Online Membership Terms & Conditions
CANCELLATION OF MEMBERSHIP:
(Membership may not be cancelled except for the reasons below)
- DEATH: IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 360 FITNESS, 535 WSW LOOP 323, SUITE 105, TYLER, TX. 75701
- VIOLATIONS OF RULES AND REGULATIONS: IF YOU VIOLATE ANY OF THE RULES AND REGULATIONS POSTED IN THE SPA, SPA MAY CANCEL YOUR MEMBERSHIP AND YOUR RIGHT TO USE SPA’S FACILITIES OR SERVICES OF SPA. YOU WILL NOT BE ENTITLED TO A REFUND OF ANY PAYMENTS YOU HAVE MADE. IF YOU AGREED TO MAKE PAYMENTS TO THE SPA IN THE RETAIL INSTALLMENT CONTRACT ON THE OTHER SIDE, ANY UNPAID PORTION OF THAT CONTRACT WILL BECOME IMMEDIATELY DUE AND PAYABLE.
- MEMBER RELOCATION: MEMBER CAN CANCEL THIS MEMBERSHIP AGREEMENT IF THE MEMBER MOVES HIS/HER RESIDENCE TO A LOCATION MORE THAN 35 MILES FROM SPA. ACCEPTABLE PROOF MUST BE MAILED ALONG WITH MEMBERSHIP CARDS AND DOCUMENTS OF MEMBERSHIP TO: 360 FITNESS, 535 WSW LOOP 323, SUITE 105, TYLER, TX. 75701
- SPA GOES OUT OF BUSINESS: IF SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED YOU MAY
- CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 360 FITNESS, 535 WSW LOOP 323, SUITE 105, TYLER, TX. 75701
- FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OF OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OF RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.
- PHYSICAL CONDITION: You have AFFIRMED AND WARRANTED to Spa that you are in good physical conditioning to voluntarily participate in the exercise programs. You recognize that neither Spa nor its management nor its employees are licensed medical practitioners.
- RULES AND REGULATIONS: You agree to be bound by Spa’s Rules and Regulations regarding members’ use of Spa facilities and conduct at the Spa. These Rules and Regulations may be posted from time to time in the Spa. The Rules and Regulations can be changed by Spa whenever Spa reasonable deems in necessary. Spa’s current Rules and Regulations include:
- Signing in: All members are required to check in at the front desk when they enter the Spa using his or her assigned bar code.
- Lost or Stolen Property: You specifically agree that neither the Spa nor its agents and employees shall be responsible for lost or stolen articles of clothing or personal property. You acknowledge that valuable personal property shall not be brought into the Spa, and that by bringing such personal property into the Spa, you assume all risks of loss or theft, and you hereby waive all claims and release Spa, its agents and employees, from all liability in the event of loss or theft notwithstanding that such loss or theft may have resulted from the omission, negligence or gross negligence of the Spa.
- Lost or Stolen Membership: Member must pay Spa’s replacement fee to replace a lost or stolen membership card. The fee is currently $5.00; however Spa can increase the fee.
- Misuse of Membership Card: A fee of $100.00 per occurrence may be assessed in the event that any individual is found using the membership card of another individual to gain access to and/or use any of Spa locations or facilities. The fee is charged to the member who is the owner of the membership card. This fee may also be assessed in the event that the member allows any non-member to gain access through the practice known as “tailgaiting”. Tailgating is defined as when a member uses his/her membership card to gain authorized access to the facility yet he/she holds the door open to allow a non-member to gain access.
- Clothing: Exercise Area: Men: Gym shorts with a t-shirt; soft-soled close-toed shoes must be worn at all times; no torn tops or cut-off shorts. Women: Gym shorts with a t-shirt; sweat suit, leotards and tights. No torn tops, cut off shirts or cut-off shorts. Soft-soled close-toed shoes must be worn at all times.
- Demeanor of Members: While members are on Spa’s premises, they shall refrain from using loud, foul or slanderous language. They also shall refrain from molesting, badgering or soliciting other members.
- Other Rules and Regulations: Members shall observe all other Rules and Regulations posted by the Spa.
- RIGHT TO CHANGE FACILITIES AND SERVICE: Spa has the right to select from time to time the particular Spa location operated by Spa which you can use. Spa also has the right to determine the days and hours during which the Spa will be available to members and the service and equipment, which shall be available at each spa.
- UNAVAILABILITY: If Spa is unavailable for use, the Spa can substitute a similar facility within 10 miles of the present Spa for you to use. The present Spa could be unavailable for a number of reasons such as fire, condemnation by government, loss of lease, act of God or other accident. If an act of God or other event beyond control of Spa renders Spa unusable for 30 consecutive days and Spa does not substitute a similar facility within 10 miles of the present Spa, the Spa will extend the contract term by the amount of time the Spa was unusable.
- ACCIDENTS; YOU AGREE THAT YOUR USE OF SPA’S EQUIPMENT AND FACILITIES WILL BE AT YOUR SOLE RISK AND SO IS ALL ACTIVITY AT THE SPA. YOU FURTHER AGREE THAT THE SPA WILL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO YOU, YOUR GUESETS OR YOUR PROPERTY BECAUSE OF USE OF THIS SPA AND ITS SERVICES AND FACILITIES.
- ENTIRE AGREEMENT: You agree that this agreement is the entire agreement between you and the Spa. You agree that it is the only agreement and you acknowledge that the only statements you have relied upon in signing this contract are the statements contained in this agreement. This agreement can only be changed by a written document signed by you and the Spa. The only exception is Spa’s Rules and regulations, which Spa can change on its own.
- GOVERNING LAW: Texas Law shall govern this agreement. If any part of this agreement is unenforceable, it will not make any other part unenforceable.
- MINOR USE OF THE CLUB: Minor children may join the Spa at age 13, however must be accompanied by a parent or legal guardian when working out. Minor children may work out on their own at age 16.
If the Retail Installment Contract on the other side has been completed, the following will apply to it:
- NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PERSUANT HERETO. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNT PAID BY THE DEBTOR HEREUNDER.
- Spa can enforce this Contract against your heirs and legal representatives, and Spa’s successors to the Contract will have all of Spa’s rights against you.
MEMBER WAIVER AND RELEASE:
I, the undersigned, a MEMBER, am voluntarily participating in a program of strenuous physical activity, including but not limited to aerobic dance, weight training, stationary bicycling, and the use of various aerobic/conditioning machinery offered by 360 Fitness, hereby AFFIRM that I am in good physical condition and do not suffer from any disability that would prevent or limit my voluntary participation in the above referenced exercise programs. In consideration of my participation in 360 Fitness’s exercise program, I for myself, my heirs and my assigns, hereby RELEASE AND INDEMNIFY, 360 Fitness (its employees, agents, directories, and owners) from any and all claims, demands and causes of action arising from my participation in the exercise program (s) and/or use of the exercise facility, and I hereby RELEASE AND INDEMNIFY 360 Fitness (its employees, agents, directors and owners) from any liability, now or in the future including, but not limited to heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries, and any other illness, soreness, or linjury have or caused occurring during, or after my voluntary participation in the exercise program and/or use of the exercise facility. I will not hold staff or 360 Fitness liable for any accident resulting in injury which may be suffered by the aforementioned individual arising out of or in any way connected with that individual’s participation in the babysitting center. I HEREBY AFFIRM THAT I HAVE READ AND UNDERSTAND THE ABOVE.
You agree and understand the following:
By entering this facility, you are aware and fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet or more and are more commonly transmitted between persons rather than from equipment to persons.
Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke, or even death (collectively “Symptoms”). You understand and agree that you will hold us harmless and that you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition,nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or being exposed to other members.
Automatic Renewal Program:
Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, this membership will automatically renew for a term of one month (30 days) indefinitely, until you terminate this membership agreement by providing at least (30) day notice prior to the next bill date to 360 Fitness Tyler delivered (a) by completing and signing a cancellation form at club or (b) by U.S. mail to 360 Fitness Tyler AT 535 W Southwest Loop 323, Suite 105, Tyler, TX 75701. The termination will be effective at the end of the Pay Period and you may continue to use the facility during the Pay Period. 360 Fitness Tyler shall not charge your credit card or initiate any EFT payments which are scheduled to occur more than (30) days after the termination notice is received by 360 Fitness Tyler. If the termination cannot be processed prior to the scheduled date of charge, 360 Fitness Tyler shall refund the debited amount.
TOTAL AMOUNT: THE INDICATED RATE PER MONTH FOR FUTURE AUTOMATIC RENEWAL.
Prepaid memberships are non-refundable.
IF YOU DECIDE YOU DO NOT WITH TO REMAIN A MEMBER OF THIS SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: 360 Fitness, 535 WSW Loop 323, Suite 105, Tyler, Tx. 75701
*NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU REA OR IF IT CONTAINS BLANK SPACES. YOU HAVE READ AND AGREED AND EXACT AND COMPLETED COPY OF THIS AGREEMENT.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligations as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment is due under this agreement is more than 10 days late. Should any payment become more than 10 days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, or credit card, or order returned for insufficient funds or any other reason. If the member is paying bi-weekly dues by electronic funds transfer (EFT), the club’s billing company, 360 Fitness reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. NOTE: Members paying bi-weekly dues via E.F.T. are subject to a $10.00 minimum per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAIN PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
REQUEST FOR PREAUTHORIZED PAYMENT PLAN
I/We hereby request the privilege of paying to 360 Fitness under the company’s Preauthorized Payment Plan and hereby request the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees.
Subject to the following conditions:
- The items shall be drawn on or about the date of the Promissory Note. The transactions on your bank statement will constitute receipts for payment on your account.
- The privilege of making payments under this Plan may be revoked by the Company if any item is not paid upon presentation.
- This plan, if cancelled, does not release you from obligation (promissory notes/Contract).
- A service fee will be assessed for any check, draft, credit card, order returned for insufficient funds or any other reason.
- This plan shall supply to the following Applicant (s):
24 hour waiver and release:
You have agreed to purchase a membership at a facility that allows you access at any time. As such, you are aware that there will be no supervision or assistance. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will likely be no one to respond to your emergency and this facility has no duty to provide assistance to you. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner accompany you while at the club, but it is entirely up to you.
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 the use of this facility 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 and (c) you 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 the club, 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.
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 only that wording is removed and the remainder of this agreement will remain in full force.