Common use of Liability for Personal Property Clause in Contracts

Liability for Personal Property. Gold’s Gym shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any equipment, furniture or fixture located thereon caused by Member or any of Member’s guests or invitees. PAYMENT DEFAULT: Member is responsible for payment of all amounts owed to Gold’s Gym, other than monthly dues owed by Company per the Company Contract. If Member fails to pay any amount owed by Member (or Company fails to pay Member’s monthly dues per the Company Contract) when due under this Agreement or Company Contract, as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership and terminate this Agreement and to require Member to immediately pay all past due balances owed by Member. Suspension or cancellation shall not relieve Member from the obligation to pay any unpaid balances owed by Member. Any payments owing from Member to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amounts owed by Member to Gold’s Gym when due, Member shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expenses. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to Gold’s Gym that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of Gold’s Gym’s facilities. Member acknowledges that Gold’s Gym has not given Member any medical advice before Member joined Xxxx’s Gym and cannot give Member any such advice after Member joins Gold’s Gym, whether related to Member’s physical condition and ability to use the facilities and services of Gold’s Gym or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional prior to and while using Gold’s Gym’s facilities.

Appears in 5 contracts

Samples: Corporate Membership Contract, Membership Contract, Corporate Membership Contract

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Liability for Personal Property. Gold’s Gym shall not be liable to Member you, your children, or any of Member’s your guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises or at an off-site bootcamp location including, but not limited to, a vehicle or its contents or any property left in a locker. Member You shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any toys, equipment, furniture or fixture located thereon caused by Member you, your children, or any of Member’s your guests or invitees. PAYMENT DEFAULT: Member is You are responsible for payment of all amounts owed to Gold’s GymGym under this Agreement, other than the monthly dues owed by and fees that Company pays to us on your behalf per the Company Contract. If Member fails you fail to pay any amount owed by Member when due under this Agreement (or Company fails to pay Member’s monthly dues your dues/fees per the Company Contract) when due under this Agreement or Company Contract), as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership your membership, and terminate this Agreement any services and products offered or purchased by you and to require Member you to immediately pay all past due balances owed by Memberyou. In addition, Gold’s Gym shall have the right to declare the entire remaining balance owed by you due and payable. Suspension or cancellation shall not relieve Member you from the obligation to pay any unpaid balances owed by Memberyou. Any payments owing from Member you to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails To the fullest extent permissible by applicable law, if you fail to pay any amounts amount owed by Member you to Gold’s Gym when due, Member you shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expenses. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents You represent and warrants warrant to Gold’s Gym that Member is you are in good physical condition and has have no medical reason or impairment that could prevent Member you from his or her your intended use of Gold’s Gym’s facilities, equipment, programs or services. Member acknowledges You acknowledge that Gold’s Gym has not given Member you any medical advice before Member you joined XxxxGold’s Gym and cannot give Member you any such advice after Member joins you join Gold’s Gym, whether related to Member’s your physical condition and ability to use the facilities facilities, equipment, programs and services of Gold’s Gym or otherwise. Member acknowledges You acknowledge and agrees agree that Member you will discuss any health or medical concerns with Member’s your physician or other health professional prior to and while using Gold’s Gym’s facilities, equipment, programs, and services. If you are enrolling a child (each enrollee a “Child”) in Kids Club: You agree to ASSUME ALL RISKS associated with Child’s participation in Kids Club. If Child has any mental, physical, or medical problems or conditions, you must consult Child’s physician to carefully consider the risks before choosing to enter Child into Kids Club, and by signing below you represent that you have done so. Gold’s Gym and its employees are not authorized or able to provide Child or you with medical advice or medical clearance for participation, and Child’s participation in Kids Club shall not be construed as Gold’s Gym’s approval of Child’s fitness for Kids Club. 7 MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, (iii) unless prohibited by applicable law, Gold’s Gym shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. 8 ARBITRATION: This Agreement shall be governed by the internal laws of the State of Missouri without regard to principles of conflicts of laws. Any and all claims you or Child may have against Gold’s Gym must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. CANCELLATION: If you are on a monthly membership, unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make recurring payments for membership by providing at least 30 days written notice. At the expiration of the 30 day notice period, no further xxxxxxxx will occur (the “Billing Termination”). Regarding your membership, if you (or your Company) did not pay final dues at enrollment, then this Agreement and all rights for you to use Gold’s Gym will terminate on the Billing Termination date. If you (or Company paid your final dues at enrollment, then the final dues paid at enrollment will extend the membership by an additional 30 days, allowing you to use Gold’s Gym for an additional 30 days after the Billing Termination. Accordingly, this Agreement and all rights for you to use Gold’s Gym will terminate 30 days after the Billing Termination. If you are on a Prepaid Membership, then unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make payment for an additional Prepaid Membership term by providing written notice of cancellation at least 30 days before the expiration of the initial term (or the renewal term, as applicable). If you do not cancel your Prepaid Membership at least 30 days before the expiration of the then-current term, your membership will renew (so long as the Company Contract is in effect and/or renewed, if applicable) and you will not be able to cancel (unless otherwise provided in this Agreement) until the expiration of the renewal term, by providing at least 30 days notice of cancellation prior to expiration. Services purchased a la carte in this Agreement may be canceled by providing at least 30 days written notice. You may not cancel a Paid In Full membership or services package unless otherwise specified in this Agreement. You are solely responsible for notifying your Company Human Resources Department of any cancellation of your membership in order to have any payroll deduct cancelled. Gold’s Gym will not be responsible for amounts deducted by Company due to your failure to notify your Company Human Resources Department of cancellation. You may further hand-deliver written notice of cancellation to the enrolling gym location or send written notice to: ATTN: Corporate Sales Cancellations, Gold’s Gym, 0000 Xxxxx Xxxxxx, Xxxxxx, XX 00000, or email notice of cancellation to XxxxxxxxxXxxxxXxxxxxxxxxxxx@xxxxxxxx.xxx. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership or enrollment. If mailed, certified mail, return receipt requested, is recommended. Subject to applicable law, your account must be current and in good standing before Gold’s Gym will process any such request to cancel under this paragraph.

Appears in 2 contracts

Samples: www.northwestschools.net, lsslife.com

Liability for Personal Property. Gold’s Gym shall not be liable to Member you, your children, or any of Member’s your guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises or at an off-site bootcamp location including, but not limited to, a vehicle or its contents or any property left in a locker. Member You shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any toys, equipment, furniture or fixture located thereon caused by Member you, your children, or any of Member’s your guests or invitees. PAYMENT DEFAULT: Member is You are responsible for payment of all amounts owed to Gold’s GymGym under this Agreement, other than the monthly dues owed by and fees that Company pays to us on your behalf per the Company Contract. If Member fails you fail to pay any amount owed by Member when due under this Agreement (or Company fails to pay Member’s monthly dues your dues/fees per the Company Contract) when due under this Agreement or Company Contract), as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership your membership, and terminate this Agreement any services and products offered or purchased by you and to require Member you to immediately pay all past due balances owed by Memberyou. In addition, Xxxx’s Gym shall have the right to declare the entire remaining balance owed from you due and payable. Suspension or cancellation shall not relieve Member you from the obligation to pay any unpaid balances owed by Memberyou. Any payments owing from Member you to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails To the fullest extent permissible by applicable law, if you fail to pay any amounts amount owed by Member you to Gold’s Gym when due, Member you shall pay all costs and expenses of collection incurred by GoldXxxx’s Gym, including reasonable attorney’s fees and expenses. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents You represent and warrants warrant to Gold’s Gym that Member is you are in good physical condition and has have no medical reason or impairment that could prevent Member you from his or her your intended use of Gold’s Gym’s facilities, equipment, programs or services. Member acknowledges You acknowledge that GoldXxxx’s Gym has not given Member you any medical advice before Member you joined XxxxGold’s Gym and cannot give Member you any such advice after Member joins you join Gold’s Gym, whether related to Member’s your physical condition and ability to use the facilities facilities, equipment, programs and services of Gold’s Gym or otherwise. Member acknowledges You acknowledge and agrees agree that Member you will discuss any health or medical concerns with Member’s your physician or other health professional prior to and while using Gold’s Gym’s facilities, equipment, programs, and services. If you are enrolling a child (each enrollee a “Child”) in Kids Club: You agree to ASSUME ALL RISKS associated with Child’s participation in Kids Club. If Child has any mental, physical, or medical problems or conditions, you must consult Child’s physician to carefully consider the risks before choosing to enter Child into Kids Club, and by signing below you represent that you have done so. Gold’s Gym and its employees are not authorized or able to provide Child or you with medical advice or medical clearance for participation, and Child’s participation in Kids Club shall not be construed as Gold’s Gym’s approval of Child’s fitness for Kids Club. 7 MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, (iii) unless prohibited by applicable law, Gold’s Gym shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. 8 ARBITRATION: This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws. Any and all claims you or Child may have against Gold’s Gym must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. CANCELLATION: If you are on a monthly membership, unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make recurring payments for membership by providing at least 30 days written notice. At the expiration of the 30 day notice period, no further xxxxxxxx will occur (the “Billing Termination”). Regarding your membership, if you (or your Company) did not pay final dues at enrollment, then this Agreement and all rights for you to use Gold’s Gym will terminate on the Billing Termination date. If you (or Company) paid your final dues at enrollment, then the final dues paid at enrollment will extend the membership by an additional 30 days, allowing you to use Gold’s Gym for an additional 30 days after the Billing Termination. Accordingly, this Agreement and all rights for you to use Gold’s Gym will terminate 30 days after the Billing Termination. If you are on a Prepaid Membership, then unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make payment for an additional Prepaid Membership term by providing written notice of cancellation at least 30 days before the expiration of the initial term (or the renewal term, as applicable). If you do not cancel your Prepaid Membership at least 30 days before the expiration of the then-current term, your membership will renew (so long as the Company Contract is in effect and/or renewed, if applicable) and you will not be able to cancel (unless otherwise provided in this Agreement) until the expiration of the renewal term, by providing at least 30 days notice of cancellation prior to expiration. Services purchased a la carte in this Agreement may be canceled by providing at least 30 days written notice to Gold’s Gym. You may not cancel a Paid In Full membership or services package unless otherwise specified in this Agreement. You are solely responsible for notifying your Company Human Resources Department of any cancellation of your membership in order to have any payroll deduct cancelled. Gold’s Gym will not be responsible for amounts deducted by Company due to your failure to notify your Company Human Resources Department of cancellation. You may further hand-deliver written notice of cancellation to the enrolling gym location or send written notice to: ATTN: Corporate Sales Cancellations, Gold’s Gym 0000 Xxxxx Xxxxxx, Xxxxxx XX, 00000, or email notice of cancellation to XxxxxxxxxXxxxxXxxxxxxxxxxxx@xxxxxxxx.xxx. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership or enrollment. If mailed, certified mail, return receipt requested, is recommended. Subject to applicable law, your account must be current and in good standing before Gold’s Gym will process any such request to cancel under this paragraph.

Appears in 2 contracts

Samples: Gym Corporate Membership Contract, newbraunfels.gov

Liability for Personal Property. Gold’s Gym shall not be liable to Member you, your children, or any of Member’s your guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises or at an off-site bootcamp location including, but not limited to, a vehicle or its contents or any property left in a locker. Member You shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any toys, equipment, furniture or fixture located thereon caused by Member you, your children, or any of Member’s your guests or invitees. PAYMENT DEFAULT: Member is You are responsible for payment of all amounts owed to Gold’s GymGym under this Agreement, other than the monthly dues owed by and fees that Company pays to us on your behalf per the Company Contract. If Member fails you fail to pay any amount owed by Member when due under this Agreement (or Company fails to pay Member’s monthly dues your dues/fees per the Company Contract) when due under this Agreement or Company Contract), as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership your membership, and terminate this Agreement any services and products offered or purchased by you and to require Member you to immediately pay all past due balances owed by Memberyou. In addition, Gold’s Gym shall have the right to declare the entire remaining balance owed from you due and payable. Suspension or cancellation shall not relieve Member you from the obligation to pay any unpaid balances owed by Memberyou. Any payments owing from Member you to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails To the fullest extent permissible by applicable law, if you fail to pay any amounts amount owed by Member you to Gold’s Gym when due, Member you shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expenses. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents You represent and warrants warrant to Gold’s Gym that Member is you are in good physical condition and has have no medical reason or impairment that could prevent Member you from his or her your intended use of Gold’s Gym’s facilities, equipment, programs or services. Member acknowledges You acknowledge that Gold’s Gym has not given Member you any medical advice before Member you joined XxxxGold’s Gym and cannot give Member you any such advice after Member joins you join Gold’s Gym, whether related to Member’s your physical condition and ability to use the facilities facilities, equipment, programs and services of Gold’s Gym or otherwise. Member acknowledges You acknowledge and agrees agree that Member you will discuss any health or medical concerns with Member’s your physician or other health professional prior to and while using Gold’s Gym’s facilities, equipment, programs, and services. If you are enrolling a child (each enrollee a “Child”) in Kids Club: You agree to ASSUME ALL RISKS associated with Child’s participation in Kids Club. If Child has any mental, physical, or medical problems or conditions, you must consult Child’s physician to carefully consider the risks before choosing to enter Child into Kids Club, and by signing below you represent that you have done so. Gold’s Gym and its employees are not authorized or able to provide Child or you with medical advice or medical clearance for participation, and Child’s participation in Kids Club shall not be construed as Gold’s Gym’s approval of Child’s fitness for Kids Club. 7 MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, (iii) unless prohibited by applicable law, Gold’s Gym shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. 8 ARBITRATION: This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws. Any and all claims you or Child may have against Gold’s Gym must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. CANCELLATION: If you are on a monthly membership, unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make recurring payments for membership by providing at least 30 days written notice. At the expiration of the 30 day notice period, no further xxxxxxxx will occur (the “Billing Termination”). Regarding your membership, if you (or your Company) did not pay final dues at enrollment, then this Agreement and all rights for you to use Gold’s Gym will terminate on the Billing Termination date. If you (or Company) paid your final dues at enrollment, then the final dues paid at enrollment will extend the membership by an additional 30 days, allowing you to use Gold’s Gym for an additional 30 days after the Billing Termination. Accordingly, this Agreement and all rights for you to use Gold’s Gym will terminate 30 days after the Billing Termination. If you are on a Prepaid Membership, then unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make payment for an additional Prepaid Membership term by providing written notice of cancellation at least 30 days before the expiration of the initial term (or the renewal term, as applicable). If you do not cancel your Prepaid Membership at least 30 days before the expiration of the then-current term, your membership will renew (so long as the Company Contract is in effect and/or renewed, if applicable) and you will not be able to cancel (unless otherwise provided in this Agreement) until the expiration of the renewal term, by providing at least 30 days notice of cancellation prior to expiration. Services purchased a la carte in this Agreement may be canceled by providing at least 30 days written notice to Gold’s Gym. You may not cancel a Paid In Full membership or services package unless otherwise specified in this Agreement. You are solely responsible for notifying your Company Human Resources Department of any cancellation of your membership in order to have any payroll deduct cancelled. Gold’s Gym will not be responsible for amounts deducted by Company due to your failure to notify your Company Human Resources Department of cancellation. You may further hand-deliver written notice of cancellation to the enrolling gym location or send written notice to: ATTN: Corporate Sales Cancellations, Gold’s Gym 0000 Xxxxx Xxxxxx, Xxxxxx XX, 00000, or email notice of cancellation to XxxxxxxxxXxxxxXxxxxxxxxxxxx@xxxxxxxx.xxx. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership or enrollment. If mailed, certified mail, return receipt requested, is recommended. Subject to applicable law, your account must be current and in good standing before Gold’s Gym will process any such request to cancel under this paragraph.

Appears in 2 contracts

Samples: Corporate Membership Contract Eesi, Gym Corporate Membership Contract

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Liability for Personal Property. Gold’s Gym shall not be liable to Member you, your children, or any of Member’s your guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises or at an off-site bootcamp location including, but not limited to, a vehicle or its contents or any property left in a locker. Member You shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any toys, equipment, furniture or fixture located thereon caused by Member you, your children, or any of Member’s your guests or invitees. PAYMENT DEFAULT: Member is You are responsible for payment of all amounts owed to Gold’s GymGym under this Agreement, other than the monthly dues owed by and fees that Company pays to us on your behalf per the Company Contract. If Member fails you fail to pay any amount owed by Member when due under this Agreement (or Company fails to pay Member’s monthly dues your dues/fees per the Company Contract) when due under this Agreement or Company Contract), as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s your membership and terminate this Agreement and to require Member you to immediately pay all past due balances owed by Memberyou. Suspension or cancellation shall not relieve Member you from the obligation to pay any unpaid balances owed by Member. Any payments owing from Member to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amounts owed by Member to Gold’s Gym when due, Member shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expensesyou. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents You represent and warrants warrant to Gold’s Gym that Member is you are in good physical condition and has have no medical reason or impairment that could prevent Member you from his or her your intended use of Gold’s Gym’s facilities, equipment, programs or services. Member acknowledges You acknowledge that Gold’s Gym has not given Member you any medical advice before Member you joined XxxxGold’s Gym and cannot give Member you any such advice after Member joins you join Gold’s Gym, whether related to Member’s your physical condition and ability to use the facilities facilities, equipment, programs and services of Gold’s Gym or otherwise. Member acknowledges You acknowledge and agrees agree that Member you will discuss any health or medical concerns with Member’s your physician or other health professional prior to and while using Gold’s Gym’s facilities, equipment, programs, and services. If you are enrolling a child (each enrollee a “Child”) in Kids Club: You agree to ASSUME ALL RISKS associated with Child’s participation in Kids Club. If Child has any mental, physical, or medical problems or conditions, you must consult Child’s physician to carefully consider the risks before choosing to enter Child into Kids Club, and by signing below you represent that you have done so. Gold’s Gym and its employees are not authorized or able to provide Child or you with medical advice or medical clearance for participation, and Child’s participation in Kids Club shall not be constured as Gold’s Gym’s approve of Child’s fitness for Kids Club. 7 MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, (iii) unless prohibited by applicable law, Gold’s Gym shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. 8 ARBITRATION: This Agreement shall be governed by the internal laws of the State of Oklahoma without regard to principles of conflicts of laws. Any and all claims you or Child may have against Gold’s Gym must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. CANCELLATION: Unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership , you may cancel your obligation to make recurring payments for membership by providing at least 30 days written notice. At the expiration of the 30 day notice period, no further xxxxxxxx will occur (the “Billing Termination”). Regarding your membership, , if you (or your Company) did not pay final dues at enrollment, then this Agreement and all rights for you to use Gold’s Gym will terminate on the Billing Termination date. If you (or your Company) paid your final dues at enrollment, then the final dues paid at enrollment will extend the membership by an additional 30 days, allowing you to use Gold’s Gym for an additional 30 days after the Billing Termination. Accordingly, the Agreement and all rights for you to use Gold’s Gym (and, if applicable, Child’s access to Kids Club) will terminate 30 days after the Billing Termination. Services purchased a la carte in this Agreement may be canceled by providing at least 30 days written notice. You may not cancel a Paid in Full Membership or services package unless otherwise specified in this Agreement. You are solely responsible for notifying your Company Human Resources Department of any cancellation of your membership in order to have any payroll deduct cancelled. Gold’s Gym will not be responsible for amounts deducted by Company due to your failure to notify your Company Human Resources Department of cancellation. You may further hand-deliver written notice of cancellation to the enrolling gym location or send written notice to: ATTN: Corporate Sales Cancellations, Gold’s Gym 0000 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxx, XX 00000, or email notice of cancellation to XxxxxxxxxXxxxxXxxxxxxxxxxxx@xxxxxxxx.xxx. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership. If mailed, certified mail, return receipt requested, is recommended. Subject to applicable law, your account must be current and in good standing before Gold’s Gym will process any such request to cancel under this paragraph.

Appears in 1 contract

Samples: Membership Agreement

Liability for Personal Property. Gold’s Gym shall not be liable to Member you, your children, or any of Member’s your guests or invitees for any personal property that is damaged, lost or stolen while on or around Gold’s Gym’s premises or at an off-site bootcamp location including, but not limited to, a vehicle or its contents or any property left in a locker. Member You shall be liable to Gold’s Gym for any damage to Gold’s Gym’s facilities and any toys, equipment, furniture or fixture located thereon caused by Member you, your children, or any of Member’s your guests or invitees. PAYMENT DEFAULT: Member is You are responsible for payment of all amounts owed to Gold’s GymGym under this Agreement, other than the monthly dues owed by and fees that Company pays to us on your behalf per the Company Contract. If Member fails you fail to pay any amount owed by Member when due under this Agreement (or Company fails to pay Member’s monthly dues your dues/fees per the Company Contract) when due under this Agreement or Company Contract), as applicable, then Gold’s Gym shall be entitled, at any time in its sole discretion, to suspend or cancel Member’s membership your membership, and terminate this Agreement any services and products offered or purchased by you and to require Member you to immediately pay all past due balances owed by Memberyou. In addition, Xxxx’s Gym shall have the right to declare the entire remaining balance owed by you due and payable. Suspension or cancellation shall not relieve Member you from the obligation to pay any unpaid balances owed by Memberyou. Any payments owing from Member you to Gold’s Gym that are not received when due shall bear interest at the highest rate permitted by law. If Member fails To the fullest extent permissible by applicable law, if you fail to pay any amounts amount owed by Member you to Gold’s Gym when due, Member you shall pay all costs and expenses of collection incurred by GoldXxxx’s Gym, including reasonable attorney’s fees and expenses. HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents You represent and warrants warrant to Gold’s Gym that Member is you are in good physical condition and has have no medical reason or impairment that could prevent Member you from his or her your intended use of Gold’s Gym’s facilities, equipment, programs or services. Member acknowledges You acknowledge that GoldXxxx’s Gym has not given Member you any medical advice before Member you joined XxxxGold’s Gym and cannot give Member you any such advice after Member joins you join Gold’s Gym, whether related to Member’s your physical condition and ability to use the facilities facilities, equipment, programs and services of Gold’s Gym or otherwise. Member acknowledges You acknowledge and agrees agree that Member you will discuss any health or medical concerns with Member’s your physician or other health professional prior to and while using Gold’s Gym’s facilities, equipment, programs, and services. If you are enrolling a child (each enrollee a “Child”) in Kids Club: You agree to ASSUME ALL RISKS associated with Child’s participation in Kids Club. If Child has any mental, physical, or medical problems or conditions, you must consult Child’s physician to carefully consider the risks before choosing to enter Child into Kids Club, and by signing below you represent that you have done so. Gold’s Gym and its employees are not authorized or able to provide Child or you with medical advice or medical clearance for participation, and Child’s participation in Kids Club shall not be construed as Gold’s Gym’s approval of Child’s fitness for Kids Club. 7 MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Gold’s Gym. Consent may be withheld in Gold’s Gym’s absolute discretion, (iii) unless prohibited by applicable law, Gold’s Gym shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. 8 ARBITRATION: This Agreement shall be governed by the internal laws of the State of Missouri without regard to principles of conflicts of laws. Any and all claims you or Child may have against Gold’s Gym must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. CANCELLATION: If you are on a monthly membership, unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make recurring payments for membership by providing at least 30 days written notice. At the expiration of the 30 day notice period, no further xxxxxxxx will occur (the “Billing Termination”). Regarding your membership, if you (or your Company) did not pay final dues at enrollment, then this Agreement and all rights for you to use Gold’s Gym will terminate on the Billing Termination date. If you (or Company paid your final dues at enrollment, then the final dues paid at enrollment will extend the membership by an additional 30 days, allowing you to use Gold’s Gym for an additional 30 days after the Billing Termination. Accordingly, this Agreement and all rights for you to use Gold’s Gym will terminate 30 days after the Billing Termination. If you are on a Prepaid Membership, then unless otherwise specified in this Agreement, and effective no earlier than the expiration of the initial term of your membership, you may cancel your obligation to make payment for an additional Prepaid Membership term by providing written notice of cancellation at least 30 days before the expiration of the initial term (or the renewal term, as applicable). If you do not cancel your Prepaid Membership at least 30 days before the expiration of the then-current term, your membership will renew (so long as the Company Contract is in effect and/or renewed, if applicable) and you will not be able to cancel (unless otherwise provided in this Agreement) until the expiration of the renewal term, by providing at least 30 days notice of cancellation prior to expiration. Services purchased a la carte in this Agreement may be canceled by providing at least 30 days written notice. You may not cancel a Paid In Full membership or services package unless otherwise specified in this Agreement. You are solely responsible for notifying your Company Human Resources Department of any cancellation of your membership in order to have any payroll deduct cancelled. Gold’s Gym will not be responsible for amounts deducted by Company due to your failure to notify your Company Human Resources Department of cancellation. You may further hand-deliver written notice of cancellation to the enrolling gym location or send written notice to: ATTN: Corporate Sales Cancellations, Gold’s Gym, 0000 Xxxxx Xxxxxx, Xxxxxx, XX 00000, or email notice of cancellation to XxxxxxxxxXxxxxXxxxxxxxxxxxx@xxxxxxxx.xxx. Such notice shall be accompanied by a copy of any membership cards or other documents or evidence of membership or enrollment. If mailed, certified mail, return receipt requested, is recommended. Subject to applicable law, your account must be current and in good standing before Gold’s Gym will process any such request to cancel under this paragraph.

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Samples: www.parkwayschools.net

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