FITNESS FACILITY MEMBERSHIP AGREEMENT
NOTICE: THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING THIS AGREEMENT, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. PLEASE READ CAREFULLY BEFORE SIGNING.
This Membership Agreement (“Agreement”) is entered into between Onyx Performance Institute, P.C., located at 2140 Silver Heights Blvd, Silver City, NM, 88061 (“Facility”), and the undersigned individual (“Member”) on [Date].
1. Membership Terms
a. Membership Type: Member has selected the following membership plan: [Membership Type, e.g., Monthly, Annual, Family, etc.].
b. Term: The membership term begins on [Start Date] and continues as follows:
- [ ] Month-to-Month: Renews automatically each month until terminated as provided below.
- [ ] Fixed Term: Continues for [e.g., 12 months] from the start date, with automatic renewal unless terminated as provided below.
c. Membership Fees: Member agrees to pay the following fees:
- Initiation Fee: $[Amount], due upon signing.
- Monthly/Annual Fee: $[Amount], due [e.g., on the 1st of each month or annually].
- Other Fees: [e.g., late fees, equipment fees, personal training fees, as applicable].
Payments shall be made via [Payment Method, e.g., credit card, bank draft] to Onyx Performance Institute, P.C..
d. Fee Adjustments: Onyx Performance Institute, P.C. reserves the right to adjust membership fees with [e.g., 30 days] written/electronic notice to Member. Continued use of the Facility after such notice constitutes acceptance of the adjusted fees.
2. Member Obligations
a. Compliance with Rules: Member agrees to comply with all Facility rules, policies, and procedures, which may be updated at Onyx Performance Institute, P.C.’s discretion with reasonable notice. Rules include, but are not limited to, proper use of equipment, dress code, and conduct toward staff and other members.
b. Health Representation: Member represents that they are in good physical health and capable of participating in fitness activities. Member agrees to consult a physician before beginning any exercise program and to notify Onyx Performance Institute, P.C. of any medical conditions that may affect participation.
c. Personal Property: Member acknowledges that Onyx Performance Institute, P.C. is not responsible for lost, stolen, or damaged personal property brought to the Facility.
d. Photo/Video Consent: Member consents to Onyx Performance Institute, P.C. using photographs or videos of Member taken at the Facility for promotional purposes, unless Member provides written notice opting out.
3. Cancellation and Termination
a. Member Cancellation:
- Month-to-Month Membership: Member may cancel with [e.g., 30 days] written notice to Onyx Performance Institute, P.C. Cancellation is effective at the end of the billing cycle following the notice period.
- Fixed-Term Membership: Member may cancel at the end of the initial term with [e.g., 30 days] written notice. Early termination may be permitted under the following conditions:
- Relocation: Member provides proof of relocation more than [e.g., 25 miles] from the Facility.
- Medical Incapacity: Member provides a physician’s note verifying inability to use the Facility.
- Other: [Specify any additional state-required grounds, e.g., death, disability].
Early termination may incur a fee of $50 or as required by applicable law.
- Cancellation requests must be submitted in writing to [2140 Silver Heights Blvd, Silver City, NM, 88061).
b. Facility Termination: Onyx Performance Institute, P.C. may terminate this Agreement for any of the following reasons:
- Non-payment of fees after [e.g., 10 days] written notice.
- Violation of Facility rules or policies.
- Conduct that endangers the safety or well-being of others, as determined by Onyx Performance Institute, P.C. in its sole discretion.
Upon termination, Member shall remain liable for any outstanding fees or charges.
c. Statutory Cancellation Rights: Member may have additional cancellation rights under state law, including but not limited to a [e.g., 3-day] cooling-off period from the date of signing. Contact Onyx Performance Institute, P.C. or consult applicable state law for details.
4. Billing and Payment
a. Automatic Payments: Member authorizes Onyx Performance Institute, P.C. to charge the designated payment method for all fees due under this Agreement. Member must notify Onyx Performance Institute, P.C. of any changes to payment information at least [e.g., 10 days] before the next billing cycle.
b. Late Payments: Late payments incur a fee of $10 and may accrue interest at [e.g., 1.5% per month] or the maximum rate allowed by law.
c. Non-Sufficient Funds: A fee of $25 will be charged for any returned payments due to insufficient funds or invalid account information.
d. Collection Costs: Member agrees to pay all costs, including reasonable attorney’s fees, incurred by Onyx Performance Institute, P.C. to collect unpaid fees.
5. Limitation of Liability
To the fullest extent permitted by law, Onyx Performance Institute, P.C., its affiliates, owners, employees, and agents shall not be liable for any direct, indirect, incidental, or consequential damages arising from Member’s use of the Facility or participation in activities, except as prohibited by applicable law. Member’s sole remedy for dissatisfaction is to terminate this Agreement as provided herein.
6. Governing Law and Dispute Resolution
a. Governing Law: This Agreement shall be governed by the laws of New Mexico, without regard to its conflict of law principles.
b. Dispute Resolution: Any disputes arising under this Agreement shall be resolved through [e.g., mediation, arbitration, or litigation in Grant County, NM], as permitted by law. Member agrees to waive any right to a jury trial where applicable.
c. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If a court determines that a provision is invalid but could be enforceable if limited, such provision shall be construed and enforced as limited to the extent permitted by law.
7. Miscellaneous
a. Entire Agreement: This Agreement, together with any signed Waiver and Release of Liability, constitutes the entire understanding between Member and Onyx Performance Institute, P.C. and supersedes any prior oral or written agreements. No oral modifications to this Agreement shall be valid.
b. Assignment: Member may not assign or transfer this Agreement without Onyx Performance Institute, P.C.’s written consent. Onyx Performance Institute, P.C. may assign this Agreement to a successor entity.
c. Notices: All notices under this Agreement must be in writing and delivered to [2140 Silver Heights Blvd, Silver City, NM, 88061] for Onyx Performance Institute, P.C. or to Member’s address or email on file.
d. Force Majeure: Onyx Performance Institute, P.C. shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, government regulations, or Facility closures.
8. Acknowledgment
I certify that I am at least 18 years of age (or have a parent/guardian’s consent if under 18), have carefully read this Agreement, and fully understand its terms. I am signing this Agreement freely and voluntarily, without duress or coercion, and understand that it is a legally binding contract.
Member’s Name:
Member’s Address:
Member’s Email:
Signature: _____________________________
Date:
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PARENT/GUARDIAN CONSENT FOR MINORS
If the Member is under 18 years of age, this section must be completed by a parent or legal guardian:
I certify that I am the parent or legal guardian of [Minor’s Name], the Member named above, and I give my consent without reservation to the foregoing Agreement on behalf of the minor. I understand that by signing, I am agreeing to the terms and conditions on behalf of the minor.
Parent/Guardian Name:
Relationship to Minor:
Signature: _____________________________
Date: