This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into {sign_date} by and between Fisher Lifting LLC and {name}
1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to the Gym with their Personal train/coach. By signing below, Member agrees to be bound by all of the terms and conditions set forth in this Agreement.
2. Term: Unless earlier terminated in accordance with Section 3, the initial term of this Agreement shall begin on the Effective Date and shall end at the close of business on the day immediately prior to the anniversary of the Effective Date (the “Initial Term”).
(Optional addition for month-to-month contract)
Unless earlier terminated in accordance with Section 3, after the Initial Term, this Agreement shall continue in effect on a month to month basis (each, a “Subsequent Monthly Term” and together with the Initial Term, the “Term”) until 30 days after Member delivers written notice of termination to Fisher Lifting shall notify Member in writing). Each Subsequent Monthly Term shall begin on a monthly anniversary of the Effective Date and end at the close of business on the day immediately prior to the next monthly anniversary of the Effective Date.
(You can adjust termination notice from 30 days to your preference. Also remove parts as meets your desired level of strictness for termination)
3. Termination: This Agreement may be terminated by the Fisher Lifting (i) at any time if Member breaches this Agreement; or (ii) 30 days after Fisher Lifting written notice of termination to Member. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination to Fisher Lifting with in 10 days of next payment date, at the address set forth above (a) if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to Fisher Lifting.
4. Pricing: Fisher Lifting a (Membership title) for a price of (cost per period) per (payment period).
5. Payment: As of the Effective Date, Member has paid to the Fisher Lifting LLC the sum of (the “Payment”), which covers the period beginning on the Effective Date and ending the last day of the Initial Term. On or prior to the first day of each Subsequent Monthly Term, (Member shall pay to the Fisher Lifting LLC the sum of) (cost per period), and hereby authorizes and directs the School or its agents to charge the payment to the Member automatically.
6. Instruction: Member’s ability to attend classes and receive instruction at the Fisher Lifting LLC each (payment period) is conditioned on Fisher Lifting LLC receipt of the Payment for such (payment period). Fisher Lifting LLC shall have the right to suspend Member’s membership at any time and from time to time during any period that Member is not current in the Payment. All instruction shall be provided at Fisher Lifting LLC business located at 100 Business center Dr Unit 5 Ormond Beach Fl, 32174 or at such other location determined by Fisher Lifting LLC in its sole discretion. All instruction shall be offered at such times as determined by Fisher Lifting LLC in its sole discretion. Fisher Lifting LLC reserves the right to change its class schedule or the frequency thereof at any time and from time to time without advance notice to the Member.
7. Policies and Rules: Member hereby acknowledges that the Member has read and understands Fisher Lifting LLC rules and procedures. The Member further acknowledges that Fisher Lifting LLC has the right to change the Rules at any time and for any reason. The Member hereby agrees to comply with and be bound by Fisher Lifting LLC Rules, as the same may be amended from time to time.
8. Representation of Fisher Lifting LLC. Member agrees that Member shall not, without the prior written consent of Fisher Lifting LLC, hold himself or herself out publicly as representing Fisher Lifting LLC in any manner, including, but not limited to, as to no slander Fisher Lifting or any of its staff or coaches.
9. RELEASE OF LIABILITY.
(a) The Member acknowledges that participation in Fisher Lifting LLC classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in martial arts instruction and the martial arts, and that member is hereby assuming such risks voluntarily.
(c) The Member hereby releases and agrees to indemnify and hold Fisher Lifting LLC and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the school’s classes and curriculum and the martial arts, including, but not limited to, any claims based on the school’s negligence.
(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending Fisher Lifting LLC classes or participating in the lifting under instruction or by themselves. alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in Fisher Lifting LLC classes or self-lifting.
(e) The Member certifies and agrees to report any damages or problems at Fisher Lifting LLC that they or guest of them do and/or see. Member agrees that if it is found they caused and/or their guest that was with them caused damage to equipment, contents, or building, shall be liable to cost for repair. If Member caused said damage and refuses to cover cost of repair due to their negligence or malicious intent, they are subject to legal prosecution to full intent of damage cost and legal fees. Member will also be terminated from facility and will forfeit current monthly costs they may have.
10. Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.
11. Entire Agreement: This Agreement constitutes the entire agreement between the Member and S Fisher Lifting LLC with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.
12. Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
13. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the Volusia County and Florida Law without regard to principles of conflicts of law.
14. Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of Fisher Lifting LLC. Fisher Lifting LLC may assign this Agreement and/or its rights and obligations hereunder in its sole discretion.
15. Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.
16. Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.
17. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
18. Attorneys’ Fees; Cost of Collection. In the event of any dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by the School.
By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and conditions.
YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO:
Fisher Lifting LLC- 100 business center Dr Unit 5 Ormond Beach FL, 32174]
