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MEMBERSHIP PRIVILEGES, NOTICES, DISCLOSURES, WAIVERS & AGREEMENTS

MEMBERSHIP TYPE: MTM (Month to Month)    PIF (Paid in full)

All memberships allow 24/7 access and privileges to our facilities.

Single - MTM payments (1 year commitment) Early termination fee of $50. See cancellation section within this agreement.

Single – MTM payments (no commitment)

Single – 1 year paid in full

Family – MTM Payments (1 year commitment) Early termination fee of $50. See cancellation section within this agreement.

At the end of the 1 year commitment the membership will continue month-to-month at the same price and benefits until the member cancels.  The member can cancel any time after the 1 year commitment without any penalty of fee.  If the member needs to cancel before the 1 year commitment then a $50 early termination fee is due before the contract can be cancelled.

DEFAULT: You are in default of this Agreement if: (a) You or any member covered by this Agreement fails to obey any present or future Club rule or regulation, or (b) We do not receive an installment payment on or before the date it is due, or (c) You make any material statement in connection with this Agreement which is false or incorrect or (d) Insolvency actions are begun by or against you. (Insolvency includes situations where you are unable to pay all your debts when due.)

OUR RIGHTS UPON DEFAULT: In the event you default on this Agreement, we may suspend or revoke your membership privileges. If you default, we may demand immediate payment of the entire amount you owe.

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 five 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 five 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, 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 EFT are subject to $5.00 per month processing fee if EFT payment is stopped or changed to statement billing. This will not affect any other provisions of this agreement.

Month to Month (No Contract): The member will pay monthly membership dues at the regular rate for the current and following months until such time they elect to cancel the agreement. Cancellation is subject to proper compliance with the cancellation policies as indicated in this agreement. Month to month agreements may be cancelled at any time provided a 30-day written notice is delivered to Greenville Athletic Club, 125 North Main Street, Greenville, KY 42345.

TEXT (SMS) MESSAGES: By signing below, Member gives express written consent to Greenville Athletic Club and its service providers to contact member on the cell phone providers to contact member on the cell phone provided via text messages (SMS) without prior notification for purposes of advertising, promotions, issues or services and deals being offered.

Additional terms and conditions, including rules and regulations of membership oriented on the reverse side of this agreement are a part of this agreement. They bind you in the same way as if they were printed on the front of this contract.

NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES.

IF WITHIN THREE (3) BUSINESS DAYS YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS AGREEMENT BY MAILING A NOTICE TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING YOUR PURCHASE OF THE CONTRACT STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE SHOULD BE MAILED TO THE FOLLOWING ADDRESS: GREENVILLE ATHLETIC CLUB, 125 NORTH MAIN STREET, GREENVILLE, KY 42345.

ADDITIONAL CANCELLATION RIGHTS: You may also cancel this contract if any of the following occur:

1.     You may cancel if, because of death or medical disability, you become unable to use a substantial portion of the spa’s facilities or services for thirty (30) or more days. In the event of medical disability, you must provide the spa with a doctor’s statement. In addition, the spa may require you to submit to a physical examination by a mutually agreeable medical doctor, at its cost. Your estate may cancel in the event of your death.

2.     You may cancel if the spa relocates more than five (5) miles from the location stated in the contract.

3.     You may cancel if you relocate more than twenty-five (25) miles from your residence as stated in the contract, and the spa cannot provide comparable facilities and services within five (5) miles of your new residence. The spa may require written verification of your new residence, such as a lease, deed or utility bill.

IN ORDER TO EXERCISE THESE ADDITIONAL CANCELLATION RIGHTS, YOU MUST NOTIFY THE SPA IN WRITING, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTIED, OR BY PERSONAL DELIVERY, TO THE ADDRESS STATED ABOVE. ALL MONEYS TO BE REFUNDED SHALL BE PAID TO YOU WITHIN THIRTY (30) DAYS AFTER THE SPA’S RECEIPT OF THE CANCELLATION NOTICE.

DEFINITION OF PARTIES: The words “us”, “we”, “our”, “club” and/or “health spa” refer to the Seller or its assignee.

APPLICABLE LAW: Kentucky State Law governs this Agreement.

SERVICES: We agree to provide you with use of our facilities and all equipment and amenities which are available to you under the terms of your particular membership. We reserve the right to add or delete services and amenities as reasonably warranted. Membership dues and payments are non-refundable. Subject to applicable law.

SIGNERS OF AGREEMENT: If there is more than one of you signing this Agreement, each of you is individually responsible to fully perform all obligations under this Agreement. It is your responsibility to know whether this Agreement is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings.

ATTORNEY’S FEES AND COURT COST: If this agreement is given to an attorney  for collection who is not a salaried employee of ours, you shall pay reasonable attorney’s fees (15% if not prohibited by law) and court costs allowed by law.

RULES AND REGULATIONS: By signing this Contract, you acknowledge receipt of a copy of Rules & Regulations governing the conduct of members and guests, and you agree to follow them. We may suspend or revoke your membership in the event that you fail to obey the Rules and Regulations. We reserve the right to amend the Rules and Regulations as reasonably warranted. Member agrees and understands use of the membership, club facilities and services are for their exclusive use only.

CHECKING-IN: All members upon entering the Club are required to check-in at the front desk during staffed and non-staffed hours. Members may be required to furnish other suitable identification as requested by Club personnel in order to gain entrance.

GUEST PRIVILEGES: During non-staffed hours, club members may allow non-club members (guests) entry into the facility, provided that the guest(s) immediately purchase a membership or day pass.  Club members allowing non-club members entry into the facility without them immediately purchasing a membership or day pass will be billed a day pass on the club member’s account. The club member’s door access will then be suspended and they will not be allowed access to the facility during non-staffed hours.

 COMPLIANCE OF RULES AND CONDUCT OF MEMBER: Member agrees to be subject to the control and guidance of the Club staff while on the premises and will follow instruction of Club personnel. Member agrees to conduct him/herself in a respectful, and well-mannered fashion while on the premises and reserve all criticism of any major kind about other Club members, guests, or Club personnel until in a private office with the club manager. Member agrees to obey all rules and conditions of membership contained in this agreement and future rules and conditions prescribed by the Club. The Club reserves the right to revoke or terminate the membership if the member fails to keep and obey any such rules and conditions.

WAIVER AND RELEASE: Buyer acknowledges that the Club will not be staffed during all operating hours. In the event you experience a health emergency during those hours we may not be able to render immediate assistance to you.  We recommend that you attend with another member during those hours for your safety.

WARRANTIES: Member agrees that no warranties, representations, agreements of merchantability, fitness for a particular purpose or otherwise expressed or implied were made to member except for those written herein or in writing, signed by an officer of the corporation owning the Club.

VALUABLES AND PERSONAL PROPERTY: We urge you not to bring valuables into the Club and are not responsible for any personal items, keys, or other items in the Club that are not in a locker secured with a lock provided by you. You agree the Club is not responsible for or liable for the lost, damaged, or stolen personal property or articles of clothing of any members or guests. Lockers can be used by members during their workout in the Club secured with a lock however must be removed upon leaving the club. We reserve the right to cut off locks and take possession of any belongings in this locker if left overnight and are not responsible for damage or loss of any such property.

SAFETY FIRST REGULATIONS: Members will not start a machine or other device or equipment until in position and will follow all safety rules for this machinery. If a member is unsure of how to properly use the equipment, member will get direction during staffed hours to properly use the equipment both during and after staffed hours.

MINORS AGE REQUIREMENT: No minors under the age of 12 will be allowed to use the equipment. Minors between the ages of 12 and 15 that are paid members must be accompanied at all times by another member of the club that is 18 or older. Minors 16-17 that are paid members can work out in the club without an adult present only if all waivers have been signed by their parent/guardian.

RESTRICTIONS ON MEMBERSHIP: We reserve the right to revoke or deny the membership of any member or guest whose access to our use of our facilities, in our judgement, creates a danger or health or safety hazard to you or our other members, guests, or employees.

RESTRICTIONS ON CANCELATION: If you fail to use your membership and do not use our programs and facilities you are not relieved of your payment obligation regardless of the circumstances, except as provided for in this Agreement.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER ACTIVITIES (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge Greenville Athletic Club, 125 N Main St, Greenville, KY 42345, their affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE IS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Greenville Athletic Club to provide all emergency medical care deemed necessary, including but not limited to , first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Greenville Athletic Club's official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Greenville Athletic Club AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTIO AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Greenville Athletic Club FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Greenville Athletic Club, its agents, and employees.

I agree that this Release shall be governed for all purposes by Kentucky law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment of facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or reckless, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and {DBA} agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be servable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OF MY OWN FREE WILL.

 PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.