TERMS & CONDITIONS

TERMS OF MONTH-TO-MONTH MEMBERSHIPS

I understand that I am in full control of my payment and may withdraw this authorization simply by completing a withdrawal form in person, or via certified mail posted to the address above, giving a 30 day notice prior to the date of billing. (NOTE: the charge date is the first of the month regardless of the initial joining date.) I understand that no portion of the initiation fee will be refunded if I cancel the agreement pursuant to this paragraph. I understand that my membership may not be frozen unless agreed to by the club. I understand that there is a $20 fee for all returned checks and a $5 fee for all rejected credit cards. I understand that my membership may be placed on hold for a fee of $15 per month* (one month minimum) with 15 days notice prior to the charge date of the month I wish to freeze. *$5 per month with physicians note.

ENHANEMENT FEE

I understand that an enhancement fee of $25 will be deducted from my account annually on March 1st. One hundred percent of this amount will be reinvested in the club.

CONSUMER’S RIGHT TO CANCELLATION

Member may cancel this agreement without any penalty or further obligation by causing a written notice of cancellation to be delivered in person or postmarked by certified or registered United States mail within three (3) days of the date of this agreement or the date of member’s receipt of this agreement.

RELEASE, ACKNOWLEDGMENT OF RISK AND WAIVER LIABILITY

In consideration of the opportunity to use ZONE5 facilities and equipment and participate in classes, activities and programs conducted by ZONE5, I agree that if I engage in any physical exercise or activity, or use any amenity on the ZONE5 premises or off premises including any event sponsored by ZONE5, I do so entirely at my own risk and assume all risks of injury, illness, or death. I expressly agree to release and discharge ZONE5, and all affiliates, employees, agents, representatives, successors or assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring legal action against ZONE5 for personal injury or property damage.

I understand, recognize and acknowledge that certain activities conducted or taking place in ZONE5 facilities are potentially hazardous. I also acknowledge that it is my responsibility to follow instructions for any activity or use of the equipment, and to seek help from the staff if I have any questions. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: (a) use of all amenities and equipment in the ZONE5 facility and my participation in any activity, program, personal training or instruction on my own or together with anyone else; (b) the sudden and unforeseen malfunctioning of any equipment; (c) ZONE5 instructions, training, supervision or dietary recommendations; and (d) slipping and/or falling while in or around the ZONE5 premises, including adjacent sidewalks and parking areas. (ZONE5 is not responsible for the loss or theft of personal articles.)

APPLICATION REJECTION AND CANCELLATION

ZONE5 reserves the right to reject this application for membership for any reason not inconsistent with federal and state law. Should ZONE5 reject this application, ZONE5 will return any payments made by Member. Accounts that are overdue for 30 days or more may be canceled without refund.

ZONE5 reserves the right to immediately terminate Member’s privileges at any time, and for any reason, in its sole discretion.