Membership Enrollment / Contract  

Note: This extract from the membership enrollment form and contract is published here on the web for your information and convenience and is NOT to be construed as legally binding on you or WESTSIDE GYM, INC. In every case where there is a conflict between the information on this web page and the agreement signed by you when the enrollment form is received by WESTSIDE GYM, INC., the membership enrollment form and contract overrides the information on this web page. Please see additional caveats on the disclaimer page.

Membership entitles the individuals listed on the membership contract to use the facilities of WESTSIDE GYM, INC. subject to reasonable rules & regulations that may be established by WESTSIDE GYM, INC. at its sole discretion, including hours and days of operation. If the "Ongoing" box is marked on the contract, the membership may continue on a month to month basis, subject to payment in advance of the current renewal rate. Upon termination of the contract and return of the PASS CARD key in usable condition, the Key Deposit, if any, will be refunded.

Member represents that he or she is in good physical condition and is able to use equipment and exercises recommended by WESTSIDE GYM, INC.

Member recognizes and understands that the facility is self-monitoring and that use of the facility, the equipment, and any activity undertaken on the premises of WESTSIDE GYM, INC. is done so at the mmeber's risk. It is the member's responsibility to workout smart.

MEMBER ASSUMES FULL RESPONSIBILITY AND FOREVER RELEASES WESTSIDE GYM, INC. AND ITS EMPLOYEES FROM ANY CLAIM, EXPENSE, LIABILITY, LOSS OR DAMAGE FROM USE BY MEMBER OR PRESENCE OF MEMBER IN ANY FACILITIES OR EQUIPMENT OF WESTSIDE GYM, INC. INCLUDING ANY CLAIM FOR PERSONAL INJURY FROM ACTS OF WESTSIDE GYM, INC. OTHER THAN GROSS, WILLFUL OR WANTON NEGILGENCE.

Member agrees that WESTSIDE GYM, INC. and its employees are not responsible for lost or stolen articles or possessions of personal property.

If account becomes delinquent, WESTSIDE GYM, INC. further reserves the right to immediately terminate membership privileges, including access to ANY FACILITIES OR EQUIPMENT OF WESTSIDE GYM, INC., without notice. Membership privileges may, at the descretion of WESTSIDE GYM, INC. be reinstated for a fee of up to $25.00, or permanently terminated without reprisal.

Member represents that he or she has passed their 16th birthday.

BUYERS RIGHT TO CANCEL

YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS:

WESTSIDE GYM, INC. 559 SOUTH BRACE RD, ETHRIDGE, TN 38456

WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.

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.

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 PAYENTS SHALL BE DUE TO ANYONE, INCLUDEING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.

STATE LAW REQUIRES THAT HEALTH CLUB AGREEMETS 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 SHLLL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL OCNTRACT 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 (30%) percent of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.

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 MONTLY INSTALLMENT PAYMENTS WTH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRY PERCENT (30%) OF THE TOTAL COST OF THE AGEREEMENT, AND IN THE CASE OF INSTALLMENT PAYMENTS WHICH ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH AND ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD.

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 UYER AT THE BEGINNING OF TH RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OR BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED OST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS TAN 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).

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 THIRTY (30) 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 BUYERS RIGHT TO CANCEL THE CONTINUING MONTH TO MONTH OBLIGATION UPON THIRTY DAYS (30) WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.

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.