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RULES
AND REGULATIONS
THIS SIDE PART OF THE AGREEMENT: Members and their guests shall
be bound by the rules and regulations of the club. Rules and regulations
may be revised, supplemented or amended at the discretion of the
club as deemed necessary for the proper management of the club.
THE RULES AND REGULATIONS SHALL BE CONSIDERED A PART OF THE MEMBERSHIP
AGREEMENT.
ARTICLE A - Additional Details Of Membership
1. THIS AGREEMENT INCLUDES ALL DETAILS: The undersigned agrees that:
a) This Agreement, including conditions and regulations along with
the rules and regulations of the club, constitute the entire understanding
between the parties; b) There were no other promises made verbal
or otherwise and no other understanding or agreement exists between
them; c) No representations, other than those herein set forth,
have been made by anyone to the undersigned to induce him/her to
enter into this agreement; d) No modification or cancellation of
the agreement shall be valid unless in writing and signed by both
parties.
2. MEMBERS MUST NOTIFY CLUB OF ANY NEW ADDRESS: Members shall be
given written notice to the club of any change of address. Failing
such notice, all communications shall be presumed to have been received
within five days after mailing.
3. THIS LOCATION SOLE CONSIDERATION: Admission to membership in
the club of address on the reverse is the full and sole consideration
for the payment of enrollment, dues and all membership fees. There
shall be no refund of any monthly charges, or portions thereof,
in the event that the membership or club facilities are terminated
except as specifically set forth in the Rules and Regulations of
the club.
5. LATE CHARGES: After the 10th day of the month for which charges
are due, delinquent accounts will be given a late status. A service
charge of $5.00 per month will be added to all late status accounts.
Members are responsible for monthly dues whether or not they use
the facilities.
6. DELINQUENCY: Any outstanding debts or payments to the CLUB, delinquent
more than 30 days, will result in membership being temporarily revoked
and membership card surrendered until such time that payment is
made and membership reinstated. In the event it becomes necessary
to take action with regard to the collection of such outstanding
debts, member shall be responsible for the payment of all costs
incurred in such collection including but not limited to attorney's
fees. If the account has to be sent to collection, 28% of unpaid
delinquent balance will be added to the balance of the account.
7. DISCLAIMER: All exercises and use of all facilities shall be
undertaken by the Member at Member's sole risk. The CLUB shall not
be liable for any claims, demands, injuries, damages, actions, or
causes of action whatsoever, to person or property arising out of
or connected with the use of any of the services or facilities of
the CLUB or the premises where the same are located or arising out
of the acts of active or passive negligence on the part of the CLUB,
its employees or agents. All members are encouraged to have a physical
examination by their doctor (including an exercise stress test)
to determine present health before strenuous new activity is commenced.
8. SETTLEMENT OF DISPUTES: In the event of any dispute concerning
this Agreement or the Rules and Regulations incorporated herein,
the Member agrees to formally submit a registered or certified letter
of complaint and/or demand directly to the main office. The address
is MAGIC MUSCLE CORP. 310 Third Ave. Suite AA, Chula Vista, CA 91910.
The club management must have the opportunity to hear the complaint
before any further legal action is taken. MAGIC MUSCLE will be allowed
30 days to respond to the complaint. The parties hereto agree to
submit such dispute to the arbitration in accordance with the rules
of the American Arbitration Association and the parties hereto agree
to be bound by the decision of such arbitration, and the prevailing
parties shall be entitled to all fees and costs incurred in such
proceeding, including but not limited to attorney's fees and fees
of the arbitrators. Management retains the right to waive arbitration
and sue in any court with jurisdiction for purposes of collecting
membership fees and dues.
9. SEVERABILITY: If any particular provision of this contract is
declared invalid by a court of competent jurisdiction, the same
shall not affect the other provisions thereof.
10. PERMANENT DISABILITY: If by reason of death or permanent disability
the Member is unable to receive all services for which he has contracted,
he and his estate shall be relieved from the obligation of making
payment for services other than those received prior to the onset
of the disability or time of death. If services not yet received
were prepaid, the prorated amount will be promptly refunded. The
definition of permanent disability is A CONDITION WHICH WOULD PRECLUDE
THE MEMBER FROM PHYSICALLY USING ANY OF THE FACILITIES for the remainder
of the term of the membership, and is documented in writing by a
physician (MD only, and must fill out Magic Muscle Corp. provided
form), stating the exact nature of the illness and that the person
may not do exercise of any shape or form. There are facilities for
all forms of handicaps, heart patients and more.
11. TEMPORARY DISABILITIES AND POSSIBLE CREDIT FOR MEMBERSHIP TIME:
Members who pay monthly dues who have fulfilled their obligated
length of membership, may utilize our Standby Freeze Program for
temporary disabilities anticipated to be in excess of one month.
This will reduce their monthly dues to $5.00 per month during their
leave of absence. Dues paying members that have not yet fulfilled
their obligated length of membership may submit a doctor's note
for a possible future reduction in dues, after the membership obligation
has been met, for a duration not to exceed three months. Prepaid
members may receive up to three months in membership extensions
subject to approval with the submittal of a doctor's note. No refunds
shall be given for credits received for temporary disabilities.
Exact procedure of this benefit is subject to change without notice.
Multiple party memberships such as Couples or Family memberships
are not eligible for this benefit or any time credits.
12. IF MEMBER CHANGES PERMANENT RESIDENCE: Member must provide proof
of new residence. Member is responsible for any dues up to the time
proof of new residence is provided, or for the term of membership.
If dues member is within the first year and moves over 25 miles
from the primary MMC club of enrollment but moves within 25 miles
of any other MMC club, membership is not eligible for early cancellation.
Membership can be used at other MMC clubs within the 25 mile distance
of new residence change. (Silver members are subject to upgrade
fee.)
13. DUES MEMBERS WITHIN THE FIRST YEAR SELL-OUT: If dues member
is within the first year of the membership term and moves over 25
miles away from any MMC club, it may be in the member's best interest
to sell out the remainder of time of their first year. The person
to whom the member wishes to sell out to cannot be recruited by,
in, or around the club. A classified ad is permissible. The person
taking over the remainder of time on the contract needs to pay the
balance of the dues payments (the number of months remaining times
the dues amount, plus a card and transfer fee of $30.00). This action
will save the original member from paying the cancellation fees
below. Member must provide proof of new residence.
14. CANCELLATION WHEN UNABLE TO TRANSFER WITHIN FIRST YEAR: If dues
member is within the first year, moves over 25 miles from any MMC
club (the legal distance for the club to be deemed unusable), such
member shall be relieved from the obligation of making payment for
services other than those received prior to the move. The enrollment
and card or processing fees are not a prepayment for service, they
are earned by the club at the time of enrollment and are used to
pay commissions, computer set-up, membership card, and other administrative
costs. If such member has prepaid for services, the prorated amount
for services not yet received will be promptly refunded. IF MEMBER
DOES CHANGE PERMANENT RESIDENCE TO OVER 25 MILES FROM ANY MMC CLUB
BUT WISHES TO EXERCISE THEIR RIGHT NOTED ABOVE, MEMBER WILL BE CHARGED
A $100.00 CANCELLATION FEE. IF OVER HALF OF THE LIFE OF THE CONTRACT
HAS EXPIRED, MEMBER WILL BE CHARGED A $50.00 FEE. Member must provide
proof of new residence and is responsible for any dues up to the
time proof is provided, or for at least the term of membership.
Cancellation fees are per member, not per contract.
ARTICLE B - Availability of Facilities
1. TEMPORARILY UNAVAILABLE FACILITIES: WOMEN'S FITNESS WORLD may
regularly close its facilities for maintenance, selected holidays,
and other hours based on local municipalities. WOMEN'S FITNESS WORLD
may delete, change, discontinue, repair or replace any part or all
of the facilities without any effect on this Agreement. If a majority
of the facilities are unavailable for more than 7 days for any reason,
except acts of nature, WOMEN'S FITNESS WORLD may extend your membership
for the same period that facilities were unavailable.
2. PERMANENT CLOSURE OR MOVE: WOMEN'S FITNESS WORLD may permanently
close or move its club without any effect on this Agreement if it
transfers your membership to a comparable club within 10 miles of
the one affected. If the facilities were for a period unavailable,
WOMEN'S FITNESS WORLD may extend your membership for the same period
the facilities were not available.
ARTICLE C - Club Use
1. ALL MEMBERS USING THE FACILITIES MUST BRING THEIR CURRENT, VALID
MEMBERSHIP CARD WITH THEM, leave it at the front desk, sign-in on
the register, and then pick it up on the way out. IF MEMBERSHIP
CARD IS FORGOTTEN THERE ARE TWO CHOICES: GO AND GET CARD OR PAY
A $1.00 LOOKUP FEE. PLEASE REMEMBER TO BRING YOUR MEMBERSHIP CARD.
NO EXCEPTIONS TO THIS RULE.
2. Members may only use lockers for the time they are exercising.
Nothing may be left overnight, and any locks still on lockers at
closing time will be cut off. Lockers are a gratuity and Club assumes
no responsibility for the safety of items left in lockers. DO NOT
BRING VALUABLES INTO CLUB. All private property, while in or on
Club premises, is owner's sole responsibility and the Club assumes
no liability.
3. There will be a $10.00 charge for replacing lost or stolen membership
cards. The front desk is not responsible for lost cards.
4. All members shall be expected to wear proper attire when using
the Club. Please do not wear sandals or jeans.
5. RUDE BEHAVIOR: No hogging equipment or kicking another member
off your favorite piece of equipment. No profanity.
6. All members must put away any and all free weights they use and
must carry their own towel to wipe off sweat from equipment after
use. PLEASE BE CONSIDERATE!
7. Absolutely no gym bags are allowed in the exercise rooms. If
you bring extra clothes or equipment, you must use a locker and
bring your own lock.
8. THERE IS NO SMOKING OR GUM CHEWING IN ANY AREA OF THE CLUB.
9. Damage to Club property shall be paid for by any member who willfully
or neglectfully causes such damage, including all broken mirrors.
Members are responsible for damage incurred by dependent children
or guests.
10. Children age 12 and under must have an adult in direct attendance
at all times when inside Club or placed in the baby-sitting facility.
11. GUESTS: Members may bring up to 3 guests with them each time
they visit the Club, providing they live locally and follow procedures.
All guests must be 18 years of age or older and show proper ID when
entering the Club. Guest may be 16 or older only with a full Liability
Waiver signed by the parent or guardian IN PERSON. WOMEN'S FITNESS
WORLD is a private, members only Club. All out of town guests must
be members of an affiliated club or pay a $10.00 out of town guest
fee. Guest must fill out PROFILE CARD completely and sign the Liability
Waiver. For complimentary use, they must show proof of residence
within 15 miles of the Club. Only one complimentary use period per
guest. This includes all different promotions as well as paid visits
and memberships. No exceptions. Local guests using the Club at no
charge must be toured through Club and meet with a membership counselor.
Enough time must be set aside for this.
ARTICLE D - Conditions of Expulsion
Any member may be expelled by the management. Cause for expulsion
may consist of violation of any Rule or Regulation of the Club or
House Rules, or of any conduct which in the opinion of the management
is prejudicial to the welfare, good order and character of the Club.
In such cases, no remuneration of fee or dues will be made by the
Club to the Member. An expelled member shall remain liable for all
dues and other indebtedness accrued prior to expulsion from the
Club.
WOMEN'S FITNESS WORLD RESERVES THE RIGHT TO ALL PERSONAL TRAINING
AT THE FACILITY. UNDER NO CIRCUMSTANCES IS ANY MEMBER TO TRAIN ANOTHER
MEMBER FOR COMPENSATION. IF ANY MEMBER IS SUSPECTED OF THIS, THE
SITUATION WILL BE INVESTIGATED AND MEMBER MAY BE EXPELLED FROM CLUB
WITH NO REFUND OF ANY MEMBERSHIP FEES OR RELEASE FROM AMOUNTS OWED.
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