I understand the risk of injury from CLUB activities and using any club equipment is significant, including the potential for permanent paralysis and death. I knowingly and freely assume all such risks, both known and unknown. I acknowledge that at times this is an unsupervised Fitness center and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of club staff on the premises. I also acknowledge I have received all instructions regarding the use of the club during its non-staffed hours including the location and use of all safety equipment such as AED, 911 telephone, and personal security devices with panic buttons. I understand that Urge Fitness is independently owned and operated by MGWSC1 LLC.
I hereby release, indemnify and hold harmless MGWSC1 LLC DBA URGE Fitness., and the owners of all clubs within the Urge Fitness system, as well as all sponsors, advertisers, and all owners and lessors of the premises of such clubs, and their respected officers, affiliates, agents and employees with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of or in connection with my use of any of the equipment or the facilities or engaging in club activities of the club and of any other Urge Fitness clubs, or any incident that occurs while using such facilities, or otherwise related to my membership.
As Parent of the named above (“Minor”), I hereby acknowledge that the Urge Fitness facility (“Facility”) has equipment and conducts activities that are inherently dangerous. As such, I assume all risks and liability regarding my Minor’s presence at the Facility and use of its equipment, machines, etc. I agree to be present and in the immediate company of the Minor at all times during which the Minor is utilizing or present in the Facility and I accept the obligation to ensure the welfare and safety of the Minor. In the event any proceeding is instituted regarding the Minor and the Facility, I agree to be responsible for all legal fees and expenses incurred by the Facility.
I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
ADDITIONAL TERMS AND CONDITIONS – I hereby confirm that I am aware of and agree to ALL the terms and conditions on both the front and back of this entire document.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account.
Child Sitting: Child sitting is available for an additional cost per child. Child care is available for our members’ children, while the members are using the facility. Service is limited to two hours per visit. Infants must be at least 3 months old. All Child Sitting add-on programs require a 30 day cancellation.
AUTOMATIC RENEWAL PROGRAM:
Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated above. Renewal terms may be cancelled at any time provided a 60-day written notice is delivered to the club’s address. It is also understood that the club has the option to increase monthly renewal dues without notice during any renewal period not to exceed the above amount per month.
New Memberships, Memberships, Personal Training and Add-ons roll over after initial term to a month-to-month basis and require a 60-day written notice to cancel, except for relocation and disabilities.
NONRENEWABLE MEMBERSHIP:
This membership will expire on the above date. An annual Club fee of the above amount will be billed annually after begin date either January, September, or June depending on sign up date and on the same date each year thereafter.
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. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ASF payment solutions, 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 $20.00 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.
MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all CLUB policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the CLUB promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
SUMMARY OF MEMBERSHIP POLICIES
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of vending machine, Personal training and cafe. The MEMBER may also be charged for purchases through the use of their key or account number.
2. MEMBER must present upon entering the CLUB his/her membership card. MEMBER agrees that MEMBER may be denied access to the CLUB without his/her membership card.
3. MEMBER agrees to abide by all membership regulations of the CLUB. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the CLUB’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the CLUB becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER’s membership privileges for the period the facilities were unavailable.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.
5. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
6. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in the CLUB.
7. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault or harass other CLUB MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
9. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
10. Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this CLUB is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14. MEMBER authorizes the CLUB or designated billing company to contact them by e-mail or telephone. Subject to applicable law, Member agrees that the club or billing company 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 the club.
15. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at the CLUB from time to time and all MEMBERs shall be subject to strict compliance therewith.
SAFETY NOTICES
• This facility is under 24- hour recorded video surveillance, which may be retained by the CLUB for subsequent review, and MEMBER access card usage is logged.
• MEMBER may not bring in guests or open door for anyone at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
• MEMBERs who do not have their key access card will not be allowed into the facility during non- staffed hours, nor should they enter the facility during un- staffed hours.
• Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB. Regardless, all payments for personal training services are to be made to the CLUB, who will pay the trainers as the services are provided.
• MEMBER has access to a free orientation to the facility and the proper use of all equipment. It is the MEMBER’s responsibility to request this orientation.
• It is MEMBER’s responsibility to wipe down all equipment after each use and re- rack the weights they use.
• MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
• Each MEMBER is responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
• Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER’s membership, and the balance of the contract being declared due and payable in full immediately.
• Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.
• Age Requirements – Persons under the age of 18 are not permitted in the CLUB.
TANNING, VENDING, PERSONAL TRAINING & PRODUCT PURCHASES
• If the MEMBER(s) elects to make use of the CLUB tanning facilities, he/she does so at their own risk.
• If the MEMBER has not purchased a tanning package, they will automatically be charged a per session rate determined by the CLUB.
• If the Primary MEMBER or any of the Additional MEMBERs on this agreement choose to utilize the tanning beds on a per session basis, vending machines, Purchase Personal training agreements or purchase products directly from the CLUB using their assigned Key, the Primary MEMBER herby agrees to have the cost of such purchases, added to the next monthly draft in addition to their membership dues.
TANNING AGREEMENT
• DANGER – ULTRAVIOLET RADIATION
Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Overexposure may cause premature aging of the skin and skin cancer. Wear protective eyewear. FAILURE TO WEAR PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using sunlamps if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product.
I understand that there is a risk to tanning. I have been shown proper tanning procedures. I have read this warning.
NOTICE OF CONSUMER RIGHTS
1. The buyer may cancel the contract without penalty within three business days of its signing and the buyer receiving a fully completed copy thereof. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys, including any initiation fee, paid under the contract.
2. If a health club facility temporarily closes for 30 days or less, the buyer shall receive an extension of the membership term equal to the period during which the facility is closed.
3. The buyer may cancel the contract if the health club facility closes for more than 30 days and the health club fails to provide a comparable facility within ten miles of the location designated in the health club contract. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.
4. The buyer may extend the membership term of the contract at no additional cost for a period of time equal to the duration of a disability where the buyer has a disability which precludes the buyer from using one-third or more of the health club facilities for a period of less than six months and the disability is verified by a physician.
5. The buyer or his legal representative may cancel the contract if the buyer dies or becomes permanently disabled. A permanent disability means a condition which precludes the buyer from using one-third or more of the facilities for six months or more and the condition is verified by a physician. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $50. In the case of permanent disability, the health club may require the buyer to submit to a physical examination by a physician agreeable to the buyer and the health club. The additional cost of the examination shall be borne by the health club.
6. The buyer may cancel the contract if the buyer moves more than 25 additional miles from the health club and is unable to transfer the contract to a comparable facility located within five miles of his new residence. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed as of the date of relocation by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $50.
7. To cancel a contract pursuant to paragraph (1), (3), (5) or (6), the buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested, or by personal delivery to the address specified in the health club contract; that all money to be refunded upon cancellation of the health club contract shall be paid within 40 days of receipt of the notice of cancellation; and that, if the buyer has executed a credit, lien or automatic funds transfer agreement with the health club to pay for health club services, any negotiable instrument or credit or lien agreement executed by the buyer shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation.
8. Until the health club has provided the buyer with a signed copy of a contract written in full compliance with the Health Club Act, the buyer may cancel the contract at any time.
9. The buyer may cancel the contract without penalty and receive a full refund, including any initiation fee, if the facility is not completed and operational by 1/01/2017. The buyer may cancel the contract without penalty and receive a full refund, including any initiation fee, within three business days after the facility opens or the buyer receives notice of its opening, whichever occurs later.
REQUEST FOR PREAUTHORIZED PAYMENT: I/We hereby request the privilege of paying to ASF Payment Solutions and further authorize the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed above. Subject to the following conditions:
1. The items shall be drawn on or about the date or dates of the Payment Schedule. The transactions on your bank statement will constitute receipts for payment on your account.
2. If the regular payments set forth on the Payment Schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment.
3. By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and are being upheld.
4. The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
5. If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule).
6. A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.
7. This preauthorization payment arrangement shall apply to the above Applicant(s).
(1) MEMBERSHIP PAYMENT AND TERMS
(1.1) Description of Services. This is a club membership agreement and not an optional services agreement, such as Personal Training, which is a separate agreement. This club membership agreement entitles Member to access the facility designated above during business hours. This club membership agreement provides Member access to cardiovascular, strength and conditioning machines. It also provides Member access to certain exercise classes if available at the facility and proper level of membership.
(1.2) Rules, Regulations and Schedules. Member agrees to abide by the rules, regulations and schedules of URGE Fitness, which may be posted at a facility or issued orally, and which may be amended from time to time at URGE Fitness’ sole discretion. Upon joining, Member and or Buyer must pay the appropriate initial charges. At the sole discretion of URGE Fitness, a Member’s membership may be revoked or suspended at any time if in the judgment of URGE Fitness: (a) Member consistently fails to observe the Rules and Regulations, (b) has otherwise behaved in a manner contrary to the best interests of URGE Fitness or any of URGE Fitness’ Members, (c) Member has instituted any type of legal action against URGE Fitness, including but not limited to civil actions, arbitrations and/or mediations, and/or (d) URGE Fitness has instituted any type of legal action including but not limited to civil actions, arbitrations and/or mediations against Member.
(1.3) Member’s Obligation. Member and/or Buyer shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of Member’s failure to use the URGE Fitness facilities. Dues are for the period stated in the Agreement.
(1.4) Initiation Fee. There may be a one-time initiation fee which Member and/or Buyer shall be required to pay upon execution of the agreement and acceptance of these Terms and Conditions with URGE Fitness or as otherwise agreed to by the Member. This fee will change from time to time at URGE Fitness’ discretion. This fee is nonrefundable. Resignation from URGE Fitness shall not terminate the obligation to pay the initiation fee in full. There will be no further initiation fee as long as the Membership has not terminated or expired.
(1.5) Monthly Dues, Annual Fee, and other Fees. Member or Buyer shall pay, in advance, monthly Membership dues as set forth in the agreement. URGE Fitness may increase the monthly Membership dues once per calendar year upon giving Members thirty (30) days prior notice, posted in a URGE Fitness facility and/or sent by mail to Member or Buyer. URGE Fitness may adjust any fees other than monthly dues at any time at its sole discretion.
(1.6) Prepaid Membership Renewal Amount. If the Member has a prepaid Membership, then URGE FITNESS will not increase the Initial Annual Renewal amount on page 1 of this agreement, but may increase all subsequent annual renewal amounts. URGE FITNESS will send notice to the Member or Buyer of the new annual renewal amount each year thereafter prior to the end of the then current term.
(1.7) 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. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN THREE DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ASF Payment Solutions 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 $20.00 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.
(1.8) Limited Memberships. Memberships may be limited so that Members may have reasonable access to URGE Fitness’ facilities. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment; or that Members may not always be able to attend preferred exercise classes. The availability of classes and equipment are subject to demand and are available on a first-come first-served basis.
(1.9) Unpaid Balances. All balances owed by Member and or Buyer that are 30, 60 and 90 days in arrears are subject to monthly service charges per month in arrears. These fees may be adjusted from time to time. Any unpaid balances for membership fees, goods or services may result in suspension of membership privileges. Members and/or Buyer shall be obligated to pay any cost incurred by URGE Fitness for collection. The renewal fee for paid in full annual memberships must be paid by 12:00 midnight 30 days after the expiration of the annual membership or Member’s privilege to use URGE Fitness’ facilities may be suspended and a new initiation fee will be required.
(1.10) Membership Term. The period covered by the first month’s dues, as well as any additional days of Membership for which payment is received by URGE Fitness, are the “Paid Period” for the Dues Membership. The “Paid Period” is the term of this Membership Agreement.
(1.11) Additional Cancelation Terms.
(1.11.1) Excluding the 3 business day provision to cancel on the front of the agreement, you may terminate your Membership Agreement if you are out of term by providing at least 60days (60) days notice prior to the next bill date to URGE Fitness delivered (a) by U.S. certified mail to URGE Fitness FAIRLESS HILLS at 495B S Oxford Valley Rd. Fairless Hills, PA 19030 or (b) by hand to the manager at your URGE fitness facility. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. URGE Fitness shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than sixty (60) days after the termination notice is received by URGE Fitness. If the termination cannot be processed prior to the scheduled date of the charge or transfer, URGE Fitness shall refund the debited amount.. Your account must be current and in good standing for any cancellation to occur.
(1.11.2) Death or Disability. If, by reason of death or disability, you are unable to receive all of the services for which you contracted under this Agreement, you and your estate shall be relieved from the obligation of making payment for services other than those received prior to your death or the onset of your disability. If you prepaid any sum for services, so much of the sum as allocable to services not taken prior to your death or disability shall be promptly refunded to you or your representative. For purposes of this provision “disability” means a condition, which precludes you from physically using the facilities. A physician must confirm your disability in writing. Member may cancel his or her contract and URGE Fitness is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use by Members. This amount shall be computed by dividing the months expired under the membership term. Member or Member’s estate must provide reasonable evidence of disability or death. For cancellations within 3 days, death or disability, or relocation, cancellation is effective on the date notice is received by the health club.
(1.11.3) Close of Facility and/or Move. Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the URGE Fitness facility at which the Agreement in entered into ceases operation and fails to offer an alternate location, substantially similar, within ten (10) miles
(1.11.4) New Facility. You may cancel the contract and receive a pro rata refund if the health club fails to provide the specific facilities advertised or offered in writing by the time indicated. Performance of the agreed upon services will begin within six months after the date of this Agreement.
(1.11.5) Opening of Club. If the facility first identified above has not opened as of the date of this Agreement, Member and /or Buyer may cancel this Membership Agreement immediately. To cancel this Membership Agreement, mail or deliver a signed and dated notice stating that Member and/or Obligor, as applicable, is canceling this Membership Agreement, or words of similar effect. Such notice shall be sent to URGE Fitness at 495B S Oxford Valley Rd., Fairless Hills, PA 19030 or delivered to the URGE FITNESS facility. Member or Obligor, as applicable, is entitled to receive a refund within fifteen (15) days of receipt of the notice of cancellation.
(1.11.6) Relocation. Member may cancel this Agreement if they can provide proof that Member is permanently moving more than twenty five (25) miles away from any URGE Fitness facility. Proof such as utility bill, lease agreement, driver’s license, military orders or any other document that could validate such proof will be accepted. Should you move further than 25 miles from the club and be unable to transfer this membership to a comparable facility, you shall be relieved from your obligation of making payment for services other than those received prior to your move, and if you prepaid any sum for services other than those received prior to your move, so much of such sum as is allocable to services you have not received shall be promptly refunded.
(1.11.7) Written Requests. Memberships cannot be cancelled by phone or verbal conversation. Cancellation requests will only be honored if sent in writing or filled out at a URGE Fitness facility. Cancellation is effective once an employee has received the cancellation notice and the proper prove.
(1.11.9) Cancellation of Monthly Membership. If you have a monthly payment membership (out of contract), you may terminate this Membership Agreement by providing at least Sixty (60) days notice prior to the next bill date to URGE FITNESS delivered (a) by U.S. mail to URGE FITNESS at 495B S Oxford Valley Rd, Fairless Hills, PA 19030 or (b) by hand to the manager at your URGE Fitness facility. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. URGE Fitness shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than Sixty (60) days after the termination notice is received by URGE Fitness. If the termination cannot be processed prior to the scheduled date of the charge or transfer, URGE Fitness shall refund the debited amount.
(1.11.10) Cancellation of Prepaid Membership. If you have a Prepaid Membership, you may not terminate it during the Paid Period (or receive a refund), unless specifically stated above. If you do not renew your Prepaid Membership by the renewal date, your Prepaid Membership automatically expires.
(1.12) Refunds. Refunds, if applicable, shall be made within fifteen (15) days of receipt of notice of cancellation.
(1.13) Change of Membership Type. Any membership can be changed by buying a new membership at the standard price and cancelling the previous membership if you are out of contract.
(1.14) Freeze Policy. (a) Medical. If Member is medically unable to use the URGE Fitness facilities, Member may request a freeze of his or her membership in monthly increments for a minimum of 1 month and a maximum of 3 months per year. Members must provide a doctor’s note at the time of requesting a freeze. URGE Fitness reserves the right to verify the note with the doctor and Member agrees to waive any Doctor/ Patient privilege and execute any release required by such doctor solely with regards to the medical reasons stated in the doctor’s note for the medical freeze. (b) Non-medical, if a Member desires to freeze his or her account for a non-medical reason, Member should consult with Member’s URGE Fitness facility and if in term there will be a $10 freeze fee. URGE Fitness reserves the right to adjust this freeze policy from time to time at is sole discretion. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the CLUB, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term. Freezes do not apply for any Personal Training agreements. Sessions will be banked and ready to use when membership resumes. All requests must be received at least fourteen (14) days prior to Member’s next billing date period. Retroactive freezes will not be accepted. Certain fees may apply to any freeze of a Member’s membership.
(1.15) Buyer’s Indemnity. Buyer assumes full responsibility for any person who becomes a Member under the Agreement and these Terms and Conditions and shall indemnify URGE Fitness, its affiliates, agents and employees against any and all liability incurred by such Member during his or her use of any and all URGE Fitness facilities. Buyer also assumes full responsibility for any purchases placed on buyer’s account including but limited to personal training, vending/juice bar items.
(2) MEMBER RISK.
To the fullest extent permissible by applicable law, Member and Member’s guests shall hold URGE Fitness harmless from any loss, theft, cost, claim, injury, damage or liability (“Damages’) incurred as a result of the use of an URGE Fitness facility and any other membership activities, except such Damages which result from the negligence of URGE Fitness, its affiliates, agents or employees.
(2.1) Member’s Health Warranty. Member and Buyer represent that Member is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of an URGE Fitness facility and shall indemnify URGE Fitness, its affiliates, agents and employees, against any and all Damages arising out of Member’s use of the facilities except as otherwise set forth in these Terms and Conditions or to the extent permissible by applicable law. Physical examinations by Member’s physician are recommended for members before commencing any exercise program, and especially for Members who are at risk, including but not limited to elderly or pregnant Members, or Members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or members who have a history of heart disease.
(2.2) Medical Disclaimer. Member has been informed and acknowledges that URGE Fitness has made no claims as to medical results that can or may be obtained through use of any URGE Fitness facility. URGE Fitness has neither suggested nor will it suggest any medical treatment to Members. Only licensed medical professionals are qualified to give medical advice. Member represents that there is no medical or physical conditions that would preclude the use of URGE Fitness’ facilities and each Member further represents that he or she has not been instructed by any physician not to use an URGE Fitness facility or any similar facility.
(2.3) Orientation. Member is strongly encouraged to take advantage of the complimentary initial orientation and ongoing support available to ensure the proper safe and use of all equipment.
(2.4) Activity Risk. Any strenuous athletic or physical activity involves certain risks. Member and Member’s guests assume the risk of any all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities and release, hold URGE fitness harmless, discharge and absolve URGE Fitness, its agents and employees to the fullest extent permissible by applicable law from any and all Damages or responsibility except if such accident or injury is the result of negligence of URGE FITNESS, its affiliates, agents or employees.
(2.5) Loss of Property. Members and Member’s guests are urged not to bring valuables onto the premises of a URGE Fitness’ facility. URGE Fitness shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities or jewelry of Member or Member’s guests.
(3) GENERAL PROVISIONS
(3.1) Members and Guests Rules. Members and Member’s guests shall abide by URGE Fitness’ rules and regulations and any amendments and/or modifications thereto which may be made from time to time by URGE Fitness at URGE Fitness’ sole discretion.
(3.2) Proof of Membership. Member shall receive one membership card (included with Member’s membership) (the “Membership Card”) from URGE Fitness and must present it to the reception desk personnel each time Member enters an URGE Fitness facility. Lost membership cards will be replaced for a fee of five dollars ($5), which may be adjusted from time to time. The card must be replaced if lost. Member is required to notify URGE Fitness immediately of the loss of his or her Membership Card, and the Membership Card must be replaced by Member. Membership privileges are limited to the person in whose name the membership is issued. Improper use of the membership will result in confiscation of the Membership Card and can result in immediate cancellation of Member’s membership. A Member wishing to use URGE Fitness’ facilities without his or her Membership Card will be required to provide proof of identity. (e.g. valid driver’s license, etc.)
(3.3) Day Lockers. Lockers may be provided solely for the benefit and convenience of URGE Fitness members. URGE Fitness will remove any articles left in a locker overnight. Member must provide his or her own lock and should not leave any valuables in his or her locker.
(3.4) Pets. Pets (not including service animals) and bicycles are not permitted in or around an URGE Fitness
(3.5) Dress Code. Proper athletic attire is required. URGE Fitness reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
(3.6) Protective Eyewear for tanning beds is required at all times. Tanning minimum age for access of the tanning beds is 18 years of age. Minors that are 17 years old may only tan with a parent or guardians written consent.
(3.7) Independent Contractors. From time to time, URGE Fitness may make the services of independent contractors available to Member or Member’s guests. URGE Fitness does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Member or Member’s guests for a period of time.
(3.8) Member Guests. Member’s guests are permitted in URGE Fitness, but only pursuant to such rules, regulations, fees, and schedules for guests as then may be in effect. URGE Fitness reserves the right to limit the number of times any one guest can use a URGE Fitness facility and reserves the right to exclude any Member’s guests whose use of the facility, in the sole opinion of URGE Fitness, would be detrimental to URGE Fitness or any of its members. All Members’ guests must register at the front desk with valid identification.
(3.9) Reciprocity and Use Privileges. Premium level and ELITE, memberships allow access to other designated URGE Fitness clubs.
(3.10) Spotting. URGE Fitness recommends to all Members and to all Member’s guests, spotting by another member or URGE Fitness trainer when using any free weights.
(3.11) Change in Membership Information. Member must promptly notify URGE FITNESS in writing of any changes in his or her billing information, address or telephone number. Notwithstanding anything else contained herein, all communications from URGE Fitness to Member shall be presumed to have been received by Member within five (5) business days after mailing or email to Member’s address on file with URGE Fitness at the time of the mailing.
(3.12) Change in Facilities and Operating Hours. As a result of repair, maintenance or special occasions, URGE Fitness may be required to restrict the use or temporarily close one or more URGE Fitness facilities or halt an URGE Fitness activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. URGE Fitness’ hours of operation may be modified from time to time without prior notice to Member. URGE Fitness reserves the right to change the facility from time to time, to eliminate some facilities and services, to add others, to add, modify and/or eliminate programs, activities, classes or equipment at URGE Fitness” sole discretion.
(3.13) Special Events. URGE Fitness may from time to time reserve the use of its facilities for special events, competitions and private functions.
(3.14) Closing of a URGE Fitness Facility. It is anticipated that a part of the facility or the entire facility will be temporarily unavailable from time to time while repairs or renovations take place. Management will make every effort to minimize any disruption to members during these periods, and if possible, to schedule any work during off-hours or summer months. The facility may be closed for holidays, and may be closed periodically for renovations. URGE Fitness may also offer members the use of other conveniently located URGE facilities during the period of unavailability.
(3.15) Interruption of Services. In case of a long term interruption of service (e.g. fire), URGE Fitness reserves the right to: (a) freeze memberships and add the lost time once service resumes; (b) transfer the member to another similar facility within a ten-mile radius. In the event that an act of God (hurricane, earthquake, national emergency, etc.) causes more than a temporary closing of this facility, Member’s obligations under the Agreement and these Terms and Conditions will be suspended until such time as use of the facility can be resumed. Obligation for contractual dues will otherwise not be affected unless this facility cannot reopen within one year of the interruption of service.
(3.16) Non-Discrimination URGE Fitness represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin, sexual orientation, or ancestry in considering applications for memberships. The minimum age for membership is eighteen (18), unless parental permission and URGE Fitness’ consent is given and approved by URGE Fitness at URGE Fitness” sole discretion.
(3.17) Children’s Use. All children 13 and 14 years old must be accompanied by a parent or legal guardian. All children ages 15 to 18 years old need parental consent to work out in the facility. Some children’s programs require fees to be paid in advance. URGE Fitness reserves the right to discontinue use by any child who is unsupervised, or whose behavior is offensive or disruptive.
(3.18) Group Exercise Policies. Each class is limited to a set number of participants. Members should not enter a class late without the instructor’s consent. No one will be admitted ten (10) minutes after the scheduled class time. If Member is just starting a group fitness program or has an injury, prenatal conditions or problem that may prevent full participation, please discuss this with the group fitness instructor at least five (5) minutes before class. Proper clothing and footwear must be worn in all group fitness classes. URGE FITNESS reserves the right to change the group fitness schedule at any time including the addition or deletion of classes, as well as changes in instructors, class times and length of classes. URGE Fitness reserves the right to change group fitness policies when necessary and require advanced reservations for heavily attended classes. Reservations may be released within five (5) minutes prior to the scheduled class time and Member may enter on a walk in basis provided there are openings in the class. Member’s attending a class shall, in addition to the Terms and Conditions, follow any rules promulgated by such class’ instructors.
(3.19) Personal Training. In addition to these Terms and Conditions, any and all personal training provided by URGE FITNESS shall be pursuant to any additional terms and conditions set forth in a separate personal training contract entered into by a Member and URGE FITNESS. Use of personal trainers not approved by URGE FITNESS is prohibited at all URGE FITNESS facilities. Member may not train other members or guests, conduct business activity or solicit any business at any URGE FITNESS facility. Any violation of this policy may result in legal action as well as forfeiture of any remuneration received by a Member or guest for such services.
(3.20) Changing the Rules and Regulations. URGE Fitness may at is sole discretion change these Terms and Conditions at any time.
(3.21) Entire Agreement. The Agreement, these Terms and Conditions, and all rules and regulations of URGE Fitness, as revised from time to time, constitute the entire an exclusive agreement between URGE Fitness and Member, and supersedes all prior promises, representations, understandings and/or agreements relating to this membership purchase. The Agreement may be modified only by an instrument in writing; however, URGE Fitness or any assignee of the Agreement is authorized to correct patent errors in the Agreement (and in other related documents) and Member and/or Buyer may verbally authorize payment of the outstanding balance of the membership fee by the automatic payment plan. URGE Fitness may void the Agreement if it is not completed by a URGE Fitness employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by Member. No written alterations or amendments to the Agreement and/ or these Terms and Conditions shall be valid and URGE Fitness employees are not authorized to make any changes written and/or verbal, additions or modifications to this Agreement. If you have any questions regarding this Agreement or these Terms and Conditions please contact URGE Fitness at 41 S Oxford Valley Rd., Fairless Hills, PA 19030 or email URGE Fitness at info@www.urgefitness.com
(3.22) Governing Law. This Membership Agreement shall be interpreted under the laws of the State of New Jersey. Any litigation under this Membership Agreement shall be resolved in the courts of the State of New Jersey.
(3.23) Parking. URGE Fitness is not responsible for member’s car or items within the car. Members are responsible for all expenses related to violations, theft, or parking tickets.
Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that URGE Fitness and ASF Payment Solutions., including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to URGE Fitness and/or ASF Payment Solutions.