Legal
The club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise classes. All exercises, including the use of free weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the member's sole risk. Member understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be member's entire responsibility, and the Club shall not be liable to member for any claims, demands, injuries, damages, or actions arising due to injury to member's person or property arising out of or in connection with the use by member of the services, facilities, and premises of the Club. Member hereby holds the Club, its officers, owners, agents, and employees harmless from all claims which may be brought against them by member or on member's behalf for any such injuries or claims.
If by reason of death or permanent disability, the buyer is unable to continue the membership, buyer or buyer's estate shall be relieved from the obligations of this contract. Any prepaid amount will be forfeited by the member as well as the initial $50 enrollement fee. Should member permanently move their residence more than 25 miles from an affiliated area, this agreement will be suspended as long as 30 days notice is provided. Member agrees to follow club rules as promulgated from time to time. Violation of these rules may be the cause for suspension of or cancellation of membership.Member also agrees to keep Average Joe's Fitness informed of any changes in payment method including credit card expirations and account number changes. Failure to notify Average Joe's may result in additional non-refundable fees.Member understands that this is a private facility and member will be liable for cost of all unauthorized entries under registered keyfob number. A charge will be applied to authorized member's account that is non-refundable if any access is granted by member per incident in the amount of $50. Member is responsible to secure keyfob and is liable in the event of unauthorized entry at the same charge whether or not the access was assumed authorized or unauthorized. Member is responsible for all damages incurred by an unauthorized member. Club owners reserve the right to cancel a member's contract without notice if continued violation of this agreement is noted without refund of any unused account credits plus one month of full membership.Member also understands that failure to notify Average Joe's Fitness that they are employed or anyway affiliated with a competitor, that will result in a immediate termination of membership, no refunds will be given. A charge of $200.00 will be assessed from the date of discovery. Average Joe's Fitness reserves the right to prosecute for any and all business losses resulting from members failure to disclose.Club owner's reserve the right to deny membership to anyone who works for, is related to, affiliated with or sponsors a competitor in anyway if a threat to the success of AJF is perceived in anyway.ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE BUYER/MEMBER COULD ASSERT AGAINST THE CLUB AS A RESULT OF THES CONTRACT. RECOVERY BY THE BUYER/MEMBER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER/MEMBER TO THE CLUB PURSUANT TO THIS CONTRACT. YOU THE BUYER MAY CANCEL THIS AGREEMENT BY MIDNIGHT OF CLUB'S THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, AND SUCH CANCELLATION MUST BE IN WRITING TO THE CLUB. IN THE EVENT THE CLUB CLOSES AND CEASES DOING BUSINESS, YOU ARE NO LONGER OBLIGATED TO MAKE PAYMENTS UNDER THIS AGREEMENT.