TERMS AND CONDITIONS
MEMBERSHIP CARD: Membership card must be presented upon request of gym personnel. Without your membership card you may be denied use of the gym If membership card is lost or Stolen. you MUST purchase a new card for a fee of $5.00.
NO CHILDREN UNDER THE AGE OF FOURTEEN (14) ARE ALLOWED IN THE GYM AT ANY TIME. IT IS A MEMBER'S RESPONSIBILITY TO PROVIDE BABYSITTING SERVICE FOR MINORS. THE GYM DOES NOT PROVIDE A BABYSITTING SERVICE. MEMBERS SHALL NOT BRING CHILDREN INTO THE GYM. NO EXCEPTIONS.
VIOLATIONS OF POSTED RULES AND REGULATIONS Reasonable rules and regulations may be posted from time to time at the club regarding health. protection or safety of members. and all Members shall be subject to strict compliance therewith. Failure by Member to comply shall permit Seller to revoke the Membership Agreement, said revocation to be effective upon malice to Member.
LIMITATION OF SELLER'S LIABILITY: BUYER REPRESENTS. WARRANTS AND ACKNOWLEDGES THAT THE BUYER IS IN GOOD PHYSICAL CONDITION AND ABLE TO UTILIZE SELLER'S EQUIPMENT AND FACILITIES AND PERFORM THE EXERCISES RECOMMENDED BY SELLER IN CONSIDERATION FOR THE MEMBERSHIP GRANTED HEREBY. BUYER RELEASES SELLER AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS FROM ANY AND ALL LIABILITY, CLAIMS AND CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, FOR PERSONAL INJURIES TO THE BUYER RESULTING FROM, OR IN ANYWAY RELATED TO OR CONNECTED WITH, THE USE OF THE CLUB, INCLUDING BUT NOT LIMITED TO, USE OF ALL FITNESS AND EXERCISE EQUIPMENT, INCLUDING THOSE CAUSED BY SELLER'S NEGLIGENCE
MEMBER'S RESPONSIBILITY AS TO USE OF THE GYM: You, (Buyer each Member and all guests) should consult with your physician before using our services and facilities. You understand and acknowledge that we have no expertise in diagnosing, examining, or treating any medical condition. You agree you will not use the facilities with any medical condition, including open cuts, sores, infections, whether bacterial or viral, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health and safety of yourself or others, and agree you will use the facilities in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of the medical conditions exists and, if so, whether such condition poses a direct threat to the health and safety of yourself or others. The gym reserves the right, however, to make the final determination in this regard.
ACCIDENTS: All exercise and use of all facilities shall be undertaken by Member at Member's sole risk. The member represents that the member carries their own accident and health insurance policy to cover any personal injuries to them personally or which they may cause to others. The members agrees to cover their own insurance claims and acknowledge that the membership cost reﬂects the savings of the gym due to the fact that the member provides their own health insurance and not the gym.
OTHER CANCELLATION RIGHTS: YOU MAY CANCEL YOUR CONTRACT AT ANY TIME BY GIVING 30 DAYS WRITTEN NOTICE MAILED W MAIL TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. ACCOMPANIED BY PROOF OF PAYMENT OF THE CONTRACT. THE WRITTEN NOTICE MUST BE MAILED CERTIFIED MAIL TO THE FOLLOWING ADDRESS' PARK CITIES PERSONAL TRAINING. CANCELLATION DEPARTMENT AT 4514 TRAVIS ST., SUITE 114, DALLAS, TX 75205. ALL CANCELLATIONS SHALL TAKE EFFECT THIRTY (30) DAYS AFTER YOU GIVE NOTICE. ALL FEES AND DUES SHALL BE PAID THROUGH THE END OF THAT PERIOD.
DEFAULT: You will be in Default if you breach any of this contract's terms or conditions. if you fail to pay any installment within 30 days after the date such installment is due, or if you repudiate this contract in writing. If you are in Default your membership privileges may be denied. Acceptance of any payment after default will not release Buyer from any obligations under this contract. After the scheduled end of your payments under this contract, you agree to pay interest at the Annual Percentage Rate stated on the front of this contract on that part of the amount ﬁnanced that you still owe. We may get a court judgment against you for the amount you still owe and you agree to pay any court costs and reasonable lawyer's fees, where permitted, involved in collecting amount owed under this contract, as determined by a court. Any judgment will bear interest at the highest rate allowed by law.
DISHONORED CHECK CHARGE: Buyer agrees to pay a $20.00 fee or the maximum amount permitted by EM (including our costs and expenses incurred in connection with the collection of any returned check or other item, (where permitted) fer any returned Check or other item.
SIGNERS OF AGREEMENT: If there are more than one of you signing this contract. each of you is individually responsible to fully perform all obligations under this contract and to make all payments when due. It is your responsibility to know whether this contract is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings. except as otherwise provided in this contract or by Law.
ENTIRE CONTRACT: No oral promises, statements. warranties or representations. either express or implied. are included in this contract, or in addition or contrary to any written part or portion of this contract. This contract and any addendum constitute the entire agreement between Buyer and Seller.
PAID IN FULL MEMBERSHIPS: Paid in full memberships are non refundable. The discount price is on behalf of the upfront agreement for that prepaid period of time.
Park Cities Personal Training is not responsible for any item brought into the facility and not our responsibility if lost or stolen. All valuables should be locked up.
PERSONAL TRAINING: There is no employment of any trainers by Park Cities Personal Training. Trainers are all independent and the gym assumes no financial responsibility for their positions.
GOVERNING LAW: This contract is governed by the laws of the State of Texas. Venue for any lawsuit arising thereunder is Dallas County, Texas. This contract is subject to Texas law which is enforced by the Consumer Credit Commissioner. 2601 North Lamar Boulevard, Austin. Texas 78705-4207; Phone: (512) 479-1285, (800) 538-1579.
MISCELLANEOUS: The provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provision shall nevertheless be enforceable. Our failure to enforce any remedy or provision of this contract shall not be construed as a waiver of such remedy or provision.