Click here for a copy of the current Membership Agreement PDF.
- ARTICLE A – Additional Details Of Membership
- ARTICLE B – Availability of Facilities
- ARTICLE C – Club Use
- ARTICLE D – Conditions of Expulsion
- Steroid Warning
These are the terms and conditions of membership at Fitness World and Women’s Fitness World :
Rules and Regulations
Terms and Conditions of Membership
RULES AND REGULATIONS
RULES & REGULATIONS ARE PART OF THE MEMBERSHIP AGREEMENT: Members and their guests shall be bound by the rules and regulations of the club. Rules and regulations may be revised, supplemented or amended at the discretion of the club as deemed necessary for the proper management of the club. THE RULES AND REGULATIONS SHALL BE CONSIDERED A PART OF THE MEMBERSHIP AGREEMENT.
ARTICLE A – Additional Details Of Membership
1. THIS AGREEMENT INCLUDES ALL DETAILS: The undersigned agrees that: a) This Agreement, including conditions and regulations along with the rules and regulations of the club, constitute the entire understanding between the parties; b) There were no other promises made verbal or otherwise and no other understanding or agreement exists between them; c) No representations, other than those herein set forth, have been made by anyone to the undersigned to induce him/her to enter into this agreement; d) No modification or cancellation of the agreement shall be valid unless in writing and signed by both parties.
2. MEMBERS MUST NOTIFY CLUB OF ANY NEW ADDRESS: Members shall give written notice to the club of any change of address. Failing to give such notice, all communications shall be presumed to have been received within five days after mailing.
3. THIS LOCATION SOLE CONSIDERATION: Admission to membership in the club of address on the reverse is the full and sole consideration for the payment of enrollment, dues and all membership fees. There shall be no refund of any monthly charges, or portions thereof, in the event that the membership or club facilities are terminated except as specifically set forth in the Rules and Regulations of the club.
4. IF MEMBER CHANGES PERMANENT RESIDENCE: Member must provide proof of new residence. Member is responsible for any dues up to the time proof of new residence is provided, or for the term of membership. If dues member is within the first year and moves over 25 miles from the primary MMC club of enrollment but moves within 25 miles of any other MMC club, membership is not eligible for early cancellation. Membership can be used at other MMC clubs within the 25 mile distance of new residence change. (Silver members are subject to upgrade fee.)
5. LATE CHARGES: After the 10th day of the month for which charges are due, delinquent accounts will be given a late status. A service charge of $5.00 per month will be added to all late status accounts. Members are responsible for monthly dues whether or not they use the facilities.
6. DELINQUENCY: Any outstanding debts or payments to the CLUB, delinquent more than 30 days, will result in membership being temporarily suspended and membership card surrendered until such time that payment is made and membership reinstated. In the event it becomes necessary to take action with regard to the collection of such outstanding debts, member shall be responsible for the payment of all costs incurred in such collection including but not limited to attorney’s fees. If the account has to be sent to collection, a fee of 28% to 50% of unpaid delinquent balance will be added to the balance of the account.
7. DISCLAIMER: All exercises and use of all facilities shall be undertaken by the Member at Member’s sole risk. The CLUB shall not be liable for any claims, demands, injuries, damages, actions, or causes of action whatsoever, to person or property arising out of or connected with the use of any of the services or facilities of the CLUB or the premises where the same are located or arising out of the acts of active or passive negligence on the part of the CLUB, its employees or agents. All members are encouraged to have a physical examination by their doctor (including an exercise stress test) to determine present health before strenuous new activity is commenced.
8. SETTLEMENT OF DISPUTES: In the event of any dispute concerning this Agreement or the Rules and Regulations incorporated herein, the Member agrees to formally submit a registered or certified letter of complaint and/or demand directly to the main office. The address is MAGIC MUSCLE CORP. 310 Third Ave. Suite AA, Chula Vista, CA 91910. The club management must have the opportunity to hear the complaint before any further legal action is taken. MAGIC MUSCLE will be allowed 30 days to respond to the complaint. The parties hereto agree to submit such dispute to the arbitration in accordance with the rules of the American Arbitration Association and the parties hereto agree to be bound by the decision of such arbitration, and the prevailing parties shall be entitled to all fees and costs incurred in such proceeding, including but not limited to attorney’s fees and fees of the arbitrators. Management retains the right to waive arbitration and sue in any court with jurisdiction for purposes of collecting membership fees and dues.
9. SEVERABILITY: If any particular provision of this contract is declared invalid by a court of competent jurisdiction, the same shall not affect the other provisions thereof.
10. PERMANENT DISABILITY: If by reason of death or permanent disability the Member is unable to receive all services for which he/she has contracted, he/she and their estate shall be relieved from the obligation of making payment for services other than those received prior to the onset of the disability or time of death. If services not yet received were prepaid, the prorated amount will be promptly refunded. The definition of permanent disability is A CONDITION WHICH WOULD PRECLUDE THE MEMBER FROM PHYSICALLY USING ANY OF THE FACILITIES for the remainder of the term of the membership, and is documented in writing by a physician (MD only, and must fill out Magic Muscle Corp. provided form), stating the exact nature of the illness and that the person may not exercise in any shape or form. There are facilities for all forms of handicaps, heart patients and more.
11. TEMPORARY DISABILITIES AND POSSIBLE CREDIT FOR MEMBERSHIP TIME: Members who pay monthly dues who have fulfilled their obligated length of membership, may utilize our Standby Freeze Program for temporary disabilities anticipated to be in excess of one month. This will reduce their monthly dues to $5.00 per month during their leave of absence. Dues paying members that have not yet fulfilled their obligated length of membership may submit a doctor’s note for a possible future reduction in dues, after the membership obligation has been met, for a duration not to exceed three months. Prepaid members may receive up to three months in membership extensions subject to approval with the submittal of a doctor’s note. No refunds shall be given for credits received for temporary disabilities. Exact procedure of this benefit is subject to change without notice. Multiple party memberships such as Couples or Family memberships are not eligible for this benefit or any time credits.
12. CANCELLATION WHEN UNABLE TO TRANSFER WITHIN FIRST YEAR: If dues member is within the first year, moves over 25 miles from any MMC club (the legal distance for the club to be deemed unusable), or there is permanent club closure, such member shall be relieved from the obligation of making payment for services other than those received prior to the move or closure. The enrollment and card or processing fees are not a prepayment for service, they are earned by the club at the time of enrollment and are not refundable. Fees are used to pay commissions, computer set-up, membership card, and other administrative costs. If such member has prepaid for services, the prorated amount for services not yet received will be promptly refunded. IF MEMBER DOES CHANGE PERMANENT RESIDENCE TO OVER 25 MILES FROM ANY MMC CLUB BUT WISHES TO EXERCISE THEIR RIGHT NOTED ABOVE, MEMBER WILL BE CHARGED A $100.00 CANCELLATION FEE. IF OVER HALF OF THE LIFE OF THE CONTRACT HAS EXPIRED, MEMBER WILL BE CHARGED A $50.00 FEE. Member must provide proof of new residence and is responsible for any dues and/or fees up to the time proof is provided, or for at least the term of membership. Cancellation fees are per member, not per contract. Remaining member(s) on membership are subject to an adjustment of dues to the current single or multiple member rate. These members are still subject to the same terms and conditions of membership.
ARTICLE B – Availability of Facilities
1. TEMPORARILY UNAVAILABLE FACILITIES: WOMEN’S FITNESS WORLD may regularly close its facilities for maintenance, selected holidays, and other hours based on local municipalities. WOMEN’S FITNESS WORLD may delete, change, discontinue, repair or replace any part or all of the facilities without any effect on this Agreement. If a majority of the facilities are unavailable for more than 7 days for any reason, except acts of nature, WOMEN’S FITNESS WORLD may extend your membership for the same period that facilities were unavailable.
2. PERMANENT CLOSURE OR MOVE: WOMEN’S FITNESS WORLD may permanently close or move its club without any effect on this Agreement if it transfers your membership to a comparable club within 10 miles of the one affected. If MMC is unable to transfer membership, terms of cancellation will apply. If the facilities were for a period unavailable, WOMEN’S FITNESS WORLD may extend your membership for the same period the facilities were not available.
ARTICLE C – Club Use
1. ALL MEMBERS USING THE FACILITIES MUST BRING THEIR CURRENT, VALID MEMBERSHIP CARD WITH THEM, leave it at the front desk, sign-in on the register, and then pick it up on the way out. IF MEMBERSHIP CARD IS FORGOTTEN THERE ARE TWO CHOICES: GO AND GET CARD OR PAY A $1.00 LOOKUP FEE. PLEASE REMEMBER TO BRING YOUR MEMBERSHIP CARD. NO EXCEPTIONS TO THIS RULE.
2. Members may only use lockers for the time they are exercising. Nothing may be left overnight, and any locks still on lockers at closing time will be cut off. Lockers are a gratuity and Club assumes no responsibility for the safety of items left in lockers. DO NOT BRING VALUABLES INTO CLUB. All private property, while in or on Club premises, is owner’s sole responsibility and the Club assumes no liability.
3. There will be a $10.00 charge for replacing lost or stolen membership cards. The front desk is not responsible for lost cards. Name change requires member to purchase a new card.
4. All members shall be expected to wear proper attire when using the Club. Please do not wear sandals or jeans.
5. RUDE BEHAVIOR: No hogging equipment or kicking another member off your favorite piece of equipment. No profanity. No bullying of other members.
6. All members must put away any and all free weights they use and must carry their own towel to wipe off sweat from equipment after use. PLEASE BE CONSIDERATE!
7. Absolutely no gym bags are allowed in the exercise rooms. If you bring extra clothes or equipment, you must use a locker and bring your own lock.
8. THERE IS NO SMOKING, GUM CHEWING OR FOOD IN ANY AREA OF THE CLUB.
9. Damage to Club property shall be paid for by any member who willfully or neglectfully causes such damage, including all broken mirrors. Members are responsible for damage incurred by dependent children or guests.
10. Children under 16 must have a parent or legal guardian in direct attendance at all times when inside Club or placed in the baby-sitting facility.
11. GUESTS: Members may bring up to 3 guests with them each time they visit the Club, providing they live locally and follow procedures. All guests must be 18 years of age or older and show proper ID when entering the Club. Guest may be 16 or older only with a full Liability Waiver signed by the parent or legal guardian IN PERSON. WOMEN’S FITNESS WORLD is a private, members only Club. All out of town guests must be members of an affiliated club or pay a $10.00 out of town guest fee. Guest must fill out PROFILE CARD completely and sign the Liability Waiver. For complimentary use, they must show proof of residence within 15 miles of the Club. Only one complimentary use period per guest. This includes all different promotions as well as paid visits and memberships. No exceptions. Local guests using the Club at no charge must be toured through Club and meet with a membership counselor. Enough time must be set aside for this.
ARTICLE D – Conditions of Expulsion
Any member may be temporarily suspended or expelled by the management. Cause for expulsion may consist of violation of any Rule or Regulation of the Club or House Rules, or of any conduct which in the opinion of the management is prejudicial to the welfare, good order and character of the Club. In such cases, no remuneration of fee or dues will be made by the Club to the Member. An expelled member shall remain liable for all dues and other indebtedness accrued prior to expulsion from the Club.
WOMEN’S FITNESS WORLD RESERVES THE RIGHT TO ALL PERSONAL TRAINING AT THE FACILITY. UNDER NO CIRCUMSTANCES IS ANY MEMBER TO TRAIN ANOTHER MEMBER FOR COMPENSATION. IF ANY MEMBER IS SUSPECTED OF THIS, THE SITUATION WILL BE INVESTIGATED AND MEMBER MAY BE EXPELLED FROM CLUB WITH NO REFUND OF ANY MEMBERSHIP FEES OR RELEASE FROM AMOUNTS OWED.
WARNING: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teen-agers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.