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STATE LAW REQUIRES THAT HEALTH CLUB AGREEMENTS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB WHICH ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES WHICH SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE:

(a) Full payment within ninety (90) days after entering into the health club agreement; or

(b) Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.

 

  1. DEFINITIONS: You may also be referred to as “Buyer” or “Member” throughout this Membership Agreement. We may also be referred to as “Iron House Strength and Conditioning”, “Health Club Facility”, or “Iron House.” 

 

  1. DISCLAIMER FOR PREPAID MEMBERSHIPS. SHOULD YOU (THE BUYER) CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH CLUB CEASES TO CONDUCT BUSINESS.



 

  1. MEMBERSHIP TERM AND TERMINATION. The Initial Term of this Membership Agreement shall be for a period of 1 year or 2 year as selected above and shall automatically renew unless terminated in the manner prescribed below. We may cancel this Membership Agreement at any time upon providing written notice of its termination. You may cancel this Membership Agreement only by providing a ninety (90) days for 2 year and sixty (90) days for 1 year, written notice. This ninety and/or sixty day notice must be given at least ninety and/or sixty days before the next auto draft date of your account.  In the event you fail to provide ninety and/or sixty days’ notice, you shall be liable for a termination fee equal to two billing cycles. This termination fee shall be automatically charged and auto drafted from your card that you leave on file. 

 

  1. RENEWAL TERMS. THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(A)(5)(B)(ii).

 

  1. RENEWAL TERMS FOR MONTH TO MONTH RENEWALS. A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH TO MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING SIXTY (60) DAYS WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH TO MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER'S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON SIXTY (60) DAYS' WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.

 

  1. RENEWAL RIGHTS FOR THE BUYER: ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO $25 IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.

 

  1. ACCESS CARD. We will provide you with a key card that will allow you to access the gym at your convenience provided you are not in default of this Membership Agreement. You will be responsible for maintaining the key and the key shall be due back to us immediately upon the termination of your Membership Agreement. Please be advised that if you lose your key or your key becomes damaged and/or unusable in any way, you will immediately be charged $35.00 for a key replacement. This charge may be automatically charged and auto drafted from your card that you leave on file.

 

  1. LATE FEES AND DEFAULT. A $15.00 late fee shall be charged to your account in the event you fail to make payment on the first of the month and in accordance with the terms of this Membership Agreement. This late fee will be automatically charged and auto drafted from your card that you leave on file. Further, please also be advised that we reserve the right to disallow your entry to Iron House Gym in the event your account is deemed in default of this Membership Agreement.

 

  1. MAINTENANCE FEES. We will charge your account a $40.00 annual equipment maintenance fee. This fee will be drafted from the card you leave on file on the 15th day of your 6 month of this Membership Agreement. This charge shall be automatically charged and auto drafted from your card that you leave on file. Members who make payment in full for six months or entire year upon signing this Agreement, shall be reduced to $20.00 maintenance fee. 


 

  1. WAIVER AND RELEASE OF LIABILITY. We urge you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at your sole risk and you understand hereby voluntarily assume any and all risks associated using equipment or participating in any exercise class or program. You understand that the agreement to use or selection of exercise programs, methods, and types of equipment, shall be at member’s entire responsibility and we shall not be liable to you for any claims, demands, injury, damages or actions causing injury to your person or property arising out of your use of the services, facilities, equipment and premises of Iron House. You, your agents, beneficiaries, or any and all entities or individuals that could in any way have legal rights through you or on your behalf, hereby hold us, our officers, owners, agents, and employees harmless from all claims, costs, including attorneys’ fees, demands, causes of actions, suits, injuries, damages of any kind whatsoever, or death, sustained by you, which arise out of my use and/or participation of the exercise equipment and/or program. You further represent and warrant that you shall carefully inspect each piece of fitness equipment prior to its use and that you will not use equipment that is functioning improperly, damaged, or dangerous. You agree to report said equipment to management immediately. If under 18 years of age, an agreement must be signed by a member and a parent or guardian. 

 

  1. MEMBERSHIP CANCELLATION WITH PERSONAL TRAINER. In the event you hire an Iron House personal trainer, and wish to discontinue sessions with said personal trainer, please be advised that your trainer’s cancellation requirements are separate from the requirements found in this Membership Agreement. As such, cancellation of a personal trainer contract will not effectuate a cancellation of this Membership Agreement and you shall continue to be a member of Iron House Strength and Conditioning and your obligations under this Membership Agreement shall continue until such time as you cancel your Membership Agreement in accordance with Section 4 above. 

 

  1. YOUR RIGHT TO CANCEL. Please be advised that you may cancel this Membership Agreement by sending written notice of your desire to cancel before midnight of the third day (excluding Saturdays, Sundays, and legal holidays) or, if this Agreement is subject to a finance charge, the seventh day after you signed this Agreement. This notice must be sent by registered mail to the following address: 3664A Central Pike, Hermitage, TN 37076. Within thirty (30) days after the receipt of the notice of cancellation, we will return any payments made and any notice executed by you in connection with this Agreement. 

 

  1. ATTORNEY’S FEES. In the event you default under the terms of this Membership Agreement or breach this Membership Agreement, you agree that you will be responsible for paying all of our attorney’s fees and costs of collections that we incur due to your default. 

 

  1. SEVERABILITY. In the event any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall still remain in full force and effect. 

 

  1. AUTOMATIC CHARGES.  All charges and fees including but not limited to your monthly fee, maintenance fees, early termination fees, late fees, and access card replacement fees shall be automatically drafted from the credit card that you leave on file with us. As such, you hereby authorize us to charge said fees and charges from the credit card that you leave on file with our office. 

 

  1. GOVERNING LAW.  This Membership Agreement shall be governed by the laws of Tennessee and any disputes between the parties shall be resolved in the courts of Tennessee in Davidson County irrespective of any conflicting venue laws.

 

  1. ALTERNATIVE LOCATIONS. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IN THE EVENT THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.

 

  1. THIS CONTRACT DOES NOT CONTAIN ANY PAYMENTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, MEMBERSHIP FEES, OR ANY OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, OTHER THAN FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS WHICH ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD.