T.A.C Fitness Terms and Conditions
The undersigned (Member/Subscriber) desires to become a member/subscriber of T.A.C. Fit LLC (TAC Fitness) and agrees to the following terms and conditions:
1. PAYMENT OF MEMBERSHIP FEES. All payments to TAC Fitness are final and can be made by the following option:
a. Monthly Payment: Under this option, a payment in the amount of $_______ must accompany the application.
2. TERM. All memberships and subscriptions of TAC Fitness are month to month. Automatic drafts will not be cancelled without (30) days' written notice, either by certified mail, hand delivery to management, or by electronic means (I.e., email). No refunds will apply.
3. DEFAULT/REMEDIES. Any monthly payments received more than 10 days after the due date shall be subject to a late charge of 10% of the amount due or twenty dollars ($20.00), whichever is greater.
4. MEMBERSHIP AND SUBSCRIPTION ACCESS. Member will be issued an access card and key fob, which will enable them to enter the premises and enjoy the use of the facility of TAC Fitness. Member acknowledges that the card and key fob are the property of TAC Fitness and the member agrees to pay a $20.00 deposit for the key card and key fob. Member will agree to not allow any other people access to the facility using members key card and key fob. Member will also agree to not allow anyone else into the facility unauthorized without notifying TAC Fitness in advance and completing the release of liability form. If member is to violate any conditions of Membership Accesses, the member may be revoked with no refund, and criminal prosecution may be applicable.
5. FACILITY AND HOURS OF OPERATION. The facility is an unmanned fitness center and, with the exceptions of any closures for maintenance or any mandatory shutdowns by property management of any governmental authority, is open 24/7, 365 days a year.
6. PERSONAL TRAINING. Personal trainers, instructors, and coaches are on staff/contracted and are on the premises during normal business hours. If member wishes to make to arrangements for personal training with a contracted TAC Fitness personal trainer or outside of a personal trainer, such arrangements shall be solely and exclusively between member and the trainer. The personal trainer will be responsible to make arrangements with TAC Fitness to schedule training. TAC Fitness shall not be liable in any way for results or lack of results obtained from any personal training arrangements between its members and personal trainers, instructors, and coaches contracted or uncontracted. All releases and waivers of liability outlined in Section 7 herein apply to any and all fitness activities in which member engages, regardless of any arrangement between members for personal training activities.
7. RELEASE AND WAIVER OF LIABILITY. Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strains, blisters, stress fractures, shin splints, tendonitis, cartilage tears, bursitis, back pain, and bruising of joints. Exercise beyond one’s physical limits and/or accidents involving exercise equipment may result in serious injury or death. Member certifies that they are in good physical health and is able to undertake and engage in the range of physical activities that they choose to participate in at TAC Fitness. Member agrees to defend, indemnify, and hold harmless TAC Fitness against any, loss, damage, or expenses incurred by any reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or international action of member. Member further agrees to release TAC Fitness and its owners, officers, agents, employees, and/or affiliates from any liability arising out of injury to member, and further agrees to defend, indemnify, and hold TAC Fitness, its owners, officers, employees, and/or affiliates free or harmless from against the same. Member acknowledges that surveillance cameras are in use for the protection of the facility, its equipment, and its members. Member hereby consents to being photographed and/or recorded for such purposes.
8. RULES AND REGULATIONS. Member acknowledges that TAC Fitness operates under the rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well as the rules and regulations subsequently approved and poste or otherwise published by reference. Such rules and regulations in effect from time are incorporated into this agreement by reference. Facility, equipment, hours, services, regulations, and polices are subject to change from time to time, in the sole discretion of TAC Fitness.
Member additionally recognizes
a. Under no circumstances shall member move exercise equipment or use equipment in a manner not authorized by TAC Fitness.
b. Members must scan their key card prior to using facility.
c. All equipment must be wiped down before and after each use.
d. Membership is for member and member only, and member will not give access to another individual.
e. Members must be at least 18 years of age, unless authorized by TAC Fitness.
f. TAC Fitness shall not be responsible for any lost or stolen items.
g. Member will not misuse the equipment. The climate and sound systems shall only be controlled by TAC Fitness.
9. SUSPENSION AND TERMINATION. Member understands that TAC Fitness may suspend or terminate their membership at any time, at its sole and absolute discretion, for nonpayment of membership fees or for violation of any of TAC Fitness's policies and procedures, and in doing so, TAC Fitness assumes no further liability to adhere to the terms of this agreement.
10. ACCEPTANCE OF TERMS. As a member, I understand that I am entitled to the use of the facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the facility. I agree to promptly update TAC Fitness of any change in my contact information (including address, telephone number, or email address) or change in any credit/banking information if applicable.
11. PARQ. Member represents and warrants that all facts stated in the Physical Activity Readiness Questionnaire (PARQ) submitted by the member are true and correct. The PARQ is incorporated herein by reference and made a part of this agreement.
IF WITHIN three BUSINESS DAYS YOU DECIDE THAT YOU DO NO WISH TO REMAIN A MEMBER OF THE FACILITY OR IMMINITIES OF THE FACILITY, YOU MAY CANCEL THIS AGREEMENT BY NOTIFYING IN PERSON, TEXT, OR VIA PHONE CALL, BY MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING YOUR PURCHASE. STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE SHOULD BE TIME STAMPED AND MAILED TO THE FOLLOWING ADDRESS.
T.A.C. FIT LLC
ADDITIONAL CANCELLATION RIGHTS:
You may also cancel this contract if any of the following occur.
A. You may cancel if because of death or medical disability, you become unable to use a substantial portion of the facilities for 30 or more days. In the event of a medical emergency, you must provide the facility with a doctor's statement. In addition, the facility may require you to submit to a mutually agreeable doctor at its cost. Your estate may cancel in the event of your death.
B. You may cancel if the facility relocates more than five (5) miles from the location stated in the contract.
C. You may cancel if you relocate more than twenty-five miles (25) miles from your residence as stated in the contract, and the facility cannot provide comparable facilities and services within five (5) miles of your new residence, the facility may require verification of your new residence, such as lease, deed, or utility bill.
IN ORDER TO EXERCISE THESE ADDITIONAL CANCELLATION RIGHTS, YOU MUST NOTIFY THE FACILITY IN WRITING, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL DELIVERY, TO THE ADDRESS STATED ABOVE. ALL MONIES TO BE REFUNDED SHALL BE PAID TO YOU WITHIN THIRTY (30) DAYS AFTER THE FACILITY’S RECEIPT OF THE CANCELLATION NOTICE.
I UNDERSTAND THAT I HAVE READ THE FOREGOING MEMBERSHIP AGGREEMENT AND THAT BY SIGNING BELOW, I ACKNOWLEDGE THAT I UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF. I FURTHER ACKNOWLEDGE THAT A FULLY EXECUTED COPY OF THIS AGREEMENT HAS BEEN PROVIDED TO ME.