$19.99 Month

 Comments :

This membership will convert to an open ended dues membership at the end of the initial contract and continues indefinitely unless canceled, by giving 30 days written notice by certified or registered mail, and providing full payment of any unpaid dues or indebtedness.  Beginning on today monthly dues of $19.99 plus tanning dues if applicable, will be paid to Shock Fitness by electronic funds transfer (“EFT”) on the cycle of 1 Month.  I agree to an annual assessment of $29 to be billed via EFT once a year in November or June depending on sign up date as long as this membership is valid.

AUTHORIZATION FOR ELECTRONIC FUNDS TRANSFER

I authorize Shock Fitness to initiate a monthly charge for my dues, assessments, and purchases to the bank account or credit card indicated below. This authorization is to remain effective until Shock Fitness has received written notice from me of its termination as required by this agreement. I have the right to stop payment of an automatic debit by notifying my bank. This, however, does not void my Agreement with Shock Fitness to fulfill my payment commitment and I am obligated to pay by some other method. I have read the terms of the Agreement and agree to abide by these terms.

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1. If  a MEMBER changes the Dues Bank Account, the MEMBER must bring the new ACCOUNT INFORMATION, into the Shock Fitness Pacific Beach office. This SHALL INCLUDE A VOIDED
   CHECK OR CREDIT CARD IMPRINT, at least FIFTEEN (15) days prior to the next dues payment
   date.  Failure to comply can result in the acceleration of the contract.
2. In the event the MEMBER fails to timely pay any amount due to Shock Fitness under the
   terms and conditions of the Membership Agreement, Shock Fitness may suspend a MEMBERS
   right to use the club facilities until the MEMBER cures the default. The CLUB may require a MEMBER who is in default to pay the entire unpaid balance owed to Shock Fitness  and   REASONABLE ATTORNEY’S  fees and costs.
3. Any payment which is received more than five (5) days after its due date shall subject the MEMBER to a late payment charge.  If automatic bank payments are discontinued for any reason, a billing fee will be added to your monthly dues.
4. The MEMBER acknowledges that either the contract holder or Shock Fitness may cancel this Membership Agreement after the initial term by providing 30 days written notice sent by registered mail, return receipt requested, or personally delivered to Shock Fitness. If the contract holder moves more than 25 miles from Shock Fitness and is unable to transfer their contract to a comparable facility the contract holder may cancel, However the contract holder will receive no refund and must pay a cancellation fee of $100 dollars if in the first half of their contract and $50 dollars if in the back half.  The total term of this contract may not exceed three years and the total cost may not exceed $3,000.00.  Shock Fitness may cancel the agreement for good cause any time during the initial term or any time any Shock Fitness rules are violated.
5. This agreement shall be governed and construed in accordance with the laws of the state in which the agreement is executed.
6. The MEMBER acknowledges receipt of a copy of this MEMBERSHIP Agreement signed by the contract holder and Shock Fitness.
7. All notices to the MEMBER shall be at the address set forth at the beginning of this agreement , and all notices to Shock Fitness by registered mail, return receipt requested to: Shock Fitness, ATTENTION: ACCOUNTING, 4150 Mission Blvd, San Diego, CA 92109.
8. An arbitration panel shall be appointed within thirty (30) days after the filing of a demand for arbitration and the parties hereto shall each appoint an arbitrator and the two (2) arbitrators so appointed shall select a third arbitrator to serve as a panel member and Chairman thereof.  In the event either party shall fail or refuse to appoint an arbitrator within thirty (30) days of demand or should the arbitrators selected by the parties be unable to agree on the third arbitrator. Then and in that event, the Presiding Judge of the Superior Court of the state in which it is executed, and the county in which it is executed shall appoint an arbitrator for the party failing to appoint an arbitrator and shall appoint the third arbitrator in the event the arbitrators precisely appointed are unable to agree on the third arbitrator.  Each of the arbitrators appointed must be a member of the State Bar of the state in which it is executed, having been continuously engaged in the private practice of law for a period not less than ten (10) years prior to appointment as an arbitrator pursuant to this agreement.  Each of the parties in connection with an arbitration proceeding shall be entitled to a reason-able opportunity to complete pre-hearing discovery procedures.  The pre-hearing discovery procedures shall be allowed for a period of not less than one hundred twenty (120) days after the matter is at issue.  The Procedure and the time limits of the Federal Rules of civil Procedure shall apply in all instances.  In all other respects the arbitrators shall act in accordance with the Commercial Rules and Regulations of the American Arbitration Association then in effect.  In addition to any award or other relief granted by the arbitration panel, the substantially prevailing party shall be entitled to be reimbursed for his actual attorney’s fees incurred, provided the same are not unreasonable, together with all other costs in connection with such arbitration proceeds, including, but not limited to, fees paid to expert witnesses, American Arbitration Association filing fees.  Subpoena fees, accounting fees and other reasonable costs incurred in the prosecution of the arbitration proceedings.  The arbitration shall be bound to follow the laws of the state in which it is executed, both decisional and statutory, in reaching any decision and in the making of an award.
9. You, the buyer, may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement, excluding Sundays and holidays.  To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram that states that you, the buyer, are canceling this agreement, or words of similar effect.  Such notice shall be sent to, Shock Fitness at 4150 Mission Blvd, San Diego, CA 92109.
10. This agreement may not be canceled verbally.
11. In the event a MEMBER fails to use Shock Fitness facilities, this reason that shall not release the MEMBER from the obligation to make all payments required by the terms of this membership Agreement. 
12. In addition to the payment of all fees and dues, the MEMBER does hereby release, discharge and waive any claim against Shock Fitness and its officers, agents, employees, representatives and any and all others from any and all damages, injuries or death resulting from the MEMBER’S use of Shock Fitness exercise and associated equipment, athletic facilities, participation in fitness programs and exercise classes.  The MEMBER acknowledges that the MEMBER is aware that athletic exercise and fitness activities involve the possibility that the participant MEMBER may be injured and death may ensue and the MEMBER, by participating in these activities and using the exercise equipment and machinery of Shock Fitness acknowledges that such risk of injury and death exists.  The participant MEMBER represents that he is in good health and does not suffer from any infirmity, illness, disease, impairment or physical condition that could prevent the MEMBER from participating in any of the activities and programs or the use of the exercise equipment without suffering harm or injury. The MEMBER represents to Shock Fitness that the MEMBER either has the permission and approval of his physician to participate in athletic activities, exercise classes, and use of exercise equipment or if the MEMBER does not have such permission, the MEMBER hereby assumes the risk of injury and death which may result with such activities.
13. THESE RULES AND REGULATIONS MAY CHANGE WITHOUT NOTICE NOT INCLUDING TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT.
14. DURATION OF MEMBERSHIP.  This membership may not have a duration of more than three years including any extensions or renewals.
15. ENTIRE CONTRACT: No oral promises, statements warranties, or representations whether expressed or implied are included in the contract, or in addition or contrary to any written part or portion of this contract.  This contract and addendum constitute the entire agreement between the Member and Shock Fitness.
16. SIGNERS OF AGREEMENT: If there are more than one of you signing this Contract, each of you is individually responsible to fully perform all obligations under this contract and to make all payments when due.  It is your responsibility to know whether this contract is in default of the payments that have been missed.  We are not responsible for notifying you of late payments or any default proceedings, except as otherwise provided in this Contract or by law.
17. APPLICATION OF PAYMENTS:  We will apply all payments received first to any installment due during the period in which it is received and then to delinquent installments and charges.
18. DEFAULT:  You will be in Default if you breach any of this contract’s terms or conditions if you fail to pay any installments within 30 days after the date when such installment is due, or if you repudiate this Contract in writing.  If you are in default, your membership privileges may be denied. Acceptance of any payment after default will not release Buyer from any obligations under this contract.  After the scheduled end of your payments under this Contract, you agree to pay interest at the Annual percentage rate stated on the front of this Contract, on that part of the amount financed that you still owe.  We may get a court judgment against you for the amount you still owe and you agree to pay any court costs and reasonable lawyers fees where permitted, involved in collecting amounts owed under this Contract, as determined by  a court.  Any Judgment will bear interest at the highest rate allowed by law.
19. ACCELERATION OF PAYMENTS: If you fail to pay an installment within 30 days after it is due, we can demand immediate payment of the entire amount you owe.  This includes all of the remaining monthly payments you must pay minus the part of the Finance Charge we have not earned, computed by using the rule of 78.
20. DESCRIPTION OF SERVICES: The services provided under this contract are the use of the facilities operated as a health club DBA Shock Fitness for the term set forth herein and subject to the rules and regulations that the seller has or may adopt from time to time.
21. MEMBERSHIP CARD: A membership card must be presented upon request of Shock Fitness personnel.  Without your membership card you may be denied use of the Shock Fitness.  If membership card is lost or stolen, you MUST purchase a new card for a fee of $10.00.
22. SIGNING IN:  All members upon entering the club are required to sign in at the Reception Desk, entering their name and Membership number and when asked MUST show proper identification before entering the club.
23. VIOLATIONS OF RULES & REGULATIONS:  All rules and regulations at the club regarding health protection or safety of Members and all Members shall be subject to strict compliance therein.  Failure of Member to so comply shall permit Seller to revoke the Membership Agreement, with revocation to be effective upon notice to Member.
24. REVOCATION OF MEMBERSHIP:  The club may cancel your membership at any time for violation of rules and regulations upon delivery of notice to you.
25. HOURS:  Hours of operation shall be posted on the premises of Shock Fitness.  Hours and days of operation shall be subject to change at the sole discretion of the owner.
26. MEMBERSHIP OBLIGATION: Memberships cannot be transferred.  The privilege to use Shock Fitness’s facilities is the Members alone and failure to do so will not relieve Member of the obligation to make installment payments at the time and in the amounts set forth in any Retail Installment Sale contract.  Memberships may be frozen for no more than 90 days.  An administration fee in the amount of 25% of monthly dues will be charged each month a member is frozen. The member must provide proof of relocation, or a letter from a doctor for their membership to be frozen.  Management reserves the right to change the freeze policy at any time.
27. LOCKERS:  Lockers are provided on a daily basis only and Members are requested to bring their own locks; locks that are left on lockers overnight will be cut off.  All personal belongings MUST be placed in lockers and not left in dressing booths.
28. MISCELLANEOUS: The provisions of the Contract are severable and if any provision is determined to be illegal or unenforceable the remaining provisions and any partially enforceable provision shall nevertheless be enforceable.  Shock Fitness’s failure to enforce any remedy or provision of this Contract shall not be construed as a waiver of such remedy or provision.
29. NO FOUL LANGUAGE: Foul language will not be tolerated.
30. ATTIRE: Proper attire is required for participants using Shock Fitness. Shirts and shoes are required in the weight room and exercise room. Shock Fitness may prohibit the use of any personal equipment on the premises of any Shock Fitness facility.
31. MEMBERS RESPONSIBILITY AS THE USE OF Shock Fitness: You (buyer, each Member and all guests) should consult with your physician before using our services and facilities.  You understand and acknowledge that we have no expertise in diagnosing, examining or treating any medical condition.  You agree you will not use the facilities with any medical condition, including open cuts, abrasion, sores, infection, maladies, or inability to maintain personal hygiene if such condition poses a direct threat to the health and safety of yourself or others, and agree you will use the facilities in accordance with all applicable health requirements.  It is your responsibility to consult with your physician to determine if any medical condition exists, and if so, whether such condition poses a direct threat to the health or safety of yourself or others.  The Club reserves the right however, to make the final determination of this regard.
32. ACCIDENTS:  All exercise and use of all facilities shall be undertaken by the member at the member’s sole risk.  The Member represents that the Member carries their own accident and health insurance policy to cover any personal injuries to them personally or which they may cause to others. The Member agrees to cover their own insurance claims and acknowledges that the membership cost reflects the savings of the club due to the fact that the Member provides their own insurance and not the club.

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WAIVER

Member acknowledges that there are certain risks inherent in participating in an exercise program.  These risks range from mild fatigue to more serious events which may lead to prolonged serious illness or even death. The Member holds Shock Fitness, its agents and employees free and harmless from all liability and damages resulting from any and all accidents, injuries or illnesses arising, either directly or indirectly, from member’s participation in Shock Fitness’s exercise program, including all consequential and incidental damages. The member further acknowledges that he or she is not aware of any medical or physical condition which would preclude participation in an exercise program.

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NOTICE TO CUSTOMER

You are entitled to a copy of this Agreement at the time you sign it.  Keep it to protect your legal rights.  Do not sign this Agreement if blank.  I certify that I have received a completed and signed copy of the membership agreement and of any other document which I have signed.  This represents the entire agreement between Member and Shock Fitness.  I further certify that I have read ALL PAGES of this Agreement, including the cancellation policy, freeze policy, and rules, regulations and other policies prior to purchasing membership.  I will comply with the rules and regulations of Shock Fitness.

I authorize Shock Fitness to initiate a monthly charge for my dues, assessments, and purchases to the bank account or credit card indicated above. This authorization is to remain effective until Shock Fitness has received written notice from me of its termination as required by this agreement.