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TERMS OF USE

Fitness Factory Teaneck 

  1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.

  2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.

  3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.

  4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.

  5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.

  6. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.

  7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.

  8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.

  9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.

  10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.

  11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.

  12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

  13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

  14. Member expressly consents to being contacted by THE CLUB via an automated telephone dialing system (ATDS) or automated texts or voice calls for informational and/or promotional purposes at either one of the above phone numbers. Such consent is voluntary and is not a condition of purchase of any goods or services with THE CLUB and may be revoked at any time by the undersigned via written request to THE CLUB attention General Manager at the above address or attention General Manager at email address: careteaneck@fitnessfactorygym.com

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