This Membership Agreement ("Agreement") is between San Diego Sports, LLC (“San Diego Sports, LLC”) and the applicant identified on the reverse side of this Agreement ("Applicant").
Article I. Membership
Section 1. Nature of Membership
Use of Facilities. Membership confers solely the right to use and enjoy the Facilities of San Diego Sports, LLC in accordance with San Diego Sports, LLC’s rules and regulations, as they may change from time to time. "Facilities" is defined as the San Diego Sports, LLC Site or Sites included in the membership as specified on the reverse side of this Agreement. "Site" is defined as any one of San Diego Sports, LLC's health club locations to which Applicant belongs. Membership does not confer any interest in the property or assets of San Diego Sports, LLC or any right to participate in the management or operations of San Diego Sports, LLC, financially or otherwise.
Section 2. Approval of Membership
Membership. All applications and membership agreements must be on forms prescribed from time to time by San Diego Sports, LLC and are subject to the timely payment of the required fees and the approval by San Diego Sports, LLC. Persons 18 years or older may become members. At the discretion of club management, minors aged 13 through 17 may join San Diego Sports, LLC with written parental approval on the reverse side of this Agreement. Minors under the age of 16 must be accompanied by a parent or personal trainer while using the facility. The parent is liable for the unpaid fees and charges of a member who is a minor.
Section 3. Fees and Charges
Registration Fees. As a condition of membership, Member shall pay a registration fee to San Diego Sports, LLC. The amount, manner and time of payment of such fee shall be established by San Diego Sports, LLC and may be changed from time to time. No portion of such fee will be refunded upon termination of membership after the ten (10) day cancellation period set forth on the reverse of this Agreement has expired.
Dues and Charges. Member shall pay dues each month and may terminate his/her membership in accordance with the resignation procedures outlined in this Agreement. Dues and charges for each category of membership in San Diego Sports, LLC shall be subject to change. A member shall pay dues and charges pursuant to an electronic funds transfer agreement under which the amount of monthly dues and charges will be automatically transferred from the member’s bank account, or charged to the member’s MasterCard or VISA once each month on or after the due date for payment. A member who is unable to provide a currently effective electronic funds transfer authorization which allows such payments to be timely made, shall have no charging privileges in San Diego Sports, LLC for goods and services. Dues and charges incurred by all family members will be charged to one electronic funds transfer account. Receipts for goods or services purchased at San Diego Sports, LLC shall be issued at the time the goods are purchased or the services received, if requested by a member. Prepaid dues shall not be refunded except as specified in Article 1, Section 6 or Article 1, Section 9 of this agreement.
Late or Returned Item Charges. A late fee will be assessed to defray San Diego Sports, LLC’s bookkeeping costs in handling the late payment for the following reasons: any payments due because of a member’s resignation under Section 4 below, for a returned check, or debit problems such as insufficient funds, closed account, frozen or declined credit card or similar circumstances which result in a late payment.
Unavailability of Facilities. The obligation to pay dues is not dependent on the availability of all San Diego Sports, LLC’s Sites at all times. Repairs or maintenance may make it necessary for San Diego Sports, LLC to restrict use of, or close one or more of the Sites. Dues will not be reduced nor suspended during the time when one or more of the Sites are not available.
Section 4. Voluntary Resignation
Procedure. A member may resign from San Diego Sports, LLC by giving advance written notice to San Diego Sports, LLC after which he/she must surrender his/her membership card and pay any dues and other unpaid charges to San Diego Sports, LLC. Resignation notices received by San Diego Sports, LLC on or before the 15th day of the calendar month will become effective on the last day of that month. Resignation notices received on or after the 16th calendar day of the month, will become effective on the last calendar day of the following month. No resignation will be effective and dues shall continue to be payable hereunder until San Diego Sports, LLC has received the member’s membership card and all required payments have been made to San Diego Sports, LLC. After the member's resignation has become effective, the member will not be subject to any further dues. Unless otherwise noted, all members on a family membership will be terminated with notice of resignation by any family member.
Section 5. Involuntary Resignation
Procedure. San Diego Sports, LLC reserves the right at any time to terminate the membership or privileges thereunder of any member for failure to comply with any of the rules and regulations adopted by San Diego Sports, LLC or for any conduct San Diego Sports, LLC determines to be improper or in any way contrary to the best interest of San Diego Sports, LLC and its membership. The membership may be terminated by notification in writing mailed to the last address shown on the records of San Diego Sports, LLC for the member being terminated. The terminated member will be required to return promptly his/her membership card to San Diego Sports, LLC. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by San Diego Sports, LLC. The membership of any member who is 45 days in arrears in the payment of his/her account to San Diego Sports, LLC may, at the option of San Diego Sports, LLC, be terminated.
Section 6. Disability or Death
Proration of Fees. If a member is unable to use the Facilities as provided herein due to disability, or if a member dies, he/she and his/her estate shall be relieved from the obligation of making monthly payment hereunder upon the receipt by San Diego Sports, LLC of notice of the member’s death or disability, as applicable. Upon written request, the member or his/her estate, as applicable, shall be refunded a prorated portion of any payment made to San Diego Sports, LLC for services to have been used after the date of death or disability, but not so used. As used herein, the term "disability" means a condition which precludes the member from physically using the Facilities as verified in writing by a physician.
Section 7. Resale of Membership
No Resale. Applicant may not sell or otherwise transfer the membership to any other party.
Section 8. Freeze Status
Procedure. A member may apply for freeze status by giving advance written notice to San Diego Sports, LLC after which he/she must pay any dues and other unpaid charges to San Diego Sports, LLC. Requests for freeze status received by San Diego Sports, LLC on or before the 15th day of the calendar month will become effective on the last day of that month. Requests received by San Diego Sports, LLC on or after the 16th calendar day of the month will become effective on the last calendar day of the following month. Members may apply for a freeze status no more than once every twelve months for a maximum of six months. A freeze charge will apply
Section 9. Change in Residence
Relocation Out of Area. If a member changes his/her principal residence to a location more than 25 miles from the Facilities, such member, upon written notice of the move to San Diego Sports, LLC, shall be relieved from the obligation of making any further payments for monthly dues other than for any month prior to the change of residence. In such event, members who are subject to the deferred registration fee pursuant to Article I, Section 4 of this Agreement shall pay a fee of $100 or less if less than (6) months has passed since the date of the enrollment, or a fee of $50 if more than six (6) but less than twelve (12) months has passed since the date of enrollment. Upon written request to San Diego Sports, LLC, prorated portions of dues paid before the date of the move for services to have been used after such date, but not so used, shall be refunded to the member.
Section 10. Arbitration Applicant agrees to resolve any and all unasserted claims, disputes or controversies arising out of or relating to membership with San Diego Sports, LLC, exclusively by final and binding arbitration using the American Arbitration Association’s (AAA) Commercial Arbitration Rules. This includes, but is not limited to, claims related to fee disputes, personal injury and any other claim which may be asserted under the law of contract and/or law of tort and/or asserting a public policy or Constitutional claim. California law shall govern the dispute.
Section 11. Non-discrimination
San Diego Sports, LLC’s policy is to accept applications for membership from any individual or business organization of good character and responsible credit background without regard to race, creed, color, sex, sexual orientation, or national origin.
Article II. Waiver of Claims and Severability
Applicant understands that fitness activities, especially strength and aerobic training, involve a potential for risk of physical injury and related damages. Applicant understands San Diego Sports, LLC does not manufacture the fitness and other equipment at San Diego Sports, LLC, but purchases and leases the equipment from third parties. Applicant acknowledges that members generally will use the equipment and engage in other fitness activities at San Diego Sports, LLC without close supervision, and that each member will be solely responsible for his/her safe and appropriate use of San Diego Sports, LLC’s facilities. Applicant therefore expressly agrees to assume the risk that he/she, or his/her guests, may suffer injury or damage as a result of his/her use of San Diego Sports, LLC’s facilities and equipment, and agrees for himself/herself and on behalf of his/her guests and personal representatives or successors or assigns, as applicable, that San Diego Sports, LLC (including its owners, partners, members, directors, officers, attorneys, employees, agents and the City of San Diego) will not be liable for any damages nor injuries Applicant may suffer in or about San Diego Sports, LLC, except to the extent such damages or injuries are the result of the sole negligence or willful misconduct of San Diego Sports, LLC. Applicant also agrees that San Diego Sports, LLC will not be responsible or liable for any loss, theft or damage to Applicant’s personal property in or about San Diego Sports, LLC, including any personal property kept in a member’s locker.
If any provision of this agreement is ruled invalid or unenforceable as applied to any person or circumstance, all other provisions of this agreement shall remain valid and enforceable as applied to all other persons and circumstances.
Article III. Rules and Regulations
Section 1. Registration
A member must check in and present his/her membership card each time he/she uses San Diego Sports, LLC. There is a fee to replace a lost or stolen card.
Section 2. Attire
Proper attire is required for participants using San Diego Sports, LLC. Shirts and shoes are required in all public and recreational areas. San Diego Sports, LLC may prohibit the use of any personal equipment on the premises of any San Diego Sports, LLC facility.
Section 3. Damages
Any damage to San Diego Sports, LLC’s property or to another person on San Diego Sports, LLC’s premises by any member, member’s family (including dependent children) or guests shall be paid for by the member.
Section 4. Hours
San Diego Sports, LLC’s hours are adjusted seasonally and in accordance with the frequency of member usage. San Diego Sports, LLC reserves the right to change the operating hours by posting new hours in San Diego Sports, LLC.
Section 5. Minors and Children
Children through the age of 12 are not allowed in San Diego Sports, LLC, except in designated baby-sitting areas during posted baby-sitting hours under staff supervision.
Section 6. Personal Business
Members may not use San Diego Sports, LLC premises for personal business without prior written approval by San Diego Sports, LLC.
Section 7. Amendment of Rules and Regulations
San Diego Sports, LLC may from time to time adopt rules, regulations or policies amending or supplementing those contained in this agreement, and all members will be obligated to comply with such rules, regulations or policies. If new or amended rules or regulations are adopted, they will be published as "Additional or Substitute Rules and Regulations," unless they are of such a nature that publication would be inefficient or inappropriate, in which case notice shall be posted or members shall be otherwise advised of the amendment or supplement to the rules as necessary.
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