FLORHAM PARK FITNESS MEMBERSHIP PRIVILEGES AND POLICIES
1. You understand that, except as herein provided, your membership is absolutely non- Cancelable. Your failure to regularly attend and utilize the facility does not relieve you of your obligations, regardless of the circumstances, to pay the balance owed. Should you default upon this agreement, you agree to pay all costs of collection, including but not limited to collection agency fees of up to 50% of the unpaid balance, court costs, disbursements and attorneys fees which may be paid or incurred by the facility. There is absolutely no refunds/reimbursements for prepaid membership dues.
2. DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee of $25. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by electronic funds transfer (EFT), the club's billing company reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law.
NOTE: Members paying monthly dues by E.F.T. are subject to $15.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
3. Subject to applicable law, Member agrees that Florham Park Fitness may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, Florham Park Fitness.
4. At anytime during the continuance of this agreement, Florham Park Fitness shall have the right to sell, assign, transfer, and set over this agreement with all its right, title, and interest therein, to any person, firm, or corporation, or other business entity, without the member's consent and the assignee thereof shall acquire all the rights granted to Florham Park Fitness and shall be subject to any obligations that Florham Park Fitness may have under this agreement. Member shall not assign this agreement in whole or in part without the written consent of Florham Park Fitness
5. Members requesting a freeze on a monthly dues payment due to a medical injury not deemed to be a "disability" as herein provided, must submit a written doctor's notice. A membership freeze will become effective 30 days after notification. Members who freeze their membership are not entitled to other club amenities such as saunas and whirlpools during the membership freeze. There is absolutely no retroactive refunds on monthly dues for medical injuries. Medical freeze may not be greater than 60 days without updated written doctor's note. If you are disabled for greater than 60 days, you must submit a new doctor's note confirming the disability and the need to extend the membership freeze. Member shall continually provide a doctor's note confirming the disability every 60 days.
6. Upon entering the club, all members are required to check in at our front desk before using any club facilities and must present their membership identification number,
7. A usage fee will be charged for the following activities: tanning booths and other specified activities and facilities as may be posted or unless otherwise noted.
8. Management reserves the right to remove any articles left in a locker overnight and shall not be liable for locker contents. Members are urged to avoid bringing valuables into the facility. The facility, its agents or employees, stockholders or directors shall not be liable for the loss, theft or damage to the personal property of members and guests and you agree to hold the facility, its agents or employees, stockholders or directors harmless from any and all liability, claims, lawsuits or damages associated with the loss, theft or damage to your personal property or that of a guest.
9. Florham Park Fitness urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, you hereby knowingly and voluntarily waive any right of cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to the facility, its agents, employees, stockholders or directors. You hereby warrant and represent that you have no disability, impairment or ailment preventing you from engaging in any form of exercise or activity that will be detrimental to your health or safety.
10. You agree to follow facility rules as promulgated from time to time. Violation of these rules may result in suspension or cancellation of membership, with no refund.
11. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not effect the validity of any other clause or provision, which shall remain in full force and effect. The contract shall be governed by the laws of the state of New Jersey. The Superior Court of the State of New Jersey shall have jurisdiction over any dispute which arises under this agreement, and you submit and hereby consent to such court's exercise of jurisdiction. In any successful action by the facility to enforce this contract, the facility shall be entitled to recover its attorney's fees and expenses incurred in such action.
12. Proper attire is required; no jeans, work boots, or non rubber soled shoes.
13. Behavior deemed inappropriate will be just cause for membership privileges termination with no refund.
14. NOTICE: Florham Park Fitness urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers associated with any physical activity, member(s) hereby knowingly assume the risk of injury and knowingly and voluntarily waives and releases Florham Park Fitness, its officers, agents, employees or instructors from any and all causes of action of any kind whatsoever arising as the result of such activity.
15. The agreement is subject to cancellation upon your death or permanent disability if the permanent disability is fully described and confirmed to the health club by a licensed physician. Florham Park Fitness may retain the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed ten percent (10%) of the total contract price. You may also cancel this contract if you relocate your residence further than twenty-five (25) miles from any health club operated by the seller or from another substantially similar health club which would accept the obligation to the seller. You must also provide a 60-day notice of cancellation in the same manner as stated below with the date that you moved and include any of the following as acceptable proof of your new address: driver's license or voter's ID card with new address. Regular monthly payments will continue until satisfactory proof of relocation or disability and the 60-day notice of cancellation is received. In the event of a cancellation for moving, Florham Park Fitness will retain the contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed ten percent (10%) of the total contract price. If Florham Park Fitness is closed for a period longer than thirty (30) days through no fault of your own, you may extend the contract for a period equal to that during which Florham Park Fitness closed or receive a prorated refund of the amount paid by you under the contract. The term of the membership does not obligate buyer for more than 12 months.
16. NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. A "PERMANENT TRANSFERRING MEMBER" MUST HAVE PURCHASED HIS CURRENT MEMBERSHIP 90 DAYS PRIOR TO TRANSFERRING TO AN "AFFILIATE" "TEMPORARY TRANSIENT MEMBERS" ARE TO BE HONORED IMMEDIATELY.
NOTICE TO CUSTOMER: YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. YOU MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD OPERATING DAY AFTER RECEIVING A COPY OF THIS AGREEMENT. IF YOU CHOOSE TO CANCEL THIS AGREEMENT YOU MUST SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUITED TO FLORHAM PARK FITNESS, 187 Columbia Turnpike Florham Park NJ 07932. IF YOU CANCEL THIS AGREEMENT WITHIN THE THREE DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. IF THEY THIRD OPERATING AY FALLS ON A SUNDAY OR A HOLIDAY, NOTICE IS TIMELY GIVEN IF IT IS MAILED OR DELIVERED AS SPECIFIED IN THIS NOTICE ON THE NEXT OPERATING DAY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF RECEIPT OF THE CANCELLATION NOTICE TO THE HEALTH CLUB. "OPERATING DAY" MEANS ANY CALENDAR DAY WHICH PATRONS MAY INSPECT AND USE THE HEALTH CLUB'S FACILITIES AND SERVICES DURING A PERIOD OF AT LEAST EIGHT HOURS, EXPECT ON HOLIDAYS AND SUNDAYS.
WAIVER AND RELEASE OF LIABILITY
In consideration of you and any and all of your guests and participating family members being permitted by Club to engage, use and/or participate in Subject Activities on the Premises:
You understand and agree that you are voluntarily participating in Subject Activities and assuming any and all risks that may result from participating in Subject Activities or use of supplements including but not limited to death, serious bodily injury, permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively "Injury"). This Waiver and Release of Liability includes, without limitation, all injuries which may occur as a result of: (a) participation in any Subject Activity; (b) equipment or amenity malfunction; (c) negligent use of equipment or amenities by you, another Club member or trainer; (d) our instruction, training, supervision, or dietary recommendations; and (e) your slipping and/or falling on the Premises.
You warrant that you are in good health, qualified, and in proper physical condition to engage in the Subject Activities. You acknowledge and agree that your participation in Subject Activities and use any Club amenity on or off the Club Premises, including without limitation at any sponsored club event, is entirely at your own risk. You should consult a physician prior to participating in the Subject Activities and/or undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in the Subject Activities and using the Club Premises. Any recommendations for changes in diet, use of food supplements, weight reduction and/or body building enhancement products, are entirely your responsibility. You assume all risks of Injury. Florham Park Fitness is not responsible for any property damage or loss of personal property on the Club Premises.
You understand and agree that Florham Park Fitness has not made any effort or taken any action, and shall not be required to make any effort or take any action, to protect you from any and all risks of Injury described in this Waiver and Release of Liability. You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Release and Waiver of Liability shall remain in full force and effect and the offending provision or provisions severed here from.
YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE THE CLUB, ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS AND/OR AFFILIATES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF THE CLUB, ANY LOSS OF PROPERTY OR PROPERTY DAMAGE.
You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by signing it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability's legal consequences as a full release of liability for Injury, loss of property and/or property damage. You sign this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by the Club and/or any person or entity on its behalf. You intend that your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of New Jersey.