Leblon Fitness Club Annual Membership Form

AGREEMENT, made on this {sign_date} {name} 

IF YOU HAVE A YEARLY AGREEMENT:
The member agrees to make 12 {membership_recurrence} 

IF YOU HAVE A MONTH TO MONTH AGREEMENT:
The member agrees to make {membership_recurrence} 

You acknowledge this agreement requires a term commitment of indicated amount of time. Provided that {name}  is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew for the rate indicated below. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered by registered mail or in person with a manager. The members will be required to make payments that are due within the 30 day notice. The final payment will not be prorated. Renewal terms may be non-renewed by the club at any time. TOTAL AMOUNT: INDICATED AMOUNT PER MONTH FOR FUTURE AUTOMATIC RENEWAL.

SHORT TERM OR PIF MEMBERSHIP:
This membership will expire on indicated date.

HOUSEHOLD MEMBERSHIP:
This is a Household membership. You agree that the club has the right to increase your monthly dues to a single person rate in the event your associated household member cancels.
Annual proof of full-time student status is required to maintain student discount. Acceptable documentation includes:
Valid CTA U-Pass;
Undergraduates: Class schedule showing 12 credits hours or more;
Graduate Students: Proof of enrollment in a full-time graduate program.

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 ten days late. A $25.00 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 TEN DAYS LATE PAST DUE, YOU WILL BE CHARGED A $10.00 LATE FEE. If the payment of monthly dues is made by electronic funds transfer (EFT), the club’s billing company, Leblon Fitness Club, reserves the right to draft via EFT all amounts owed by {name}  including any and all late fees and service fees. Subject to appropriate State and Federal Law.

I/We, {name} , hereby request the privilege of paying to Leblon Fitness Club LLC (“The Company”), and further authorize The Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed above. Subject to the following conditions:

1. The items shall be electronically debited on or about the date or dates of the Payment Schedule. The transactions on your bank statement will constitute receipts for payment on your account.
2. If the regular payments set forth on the Payment Schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment.

By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review when requested to Leblon Fitness Club’s managers under terms and conditions.

The privilege of making payments under this arrangement may be revoked by The Company if any item is not paid upon presentation.

If this pre authorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule).

A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.

This pre authorization payment arrangement shall apply to {name} .

TERMS AND CONDITIONS

MEMBER’S HEALTH WARRANTY:
{name}  and Leblon Fitness Club represent that {name}  has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise. Leblon Fitness Club encourages consultation with a physician before beginning any exercise program. Excessive usage as brought to the attention of Management may result in the request of a doctor’s note.

BUYER’S REGULATIONS AND SCHEDULES:
{name}  agrees to abide by all the membership rules, regulations and schedules of Leblon Fitness Club, which may be posted at Leblon Fitness Club or issued orally, and which may be amended from time to time, at Management’s sole discretion.

CONDUCT: 
Members are required to conduct themselves when in or about the club in a manner that will not disturb or impair the use and enjoyment of the club by other members and their guests. Foul, loud or abusive language to other members or staff will not be tolerated and may subject member to removal and/or forfeiting of club privileges and without right to reimbursement.

CHECK-IN PROCEDURE:
Members must check in at the front desk and all new members are required to have a member photo ID.

GUESTS:
Member’s guests, ages 16 years and older, are welcomed at Leblon Fitness Club and will be required to pay a guest fee. One single guest fee can be used toward current membership rate. All guests must sign in at the front desk with a photo ID. Member must accompany their guest(s) to receive member guest rate.

CHILDREN’S USE:
All children fifteen (15) years and younger must be accompanied by their parent, or legal guardian AT ALL TIMES within Leblon Fitness Club unless in another club sponsored, supervised activity. Some children’s programs require fees to be paid in advance. Leblon Fitness Club has the right to discontinue usage by any child whose behavior is offensive to any other member or who is unsupervised.

LOCKERS: 
Lockers are provided solely for the benefit and convenience of members. Management will remove any articles left in a locker overnight. Personal property in lockers is kept at the owner’s risk.

VALUABLES AND PERSONAL PROPERTY:
Members are urged to avoid bringing valuables onto Leblon Fitness Club premises. Leblon Fitness Club shall not be liable for the loss, theft of or damage to the personal property of member or guests.

DRESS CODE:
All members shall be expected to wear proper attire when using the Club. No street clothes. Shirt and shoes are required. Leblon Fitness Club reserves the right to request modification of a member’s inappropriate attire.

PERSONAL HYGIENE AND GROOMING:
Members are expected to maintain a level of personal hygiene that does not offend or impair the use and enjoyment of the Club by other members. Personal grooming (shaving, clipping, exfoliating) is limited to sink and shower areas only.

WORKOUT FLOOR PROCEDURES:
No one under sixteen (16) years of age is permitted on the workout floor. Wipe off machines after each use. Food and drink are allowed in the lounge area only.

GROUP EXERCISE RULES:
Do not enter class after the first five (5) minutes or leave early unless you give the instructor prior notice. If you are just starting Group Exercise or have any injuries or problems that prevent full participation, please discuss the situation with the instructor before class. Aerobic shoes must be worn in all Aerobic classes and elsewhere throughout the facility, excepting the pool.

FREE WEIGHT AREA:
Please return weights and dumbbells to the appropriate rack when finished. Do not leave weights on floor. Working with a partner or spotter is advised.

PERSONAL TRAINING:
Members and/or guests are prohibited from working out with non-Leblon Fitness Club personal trainers and members and/or guests may not solicit personal training clients.

BUYER’S OBLIGATION:
Buyer shall not be relieved of his obligation to make payment agreed to, and 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 time and in no way related to actual usage of the Club.) Membership is non-cancelable for a period of one (1) year, (and thereafter on thirty (30) days’ written notice) or for other length of time as specified in the membership agreement.
The contract may be cancelled by the customer within three (3) business days after the contract is signed by the customer, and in the event of such cancellation, all monies paid pursuant to said contract shall be refunded to the customer. Notice of cancellation shall be made in writing and delivered by certified or registered mail to Leblon Fitness Club. All refunds to which a customer or his estate is entitled shall be made within thirty (30) days of receipt by the Club of the cancellation notice.

30 DAY GUARANTEE:
Applies to twelve-month (12) month memberships only. If within thirty (30) days of membership inception, the member wishes to cancel, Leblon Fitness Club will terminate the membership and refund all fees excluding the first month’s dues (regardless of Club usage) during the first thirty (30) days.
In the event of relocation of a customer’s residence to farther than twenty-five (25) miles from the center’s facilities, and upon the failure of the original center to designate a center, with comparable facilities and services within twenty-five (25) miles of the customer’s new residence, which agrees to accept the original center’s obligations under the contract, the customer may cancel the contract and shall be liable for only that portion of the charges allocable to the time before Driver’s License or State ID of such relocation is presented to the center, plus a reasonable fee of or equal 10% of the unused balance, or $50.00 whichever is less. Driver’s License/State ID required for proof of relocation in person.
TRANSFER OF MEMBERSHIP TO A NONMEMBER. Membership may be transferred with the consent of Management. A transfer fee will be charged. Only one transfer of a membership account within a six (6) month period.

TRANSFER TO A SISTER CLUB:
A $25 fee will be charged for each transfer. The member’s agreement time continues at the sister club.
If the customer, because of death or disability, is unable to use or receive all services contracted for, the customer, or his estate as the case may be, shall be liable for only that portion of the charges allocable to the time prior to death or the onset of disability. The center shall in such event have the right to require and verify reasonable evidence of such death or disability. No refunds given past sixty (60) days’ notice.

CHANGE OF ADDRESS: 
All members must notify Leblon Fitness Club in writing of any address or name changes.

EFT ACCOUNT CHANGES:
Leblon Fitness Club requires a fifteen (15) day notice for any changes made to an existing account.

UNPAID BALANCE:
All balances in arrears over thirty (30) days are subject to a monthly service charge. Any unpaid balances past thirty (30) days may result in automatic suspension of the Club privileges. Buyer is obligated to pay any collections and/or legal costs incurred by Management for collection.

CHANGES BY LEBLON FITNESS CLUB:
Leblon Fitness Club reserves the right in its sole discretion and with thirty (30) days notice to change the membership fees, and/or monthly dues. Leblon Fitness Club may also make reasonable changes in other fees, policies, club hours, facilities, equipment and the like.

ENTIRE AGREEMENT:
This Contract constitutes the entire and exclusive agreement between the parties. Any promises or representation pertaining to the contract which is not written in this contract are invalid. This Contract may be modified in writing by Leblon Fitness Club only.

This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and email address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Leblon Fitness Club, including its agents and affiliates, may contact Member at any mailing address, phone number or email address set forth on the face of this agreement, or subsequently provided by Member to Leblon Fitness Club.

NOTICE OF STATUTORY REQUIREMENTS (§ 815 ILCS 645):
Every contract for physical fitness services shall set forth the customer’s total payment obligation for services to be received pursuant to the contract.
No contract for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such contract must so provide in writing; except that this limit shall not apply to any contract for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement. No contract for family or couple memberships for basic physical fitness services shall require payment in excess of $2,500 per year per person covered under the membership.
No contract for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the customer. The initial term of services to be rendered under the contract may not extend over a period of more than 2 years from the date the parties enter into the contract; provided that the customer may be given an option to renew the contract for consecutive period of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership.
No contract for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of a contract for physical fitness services which the customer has against the center shall be cut off by assignment of the contract whether or not the assignee acquires the contract in good faith and for value. Such an assignee is not a holder in due course.
All contracts for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one contract for services at the same time for purposes of avoiding the provisions of this Act.
Any waiver by the customer of the provisions of this Act shall be void and unenforceable. Any contract for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable.
If any court finds, as a matter of law, that a contract or any provision thereof was unconscionable when made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.
Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may contract to use the facilities of the center; or misrepresentation of the skills or abilities of any customer or potential customer.
Any contract for physical fitness services entered into in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforceable.

RELEASE OF ALL CLAIMS:
I, {name} , as a member of Leblon Fitness Center, understand and specifically assume all risks and responsibility for any injuries, damages, or losses which may result from or arise out of my use of any equipment, facilities or activities at Leblon Fitness Club, even if caused by the negligence of Leblon Fitness Club, and fully and forever release and discharge Leblon Fitness Club, its owners, agents, and staff from any and all claims, demands and/or damages resulting from or arising out of my use of Club facilities, equipment or activities at Leblon Fitness Club.
MEMBER FURTHER ACKNOWLEDGES BY SIGNATURE BELOW THAT HE OR SHE HAS READ THE ENTIRE TWO PAGE AGREEMENT, ALL PAGES INCLUDED, UNDERSTANDS ITS CONTENTS AND HAS BEEN PROVIDED THE OPPORTUNITY TO ASK QUESTIONS REGARDING ITS CONTENTS. MEMBER FURTHER ACKNOWLEDGES THAT HE OR SHE IS SIGNING THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.

FOR ALL BILLING INQUIRIES, PLEASE CALL Leblon Fitness Club at 312-624-8496.
I have read and accept the Terms and Conditions above.