Terms and Conditions of Contract
PROMISE TO PAY: Buyer promises to pay Seller or to Seller's order the Buyer Cash Down Payment and the Total of Payments according to the payment schedule shown above. Buyer shall make all payments to Seller at the address shown above unless Seller notifies Buyer in writing to make payments to a different address. BUYER UNDERSTANDS THAT THIS IS A CONTRACT AND IS LEGALLY BINDING.
TERMS OF MEMBERSHIP AND RENEWAL PROVISIONS:
Any unpaid monies as defined in our contract may be referred to a third party collection agency. The agency we use charges 35% of the unpaid balance due at the time it is turned into them. Those fees become your responsibility in addition to the principle balance owed. In addition to collection costs and accrued interest, you will also be liable for all attorney's fees and court costs associated with litigation resulting from non-payment.
All month to month memberships also require a 30 day written notice to cancel.
Buyer agrees that Buyer is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guest or to the property of either. Buyer further agrees to indemnify the Seller of any loss caused by Buyer for which the Seller is accused and held liable, including any reasonable attorney's fees.
payment, regardless of the circumstances, and your membership is absolutely nontransferable, no-assignable, no-refundable, and non-cancelable except provided in this Contract.
WARNING: If you have a history of heart related disease, you should consult a physical before purchasing a membership and joining this health club. A person entitled to membership privileges under this Contract who has a history of heart related disease should also consult a physician before utilizing the programs and facilities of the Seller.
APPLICABLE LAW: Colorado state law governs this Contract.
INVALID PROVISION: The provisions of this Contract are severable. If any provision in this Contract declined unenforceable, it is the intention of all parties to this Contract that the remainder of the Contract will be valid and enforceable.
LIABILITY: If there is more than one buyer signing this Contract, each Buyer is jointly and severally responsible to perform all obligations under this contract. It is the Buyer's responsibility to know whether this Contract is in default for nonpayment or any other reason.
NO WAIVER OF RIGHTS: If Seller accepts a late or partial payment or delays the enforcement of Sellers rights on any occasion, Seller does not waive itâ€™s rights to have future payments when due or to enforce the provisions of this Contract.
APPLICATION OF PAYMENTS: Seller will apply all payments received to pay the installments (including late charges, if any) in the order in which they are scheduled to be paid.
DISHONORED CHECK FEE: If a check, draft, or order for the payment of money on any bank or other depository submitted by Buyer to Seller as payment is not honored by the bank, then Seller may add a fee of $20.00 or an amount equal to the actual charges by the depository. Restitution for the return of any dishonored instrument will be added to the balance owing by Buyer under the terms of the Contract.
DEFAULT: You are in default if: 1- Seller does not receive an installment payment from Buyer on or before the date it is due; and/or 2- Buyer fails to fulfill one or more of the obligations or promises set forth in this Contract, including, but not limited to, full compliance with health club Rules and Regulations.
ACCELERATION OF PAYMENTS: If you are in default of any terms of this Contract, Seller can immediately without notice demand payment of all unpaid installments.
ATTORNEYS FEES, COLLECTION FEES and COURT COSTS: If Buyer's failure to pay any one or more of the installments due under this Contract results in Seller retaining an attorney for collection of the installments, Buyer shall be responsible for paying reasonable attorney's fees in the amount equal to fifteen percent of the unpaid principal and interest due hereunder.
RULES and REGULATIONS: Buyer understands that violation of the rules may cause Buyers membership in the club to be immediately terminated at the discretion of the Seller. In the event of termination of Buyers membership by Seller for rule violation, Buyers liability for any payments occurring after the date of Buyers membership termination shall cease. Seller reserves the right to make additional rules and regulations as it deems necessary in its sole discretion.
Notice to Buyer: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT ; AND B- YOU ARE ENTITLED TO AN EXACT COPY OF THE PAPER YOU SIGN. YOU HAVE RECEIVED A COMPLIANCE WITH FEDERAL AND STATE LAW.
NOTICE: Any holder of this Contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
I certify that I have read the Rules and Regulations and received a copy for my records. I certify that I have fully read this membership contract and will comply with the contents herein.