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GENERAL RULES

These terms and conditions apply from the date on which membership commences:

CHECK IN: Members must present their membership card each time they enter the club. Membership cards are for personal use of the member and are not to be loaned or given to other persons. Loss or damage of membership cards is to be reported immediately. If card is lost, a $15 replacement fee will be charged. All children 16 years and younger must be accompanied by their parent AT ALL TIMES within the club unless in another club-sponsored, supervised activity. Some children's programs require fees to be paid in advance. Elite Body has the right to discontinue usage by any child whose behavior is offensive to any other member or who is unsupervised.

CHARTER MEMBERSHIPS: Elite Body is offering charter accounts to a designated number of members of our Great Neck Club. The charter rate is set permanently, with no yearly increases. Thereafter, Elite Body will increase its rates for general membership to our Training Center. If at any point Elite Body chooses to cap or limit general membership, Charter Members will enjoy full use of the facility in off peak and peak hours, with no limitations. In addition to receiving low membership rates, and full access to the club, Charter Members get various discounts on Elite Body services (personal training, nutrition, seminars), merchandise, and products. Please see your sales associate for details. Charter Membership rates and benefits cannot be transferred to another person.

MONTHLY MEMBERSHIP: Membership at Elite Body can be cancelled at any time with: (1) 45 days written notice by certified or registered mail to the Elite Body Advanced Training Center you joined. OR (2) Membership can be cancelled in person with a manager. Monthly dues will continue automatically until the member cancels it. Memberships cannot be cancelled by phone or email.

PERSONAL TRAINING: One on One, Semi Private, and Group Sessions, are nonrefundable. Appointment cancellations must be done within 24 hours of the scheduled meeting time or the session will be charged to your account. As a policy, Elite Body does not guarantee that you will work with the same trainer. Before working with Elite Body, it is suggested that you check your health status with your physician. Our analysis and fitness testing should never be considered a substitution for a diagnosis from a doctor. Use of non-Elite Body Personal Trainers in the Club is prohibited, and may result in cancellation of your membership. Members of the facility may not personal train other members. All one-on-one training packages expire six months after purchase date.

CANCELLATION TERMS: Monthly Membership is cancelled under the guidelines listed in MONTHLY MEMBERSHIP. Paid In Full Memberships are nonrefundable, except as outlined in RIGHTS TO CANCELLATION, below. As an option to cancellation, a membership may be transferred to a friend. Please see your sales advisor. It is our policy that Elite Body will not refund one-on-one sessions paid in advance, except as outlined in RIGHTS TO CANCELLATION, below.

CONSUMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE(3) DAYS FROM THE AGREEMENT DATE; Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified in such form. Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within fifteen days.

>>ADDITIONAL RIGHTS TO CANCELLATION: You may also cancel this contract for any of the following reasons:
a) If upon a doctor's order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.

b) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

c) If you move your residence more than twenty-five miles from any health club operated by seller (must provide satisfactory proof of new residence).

d) If the services of the Club cease to be offered as stated in the contract. All monies, except initiation fee, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of health club services, such negotiable instrument executed by the buyer shall also be returned within fifteen days. Promotional Months: Member agrees that if Member received any free months as an inducement to enter into this Agreement or as a result of referring new members, such free months shall not be considered in computing the amount of any refund to which Member shall be entitled.

* 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/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naive or abusive exercise. Member assumes full responsibility for his or her use of the facility and shall indemnify Elite Body Fitness and Wellness International LLC the owner of the club location the member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.

* RULES, REGULATIONS, AND SCHEDULES: Member agrees to abide by all the membership rules, regulations and schedules of the Club, which may be posted at the Club or issued orally, and which may be amended from time to time, at Management's sole discretion.

* INDEPENDENT CONTRACTORS: From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.

* GUESTS: Member's guests are permitted in the club, but only pursuant to such rules, regulations, fees, schedules for such guest as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the Club, would be detrimental to the Club or its members. Guests must sign in at the front desk.
* TRANSFER OF MEMBERSHIP: Membership may be transferred, with consent of management, providing that the member terminating is current, fully paid-up and has no fees due to the Club. A transfer fee will be charged. Charter Membership rates and benefits are nontransferable.

* ENTIRE AGREEMENT: This contract constitutes the entire and exclusive agreement between the parties and supercedes any oral or written understanding. This contract only may be modified in a writing executed by a duly authorized representative of Elite Body. Employees are not authorized to make any independent agreement with any member.

* UNPAID BALANCES: : If any check or credit card charge payable to Elite Body is not honored, Management will: (a) assess a $25 charge for each check and credit card rejected to reimburse Elite Body for the costs of collection, and (b) collect the current and past-due balance in any subsequent month. All balances in arrears of 30 days are subject to a monthly service charge. Any unpaid balance for membership fees, goods or services past 30 days may result in automatic suspension of club privileges. Buyer is obligated to pay any collection and/or legal costs incurred by Management for collection. Annual dues must be paid by 12:00 midnight on the anniversary date or club privileges will be suspended and a new Initiation Fee will be required. Elite Body reserves the right to charge overdue balances to their current account under the Electronic Funds Transfer Authorization. No deduction from any payments shall be made because of Member's failure to use the Club's facilities. (Member dues are for the period of membership and are no way related to actual usage of the Club.)

* LOCKERS, VALUABLES AND PERSONAL PROPERTY: Members are urged to avoid bringing valuables onto club premises. Elite Body shall not be liable for the loss or theft of, or damage to, the personal property of member or guests, including items left on the coat rack. Lockers are provided solely for the benefit and convenience of members. Management will remove any articles left in a locker overnight. Members must provide the lock.

* MEMBERSHIP FREEZE POLICY: members may suspend their membership for no charge if they are medically unable to make use of the club and have a doctor's written notice. However, the Club must be notified in person or by certified mail at least 15 days before the next billing cycle. Any member not able to use the Club for any other reason may freeze membership by paying a membership maintenance fee of $10.00 per month. You must promptly notify the club in person or by certified mail at least 15 days before the next billing cycle. In order to freeze membership, for any reason, you must come in and fill out a freeze form or send it certified or registered mail to Elite Body. It may only be done once a year for a minimum of 1 month and maximum of 3 months. This provision does not affect any right to refund and/or cancellation as specified herein. Months that are frozen shall be added at the end of the 12-month paid in full period by extension of the expiration date.

* DRESS CODE: Proper athletic attire is required. No street clothes or dress shoes permitted in fitness area.

* ATMOSPHERE AND FACILITY AVAILABILITY: Food is not allowed in the exercise areas. The preserve a comfortable atmosphere for all club members, we ask that you refrain from using your cell phones on the gym floor. Elite Body, reserves the right to alter the layout of its facilities, add services, or remove any services and facilities at any time. Elite Body reserves the right to be closed on certain holidays and staff development days throughout the year, at its sole discretion. Elite Body may also reserve its space for special club events and seminars throughout the year.

 

 









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222 Middle Neck Road Great Neck, NY 11021 | ph: 516.466.5937 fx: 516.466.5939
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