METRO FITNESS TERMS AND PROVISIONS
- The privilege of membership shall in no way carry any right, title or interest in Metro Fitness or its assets, nor carry any right to any income or earnings of Metro Fitness. In turn, no Member shall be liable for any debts or obligations of the owners or operations of Metro Fitness.
- The privilege of membership will carry no right of participation in management or control of the finances of Metro Fitness or any of its facilities.
- Metro Fitness is not obligated to repurchase any memberships. Memberships may not be sold or assigned. Memberships may only be frozen for a maximum of 3 (three) months for medical reasons. A licensed doctor of medicine must confirm medical reason in writing.
- Metro Fitness shall be open for use 7 days a week. These days are subject to reasonable adjustments and may be changed for holidays, special occasions or extraordinary
maintenance at the discretion of the management. Metro Fitness reserves the right to make changes by adding or cancelling services provided to its members at its sole discretion.
- The Member warrants that he/she has a doctor’s approval to work out and/or attend Metro Fitness and/or is in good physical condition and has no disability, impairment or ailment which would be adversely affected by participation in physical conditioning program or by use of the gym’s facilities or services.
- Guaranteed Renewal Fee is valid for 30 (thirty) days from the expiration date of the Membership Agreement.
RULES AND REGULATIONS:
Rules and regulations as set forth are part of the Membership Agreement and Member is obligated to observe and comply with the same. Metro Fitness may make reasonable changes from time to time. Said changes shall be posted on the premises.
- By signing this application, Member agrees to all Rules and Regulations now in effect and any other changes that may become effective at any future date and accepts the condition that by not conforming to the following rules and regulations, member may temporarily or permanently, be barred from using Metro Fitness facilities and services with no refunds.
- Abuse of equipment will not be tolerated. Member will be responsible for all costs of damages caused to equipment/property, including installation.
- Equipment must be replaced after usage.
- During the use of Metro Fitness facilities, all Members and Member’s family members, and their respective guests and invitees, shall refrain from engaging in loud, foul, or slanderous language, or disturbing, badgering, or harassing other members or Metro Fitness employees, agents and contractors.
- Street clothing is not permitted in the exercise area. Suitable attire will be gym shorts, T-shirt/tank tops, sweat suits, leotards, tights.
- All food and beverage not purchased from Metro Fitness other than water is not permitted in the gym.
- Smoking is not permitted in the facility.
- Shoes must be worn at all times. No sandals or thongs allowed.
- No barbells/dumbbells permitted on upholstered benches or in carpeted areas.
- Metro Fitness reserves the right to cut off any locks left on lockers overnight and dispose of all items left inside. Lockers are to be used only during workout hours.
- Nothing other than in-house products, such as protein, vitamins, sportswear, etc. will be sold in Metro Fitness.
- Upon entering Metro Fitness, all Members are required to present proper identification for the use of Metro Fitness facilities.
- All Member’s guests or invitees that are non-members shall be charged an admission fee.
- Member and Member’s family members, guests and invitees shall abide by any additional Metro Fitness rules and regulations posted at Metro Fitness facilities.
- Member or guests shall not train other members or guests and shall not engage in any type of business or enterprise while at Metro Fitness Facilities.
- Member, Member’s family members, and their respective guests and invitees shall not bring illegal drugs or alcoholic beverages onto the premises.
WARNING: USE OF STEROIDS TO INCREASE STRENGTH OR GROWTH CAN CAUSE SERIOUS HEALTH PROBLEMS. STEROIDS CAN KEEP TEENAGERS FROM GROWING TO THEIR FULL HEIGHT; THEY CAN ALSO CAUSE HEART DISEASE, STROKE, AND DAMAGED LIVER FUNCTION. MEN AND WOMEN USING STEROIDS MAY DEVELOP FERTILITY PROBLEMS, PERSONALITY CHANGES, AND ACNE. MEN CAN ALSO EXPERIENCE PREMATURE BALDING AND DEVELOPMENT OF BREAST TISSUE. THESE HEALTH HAZARDS ARE IN ADDITION TO THE CIVIL AND CRIMINAL PENALTIES FOR UNAUTHORIZED SALE, USE OR EXCHANGE OF ANABOLIC STEROIDS.
- REGISTRATION: Upon entering Metro Fitness, all members are required to show their membership card and register at the registration desk. Guests are welcome and must register, show identification, and pay appropriate daily fees at front desk.
- LOST MEMBERSHIP CARD: In the event Member claims that his/her membership card is lost, stolen or destroyed, we may require Member to sign an affidavit setting forth the relevant circumstances and to pay a $15.00 service fee before we issue a replacement card. A replacement card shall be ordered at the latest seven (7) days after member attends the facility without a card.
- DISHONORED CHECK CHARGE: Buyer agrees to pay a $25.00 fee, or the maximum amount permitted by law (including our cost and expenses incurred in connection with the collection of any returned check or other item, where permitted) for any returned check or other item.
- INDEPENDENT CONTRACTORS: From time to time, we may make available to Members and their guests, for a fee, 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 guest for any period of time.
- TRANSFER: In the event Member moves further than a 25-mile radius from LA Metro Fitness’s facility, or those facilities with which Metro Fitness is affiliated and offer the same services for which Member has contracted from Metro Fitness, Member shall then provide Metro Fitness with proper written verification thereof. If Metro Fitness is unable to transfer the membership agreement at a comparable facility within 25 miles of Member’s new address, then Member shall be relieved from the obligation of making payment for services other than those received prior to the move by paying a $100.00 cancellation fee (reduced to $50.00 if more than half of the term of this agreement has expired). If Member has prepaid any sum for services, a pro-rated amount shall be refunded after discounting processing fees and the $35 cancellation fee (excluded in pro-rated amount are the free months, if any). Initiation fees ($299) are non-refundable and non-transferable. Proper written verification shall consist of an executed residential lease, recorded deed to residential property, telephone bill, or utilities bill, in Member’s name. In all cases, the value of services Member has received shall be based upon the non-discounted membership rate set forth below; Member shall be responsible for any unpaid amounts upon the termination of a monthly dues membership, and all such amounts shall be subject to electronic funds transfer. Member shall not be relieved of his/her membership obligations under this Agreement unless and until Metro Fitness receives proper written verification corroborating the relocation presented by Member.
- DISABILITY: If by reason of death or significant physical disability Member is unable to receive any of the services for which Member has contracted, Member or Member’s estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of significant physical disability. If Member has prepaid any sum for services, so much of such sum as is allocable to services Member has not taken will be refunded to Member or Member’s representative. Initiation fees are non-refundable and non-transferable. Any significant physical disability must be confirmed in writing by a licensed doctor of medicine. Member shall not be relieved of his/her membership obligations under this Agreement unless and until his/her licensed medical doctor completes a questionnaire to be provided by Metro Fitness which corroborates the claim presented by Member. In case of temporary disability, membership may be frozen for length of time requested by medical doctor (not exceeding 3 (three) months). In case of transfer for armed duty, for members of the armed services, membership can be frozen for the length of time of transfer (not exceeding 12 (twelve) months).
- RESERVATION OF RIGHTS: The membership price contained in this Agreement includes a discount based on the term length of this Agreement. Any change in the term length of this Agreement by way of Member’s death, significant physical disability, or moving, as provided herein, shall cause Member’s membership price to revert to the following non-discounted rate: payments of $100.00 per month from the date of the execution of this agreement until the time of death, the onset of significant physical disability, or the time of moving, plus a $299.00 initiation fee, which fee shall be deemed to constitute services received in full by Member as of the date of the execution of this Agreement. The membership price contained in this Agreement includes a discount based on the term length of this Agreement. Any breach of Member’s payment obligations as required herein shall cause Member’s membership price to revert to the following non-discounted rate: payment of $100.00 per month from the date of execution of this Agreement until the end of Member’s membership term as provided herein, plus a $299.00 initiation fee, which feel shall be deemed to constitute services received in full by Member as of the date of the execution of this Agreement. Any and all balances owing under this Agreement become due and payable upon any breach of Member’s obligations.
- MONTHLY DUES: Monthly dues charges will continue to be due each month regardless of your use of the club until you notify us in writing that you wish to cancel this Agreement. Such notice must be accompanied by return of Member’s membership card and any other evidence of membership provided to the Member and must be sent to us, in care of Metro Fitness, 2985 Glendale Boulevard, Los Angeles, CA90039. Regardless of such cancellation, any outstanding balance of the membership fee will remain due and payable in accordance with
this Agreement. Provided you are in good standing and the membership fee is paid in full, you may, within thirty (30) days of the date of this Agreement or the yearly anniversary date of this Agreement, pay the monthly dues in advance for a full year as annual dues. We may apply dues payments to pay any other sums which are past due. If you fail to pay any monthly dues payment within 30 days after the date such payment is due, your membership privileges may be cancelled and you may be required to reapply for membership at the prices we are then charging new members, or pay a reinstatement fee, if available. Member hereby grants to Metro Fitness the right to charge Member’s bank account and/or any credit card including, but without limitation, VISA, MasterCard, American Express or Discover, for all service fees and/or any balance owed of Membership Agreement, non-sufficient fund checks and/or direct charge memo returned unpaid by Member’s bank or credit card company. In addition to the other dues, fees, and charges provided for in this Agreement, Member agrees to pay Metro Fitness a Scheduled service fee then in effect for any item or direct charge memo not paid for by Member’s Bank or credit card company when presented for payment by Metro Fitness. Metro Fitness reports payment history records to several national credit bureaus.
- INCREASES: A. TERM AGREEMENTS: To cover our increasing costs in providing services, monthly dues may be increased on the second anniversary date of this Contract and each succeeding anniversary date by 15% or the increase from year to year in the consumer Price Index in effect on each anniversary date, whichever is greatest, plus any applicable taxes. For purposes of calculating monthly dues increases, “Consumer Price Index” means the Consumer Price Index – All Urban Consumers All items, U.S. City Average (1982 – 84 – 100) published by the Bureau of Labor Statistics of the U.S. Department of Labor or, if not published, a substitute index selected by us and prepared by an appropriate entity. The CPI limitation to the increase in monthly dues applies only to Agreements with a Specified “Term”. For paid in full memberships: renewal fees are subject to change if not guaranteed by present contract or if present membership is not renewed within 30 days of expiration date.
- OPEN-END AGREEMENTS: This section applies to Agreements that do not have a specified “Term” or are converted to an open-end agreement upon expiration of the term. To cover our increasing costs in providing services, monthly dues may be increased according to our current prices. Notice of said increase shall be posted on the premises no less than (30) thirty days before date of increase.
- COUPON STATUS: A $10 monthly service fee will be charged on accounts converted to coupon status.
- THEFT: Member agrees that Metro Fitness is not responsible for any loss of, or damage to, any property, including money, belonging to any Member or Member’s family members, and their respective guests or invitees in or about Metro Fitness facilities. Member agrees to indemnify and hold Metro Fitness and its employees, agents, and contractors harmless from any and all liabilities, damages, and costs incurred or arising out of the conduct or activity of Member, or any Member’s family member(s), or their respective guests or invitees.
- DAMAGE TO OR MAINTENANCE OF THE FACILITIES: If Metro Fitness facilities are unavailable to Member, Member’s membership term shall be extended for a period equal to the time of such unavailability, but in no event shall this Agreement require payments, or financing, or extend for a period, greater than that permitted under California law. Alternately, at the election of Metro Fitness, it may make available to Member at no additional cost, comparable facilities within a radius of twenty five miles of Member’s residence. Metro Fitness, in its sole and absolute discretion, reserves the right to close any Metro Fitness facility and change existing Metro Fitness rules and regulations, facilities, classes and programs. Membership may be placed on an inactive status for a minimum of one (1) month to a maximum of six (6) months upon Metro Fitness’s receipt of a member absentee verification form. Monthly dues shall continue as scheduled, with any inactive time credited to Member at the end of Member’s membership. All inactive membership requests must be in writing and mailed or delivered along with Member’s membership card to Metro Fitness, 2985 Glendale Boulevard, Los Angeles, CA90039.
- OTHER: If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired, or invalidated. The failure of Metro Fitness or Member to insist on strict
compliance with all of the terms, provisions, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, provision, covenant, or condition,
nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Performance of services by Metro Fitness to Member under this Agreement shall begin within six (6) months of the date of execution of this Agreement. In no event shall this Agreement require payment, or financing, or extend for a period, greater than that permitted by the laws of the State of California. In the event any Member or Member’s family members, violates any of the terms or provisions of this Agreement or the Metro Fitness rules and regulations, Metro Fitness may suspend Member’s right to use its facilities and services until such time as Member, and/or Member’s family members, has abided by and fully complied with the terms and provisions of this Agreement and the rules and regulations. Member shall not be entitled to any refund or credit for the period of which the membership was suspended. If Member, or Member’s family member, thereafter violates any of the terms and provisions of this Agreement or the rules and regulations, Metro Fitness may terminate Member’s membership and the right to use its facilities, without reimbursement.
- ENTIRE AGREEMENT: This agreement constitutes the entire Agreement and each party acknowledges and declares that there are no other representations or warranties, either express or implied.