Conditions of Membership for Club Barbell

 

General:

 

In these Terms and Conditions [and in The Rules] “ Club Barbell” means Club Barbell LLC; “Member” means the member named on the attached Membership Agreement Form; “Contract” means the contract between Club Barbell and the Member subject to the terms and conditions (a) set out below, (b) on the Membership Application Form and (c) in the Rules; “Membership Application Form” means the application form completed by the Member to join the Club; and “Rules” means the Rules of membership set

out in the Club Barbell Rules of Membership.

 

Acknowledgment of Risks, Injury & Obligations: As a (prospective) Member, I acknowledge that the activity I am to undertake Club Barbell will expose me to certain risks. I acknowledge and understand that whilst participating in such activity; • I may be injured, physically or mentally, or may die • Any physical conditions I may have, could be exacerbated or intensified by my participation in the activity • My personal property may be lost or damaged • Other persons participating in such activity may cause me injury or may damage my property • I may cause injury to other persons or damage their property • The conditions in which the activity is conducted may vary without warning • I may be injured or die or suffer damage to my property as a result of the negligence or breach of contract of Club Barbell• There may be no or inadequate facilities for treatment or transport of me if I am injured • I assume the full risk of and full responsibility for any injury, death or property damage resulting from my participation in the activity including, without limitation, any of the above situations.

 

Release and Indemnity:

As a (prospective) member, I participate in the activity at my sole risk and responsibility. I release, indemnify and hold harmless Club Barbell, its servants and agents, from and against all and any actions or claims which may be made by me or on my behalf or by other parties for or in respect of or in any way related to any injury, loss, damage or death caused to me or my property whether by negligence, breach of contract or in any way whatsoever. I acknowledge and agree that any vehicles, and their contents, parked in the Club Barbell parking lot are left at the owners risk and that Club Barbell will accept no liability for loss, damage or theft. It is my responsibility to ensure that I correctly operate or use any facilities and/or equipment provided by Club Barbell, including the adjustment of levels or settings on the equipment. It is my duty to consult a member of staff before use if I am in any doubt as to how to correctly operate any equipment.

 

Administration:

An enrollment fee of $59.00 is to be paid upon registration. A gym improvement fee of $25 will be paid annually.  All members who join from January 1 through June 30th will be billed the annual fee on July 15th. For all members who enroll between July 1st and December 31st, their annual billing will occur on January 15th. Memberships are not refundable or transferable.  

Members are responsible for their access card. Shared gym access with a non-member will result in forfeiture of membership effective immediately. Each Member must respect other gym users and behave in an appropriate manner at all times. Inappropriate behavior at the Gym includes, any illegal, dangerous or offensive acts or the taking of photographs without Club Barbell permission. This behavior can result in the Member being asked to leave the Gym immediately and membership being terminated. Club Barbell staff reserve the right to rescind the rights of Members not complying with the terms and conditions of the membership. The terms and conditions of Club Barbell may change from time to time without notice. No one under the age of sixteen (16) may enter the training area of the gym. Appropriate covered footwear and a shirt must be worn at all times and equipment must be wiped down with provided sanitizing wipes after use. All weights and equipment must be put back after use.

Direct Debit Payment:

All Members shall pay an initial enrollment fee and access card fee in the sums specified within this document, before being issued with a membership card. The enrollment fee and card fee are not refundable under any circumstances. Membership is payable in advance annually or monthly. In the event that the Member falls into arrears in respect of any fees or dues payable, Club Barbell may levy a late payment fee of $25.00. Membership dues for monthly members may be increased at the discretion of and at anytime by Club Barbell, subject to at least one calendar months’ notice. Where the monthly payment method is by direct debit, if any payment whatsoever under this Contract remains outstanding beyond the due date, the Member’s signature on the direct debit instruction form shall constitute the Member’s unconditional and irrevocable authority for Club Barbell to debit the nominated credit/debit card account with the total amount due, without notice to the Member and charge the late payment fee. Where the payment method is not by direct debit a deposit equivalent to one month’s membership fee must be paid. All those members who cancel their direct debit with their bank will incur a $100 cancellation of direct debit fee.

Late Payment:

You acknowledge that this offer of membership is made on the basis of you strictly complying with the terms of this agreement. This includes paying the regular payments on the dates on which they are due, as detailed in this agreement. Should payment not be made within three days following the due date, a late payment fee of $25.00 in addition to the unpaid (or late payment) installment is payable by you to Club Barbell. In addition to the late payment fee, you agree to pay interest at the rate of 2% per month [24% pa] on all outstanding money, together with all costs of collection both prior to and post legal action, incurred by Club Barbell, (including collection agency costs, court costs, and solicitors fees) regardless of judgment, all of which may be paid or incurred by Club Barbell or its nominee.

Suspensions:

A Member may suspend their membership. A membership can be suspended for a minimum term of one month and maximum term of 12 months. A suspension fee of $5.00 is payable upon suspension. A Member must specify a start and finish date. Early reactivation is permissible. To suspend a membership, the Member must notify Club Barbell, in writing, ten (10) business days prior to the commencement of their suspension.

Access Cards:

An access card fee of $29.00 must be paid upfront when applying for membership. All Members must bring their access card on each visit to Club Barbell. All Members must register their attendance by swiping their access card at the door.

Members can obtain a replacement card if an access card is lost or stolen at a cost of $29.00. If an access card is faulty a replacement card will be issued at no cost to the Member, only upon return of the original faulty card. All Members are responsible for their own cards. If a card is lost or stolen, Members must contact Club Barbell immediately to cancel their card, as Members will be held accountable for any unlawful activity that is committed by someone else using their access card. Access card fees are non-refundable.

Cancellation of Membership:

You agree that you will join Club Barbell for the specified period as stated on the Membership Application Form.  A cancellation fee equal to the unpaid portion of your contract is due at the time of cancellation.  Club Barbell reserves the right to waive the cancellation fee. If you wish to cancel your membership you must give Club Barbell thirty (30) days written notice of your intention to cancel your membership. Club Barbell reserves the right to terminate a membership immediately, if the Member has breached any terms of this agreement, by giving notice in writing or by verbal notice in person.

Panic Button:

All members who inappropriately use the panic buttons resulting in the call fee being charged to Club Barbell will be charged accordingly.

Member’s right to cancel:

 

(1)NOTICE TO PURCHASER:  DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.

 

(2)IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS GYM, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE GYM BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:

    1420 Pacific Place Ste D, Ferndale, WA 98226

 

(3)IF THE GYM GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE GYM MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE GYM STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:

    1420 Pacific Place Ste D, Ferndale, WA 98226

 

(4)IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE GYM STATING YOUR DESIRE TO CANCEL THIS CONTRACT.  THE GYM MAY REQUIRE PROOF OF DISABILITY OR DEATH.  THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:

    1420 Pacific Place Ste D, Ferndale, WA 98226