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WAIVER :
I accept responsibility for my use of any and all apparatus, appliances, facility, priviledge or service whatsoever, owned and operated at this club at my own risk, and shall hold this club, its shareholders, directors, officers, employers representatives and agents harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting therefrom.
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Terms & Conditions : -
The Signer of this agreement has paid a fee for membership at Gold’s Gym designated above. Membership at that Gold’s Gum does not warrant or imply membership at any other Gold’s Gym Licensee. <b>RENEWAL POLICY :</b> If you renew of this membership you will be required to pay the membership fee over again (If you require to change to another program you need to do so within 15 days of joining. The program can be interchanged only once. You can renew your membership to any program on completion of the earlier one). ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENEES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNT PAID BY THE DEBTOR HEREUNDER. IF BY REASON OF DEATH OR PERMANENT DISABILITY, THE MEMBER IS UNABLE TO USE THE SERVICES OR FACILITIES OF THE CLUB, HE AND HIS ESTATE SHALL BE RELIEVED FROM THE OBLIGATION OF MAKING PAYMENT FOR SERVICES OTHER THAN THAT RECEIVED PRIOR TO DEATH OR ON THE ONSET OF DISABILITY, AND THAT F HE HAS PREPAID ANY SUMS FOR SERVICES, SO MUCH OR SUCH SUM AS IS ALLOCABLE TO SERVICE HE HAS NOT RECEIVED SHALL BE PROMPTLY REFUNDED TO HIM OR HIS REPRESENTATIVES. MEMBERSHIP FEES ARE NON-REFUNDABLE AND NON TRANSFERABLE EXCEPT AS MENTIONED ABOVE. FOR TRANSFER OF MEMBERSHIP, A PROCESSING FEE OF RS. 750 WILL BE CHARGED. *ANY CHANGES ON MONTHLY BILLABLE ACCOUNTS MUST BE DONE IN WRITING WITH 30 DAYS NOTICE. YOU THE BUYER MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY OF THE HEALTH STUDIO (CLUB) AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAY AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER YOUR COPY OF THIS AGREEMENT AND SIGNED AND A DATED NOTICE OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER (MEMBER) AS CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. SUCH A NOTE SHALL BE SENT TO 3RD FLOOR, ELITE’S ARCADE, GOLD's GYM 407, THE MALL ROAD, LUDHIANA – 141 01. BY SIGNING BELOW, YOU ACKNOWLEDGE RECEIPT OF FULLY COMPLETED COPY OF THIS MEMBERSHIP AGREEMENT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. WAIVER AND RELEASE OF LIABILITY – THIS MEMBERSHIP AGREEMENT CONTAINS A WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN SECTION “VI” ON THE REVERSE SIDE OF THIS DOCUMENT TO WHICH YOU WILL BE BOUND. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT. GENERAL POLICIES AND PROCEDURES A. The Club shall have the unqualified right to make such rules, regulations and restrictions in the use of the Club property as it may deem necessary. B. All signs posted in the Club shall be considered as part of the rules and regulations. C. No member of the Club shall advertise or his membership to be advertised for sale. Memberships are non assignable and non-voting. D. Membership cards are issued to members only and are not to be used by friends or relatives. Infraction of this rule will result in immediate expulsion from Club. The membership cared is Club property, the possession of which may be determined at the Club’s discretion. E. Charges and fees for services and facilities are subject to change as deemed necessary by the Club. F. In the event it is deemed and advantageous to the Club to expand the facilities thereof, the Club may temporarily close for construction and will make reasonable efforts to substitute another facility for its members until such construction is completed. G. No refunds shall be made for membership dues paid, except as follows : If the member dies or is permanently disabled, and is therefore unable to receive all services for which he has contracted, he and his estate shall be relived from the obligation of making payments for services other than those received prior to death or onset of disability, and if he was prepaid any sums for services, so much sum as is allocable to service he has not received shall be promptly refunded to him or his representative. As used herein, the term “disability” means a condition which precludes the member from physically using the facilities, and such condition is verified by a physician, and “permanent” means for more than six months. No refunds will be given for temporary disability. H. Any members who is loud, offensive, bothersome to other members or behaves otherwise in an unbecoming manner or who is cited or for infraction of rules and regulations may be suspended or expelled from the Club. In the vent of termination, the unused portion of any advanced payment shall be forfeited to the Club. I. Hours of operation are posted at Club and are subject to changes as Club utilization dictates. J. There will be NO SMOKING permitted on the Club premises. K. All members and guests much sign in at the reception desk upon entering the Club. L. Members must display membership cards every time they enter the Club. Members are requested to show Photo I.D. with their copy of the membership agreement and temporary membership card until they receive the membership cards. Members will not be allowed entry to the without membership Cards. M. Club services may only be used by Gold’s Gym members in good standing. A member whose basic Gold’s Gym membership (i.e. Health Club membership) has expired must renew in order to take advantage of his privileges. N. The club is not responsible for Lost and Found items. Items found are immediately placed in public lost and found location. O. Any notice required or permitted to be given to you shall be considered duly given when personally delivered to you or mailed to your address as it appears on your membership agreement or as subsequently changed by written notice to the Club. Any notice required or permitted to be given by you to the Club shall be considered duly given only when received by the membership office of the club in writing. P. No solicitation allowed in club or parking lot. II. HEALTH CLUB A. Members must wear shirt (covering the chest and back) at all times in the Club. B. Foot covering (i.e. tennis or aerobic shoes) must be worn at all times in all exercise area, as well as in the entire Club, Socks and Sandals are not allowed. C. Members must be property attired in standard workout clothes (i.e. leotards, gym shorts, logging suits) while in exercise areas. D. Please be aware of circuit rules. Do not cut in one the circuit or do sets if other members are waiting. Please see handout on Training Principles. E. Profanity is not allowed in the gym. F. Members shall not yell or scream across the gym. G. Use of the equipment should be instructed by Program Directors. H. Return weights to proper racks when finished. I. Have a “spotter” when using heavy weights. J. No littering or leaving debris on the gym floor. K. Members who seat profusely are asked to use towels when using the equipment. L. No dropping the weights. M. Use of hair dyes at the Club is strictly forbidden. N. Shaving in the gym is strictly forbidden. O. Members and their guests are required to shower prior to massages. P. Eating and drinking is permitted in the lounge only. Please do not eat and drink in the gym locker rooms and spa areas. Q. Belongings may not be left in daily lockers overnight. Locks will be cut off and contents removed. The Club does accept responsibility for items removed from lockers. R. No personal belonging (i.e. bags, purses extra clothing, cell-phones, etc.) are allowed in our gym. S. No member shall solicit or perform personal training services on the premises. III. GUESTS A. No member shall bring in any individual to perform personal training services. B. All guests must register upon entering the Club C. All guests must execute a Waiver and Release of Liability and Indemnity Agreement D. Former members and members restricted from the Club may enter as guests. E. Out-of-town guests will be charges guest fees. F. The Club reserves the right to refuse anyone who is not property attired and/or personally clean. G. Any guest found in the club who has not paid the guest fee will charged double and will no longer be able to use the Club. Members are responsible for there guest (See Membership Agreement # 5). H. All gests must abide by Club rules and regulations. IV. CHILDREN Children under the age of 13 are not allowed in the Club except for attendance of classes and events organized especially for them. V. FEES A. Guests of Members : Seek desk B. Lost items : Membership Card Rs. 750. C. Personal Coaching Programs : Please enquire with the program directors. VI. WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT You (Buyer, each member and all guests) agree that if you engage in any physical exercised or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known and unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representative successors and assigns. This waiver and release of liability includes, without limitation, injuries which many occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnify any hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Court of Ludhiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCTION ON ITS PREMISES, YOU HAVE READ AND VOLUNTARY SIGNED THIS WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. VII. SEVERABILITY These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and partially enforceable provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provision in this contract shall not be constructed as a waiver of such remedy provision. VIII. GOVERNING – LAW This agreement shall be constructed in accordance with the laws of the City Ludhiana with jurisdiction and venue deemed proper in Ludhiana City only. IX. INTEGRATION – ENTIRE AGREEMENT This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understanding, and/or agreement between the parties. The agreement may be modified only be an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and or related documents).
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