240 State Route 31 Macedon NY 14502

877-253-8214

Membership Agreement

Information Required

Full Name:

Address:

Email:

DOB:

Photo ID & Picture Required:

Health questioner

Must be over 18 to join and or in a student athlete program that is suppervised with VIP staff.

The undersigned (hereinafter referred to as "Member"), desires to become a member of VIP Fit Club, LLC (hereinafter referred to as “VIP Fit Club”), hereby acknowledges and agrees to the following terms and conditions:

1. MEMBER REPRESENTATIONS. Member represents and warrants that all facts stated in the Health Assessment Questionnaire submitted by the Member are true and correct.

2. PAYMENT OF MEMBERSHIP FEES. All payments to VIP Fit Club are final and can be made by one of the following options:

□ Annual Payment: Under this option, a payment in the amount of $___________ must accompany the Application.

□ Monthly Draft Payment: Under this option, a payment in the amount of $___________ must Accompany the Application.

Should Member select the Monthly Draft Payment option, the Member agrees to pay the then-current monthly Membership Fees for each subsequent month thereafter through automatic withdrawals from an account maintained by the Member in a financial institution, pursuant to a debit authorization form signed by the Member.

3. TERM. All memberships to VIP Fit Club are either month-to-month or annual (when paid in full), and payments are due in advance. Automatic drafts will not be canceled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of VIP Fit Club or by electronic means (i.e., email). No refunds will apply.

4. CANCELLATION RIGHTS. A member may cancel this contract within THREE (3) days (“Rescission Period”) of the date of this contract for any reason without penalty or further obligation and shall have a full refund of all Membership Fees paid. Member’s request to cancel must be in writing and received by VIP Fit Club prior to the expiration of the Rescission Period.

Member also has the right to cancel his or her Membership and receive a full refund of your then-paid Membership Fees if said request is made in writing to VIP Fit Club within the first thirty (30) days of your initial Membership period and accompanied by a physician’s note specifically prohibiting the Member from engaging in any of the activities and/or services offered by VIP Fit Club. Member will not be entitled to a refund of any portion of your then-paid Membership Fee after the Member’s first thirty (30) days.

Any refunds to which the Member is entitled shall be paid within fifteen (15) business days of VIP Fit Club’s receipt of your notice of cancellation.

If the Member dies, your Estate shall be relieved of any further obligation for payment under this contract not then due and owing. Member’s Estate, however, will not be entitled to a refund of any Membership Fees that you pre-paid prior to your passing.

5. DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater. Any account that is more than twenty (20) days old shall result in the Member being deemed to be in default of this agreement. If the Member’s contract is in default, meaning that you have breached any of the terms of conditions of this agreement, including payment obligations, the membership privileges of all Members under this agreement may be terminated, while any Membership Fee obligations will remain due and payable. Member agrees to pay any court costs and reasonable attorney’s fees incurred in collecting amounts owed under this agreement.

6. RELEASES AND WAIVER OF LIABILITY. Member recognizes that there are hazards and risks associated with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member should secure medical clearance from his or her treating physician before undertaking any new exercise or fitness routine.

*VIP Fit Club has no expertise in diagnosing or treating any medical condition. Member should consult with your physician before undertaking any new exercise or fitness routine, whether you are generally healthy or have a history of health issues, including heart disease. You agree not to use VIP Fit Club’s facilities with any condition that poses a threat to the health or safety of yourself or others, including the inability to maintain personal hygiene, open cuts or sores. VIP Fit Club reserves the right to make the final decision in this regard.

Member agrees to defend, indemnify, and hold harmless VIP Fit Club any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property Damage arising out of the negligent or intentional action of Member. Member further agrees to release VIP Fit Club and its owners, officers, agents, employees, and/or affiliates from any and all liability arising out of injury to Member, and further agrees to defend, indemnify and hold VIP Fit Club its owners, officers, employees and/or affiliates free and harmless from against the same.

7. RULES AND REGULATIONS. Member acknowledges that VIP Fit Club operates under rules and a regulation established for the safety and protection of its members and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by VIP Fit Club. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations, and policies are subject to change from time to time, without prior notice, in the sole discretion of VIP Fit Club. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:

a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by VIP Fit Club.

b. Member will not misuse the equipment.

c. All members must be at least eighteen (18) years of age unless otherwise authorized by VIP Fit Club.

d. VIP Fit Club shall not be responsible for any lost or stolen items. Member assumes full responsibility for the care and safe keeping of all items brought onto the premises.

8. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at VIP Fit Club while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No weapons of any kind are allowed. No Music via speakers or phone. Headphones must be worn while listening to a device.

9. DRESS POLICY. VIP Fit Club requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes and black-soled shoes are prohibited within the Facility. Bring a Clean pair of indoor training shoes that have not been worn outside. This policy ensures that members wear shoes they have not worn outside, reducing the amount of dust, dirt, and external elements they can track into the gym and onto the machines, flooring and helping maintain cleanliness standards.

10. MEMBERSHIP TYPES. VIP Fit Club offers the following membership levels:

• 24/7 Access Membership.

• Small Group Training Membership:

• Online Programs

• Daily Drop-In Rate for 24/7 Gym: Per Day $20.00

• Annual Membership Discounts Available (Pre-payment Required): $ based on Membership level

11. SUSPENSION AND TERMINATION. I understand that VIP Fit Club may suspend or terminate my membership at any time, in its sole and absolute discretion, for non-payment of Membership Fees or for violation of any of VIP Fit Club policies and procedures, and that in so doing, VIP Fit Club assumes no further liability to adhere to the terms of this Agreement.

12. INDEPENDENT CONTRACTOR SERVICES. VIP Fit Club does not warrant or guarantee the quality of any independent contractors rendering services on its premises, nor does it guarantee that such services will remain available.

13. RESERVATION OF RIGHTS. VIP Fit Club reserves the right at any time to alter the hours of operation, and to amend the cost of, add, modify and/or eliminate any program, facility, activity, class or service, in our sole discretion. Classes and equipment are available subject to demand.

14. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update VIP Fit Club any change in my contact information (including address, telephone number or email address) or change in credit information.

15. MISCELLANEOUS: The provisions of this agreement are severable. If any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provision shall continue to be enforceable unless otherwise prohibited by law. VIP Fit Club’s failure to enforce any remedy or provision of this agreement shall not be construed as a waiver of our rights. This agreement is governed by the laws of the State of New York, and the Member agrees that any legal proceedings stemming from this agreement, its interpretation or the services made available to the Member through it shall be venued in the county in which VIP Fit Club is situated when any such claim is made.

I certify that I have read the foregoing Membership Agreement and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.