IRON WORKER GYM
RETAIL MEMBERSHIP
AGREEMENT
1. AGREEMENT made
by and between Iron Worker
Gym (referred to herein as either
"Gym" or "seller")
with offices at IRON WORKER GYM Address
and undersigned (referred to in this Agreement
as either "Member," "You," "Consumer," or "Buyer").
2. PURCHASE OF MEMBERSHIP: IRON WORKER GYM agrees to sell and Member agrees to
purchase on the terms and conditions set forth in this
Agreement, a membership ("Membership") in
IRON WORKER GYM fitness center (sometimes referred to in this Agreement
individually as the "Club" or collectively as the
"Clubs").
3. MEMBERSHIP: The member shall be the sole owner of the
Membership. The Membership shall entitle the Member to the
use of IRON WORKER GYM fitness facilities, at all times when
IRON WORKER GYM is open
for business. Member must be 18 years of age or older.
4A. CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS
CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN
SEVEN (7) DAYS FROM THE DATE OF THIS CONTRACT. Notice of
cancellation shall be in writing subscribed by the Member
and mailed by registered or certified United States mail to
the Seller at the address specified above. Such notice shall
be accompanied by the Agreement form, membership card and
any other documents or evidence of Membership previously
delivered to the Buyer. All money paid pursuant to this
Agreement shall be refunded within fifteen (15) business
days of receipt of such notice of cancellation. If the Buyer
has executed any credit or loan agreement to pay for all or
part of the fitness facilities services, any such instrument
executed by the Buyer shall also be returned to Buyer within
fifteen (15) days.
4B. ADDITIONAL RIGHT TO CANCELLATION: You may also cancel
this Agreement for any of the following reasons: (i.) If
upon a doctor's order, you cannot physically receive the
services because of a significant physical disability for a
period in excess of six months. (ii.) If you die, your
estate shall be relieved of any further obligation for
payment under the Agreement not then due and owing. (iii.)
If you move your residence more than 25 miles from any
health club operated by Seller. (iv.) If the services cease
to be offered as stated in the Agreement
4C. TERMS OF CANCELLATION: All money paid pursuant to
this Agreement if canceled for the reasons contained in this
subdivision shall be refunded to Member within fifteen (15)
days of Seller's receipt of such notice of cancellation;
provided however, that Seller may (i.) required reasonable
evidence for cancellation pursuant to the above reasons;
(ii.) retain a processing fee of $50 and the portion of the
total price representing the services used or completed;
(iii.) demand the reasonable cost of goods and services
which the Buyer has consumed or wishes to return after
cancellation of Agreement. In no instance shall the Seller
demand more than the full Agreement price from the Buyer. If
the Buyer has executed any credit or loan agreement to pay
for all or part of the health club services, any such
instrument executed by the Buyer shall also be returned to
Buyer within fifteen (15) days. If Member cancels this
Agreement pursuant to this Paragraph 48(i.) (doctor's order)
or Paragraph 48 (iii.) (change of residence), Member will
provide IRON WORKER GYM
with written substantiation of such grounds for cancellation
on forms to be supplied by Iron Worker
Gym.
4D. NON-RECOUPMENT OF INITIATION FEE: After the seven (7)
day period as specified in section 4A, Member has been
informed, understands and agrees that the initiation fee
paid by Member represents Iron Worker
Gym actual costs for (i.) processing the
Membership, including computer programming charges and ID
Card issuance; (ii.) new member orientation (including
fitness orientation training); and (iii.) distribution of
instructional and educational material. If Member cancels
this Agreement after the seventh day of Membership, Member
will not be entitled to a refund of any portion of the
initiation fee unless Member cancels this Agreement under
paragraph 4B.
4E. PROMOTIONAL MONTHS: Member agrees that if Member
received any free months as an inducement to enter into this
Agreement or as a result of referring new members, such free
months shall not be considered in computing the amount of
any refund to which Member shall be entitled.
5. MEMBERSHIP FORMS:
5a. Six Month Membership Form
5b. One Year Membership Form
5c. One Year Couples Membership Form
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