1.0 MEMBERSHIP AND PAYMENTS
1.1 Initiation Fee. There will be a one-time initiation fee. This fee may change from time to time at LF discretion. This initiation fee is subject to the cancellation provisions of this membership agreement and any refund of that initiation fee shall be pro rated in accordance with the cancellations rights.
1.2 Monthly Dues. Members shall pay, in advance, monthly membership dues. LF may adjust monthly dues each calendar year upon giving members thirty (30) days prior notice, posted in the clubs, and/or sent by mail. LF may adjust court fees, or any other fees, other than monthly, at any time.
1.3 Form of Payment. Monthly dues and incidental charges are payable only by electronic funds transfer from the member's checking account, American Express, Mastercard, Discover or Visa account. Members must authorize such payments to be made through a third-party administrated electronic funds transfer system. Members maintain full control and privacy over their accounts at all times and the transfer of funds affects only those fees which have prior authorization of the member. The transfer will take place automatically once every month unless LF notifies the member otherwise.
1.4 Advance Payment. Members may pay the full year's dues, as well as the initiation fees in advance (by cash, check or acceptable credit card). After the member's first year, he or she may continue membership in the club(s) by either again paying the next year's dues in advance or converting to monthly payments using the Electronic Funds Transfer system.
1.5 Change of Membership Type. Members may change their membership classification upon request in writing and upon payment of additional initiation fees and membership due, if required. No refund of initiation fees will be made by LF. However, an appropriate increase or decrease in monthly dues will be made. There will be a processing charge, which may be adjusted from time to time.
1.6 Change of Membership Information. Members should promptly notify the club in writing of any changes in address or telephone number. Failing such notice, all communications shall be presumed to have been received by the members within five days after mailing. Members should notify LF of a change in their billing information.
1.7 Returned Payment Penalty. Members will automatically be charged for any returned payment item due to closed accounts, insufficient funds, etc. This charge may be adjusted from time to time.
1.8 Limited Memberships. It is to be expected that there may be occasional delays, especially during prime time, in using the fitness equipment, that members may not always be able to reserve a court for the preferred time, or that members may not be able to attend preferred exercise classes.
1.9 Indebtedness of Member. If the indebtedness of any member so notified exceeds $25 and he or she fails to pay same within the time specified in the notice requesting payment, he or she may be denied the use of the club(s) facilities until such indebtedness has been paid in full.
1.10 Delinquency Assessments. If a member fails to pay when due any amount owed to LF, (i) which member shall pay to LF interest on such amount at the rate of eighteen percent (18%) per annum, or less, the highest possible rate of interest legally permitted, and (ii) such member agrees to pay all court costs plus reasonable attorneys fees if LF must refer such member's account to an attorney who is not a LF employee.
2.0 TRANSFERS AND CANCELLATIONS OF MEMBERSHIP
2.1 Transfer of Membership. A member may transfer his or her membership to another person or another LF club at any time, subject to the club's approval, such approval not to be unreasonably withheld. The transfer will become effective when the transferee has provided the club with all necessary information and financial authorizations and has signed a membership application agreeing to abide by the rules and regulations of the club. There is a transfer fee, which may be adjusted from time to time. Membership rights may not be assigned or transferred until such time the initiation fee and any dues and incidental charges have been paid in full, and the membership card has been returned to LF.
2.2 Consumer Right to Cancellation. You may cancel this contract without any penalty or further obligation within three (3) days from this date by written notification sent by certified or registered mail to Ludlow Fitness, Billing Department, 100 Delancey Street, New York, NY 10002.
2.3 Cancellation Rights for Monthly Billing Dues. Monthly billing of membership will continue until all the requirements for cancellation are met (1) Giving LF 30 days written notice by certified or registered mail to Ludlow Fitness, Billing Department, 100 Delancey Street New York, NY 10002 with the following enclosed: (2) a complete membership cancellation notice which can be picked up at our club (3) turning in my membership card (4) Giving full payment of any unpaid dues or indebtedness (5) Meeting the minimum monthly term of membership.
2.4 Additional Rights to Cancellation. You may also cancel this contract for any of the following reasons:
If the services cease to be offered as stated in the contract.
All monies paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within fifteen days of receipt of such notice of cancellation; 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 has consumed or wishes to retain after cancellation of the contract. In no instance shall the 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 health club services, any such negotiable instrument executed by the buyer shall also be returned within fifteen days.
3.0 MEMBERSHIP RISK.
3.1 Member Conduct. Members shall be responsible for any property damage or personal injury caused by them, their family, or their guests.
3.2 Orientation. Members and members' guests should seek instruction in the use of all equipment, including fitness machines, free-weights, and cardio-aerobic equipment, before using the club(s) facilities.
3.3 Medical Disclaimer. Each member has been informed and acknowledges that the club(s) has made no claims as to medical results that may be obtained through the use of the club(s) facilities. The club(s) neither suggested nor will suggest any medical treatment to members. Only licensed professionals are qualified to give medical advice. Members are instructed not to act on the advice given by any unlicensed employee until such advice has been verified with a licensed professional or their own physician. Each member represents that there is no medical or physical condition that would prevent them from using all or any of the club(s) exercise facilities, and members further represent that he/she has not been instructed by any physician not to do so.
3.4 Activity Risk. Releasor understands that the use of LF and physical activity in many contexts, and also acknowledges that injury is an inherent potential result of any such activity. Releasor also represents that he or she is medically and physically able to participate in the exercises and physical demands of the discipline. Releasor also agrees that any injuries or limitations will be made known to releasee immediately. This release includes any employee and/or agent instructing under LF's supervision or direction during classes. In view of the foregoing, and as a term and condition of being a member of the releasee, Releasor, with the intention of binding himself or herself, his or her spouse, heirs, legal representatives, and assigns, expressly releases and discharges releasee and heirs and legal representatives, created by or arising out of, any and all activity regardless of where held or when held. This release is for the entire premises, including but not limited to locker rooms, parking areas, sidewalks, buildings and grounds. Releasor assumes any and all risks associated with the activities he or she will undertake at or with releasee. If any portion of this release from liability shall be deemed by a court or competent jurisdiction to be invalid then the remainder of this release from liability shall remain in full force and effect.
3.5 Loss of Property. LF shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities or jewelry, unless the member or guest shall have deposited the same with LF and received a receipt in writing for such property in no event, however, even though such property is so deposited and a receipt given, shall LF liability for disappearance, loss, theft, or damage thereof exceed the lesser of the actual value of $100.
4.0 GENERAL PROVISIONS.
4.1 Rules and Regulations. Each member shall complete and sign a membership application term and agree to abide by the club(s) rules and regulations, and any amendments and/or modifications subsequently made by the club(s) management.
4.2 Reciprocity and Use Privileges. If you have a Multiple Club Use membership, you may use a LF club at any time. The Off-Peak membership restricts use at all LF clubs to non-prime hours. Members must abide by the host club's rules and regulations. A club closing which is not the members principal club does not entitle the member to dues credit or early cancellation refunds.
4.3 Change of Facilities. The club reserves the right to change its facilities and equipment from time to time, to eliminate some of its facilities, equipment or services or to add others. Availability of facilities, equipment and fitness groups is on a first-come basis in accordance with club rules.
4.4 Closing of Club. It is anticipated that, from time to time, a part of a club, or the entire facility will be temporarily unavailable to members while repairs; renovations or special events take place. Management will make every effort to minimize any disruption to members during these periods and if possible to schedule any work during off hours or summer months. Management may also offer members the use of other conveniently located clubs during the period of unavailability. The club(s) may be closed for the holidays. Club hours of operation are displayed in each club and may be modified from time to time.
4.5 Non-Discrimination. LF represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin or ancestry in considering applications for membership in the clubs. The minimum age for club membership is 18 unless parental permission and LF consent is given.
4.6 Act of God. In the event of an act of God, such as a hurricane, earthquake, etc., causes more than a 48 hour closing of the club(s) members' dues obligations will be suspended until such time as use of the facilities can be safely resumed. Original dues obligations will not otherwise be affected unless the club cannot reopen within one year.
4.7 Revocation of Membership. At the direction of LF a membership may be revoked at any time or extension of a membership may be denied if in the reasonable judgment of LF the member consistently failed to observe the rules and regulations or has otherwise behaved in a manner contrary to the best interests of the club(s) or the club(s) members.