WESTERN LOTUS ATHLETICS, LLC
TERMS & CONDITIONS
Western Lotus Athletics, LLC (hereafter referred to as WLA)
1. PROVISIONS. WLA will provide proper specified training in a safe environment.
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 WLA 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 WLA will rely on the foregoing warranty in issuing the Membership; 2) the WLA 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 WLA, 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) WLA shall not be subject to any claim, demand, or injury whatsoever on account of the WLA evaluation or interpretation of such fitness assessment or similar testing. 5) The WLA 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 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 exercise or continuing to exercise if a medical condition appears or appears to be developing.
3. LIABILITY AND WAIVER OF LIABILITY. Each member of the WLA 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 WLA or any activity or function operated, arranged or sponsored by the WLA. 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 WLA Facilities, or participation in, the WLA facilities operated, arranged or sponsored by the WLA either on or off of the WLA premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and the WLA 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 WLA, 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, WLA Property dues, or for behavior inimical to the enjoyment of the WLA 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. Cancellation must be in writing and delivered to WLA either in person or by certified registered mail. All faxed and mailed cancellations will be dated 30 days from fax date or postmark. Dues for the final month will be pro-rated and billed during the final month. In the event of a three (3) day cancellation, the WLA will refund all enrollment fees and dues paid, less retail value of any product received. Month-to-month members may voluntarily terminate membership at any time after their 6 month agreement for any reason by: 1) notifying the WLA in writing by certified mail, return receipt requested or in person 30 days prior to cancellation and; 2) paying all current charges prior to termination. You may also cancel if the Member relocates more than 20 miles from the WLA and provides adequate proof of residence. WLA Enrollment Fees are non-refundable except as indicated above.
6. UNPAID BALANCES. All balances which are 30 days past due are subject to a $50.00 monthly service fee. In addition to other rights, Management reserves the right to:
a. Collect the current and past due balance.
b. Suspend and/or terminate membership privileges.
c. 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.
d. Collect a service fee of $50.00 for any check or draft payable to the WLA, which is not honored.
7. ENTIRE AGREEMENT. This agreement and Bylaws constitute the entire and exclusive membership agreement between the parties. Any promises, representation, understanding, oral or written, pertaining directly or indirectly to the agreement that is not continued herein, are hereby waived.
8. I certify that I have received a copy of the Rules and Bylaws and have read and understand them.
*terms and conditions are subject to change without notice. Click link below to email yourself a copy of the terms and conditions. You must sign up