RELEASE OF LIABILITY AND ASSUMPTION OF RISK – INDEMNITY – COMMUNICATIONS Phone CONSENT
Using the WSC facilities, services, or activities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your acceptance of the benefits under this agreement, you understand and voluntarily accept this risk and agree that WSC, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of WSC or anyone on WSC behalf or anyone else whether related to exercise or not. You agree to indemnify, defend and hold WSC harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify WSC from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if Woodinville Sports Club was negligent. Further, you understand and acknowledge that Woodinville Sports Club does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Woodinville Sports Club is providing recreational services and may not be held liable for defective products.
By signing below, you (1) acknowledge and agree that you have read the foregoing and know of the nature of the activities at Woodinville Sports Club and agree to all terms herein, and (2) give my express consent for Woodinville Sports Club to contact me and send me marketing communications by direct mail, telephone, pre-recorded message, text message, instant message, email and other means.
TERMS AND CONDITIONS
Member agrees to make timely payment of ALL fees associated with their membership including on account retail payments. All payments will be done through Electronic Funds Transfer (EFT) from members financial account (Credit/Debit Card, Checking/Savings Account). Payment for membership dues and fees will be charged on the 1st of each calendar month, with first month’s dues prorated based on start date. It is the responsibility of the member to keep ALL account information accurate and current.
MEMBERSHIP TYPE DEFINITIONS
- Family and Couple memberships are required to be under one household with a maximum of two > 18 adults.
- Dependents and children in a Family membership must be < 18 years old.
- Junior members must be < 18 years old.
- Student members will be required to show transcripts quarterly to verify enrollment.
- See WSC Membership Guide for tennis booking policies allowed for each membership type.
DEFAULT AND LATE PAYMENTS
Should Member default on any payment obligation as called for in this agreement, WSC will have the right to declare the entire remaining balance due and payable and Member agrees to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this Agreement is more than ten (10) days late. Should any monthly payment become more than ten (10) days past due, Member will be charged a late fee. An additional service fee may be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), WSC’s Designated Billing Company, Caliber Labs, LLC, reserves the right to draft via EFT all amounts owed by the Member including any and all late fees and service fees subject to appropriate State and Federal Law.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY
WSC hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this Agreement will continue to apply and Member agrees to authorize the new Designated Billing Company to continue drafting Member’s account.
MAINTENANCE OF FACILITIES
WSC may be temporarily closed for periods of up to two (2) weeks each year for maintenance purposes. WSC reserves the right to add an annual facility maintenance charge of up to, but no greater than, $150 per membership account. If a Facility Maintenance Charge is implemented in the future, Member will be given a minimum of a sixty (60) day notice of the amount owed and due date. Member authorizes the Designated Billing Company to automatically draft this amount along with the Member’s regular membership dues.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
- Member agrees to abide by all WSC policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other members with courtesy.
- Member agrees to pay monthly dues on time, including notifying WSC promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
- Term contracts are not refundable and will automatically rollover into designated monthly dues once contract terms are met.
- Failure to make payments on-time for any reason will result in loss of membership privileges and assess a late penalty (as outline in the WSC Membership Guide) until payment is recouped by WSC. WSC Management reserves the right to increase late penalty amount with 60 day notice to membership.
- Member agrees to pay all costs of collection incurred by the holder of this agreement if Member’s account becomes more than sixty (60) days past due.
- Member agrees to continue to fulfill the financial obligation of this agreement except as allowed via Disability or Death as outlined below.
- Members are required to check in with the front desk using their provided WSC keycard or valid photo ID.
- If Member becomes temporarily disabled, Member may freeze their account for up to three (3) months. The request must be made in writing and WSC may require proof of the disability and a written physician note verifying that the Member is not physically able to use the facilities of WSC.
- A medical issue is the only circumstance where a non-senior member can freeze their account and must be accompanied with appropriate information from the doctor or medical facility (nature of injury, approx. recovery time). Senior members are allowed one freeze (up to 120 consecutive days) per calendar year. A monthly administrative fee of outlined in the WSC Membership Guide will be charged to all freezes.
- If Member is permanently disabled, Member may cancel this Agreement with the standard 30 day notice to cancel membership in writing. If account is currently frozen for medical reasons and it is determined member is permanently disabled, the 30 day minimum notice can be waived.
- If Member’s account is frozen for any reason, Member will be assessed a fee as outlined in the WSC Membership Guide. Regular payments and time will be added to the end of the existing membership term (if applicable).
- Member’s accounts will continue to accrue monthly membership fees until explicitly cancelled by the Member. Member understands that WSC will under no circumstance automatically cancel an account on behalf of the Member and that the Member is responsible for giving appropriate written notice to WSC. Member’s account must be current before any cancellation will take effect.
- Member may cancel their membership and receive a full refund within three (3) business days of signing this Agreement by providing a written notice and returning all access cards to WSC. If access cards are not returned, WSC will deduct the cost of the cards from the refund.
- Month-to-month memberships may be cancelled provided a thirty (30) day written notice prior to next monthly due date is hand-delivered or emailed to CANCEL@WOODINVILLESPORTSCLUB.COM. In the event the members next scheduled billing date is less than 30 days from the submission date they WILL be billed the full amount of their dues per the terms outlined in their contract. Any payments due prior to cancellation taking effect will still be due and payable.
- Prepaid dues, programming, lessons, and punch cards will not be refunded regardless of illness, injury or personal circumstance.
- If Member dies or becomes totally and permanently disabled, Member or Member’s estate may cancel this Agreement by providing a written request and certifiable proof of disability or death. For permanent disability, Member’s doctor must provide certification of the disability and state that the Member is unable to use any of WSC’s facilities. Any pre-paid dues remaining will not be refunded.
- WSC reserves the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of WSC policies, violation of terms of this Agreement, or due to damage rendered by Member or Member’s guests, Member will remain responsible for the financial obligations of this Agreement, as well as a $25.00 cancellation fee. In the case where the facility or its contents are damaged, Member is also responsible for any repair or replacement thereof.
- To cancel for any of the above reasons, Member is to send or deliver a written notice to WSC or to the Designated Billing Company, and remit payment for any past due balances.
SUMMARY OF MEMBERSHIP POLICIES
- Member, by executing this Agreement, does hereby join WSC and such membership entitles the Member to use the facilities. The Member is entitled to use the facility only and Member is required to provide Member’s own athletic equipment and clothes. The Member may be subject to additional charges for and including, but not limited to, tennis courts, lessons, and personal training. The Member may also be charged for purchases through the use of their key or account number.
- Member must present upon entering WSC his/her membership card. Member agrees that Member may be denied access to WSC without his/her membership card.
- Member agrees to abide by all membership regulations of WSC. Member agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, Member will be responsible for all payments due and owing under this Agreement, even if Member does not use WSC’s facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If WSC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, WSC will extend the Member’s membership privileges for the period the facilities were unavailable.
- If Member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, WSC may suspend the Member’s right to use the facility until such time as the Member provides WSC with reasonable assurance of future compliance. During the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. Additionally, Member may be assessed an account suspension fee not to exceed $10/month. In the event Member continues to violate the terms of this Agreement or the rules and regulations governing the facility, the Member’s membership may be terminated by WSC, and the balance of the Agreement declared due and payable in full immediately.
- Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as a trainer for any other members or guests and any acts which constitute such business activities are strictly forbidden. If Member engages in such commercial or business activities Member’s membership shall be subject to immediate cancellation and the balance of this Agreement declared due and payable in full immediately.
- Member agrees that Member shall abide by WSC dress code at all times while in the facility. Member must wear a shirt or top at all times. Flip-flops or bare feet are not allowed in WSC.
- Member agrees that he/she will not use loud or profane language upon WSC premises nor will Member molest, badger, assault or harass other WSC members, guests or employees. If Member engages in such behavior, Member’s membership shall be subject to immediate cancellation, and the balance of this Agreement declared due and payable in full immediately.
- Member understands that WSC prohibits the use of any drugs or steroids and Member agrees not to use any drugs or steroids on WSC premises. Member acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. Member recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon WSC premises.
- Member agrees that if he/she fails to use WSC facilities that this failure shall not release the Member from the obligation to make all payments required by the terms of this Membership Agreement.
- Member agrees that all disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this WSC is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or Federal court in this state.
- Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree that WSC shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
- Both Member and WSC hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
- This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
- Member authorizes WSC, and Caliber Labs, LLC. to contact Member by e-mail or telephone.
- Lockers are for day use only and members are responsible for providing their own lock. Contents on lockers left overnight will be removed at the end of the business day. WSC is not responsible for any lost or stolen items.
- WSC may take images or videos of members and guests for marketing or social media purposes. If you do not wish to have images taken by WSC, please let the team member know, so that you can opt out. By your continued use of WSC’s premises and services, including participation in the class, you irrevocably consent to and grant WSC the exclusive, worldwide, perpetual, royalty-free and otherwise unlimited right to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, and repurpose the images for any purpose in any media or form of communication, without additional consent and without compensation, including but not limited to WSC’s commercial and promotional use on its corporate or employee social media sites.
- WSC members are welcome to bring friends, family members and co-workers to enjoy the facilities. Payment of applicable guest fee required before using the facility. An individual can be a guest up to the limit outlined in the WSC Membership Guide. If this policy is violated, at the sole discretion of the facility management, the Member may be charged a guest fee and/or have their membership suspended or canceled, the balance of this Agreement declared due and payable in full immediately and be assessed a penalty of up to $250.00. Members may not allow anyone else to use their access card and must alert WSC immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
- Members who do not have their key access card may not be allowed into the facility during non-staffed hours, nor should they expect for anyone else to let them into the facility.
- Personal training services provided in this facility may be provided either by employees or by independent contractors operating their own business. Regardless, all payments for personal training services are to be made to WSC, who will then pay the trainers as the services are provided.
- All Members have access to a free orientation to the facility and the proper use of its equipment. It is the Member’s responsibility to request this orientation.
- It is each Member’s individual responsibility to wipe down the equipment and re-rack the weights the Member has used.
- Members are hereby required to use the safety features of the equipment. If a Member is unsure of how to use a machine, the Member should obtain instructions from the staff or personal trainers.
- Members are responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
- Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the offending Member’s membership, and the balance of this Agreement being declared due and payable in full immediately.
- This WSC has a strict age requirement policy. Please see WSC Membership Guide for more details.
WSC retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at WSC from time to time and all Members shall be subject to strict compliance therewith. The most current copy of the WSC Membership Guide can be found at WSC or at WSC’s website.