Membership Terms

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We, our and us means Johnson Fitness LLC [DBA – Thrive Community Fitness] (hereinafter the “Company”). Throughout this agreement I, you and your mean the buyer (also, “Member”) named above. I understand and agree that neither the Company, nor any of its subsidiaries, owners, officers, employees or agents may be held liable, and I hereby personally assume all risks arising from any occurrences, acts, omissions, or conditions in connection with the use of the facilities, equipment, or services of the Company, that may result in injury, death, or other damages to me, my heirs or assigns, whether said risks are foreseeable or unforeseeable, and further save and hold harmless the Company, its owners, officers, employees or agents from any claim by me, or my family, estate, heirs, or assigns. I have fully read and understand the contents, terms, and conditions of this waiver of liability. I am of lawful age, am legally competent, and sign this document of my own free will. Member agrees to follow Company rules (labeled Additional Terms and Conditions of Agreement below), and as disseminated from time to time. Violation of these rules may be the cause for suspension or cancellation of membership. My failure to regularly attend and utilize center facilities does not relieve me of my obligations in this agreement regardless of the circumstances. If I make a payment that is returned or if an electronic payment is rejected for any reason, I agree to pay a $15.00 service fee, in addition to that payment; plus all other charges assessed by the bank. The Company’s billing company, ABC Financial Services, Inc., and Company management reserves the right to draft via EFT all amounts owed by the member, including any and all service fees and annual membership fees; subject to appropriate State and Federal Law. Failure of the Company to demand or collect a late charge on any payment is not a waiver of the right to collect late charges on any other late payment. Member agrees to pay all collection costs, including, but not limited to, reasonable attorney fees, late charges and litigation costs in the event of any breach.

Annual Membership Fee: Amount $49.00 (plus tax) to be charged to each member. The purpose of the annual Annual Membership Fee is to maintain the equipment and services provided for the facilities. The first draft will occur within ninety days from the members join date and reoccur once per year on the same date until the membership is cancelled.

ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT

LAW APPLICABLE: Washington State law governs this agreement.

ENTIRE AGREEMENT: This agreement comprises the entire agreement pertaining to membership and no other agreement of any kind, verbal or understanding or promise whatsoever will be recognized or binding on the Company.

DUES: The obligation to pay dues is not dependent upon the availability of the Company’s facilities or the Member’s usage of such facilities. Repair or maintenance may, at any time, make it necessary for the Company to restrict the use of, for a temporary period, its facilities. Power outage, weather, or other acts of nature may cause a restricted use of the facilities.

SIGNERS OF AGREEMENT: The primary signer on this agreement represents all members on this agreement and is responsible to communicate Fitness Center rules and policies to addition members on this Agreement. All members on this agreement, or added later, are individually responsible to fully perform the obligations under this agreement.

It is your responsibility to know whether this agreement is in default or that payment(s) have been missed. We are not responsible for notifying you of late payments or any default proceedings unless required to do so under applicable law.

NO WAIVER RIGHTS: We do not waive our right to have future payments made when due, if we accept a late or partial payment or delay the enforcement of our rights on any occasion.

DELINQUENT ACCOUNTS: Any account which is more than thirty (30) days past due, may result in Customer losing all membership privileges. After sixty (60) days said Customer may be terminated and/or sent to collections.

COLLECTION COSTS: If the Customer fails to pay when due any portion of the Initiation Fee, Accrued Dues, or any other charges, he or she shall pay all costs incurred by the Company in collecting such amounts.

EQUIPMENT, SERVICES, RULES, REGULATIONS AND POLICIES

1. EQUIPMENT INCLUDES: Free-weights, circuit weight machines, and cardiovascular exercise equipment. Members are responsible to use all facility equipment in accordance with the Company’s policies and guidelines.

2. CHECK-IN POLICY: All members upon entering any of the Company’s Fitness Center facilities are required to present his or her membership card in order to gain entrance into the facility.

3. MEDICAL ANALYSIS: Customer hereby represents and warrants that he or she is physically sound and that he or she has medical approval to proceed with a normal routine of exercise. The Company is relying on the determination of Customer and member’s physician as to member’s fitness to use the facilities and equipment of the Company and to participate in a physical exercise program. Customer acknowledges that the Company had neither made claims as to medical results nor suggested medical treatments to Member.

4. DAMAGES TO FACILITY: You agree to pay an extra charge for damages arising from any careless use of equipment, or dropping of weights, etc.. directly or indirectly caused by your actions.

5. EXERCISE CLOTHING: Appropriate workout attire must be worn inside exercise area. No exposed metal on pants are allowed. No see-through or inappropriate clothing as solely determined by an employee or representative of the Company. No open toed or open heeled shoes are allowed. Shoes are required.

6. PERSONAL PROPERTY: It is understood and agreed that the company, its’ subsidiaries, and/or its owners, agents and employees are not responsible for lost or stolen articles of clothing or any other lost articles or possessions of personal property.

7. RIGHT TO CANCEL: If you wish to cancel this agreement without penalty, you may cancel it by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the agreement and must be hand delivered or postmarked before midnight of the third business day after you sign this agreement. The notice must be delivered to the Thrive Community Fitness facility where your membership was purchased. If you cancel within the three days, we will return to you, within thirty (30) days, all amounts you have paid.

8. PERSONAL TRAINING: Customer will not perform any personalized training with any Customer or non- Customer without express approval from a manager of any of the facilities owned or operated by the Company.

9. MEMBERSHIP CARDS: A membership card will be issued to each member. A membership card may not be used by any other person than the Customer to whom it was issued. Membership cards must be presented at the Front Desk in order to enter the Center. If a card is lost, a replacement will be issued for a fee of $5.00.

10. CELL PHONES: Members are not allowed to use cell phones in workout areas or in the locker rooms/ bathrooms. All cell phone usage is restricted to lobby or common sitting/lounge areas.

11. RIGHT TO REFUSE SERVICE: The Company and/or its owners, agents and managers reserve the right to refuse and/or revoke membership to any person based on inappropriate conduct exhibited inside a facility operated by the Company. Said conduct includes, but is not limited to: harassment of other members, obscene language or gestures, excessively loud behavior, unsuitable dress, etc.