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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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