1. PURPOSE.
The purpose of this agreement is to provide Member with the right to access the equipment and services, as chosen below, of Shape Up, a gym located in Prairie Grove, Arkansas, in exchange for a monthly fee as set forth below.
FEE SCHEDULE. Member agrees that Member will pay the following fees for the corresponding access and services as set forth below.
Gym membership and access to gym equipment-one (1) year contract: $25.00 per month
Access to unlimited classes-one (1) year contract: $55.00 per month
Access to unlimited classes and access to gym equipment-one (1) year contract: $55.00 per month
Access to gym equipment-month to month: $45.00 per month
Pay as you go classes: $10.00 per class
START-UP FEE. Member agrees that Member will pay a start up fee of , which will cover the cost of provided member with a swipe card to provide member with access to the gym and facilities.
RULES AND REGULATIONS. Member agrees that Member will abide by the posted rules and regulations set out in the gym and/or on any paper attached to this contract, and the same are incorporated herein by reference. Parties agree and understand that in the event of any violation of any of the aforesaid rules and regulations, the gym will have the right to 2 immediately terminate this agreement, and Member agrees that in such event, Member will return to gym their swipe card, and will no longer attempt to access the gym for any purpose.
LIABILITY FOR MEMBER’S GOODS. The parties agree that any personal property brought to gym by Member will be Member’s responsibility. Member agrees that any personal property left at gym by member will become the property of the gym, subject to any agreements for lockers or storage to the contrary by and between Member and the gym.
WAIVER OF LIABILITY. Member agrees and understands that exercising at the gym may involve some degree of risk of physical injury to Member. Member agrees to assume any such risk, and agrees to save and hold harmless, and indemnify the gym for any injuries incurred by or caused by Member while working out at the gym.
DEFAULT. The parties agree that in the event Member should choose an option which includes a one (1) year contract, that Member shall be liable for each of the monthly payments called for under the terms of the one (1) year contract, regardless of whether Member chooses to avail themselves of the services or equipment provided by the gym. In the event Member shall fail or refuse to pay for any monthly payment called for under the terms of this contact, the gym shall have the right to file suit against Member for the entire balance of unpaid monthly payments due under the terms of this contract, and for all of their costs and attorney’s fees associated with the collection of same.
LATE CHARGE. The parties agree that payments will be due on the first day of each month under which payments are called for under the terms of this agreement. The parties agree that there will be a late charge of Five Dollars ($5.00) for any payments made more than ten (10) days after the first day of each month to cover the expense of handling late payments.
SEVERABILITY. The parties agree that if any portion of this agreement shall declared inoperable or invalid as a result of a statute of judicial decision, then only that portion expressly declared to be inoperable or invalid shall be affected thereby, and all of their provisions hereof shall remain in full force and effect.
CHOICE OF LAW/FORUM. The parties agree that this agreement shall be governed by the laws of the State of Arkansas, and original jurisdiction and venue for any disputes arising out of this agreement shall be in the Courts of Washington County, Arkansas
COMPLETE AGREEMENT. This agreement constitutes the entire agreement between the parties, and there are no other agreements, either written or oral, between the parties