This AGREEMENT (“Agreement”), made this date, , by and between Main Street Strength, LLC located at 730 Route 304, New City, NY 10956 (referred to in this Agreement as "Seller", "Main Street Strength" or the "Club") and , the undersigned Buyer (referred to in this Agreement as "you" or "Buyer" or "Member" if applicable).
ELECTRONIC FUNDS TRANSFER
I, Buyer, authorize my bank or other financial institution to make my Main Street Strength monthly payment by the method indicated below, and post it to my account.
With respect to Electronic Funds Transfers for weekly payments, I understand that the weekly dues will be and will be transferred weekly beginning on the sale date.
Authorization for Main Street Strength to Maintain My Credit Card or Bank Account Info on File and to Charge My Credit Card or Bank Account for Additional Goods and Services
In addition to monthly payments for membership fees and dues, I, Buyer, authorize Main Street Strength to keep my credit card or other financial institution information identified below on file and to post charges to such account for the cost of additional goods and services which I, Buyer (or the Member if different), purchase at any Main Street Strength location.
Main Street Strength will provide thirty days’ notice to Member of any change in the monthly rate.
I understand this Agreement is for a minimum of 1 week after which time I may terminate my membership at any time by providing 30 days’ written notice either in person at the club or by certified or registered mail to Main Street Strength. If I do not terminate my membership the weekly dues will continue to be deducted each week at the weekly rate then in effect. The Additional Membership Agreement Terms set forth below are part of this Agreement and by signing below I acknowledge and agree to abide by all such Additional Membership Agreement Terms.
>THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS<
New York State law requires certain health clubs to have a bond or other form of financial security to protect members in the event the club closes. This club has posted the financial security required by law.
YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB'S COMPLIANCE WITH THIS LAW. YOU MAY
ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING
SERVICES, 162 WASHINGTON AVENUE, ALBANY, N.Y. 12231
Buyer Right to Cancellation: You may cancel this contract without any penalty or further obligation with written notice by certified or registered mail provided to Main Street Strength within (3) days from the agreement date only. BUYER AND MEMBER EACH HEREBY ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THIS AGREEMENT EXECUTED BY BOTH MEMBER/BUYER AND SELLER. MEMBER/BUYER AND SELLER EACH ACKNOWLEDGE THE ADDITIONAL MEMBERSHIP AGREEMENT TERMS SET FORTH ON THE FOLLOWING PAGES.
I understand that this agreement is for a minimum of twelve weeks, at which time membership may be terminated at any time with 30 days written notice by certified or registered mail to Main Street Strength.
PERSONAL TRAINING AGREEMENT TERMS
- TRAINING MEMBERSHIP (if applicable) - Buyer understands that this membership entitles the buyer to the agreed upon number 1-on-1 personal training sessions per week, the sum of which must be used within 4 weeks.
- TRAINING LOCATION - Buyer understands that these sessions can be conducted in person at Main Street Strength or remotely via internet only in order to ensure completion of 8 sessions every 4 weeks.
COLLECTION OF INFORMATION
We collect personally identifiable information, such as names, phone numbers, postal addresses, email addresses, credit card information and etcetera when it is voluntarily submitted by our members and/or visitors. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password.
Your personally identifiable information is kept secure. Only authorized employees, agents, and contractors who have agreed to keep information secure and confidential have access to this information. All emails, phone calls, mobile text messages, and newsletters from this site allow you to opt out of future marketing communication. We use industry-standard efforts to safeguard the confidentiality of your personal information, including the use of firewalls and secure sockets layer software where appropriate. We do not sell your information to anyone.
Main Street Strength, LLC reserves the right to refuse, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
WAIVER & RELEASE POLICY
Because physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction, training, supervision, or dietary recommendations and (d) your slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.
You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge Main Street Strength, LLC , and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the club for negligence, personal injury or property damage.
I grant Main Street Strength, LLC all rights, titles and interest in any and all photographic images and video or audio recordings made by Main Street Strength, LLC in connection with my membership and participation, including, but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings. I agree that Main Street Strength, LLC may use such photographic images, video and audio recordings with or without my name and for any lawful purpose, including publicity, illustration, advertising, social media and web content.
ADDITIONAL MEMBERSHIP AGREEMENT TERMS
- CONSUMER’S RIGHT TO CANCEL. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE OF THIS AGREEMENT. Notice of cancellation shall be provided in writing by Buyer and mailed by registered or certified United States mail to the Seller at:
Main Street Strength - Membership, 730 Route 304, New City, NY 10956.
Such notice shall be accompanied by the contract forms, membership cards and any other documents of evidence of membership previously delivered to the Buyer. All monies paid pursuant to such contract shall be refunded within fifteen (15) business days of receipt of such notice of cancellation. If the Buyer has executed any credit or loan agreement to pay for all or part of club services, any such negotiable instrument executed by the Member or Buyer shall also be returned within fifteen (15) business days.
- ADDITIONAL CANCELLATION RIGHTS; You may also cancel this Agreement by providing 30 days’ written notice in person at the Club or by certified or registered mail for any of the following reasons:
- A) If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months;
- B) If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing;
- C) If you move your residence more than twenty-five miles from any health club operated by Seller (must provide satisfactory proof of new residence);
- D) If, within the first twelve months of your membership, your employment is involuntarily terminated without cause (must provide a letter from former employer confirming termination of employment and reason for termination);
- E) If the services of the Club cease to be offered as stated in the contract.
All monies, paid pursuant to such contract cancelled for the reasons in this paragraph shall be refunded provided however, that the Seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided, that the Seller may demand the reasonable cost of goods and services which the Buyer consumed or wishes to retain after cancellation of the contract. In no instance shall Seller demand more than the full contract price from the Buyer. If the Buyer has executed any credit or loan agreement to pay for all or part of the health club services, such negotiable instrument executed by the Buyer shall also be returned within fifteen (15) days. Member/Buyer shall be responsible for retaining (and presenting, if necessary) all records relating to any cancellation of this Agreement.
Member agrees that if Member received any free months as an inducement to enter into this Agreement as a result of referring new members or for any other reason (sometimes referred to as “promotional months”),such free/promotional months shall not be considered in computing the amount of any refund to which Member shall be entitled.
- MEMBER’S HEALTH WARRANTY; Member and/or Buyer represent that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of the Club or its facilities in any manner.
- RULES, REGULATIONS, AND SCHEDULES; Member agrees to abide by all the membership rules, regulations and schedules of Main Street Strength, which may be posted at the club or issued orally, and which may be amended from time to time, at Main Street Strength’s sole discretion.
- PRESENTATION OF MEMBERSHIP CARD; No one will be admitted to Main Street Strength without displaying a valid membership card or registering as a guest and providing identification.
- INDEPENDENT CONTRACTORS; From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to Members or their guests for any period of time, and hereby disclaim all liability arising out of such services.
- GUESTS; Member’s guests are permitted in the club, but only pursuant to such rules, regulations, fees, and schedules for such guest as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right, in its discretion, to prevent any guest from using a Club. All guests must sign in at the front desk and present photo identification prior to using any Club.
- TRANSFERS OF MEMBERSHIP; Memberships may not be transferred.
- BUYER’S OBLIGATIONS; Buyer shall not be relieved of Buyer’s obligations to make payments agreed to, and no deduction from any payments shall be made because of Member’s failure to use the Club’s facilities. Member dues are for the period of time and are no way related to actual usage of the Club.
- PAYMENT FOR CHARGES FOR OTHER GOODS AND SERVICES; Buyer has provided Main Street Strength with its credit card or other financial institution information for the purpose of paying for goods and services which Buyer (or Member, if different) may purchase at any Main Street Strength. These other charges may include fees for personal training, spa and/or fitness training sessions, retail apparel and other similar items, and food and beverage items. Buyer recognizes and agrees that Main Street Strength will maintain this information in its files and acknowledges Main Street Strength’s right to charge the credit card or other
Account identified under the Authorizations Section on page 1 of this Agreement at any time and from time to time during the term of the membership.
- ENTIRE AGREEMENT; Except for the rules, regulations and schedules posted at the Club or issued orally by Main Street Strength from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract only may be modified in writing executed by a duly authorized representative of Main Street Strength. Employees are not authorized to make any independent agreements with any Member/Buyer. If any provision or portion of this
Agreement or the application thereof to any person or party or circumstances shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement.
- UNPAID BALANCES; Members will not be permitted to use any Club until all fees and charges are current. Buyer and/or Member is obligated to pay any collection and/or legal costs incurred by Main Street Strength for collection of any fees and/or charges. Annual dues must be paid by 12:00 midnight on the anniversary date or Club privileges will be suspended. Main Street Strength reserves the right to charge balances and overdue balances to their current account under the Electronic Funds Transfer Authorization.Further, as provided in Section 11 above and Section 20 below, Main Street Strength reserves the right to charge the credit card or other account identified under the Authorizations Section on page 1 of this Agreement for the unpaid balance of any goods or services purchased and not paid for in another manner.If any check or credit card charge payable to Main Street Strength is not honored, Management will assess a $25 charge for each check and credit card rejected and collect the current and past-due balance in any subsequent month.To the extent that Buyer and Member are not the same person, Member shall be obligated to make all payments that Buyer fails or has failed to make (including past and future payments for use of the Club).
- LOCKERS; Lockers are provided solely for the benefit and convenience of members. Management will remove any articles left in a locker overnight. Members must provide their own lock.
- VALUABLES AND PERSONAL PROPERTY; Members are urged to avoid bringing valuables onto Club premises. Main Street Strength shall not be liable for the loss of,or theft of, or damage to, the personal property of Member or guests, including items left in lockers, with the coat check or elsewhere in the Club.
- CHILDREN’S USE; Children under 15 years of age may use the Club only during a previously announced Club-sponsored activity and must be accompanied by a parent AT ALL TIMES. Some children’s programs require fees to be paid in advance. Main Street Strength has the right to discontinue usage by any child whose behavior is offensive to any other member or who is unsupervised.
- MEMBERSHIP FREEZE POLICY; Members may temporarily suspend their membership in accordance with the following terms:
- A) You may freeze your membership once per contractual year for a minimum of two (2) weeks and a maximum of 12 (12) consecutive weeks in one-week increments. You will be charged Main Street Strength’s then current weekly freeze fee. If you freeze your membership during the first 12 weeks of your membership, you will be charged regular weekly dues until you meet the 12 week obligation, after which you will be charged Main Street Strength’s then current weekly freeze fee for the period of the freeze. If you have been a member for 12 weeks or longer on the day the freeze is effective, you will be charged the then current freeze fee up front and billing will be held for the approved duration of your freeze. Freeze fees for the period of the freeze you elect are non-refundable, even if you later reduce the number of weeks of suspension of your membership.
- B) Your freeze request must be done in person at the Club or by certified mail to Main Street Strength - Membership, 730 Route 304, New City, NY 10956, at least five (5) days before the intended freeze start date.
- C) If you are medically unable to use the Club, you can request a medical freeze for up to six (6) months (nine (9) months for pregnancy freeze). You must provide a doctor’s letter at the time you request a medical freeze.
- D) You may not freeze your membership for any reason unless your account is in good standing.
- E) All freeze requests must be made in advance. No retroactive freezes are permitted.
- GROUP FITNESS RULES; Allow enough time to sign in before each class. Do not enter a class late or leave early unless you give the instructor prior notice. If you are just starting Group Fitness or have a pre-existing injury or problems that prevent full participation, please discuss the situation with the Group Fitness instructor before class.
- DRESS CODE; Proper athletic attire, top and bottom, are required. Barefoot training may be conducted at your own risk. No street clothes or dress shoes permitted in fitness area. Management has the right to prevent the use of any equipment if the proper attire is not worn.
- PERSONAL TRAINING SESSIONS; All sales of personal training sessions are final and non-refundable. Personal training sessions expire every 30 days, unless indicated otherwise.
- A) 24 HOUR CANCELLATION POLICY. Members may cancel or change the time of the session at least 24 hours prior to the Session. Member will be charged for the full cost of the Session on any late cancellations or no-show appointments.
- B) PAYMENTS. Payment for Sessions is required to be made by the Member on or before the date of the Session. If payment is not otherwise made by the Member, charges for late cancellations or no show appointments for Sessions will be charged to the Member’s credit card or other account which is on file with Main Street Strength pursuant to the Authorization Section on page 1 of this Agreement. In addition, charges for Sessions which are used by a Member but not otherwise paid for will be charged to the Member’s credit card or other account which is on file with Main Street Strength on the day on which the Session is used.
- C) DISCOUNTS. Main Street Strength may offer discounts on Sessions to Members who purchase a group of Sessions. These discounts only apply to the number of Sessions so purchased as a group. Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions.
- D) AUTOMATIC APPLICATION. No action is required to be taken by a Member in connection with these regulations.
- PRICING; After the first 12 months of membership, Main Street Strength reserves the right to increase the monthly or annual fee and will provide 30 days’ notice to the Member regarding any such change in pricing; provided that pricing for Members who joined as part of a corporate program are subject to the pricing agreement between Seller and Member’s employer or corporate sponsor.
- CORPORATE MEMBERS; If Member is part of a corporate program between Main Street Strength and a third party, then if there is a conflict or inconsistency between this Agreement and the terms and conditions of the letter of agreement between Main Street Strength and such third party, the terms and conditions of the corporate program will govern and control.
- REVOCATION OF MEMBERSHIP; Main Street Strength reserves the right to revoke and cancel this membership at any time for any reason, in which case Buyer/Member will, no later than fifteen (15) days after such cancellation, receive a refund of all monies paid pursuant to this Agreement (except initiation fee), provided that Seller may retain expenses incurred or the portion of the total price of this Agreement representing the services used or completed, and provided further, that Seller may demand the reasonable cost of goods and services which the Buyer/Member has consumed or wishes to retain after cancellation.
- WAIVER OF LIABILITY; Member assumes full responsibility for his or her use of the facility and releases Main Street Strength from any and all claims, including those caused in whole or in part, by the negligence of Main Street Strength and shall indemnify Main Street Strength, the owner of the club location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities.
- COMPLIMENTARY ITEMS; Complimentary items (including, but not limited to personal training sessions, complimentary gift cards or other promotional items) may be distributed at the discretion of Main Street Strength and have no cash value. Only members with and active account in good standing may redeem complimentary items in accordance with their terms and complimentary items become null and void upon termination or expiration of membership for any reason.
Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then the remainder of this document will remain in full force.