DO NOT SIGN THIS AGREEMENT UNTIL YOU READ AND AGREE TO THE
FOLLOWING; IT CONTAINS A WAIVER AND RELEASE TO WHICH YOU WILL BE BOUND.
Waiver and Release
Use of the equipment in this facility is inherently dangerous. I will be using heavy weights and machinery. By entering into this agreement, I under stand and agree that use of this facility. Including, but not limited to gym facilities, locker rooms and studios, as well as any and all equipment contained therein and part1c1pat1on 1n any class, exercise, personal training or instruction is done at my OWN RISK of injury or loss. I understand this is an advanced fitness facility and instruction in the use of the equipment is not included in my membership. This facility, its owners, agent and employees will not be liable for any injuries or damages I sustain to me or my property or sustained by any guest I bring up the premises arising from use of the facility, its equipment or activities performed on the premises. I agree to release and discharge this faal1ty, its owners, agents, employees, affiliates, successors and licensors (Alaska Fitness) from any and all claims, injuries, loss or causes of action (known or unknown) arising out of or during the use of this facility described herein as well as the use of all equipment contained therein and participation in any lass, exercise, personal training or instruction, including those arising from the negligence of this facility, its owners, agents, employees, affiliates, successors and licensors. I also agree to defend, indemnify and to hold the facility, its owners, agents,employees, affiliates, successors and licensors harmless from all such claims, injuries, loss or causes of action as described above, whether to me or my guest. I understand my agreement to this waiver and release provision is additional consideration for the facility to enter into the membership agreement with me.
It is agreed that this facility, its owners, agents, employees, affiliates, successors and licensors shall not be responsible or liable to me or my guests for articles lost or stolen in t e gym nor shall they be liable for loss or damage to any to any other property, including automobiles or other forms of transportation used by me or my guests, including contents contained therein. In addition, this facility, its owners, agents, employees, affiliates, successors and licensors shall not be liable to me or my guests for damages caused by another member of this facility or their guests.
I acknowledge I have read and understood this waiver and release agreement and freely consent to its terms. I understand it is a waiver of liability. I am waiving any current or future right that I may have to sue the parties released herein. THERE ARE DEFINITE RISKS WHICH CANNOT BE AVOIDED ASSOCIATED WITH THE ACTIVITIES TO BE PERFORMED AT THE FACILITY WHICH IS THE SUBJECT OF THIS AGREEMENT. It is my intent to give full implementation and enforcement of all the provisions of this agreement.
Rules and Regulations
I acknowledge that I have received and will comply with the rules and regulations of Alaska Fitness. I acknowledge that this document comprises the entire agreement between me, and Alaska Fitness which consists of one two-sided document and that no other agreement shall change this one unless in writing and signed by both myself and Alaska Fitness. I understand that my membership is nontransferable. I understand that I am the only person authorized to use this membership. I understand that the class schedule, class instructors, training staff and hours of operation are subject to change at any time without advance notice. I understand that all members are responsible for checking in at the front desk when entering Alaska Fitness. Checking in consists of scanning or presenting your membership card to the front desk attendant and understand the cost for a replacement card is $5.00. I understand at any time the front desk staff may ask to see a photo identification to confirm identity, and may deny entry to anyone failing to do so. No person other than a certified Alaska Fitness trainer may conduct any training of any Alaska Fitness member or guest. Any person impeding the business of Alaska Fitness will lose their right to membership. Member is not relying on oral representations in entering into this agreement and this agreement constitutes entire agreement.
Transferring and Assignment of Contract
We may sell, assign, or transfer our right to receive payment from you to a finance company, bank or other institution. You will be notified of such transfer. Neither you nor any member may sell, assign, or transfer a membership, or any right thereto.
You are in default of this agreement if: (1) You or any member covered by this contract fails to obey any present or future club rule, (2) We do not receive an installment payment on or before its due date.
Our Rights upon Default
In the event you default on this agreement, including the violation of any rule in effect. We may suspend or revoke your membership privileges. Additionally, should default (as defined above) be made on any monthly installment, the entire remaining balance due hereunder shall be immediately due and payable to Alaska Fitness. At the option of Alaska Fitness, the balance due shall bear an interest rate of 18°/o per annum from the date of default regardless of whether or not you use the facilities of Alaska Fitness or be charged 18°/o per annum on any installment that is more than 10 days past due (on or before its due date). You also agree to pay for all costs of collection, including but not limited to;
collection agency costs, court costs, and reasonable attorney fees if necessary.
I understand that I will not receive monthly statements and I am responsible for either mailing my monthly payment to Alaska Fitness at 2700 “A” Street, Suite B. Anchorage Alaska 99503 or bringing the payment to this address. I also understand dues that are 10 days late are subject to a $20.00 fee.
A $20.00 fee will be charged for any returned checks.
Freeze requests must be submitted in writing on a Freeze Form at Alaska Fitness. Maximum Freeze length is three (3) months.
Monthly auto-pay memberships: While your membership is frozen the monthly auto-pay will be $25.00 per month. Your scheduled dues payment will resume at the end of the freeze. You are still required to complete the terms of your membership agreement and make all required dues payments to satisfy the terms of your agreement. The freeze time is added on to the back end of your membership.
Paid-in-full memberships: Cannot be frozen.
Terms of Cancellation
Subject to the following cancellation rights, this application shall become a binding agreement when signed by me and accepted by Alaska Fitness. Relocation of more than 25 miles from Alaska Fitness is the only acknowledged reason for cancellation. And requires submission of sufficient proof of establishing permanent residence, (sufficient proof of permanent residence must be two of the following: a copy of a signed lease or deed of sale or a bill from a utility company). The cost of cancellation due to permanent relocation is $100.00 or two (2) months membership fee, whichever is greater. No other reasons will be considered.
Buyer’s Right to Cancellation
You, the buyer, may cancel this agreement at any time prior to midnight of the third business day of the Gym after the date of this agreement without penalty, excluding Sundays and holidays.
After the three day write of rescission has expired all cancellation requests require a signed, dated written notice of your intent to cancel must be submitted. Such a notice should be sent or delivered to Alaska Fitness, 2700 “A” Street, Suite B. Anchorage, Alaska 99503. Any refund due will be mailed within 30 days of approval by Alaska Fitness. You have the right to cancel this agreement, if we go out of business or move our facilities more than five driving miles from the business location designated. Any such refund shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. Our business location shall not be deemed out of business when temporarily closed for repair or renovation of the premises: (a) upon sale, for not more than 14 consecutive days; or (b) during ownership’s for not more than two (2) periods or seven (7) consecutive days in a calendar year. In the event we go out of business you should contact the Department of Agricultural and Consumer Services within 60 days from that date.
Recurring Payment Memberships (EFT)
If you decide to cancel your EFT (auto-pay) form of payment during an active contract period, a thirty (30) day written notification must be provided to Alaska Fitness to cancel this form of payment. However, you agree to pay the remaining balance due on the contract in full immediately following the cancellation of the EFT billing. The balance will be paid in full no later than twenty (20) days following this notification.
Restrictions of Cancellation
If you fail to use your membership and do not use our program and facilities, you are not relieved of your payment obligation regardless of the circumstances, except as provided in this agreement.
Prices Subject to Change
Alaska Fitness will provide a 30 day written notice for any price changes.
This facility, its owners, agents and employees will not be held liable for personal property lost or stolen. Please secure your property with a lock in the locker room.