This Membership Agreement ("Agreement") is between Member ("Member") and FitMe Rockford, LLC ("FitMe").
The Member has chosen the "Month to Month" membership type above. This agreement authorizes FitMe to automatically charge membership dues on a monthly basis. Member agrees, authorizes, and directs FitMe to continue to access Member's credit/debit card for monthly dues authorized in this Agreement, plus any other fees, personal training fees, group training fees, taxes, and all charges or penalties authorized in this Agreement or by Member until Agreement is cancelled by Member as set forth in section below.
Member's Right to Cancel: Member may cancel membership as follows:
(1) Member may cancel membership at anytime with a thirty (30) day written notice. Written notice delivered by certified mail or personal delivery to FitMe is the only valid method of cancellation. Member is liable for and agrees to pay all fees and charges accruing until cancellation is effective. Effective date of cancellation is 30 days after written notice is delivered to FitMe, final months dues have been collected, and if applicable, cancellation fees are collected.
(2) Cancellation fee: Any member entered into a "Month to Month" membership will incur a cancellation fee of $120 less $10 for each full month of continuous membership completed at FitMe. After completing twelve (12) consecutive months as a member in good standing, no cancellation fee(s) will apply. All other membership cancellation procedures set forth in this section remain in effect. Cancellation fee and final months dues are owed at time of cancellation for cancellation to be effective.
(3) Member's Right to Cancel Prior to Validation or Membership: Member may cancel Agreement within 3 business days of Agreement execution without incurring any fees by personally delivering or mailing notice of cancellation via Certified Mail to FitMe within 3 business days of signing Agreement. Any amounts charged to Member will be refunded within 30 days.
(4) Member's Relocation: In the event of the relocation of a Member's residence to farther than 25 miles from FitMe, and upon the failure of FitMe to designate a center with comparable facilities and services within 25 miles of the Member's new residence, which agrees to accept FitMe's obligations under the Agreement, the Member may cancel the Agreement and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to FitMe.
(5) Death or Disability of Member: If the Member, due to death or disability, is unable to use or receive all services contracted for hereunder, the Member, or such Member's estate, shall be liable for only that portion of the charges allocable to the time prior to death or onset of disability.
FitMe's Right to Suspend or Cancel: This membership may be suspended or terminated by FitMe in its sole discretion.
Membership: This membership is not transferable and Member may not sell, assign, or transfer this Agreement, his/her membership code or any other right or privilege associated with membership except as provided herein.
Waiver and Release: I understand the nature and purpose of FitMe and am aware that any physical exercise involves certain risks. I am aware that the use of FitMe's exercise machines, free weights, cardiovascular equipment, personal and group training services and any related services offered at FitMe involves inherent dangers, including loss of or damage to personal property an serious personal injury or death. I hereby assume the risk of any and all accidents or injuries of any kind, which may be sustained by me by reason or in connection with my participation. I voluntarily assume and freely choose to incur any and all such risks of loss, damage, or injury, including by not limited to, the risk or harm caused in whole or in part by the unintentional conduct of FitMe including, but not limited to its agents and employees.
Failed Payment Processing and Late Fees: If a debit/credit card payment, or any other authorized recurring payment method is rejected for any reason, the Member agrees to pay that payment plus a $10 late fee for each attempt made to collect the authorized payment, up to $40 per month. $40 per month may be automatically assessed if FitMe determines that attempting to process payment is futile due to, but not limited to, expired debit/credit card, deactivated debit/credit card, etc. Failure of FitMe to demand or collect a late charge on any one payment is not a waiver of the charges in the event of any breach. It is the Member's responsibility to know whether this Agreement is in default or that payments have been missed. FitMe is not responsible for notifying the member of late payment or any default or that any payment as been missed. FitMe will retain a collection agency to collect Member's unpaid balance after a period of 90-120 days, plus accrued late fees, $25 document preparation fees, plus any and all costs incurred in or related to the collection of such charges including, but not limited to, reasonable collection agency charges not to exceed 50% of the principle balance, plus attorney fees, and costs of suit.
Rules & Regulations: Members and guests shall follow and comply with these Rules and Regulations. FitMe Rockford, LLC (FitMe) reserves the right to change the Rules and Regulations and such changes shall be posted at FitMe.
Lockers: Lockers are provided for monthly rental or on a per visit basis. There are no fees for lockers used on a per visit basis. Members much provide their own locks for lockers. Locks left on unrented lockers over night will be removed. FitMe is not responsible for any lost, stolen, or damaged articles.
Facility Rules: Appropriate workout attire must be worn at all times. No open-toed or heeled shoes allowed.
Guest Policy: Any member may bring in a guest that is 18 years or older. The guest must sign a "guest waiver" and may be asked to present identification. Members are provided 5 complimentary guest passes per year. Members may purchase additional guest passes for $5 a guest pass. No guest under the age of 18 will be allowed. FitMe reserves the right to refuse any service to any guest. Members are not permitted to provide their PIN code to any guest. Guests are only permitted to access FitMe via the front door and after signing a guest waiver.
Dues: The obligation to pay dues is not dependent upon the availability of the FitMe facilities or of the Member's usage of the facility. Repair or maintenance may at any time, make it necessary for FitMe to restrict the use of, for a temporary period, its facilities. Power outages, weather, or other acts of nature may cause a restricted use of the facility.
Membership Code: Membership entry code (PIN) may be used by the member to whom entry code is issued. Members shall not share entry code with anyone or allow anyone to use his or her entry code. Picture ID may be required upon entry.
Medical Condition: Member warrants that he or she is physically sound and has medical approval to proceed with a normal exercise routine. If member has not been medically approved by a physician to participate in an exercise program, he or she cannot and should not use FitMe's equipment or facilities.
Signers of Agreement: If there is more than one personal signing this Agreement, each is individually responsible to fully perform the obligations under this agreement.
Delinquent Accounts: Any account which is not current may result in Member losing all FitMe privileges. FitMe shall have the right to terminate or suspend membership and collect all outstanding monies on delinquent accounts.
Binding Arbitration: If any dispute arises under this Agreement, the parties each agree to submit the matter to arbitration in accordance with arbitration rules of the State of Illinois, County of Winnebago, unless otherwise agreed. Any award made by the arbitrator will be final and binding and may be entered as judgment in any court having jurisdictions. The prevailing party will be awarded all costs of arbitration including reasonable attorney's fees.
Applicable Law: The laws of the State of Illinois shall govern any claims arising under or extending from the terms and conditions of this Agreement.
Violation of Rules and Regulations: All members and guests shall be subject to strict compliance with all Rules and Conditions. Failure by any member or guest to so comply shall permit FitMe to revoke this Agreement and immediately terminate all of the member's privileges and FitMe's obligations under this Agreement.
Club Account: Once funded, a Member's Club Account (aka FitMe Rewards Account) is non-refundable. Club Account funds cannot be used to pay for Membership Dues.
Medical Leave Policy: Members may request a Medical Leave when the need arises. Members may make this request by submitting a written notice form Member's physician detailing the nature of the injury and how long it will take to recover. Membership dues may be placed on hold for up to three (3) billing cycles upon approval by FitMe management.