Our terms and conditions are simple. Take care of the equipment & the facility. Be nice. And clean up after yourself. Not too hard, right?
1. PARQ: Member represents and warrants that all facts stated in the Physical Readiness Questionnaire (PARQ) submitted by Member are true and correct. the PARQ is incorporated herein by reference and made a part of this Agreement.
2. PAYMENT OF MEMBERSHIP FEES. All payments to PowerHaus Fit are final.
Should Member select the Monthly Draft Payment option, Member agrees to pay the then-current monthly Membership Fee, plus applicable taxes, each month thereafter through automatic withdrawals from an account maintained by Member in a financial institution, pursuant to a debit authorization form signed by Member. Additionally, Member shall pay with this Agreement, an sign up fee of nineteen dollars and ninety-nine cents ($19.99).
3. TERM. All memberships of PowerHaus Fit are either month-to-month or annual (when paid in full), and payments are due in advance. Automatic drafts will not be cancelled without thirty (30) days written notice, either by certified mail, hand-delivery to the management of PowerHaus Fit, or by electronic means (i.e., email). No refunds will apply.
4. DEFAULT/REMEDIES. Any monthly payment received more than ten (10) days after the due date shall be subject to a late charge of ten percent (10%) of the amount due or Twenty Dollars ($20.00), whichever is greater.
5. MEMBERSHIP ACCESS. Member will be issued an access key, which will entitle Member to enter the premises and enjoy the use and benefit of the facilities of PowerHaus Fit (collectively, the "Facility"). Member agrees not to allow any other person(s) access to the Facility using Member's access key, and Member will not allow anyone to enter the Facility along with Member. Member agrees to safeguard the identity of the access key. Should Member violate any conditions of Membership Access, the membership may be revoked with no refund, and criminal prosecution may be applicable.
6. FACILITY AND HOURS OF OPERATION. The Facility is an unmanned fitness center and, with the exception of any closures for maintenance or any mandatory shutdowns by property management or any governmental authority, is open twenty-four (24) hours, three hundred sixty-five (365) days a year.
7. PERSONAL TRAINING. Personal training or coaching of any kind should be provided by PowerHaus Fit employees only. Trainers and coaches that are not employed by PowerHaus Fit are prohibited from providing training and coaching services to members or participants. Failure to comply with the Training and Coaching Policy is in direct violation of PowerHaus Fit policy and may result in suspension or termination of PowerHaus Fit membership privileges.
8. RULES AND REGULATIONS. Member acknowledges that PowerHaus Fit operates under rules and regulations established for the safety and protection of its members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by PowerHaus Fit. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of PowerHaus Fit. Member agrees to accept such reasonable change(s) as a condition of membership. Member additionally recognizes:
a. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by PowerHaus Fit.
b. All equipment shall be wiped down by Member after each use, with the supplies provided by PowerHaus Fit.
c. This membership is for Members, and Members only, and Member will not give access to another individual.
d. Member will not misuse the equipment.
e. All members must be at least eighteen (16) years of age, unless otherwise authorized by PowerHaus Fit.
f. Members shall conduct themselves in a quiet, well-mannered fashion so as not to cause any disturbance which may interfere with the use and enjoyment of the Facility by any other member. Profanity or indecent language and/or behavior will not be tolerated. Any conduct deemed by PowerHaus Fit, in its sole discretion, to be offensive, potentially harmful, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member's membership by PowerHaus Fit.
g. PowerHaus Fit shall not be responsible for any lost or stolen items.
h. Member should not occupy any equipment for an extended period of time. Member should allow others waiting to use such equipment to work into their rotation.
i. The climate of the Facility is controlled by PowerHaus Fit and is set to provide the optimum exercise environment for the majority of its members. Members shall not change or seek to change any environmental controls and shall never prop open any doors or windows to the Facility for any purpose.
9. PROHIBITED ACTIVITIES. Alcohol, drugs (including steroids), and smoking are prohibited within the Facility. Member agrees not to use the Facility or engage in any activity at PowerHaus while under the influence of drugs, alcohol, or medication that may impair Member's ability to operate the equipment. No photography, videotaping, filming or audio recording is permitted within the Facility without the express written consent of PowerHaus Fit’s management. PowerHaus Fit reserves the right, in its sole discretion, to limit the consumption of food or beverages, or to the use of outside equipment within the Facility.
10. DRESS/TOWEL POLICY. PowerHaus Fit requires that members wear appropriate clothing and footwear while in the Facility. Appropriate clothing includes gym shorts, T-shirts, jogging suits, aerobic wear and sweat outfits. Street clothing and jeans are not considered appropriate clothing. Street shoes are prohibited within the Facility. Member agrees to have a cloth towel during workouts to protect and clean the equipment after Member's use.
11. COUNTERPARTS. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
12. BINDING EFFECT. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns.
13. ENTIRE AGREEMENT. This Agreement, including the schedules, lists and other documents referred to in this Agreement which form a part of this Agreement, embody the entire agreement and understanding of the parties with respect to the subject matter contained in this Agreement. There are no restrictions, promises, warranties, covenants or undertakings, other than those set forth or referred to in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties with respect to each subject matter.
14. SUSPENSION AND TERMINATION. I understand that PowerHaus Fit may suspend or terminate my membership at any time, in it sole and absolute discretion, for non-payment of Membership Fees or for violation of any of PowerHaus Fit’s policies and procedures, and that in so doing, PowerHaus Fit assumes no further liability to adhere to the terms of this Agreement.
15. ACCEPTANCE OF TERMS. As a Member, I understand that I am entitled to use the Facility within the scope of the membership that I have selected, and that I am obligated to pay my dues and fees regardless of whether or not I use the Facility. I agree to promptly update PowerHaus Fit of any change in my contact information (including address, telephone number or email address) or change in credit information. I certify that I have read the foregoing Membership Agreement, and that by signing below, I acknowledge that I understand and agree to be bound by all of the terms and conditions hereof. I further acknowledge that a fully executed copy of this Membership Agreement has been provided to me.