Membership Terms and Conditions and Release of Liability
Fees and Dues:
To establish and qualify for membership, member agrees to pay first month of monthly dues. Applicable sales tax must be charged.
Tremont Athletic Club accepts cash, credit cards, and electronic funds transfer (EFT) from a credit card or bank account. Unless specifically stated, contracts will be renewed automatically upon termination for a similar term at the prevailing monthly rate. Members may opt out of the renewal at any time during the term of the original contract, or within 10 business days following the first renewal charge. After 10 business days following the first renewal charge, but prior to 60 calendar days follwing the first renewal charge, members may terminate the annual commitment by payment of all amounts due, plus the equivalent of two months annual dues at the prevailing annual rate. Upon notice, yearly memberships may continue on a month-to-month basis at prevaling rates after the 12-month period, until written notice is given 30 days prior to the desired date of cancellation.
In the case of annual commitments, payment for dues for the first month of this contract will be effected on the day of this contract, pro-rated for the remainder of any partial month, whereas payment for dues for subsequent months will be effected on the first day of the following month where applicable.
The cost of monthly dues is static for the duration of this Agreement, but are subject to change upon renewal. Month to month Agreements are subject to change with 30-days written notice from Tremont Athletic Club.
Monthly dues for the following month, along with authorized member charges will be collected electronically on a monthly basis from a predestined account or credit card, unless previously paid by other means. All members must provide required Electronic Funds Transfer or credit card information. In the event we are unable to collect payment electronically, the member will be notified and payment must be made by other means, in order to maintain membership privileges. Tremont Athletic Club dues must be current at all times or fitness membership will be suspended or terminated. Any balances which are 30 days past due are subject to a $25.00 monthly service fee.
Performance of this contract will begin no later than one hundred eighty days from the date this contract is entered into.
Members have the right to cancel this contract in accordance with the Ohio Prepaid Entertainment Contract Act. The means by which to cancel this contract have been provided herewith.
If by reason of death or disability, you are unable to receive benefits from Tremont Athletic Club’s services, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and Tremont Athletic Club, within thirty days after receiving notice of the death or disability from a physician, shall return to you or your representative the amount paid in excess of the proportional amount.
If you relocate twenty-five miles or more from the facility operated by Tremont Athletic Club or a substantially similar facility that would accept Tremont Athletic Club’s obligation under the contract and if you give Tremont Athletic Club written notice that you intend to relocate and request that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering, and you shall be liable for payments for only that portion of the contract that can be attributed to the period prior to the buyer’s actual relocation, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, provided, that Tremont Athletic Club may require and verify reasonable evidence of relocation, and Tremont Athletic Club shall return to you the amount paid in excess of the proportional amount;
If Tremont Athletic Club relocates the facility twenty-five miles or more from the buyer’s residence or closes the facility and a substantially similar facility that would accept Tremont Athletic Club’s obligation under the contract is not within twenty-five miles of the buyer’s residence, the contract shall be proportionally divided by all of the days in which the facility was made available to you as part of the contract offering, and you shall be liable for payments for only that portion of the contract that can be attributed to the period prior to Tremont Athletic Club’s actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering, and Tremont Athletic Club shall return to you the amount paid in excess of the proportional amount.
Upon request, all information and material of a personal or private nature that is acquired directly or indirectly, including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by Tremont Athletic Club to the you by regular mail within thirty days after the expiration of the contract or after the expiration for any reason of the service to be rendered by Tremont Athletic Club.
Suspension/Termination of Membership by Management
Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, or for behavior inimical to the enjoyment of the Tremont Athletic Club by other members and staff for any reason deemed sufficient in the sole discretion of Management.
Tremont Athletic Club will not be responsible for lost or stolen items.
It is recommended that all members participate in a medical screening and consent to clearance from their personal physician before beginning an exercise program. The member warrants and represents that the member or any family member or guest entitled to use the facilities of the Tremont Athletic Club under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate.
The Member acknowledges and agrees that: 1) Tremont Athletic Club will rely on the foregoing warranty in issuing the Membership; 2) Tremont Athletic Club shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by Tremont Athletic Club, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) Tremont Athletic Club shall not be subject to any claim, demand, or injury whatsoever on account of Tremont Athletic Club’s evaluation or interpretation of such fitness assessment or similar testing. 5) Tremont Athletic Club shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.
WHEREAS, you, the customer (“You(r)”), desire to engage the services of Tremont Athletic Club, LLC (“Tremont Athletic Club”) for fitness, nutritional counseling and other various fitness services (“Fitness Services”), potentially including the use of the facilities, machinery and equipment of Tremont Athletic Club (“Equipment”); and
WHEREAS, You understand there are various risks, contemplated or otherwise, inherent in partaking in the Fitness Services and using the Equipment, and in consideration of Your being able to participate in the Fitness Services and use the Equipment, You do hereby agree to assume these risks without any liability to Tremont Athletic Club.
NOW THEREFORE, You, the undersigned, do hereby agree to the following:
1. Consideration. Your agreement to be bound by the provisions set forth in this Release of Liability, as acknowledged by Your signature below, which releases Tremont Athletic Club from any liability or injury that may occur from Your use of the Fitness Services or Equipment, shall entitle You to participate in the Fitness Services and use the Equipment.
2. Acknowledgement/Assumption of Risks. You understand that the Fitness Services shall include strength, flexibility, and aerobic exercises, the use of the Equipment, nutritional, health and wellness coaching and therapeutic bodywork; and that these Fitness Services are all potentially hazardous activities. You also understand that partaking in the Fitness Services and using the Equipment involve the risk of heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/back/foot injuries, other injury and even death, however caused, occurring during or after Your participation in the same, and that You are voluntarily participating in the Fitness Services and using the Equipment with knowledge of all the risks and dangers involved, including those not contemplated above and/or unforeseen. You hereby agree to expressly assume and accept any and all said risks of injury, death or otherwise as set forth above. You acknowledge that Tremont Athletic Club shall at all times retain ownership and control of the Fitness Services and Equipment and may alter or limit or refuse Your use of the same.
3. Release of Tremont Athletic Club. In consideration of being allowed to participate in the Fitness Services and use the Equipment, You do hereby waive, release, and forever discharge Tremont Athletic Club and its officers, agents, employees, representatives, members, executors, independent contractors, subcontractors and others (“Released Parties”) from any and all responsibilities or liability from injuries, claims or damages resulting from the Your participation in the Fitness Services or use of the Equipment. You do also hereby release all of the Released Parties, and any others acting upon their behalf, from any responsibility or liability for any injury or damage to You, including those caused by the negligent act or omission of the Released Parties or others acting on their behalf, or in any way arising out of or connected with Your participation in the Fitness Services or any activities of Tremont Athletic Club or the use of the Equipment, to the fullest extent of the law.
4. Your Physician’s Consent. You do hereby acknowledge that You have been informed of the need for Your physician’s approval for Your participation in the Fitness Services and use of the Equipment, and You further acknowledge that You have either had a physical examination and been given Your physician’s permission to participate in the same, or You have decided to participate without the approval of Your physician and hereby assume all responsibility for Your participation and actions. You agree to furnish Tremont Athletic Club with any documentation requested by it from Your physician, and You agree to specifically set forth any physical limitation You are aware of in the Section below. You further acknowledge and agree to undergo frequent physical examinations (not less than one per year) to monitor your participation in the Fitness Services and use of the Equipment to detect potential health risks to You.
5. Your Physical Limitations. You do hereby declare yourself to be physically sound and suffering form no condition, impairment, physical characteristic, disposition, disease, infirmity, or illness that would prevent or limit Your participation in the Fitness Services or use of the Equipment.
6. Necessary Medical Treatment. In the event of a medical emergency, You authorize Tremont Athletic Club to perform CPR or obtain medical treatment for You, and you have disclosed any limitations on prospective medical treatment to Tremont Athletic Club.
7. No Warranties. TREMONT ATHLETIC CLUB MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE QUALITY, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR ANY PURPOSE THE FITNESS SERVICES OR THE EQUIPMENT, ALL OF WHICH ARE HEREBY EXCLUDED AND DISCLAIMED. THE FITNESS SERVICES AND THE EQUIPMENT ARE PROVIDED TO YOU ON AN “AS IS AND AS AVAILABLE” BASIS.
8. Miscellaneous. This Release of Liability shall be binding upon and inure to the benefit of the parties hereto and their heirs, representatives and assigns, including any claims, demands, and causes of action arising from Your participation in the Fitness Services and use of the Equipment. The invalidity or unenforceability of any term or provision of this Release of Liability shall in no way impair or affect the remainder thereof, which shall continue in full force and effect. If any governing law or statute shall limit the enforceability any provision of this Release of Liability, including, but not limited to, the Ohio Prepaid Entertainment Contract Act, then the provision shall be enforced to the maximum extent allowable by said governing law or statute. The laws of the State of Ohio shall govern this Release of Liability.
YOU HAVE READ THIS RELEASE OF LIABILITY, YOU UNDERSTAND THE TERMS OF THIS LEGALLY BINDING AGREEMENT, YOU ASSUME THE RISKS SET FORTH HEREIN AND RELEASE TREMONT ATHLETIC CLUB FROM ANY LIABILITY REGARDING THE SAME, AND YOU HAVE NEGOTIATED WITH TREMONT ATHLETIC CLUB TO BE BOUND HEREBY.
Intending to be legally bound, the parties hereby execute this Release of Liability as of the following date:
ACCEPTED and AGREED to: