proper diet, or other activities related to good health maintenance.
b. Participation in physical fitness activities, including those available at the Center, may be physically stressful and may result in illness or physical injury.
c. The services offered by the Center are not those of a physician or medical treatment facility and should not be used as a substitute for those services.
d. Theft and Liability: It is further expressly agreed that all exercise and treatment and the use of all facilities shall be undertaken by the member at his/her own risk and that the Center will not be liable for any claims and causes of action of any kind or nature which are in any way related, directly or indirectly, to the use of any of the services, equipment, or facilities provided at the Center, including any such claims or causes of action caused in whole or in part by the negligence of the Center, its subsidiaries and affiliates, and their respective agents, employees, officers, directors, successors and assigns. This agreement applies to the use of all facilities and services of any kind, including, but not limited to, the use of the KidZone. The Center will not be held responsible for the loss or theft of a member’s property.
e. Age Restrictions and Children: Members and guests must be at least 14 years old. Children between the ages of 2 months through 13 years must be supervised in the KidZone by the Center staff when the service is provided. All KidZone rules and policies apply.
11. Assignment and Transfer. The Center may assign any or all of its rights and obligations under this Agreement. You may not transfer your membership in the Center under any circumstances, nor may you lend your membership card to anyone for any purpose.
12. Notice of Consumer Rights. You are entitled by Maryland law to the following information.
a. The Center is registered with the Consumer Protection Division, Office of the Attorney General of the State of Maryland. The Center’s registration number is 12674.
b. The Center’s obligations to you are secured by a security bond in the amount of $200,000. The amount of the bond may be increased or decreased from time to time in accordance with the requirements of Maryland law.
c. You are entitled to a copy of this Agreement. You have the right to cancel this Agreement within three business days after receiving your copy. To cancel the Agreement, you must give the Center written notice of cancellation. Notice of cancellation under this provision may be delivered to the Center at 1836 Greene Tree Rd. Baltimore MD 21208. In person, by fax or email or may be sent to that address by certified or registered mail, return receipt requested. A notice sent by mail must be postmarked by midnight of the third business day after the day on which you receive your copy of this Agreement. If you cancel within three business days of receiving your copy of the agreement, you are entitled to a full refund of the initial membership fees paid. Any unpaid charges to the club must be made current.
d. If the Center is completely closed for one month or more due to fire, flood, or other event that is out of the Center’s control, the Center will, at its option, either (1) extend your membership for a period equal to the period during which the Center is closed, or (2) refund your membership dues for that period (and, if the closure occurs during the initial term, a prorated portion of your enrollment fee). If the Center is completely closed due to the fault of the Center for one month or more, you may, at your option, either (1) extend your membership for a period equal to the period during which the Center is closed, or (2) receive a refund of your membership dues for that period (and, if the closure occurs during the initial term, a prorated portion of your enrollment fee).
13. Membership ID; Photograph. You will receive a membership ID barcode card (the "Card"). You are required to present your Card at the front desk upon entering the Center. If your Card is lost or stolen, you must notify the Center immediately. Your Card may be replaced for a nominal fee. Misuse of a Card or permitting another person to use your Card will be cause for termination of membership, without a refund. For security purposes, a photograph of each member is maintained by the Center.
14. Release. By participating in activities at the Center, you may be photographed or videotaped. By your signature below, you consent, permit and authorize the Center and its affiliates, agents, employees, contractors, personnel and others acting on the Center’s behalf, to photograph, record and use your likeness, voice and image in drawings, photographs, videotapes, sound records, motion pictures or other media materials (collectively, "Media") which may be used for promotional, research or other purposes reasonably deemed appropriate by the Center and you acknowledge that all such Media will be the sole and exclusive property of the Center.
15. Entire Agreement. You acknowledge that, except for what is contained in this agreement, the Center has not made any promises, representations, or warranties to you. The terms of this Agreement may be amended only by a written instrument signed by both the Member and an authorized employee of the Center. By signing below, you acknowledge receipt of a copy of this Agreement and agree to be bound by its terms.