MEMBER AGREEMENT TERMS AND conditions
1. PROVISIONS. The The AERO Space will provide a fully equipped pole dance facility including poles, mirrors, yoga mats and other fitness resources. The The AERO Space and facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. In order to keep the facility in the best possible condition a portion of the The AERO Space may be closed for a temporary time period for repairs and renovations. There will be no adjustment in dues for this period of closure.
2. MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of the The AERO Space under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that: 1) the The AERO Space will rely on the foregoing warranty in issuing the Membership; 2) the The AERO Space shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition; 3) if any fitness assessment or similar testing is performed by the The AERO Space, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes. 4) The The AERO Space shall not be subject to any claim, demand, or injury whatsoever on account of the The AERO Space’s evaluation or interpretation of such fitness assessment or similar testing. 5) The AERO Space shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive dance or exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in dance or exercise or continuing to dance or exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY. Each member of the The AERO Space shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at The AERO Space or any activity or function operated, arranged or sponsored by The AERO Space. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof. Any and all use of the The AERO Space Facilities, or participation in, the The AERO Space, activities operated, arranged or sponsored by the The AERO Space either on or off of The AERO Space’s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and the The AERO Space shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge The AERO Space, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action.
4. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, The AERO Space dues, or for behavior inimical to the enjoyment of the The AERO Space by other members and staff for any reason deemed sufficient in the sole discretion of Management.
5. BUYER’S RIGHT TO CANCEL OR TERMINATE. Members have the right to cancel this contract within three (3) business days after receipt of a copy of this contract. Member will be responsible for paying The AERO Space cash value of any classes taken during the 3 day period prior to cancellation. Cancellation must be in writing and delivered to The AERO Space either in person, email or written letter. All faxed and mailed cancellations will be received prior to the 20th of the month to prevent payment for following month. Dues for the final month will be paid in full prior to the final month. In the event of a three (3) day cancellation, the The AERO Space will refund all enrollment fees and dues paid. Month-to- month members may voluntarily terminate membership at any time any reason by: 1) notifying the The AERO Space in writing by fax, email or written letter; 2) paying all current charges prior to termination. The AERO Space Enrollment Fees are non-refundable except as indicated above.
6. UNPAID BALANCES. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to:
Collect the current and past due balance.
Suspend and/or terminate membership privileges.
Recover from Member(s) any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing.
Collect a service fee of $30.00 for any check or draft payable to the The AERO Space which is not honored.
7. AGREEMENT AND RELEASE OF LIABILITY. The AERO Space will provide access to the building. I acknowledge the supervision is not always provided at the facility. I acknowledge that use of the key card or code by someone other than myself will result in loss of membership and deposit.
8. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promise, representation, understanding, oral or written, pertaining directly or indirectly to the agreement which are not continued herein, are hereby waived.