North Loop Fitness, LLC - Billing Agreement
Billing By submitting this agreement, you have authorized North Loop Fitness, LLC (hereinafter referred to as "NLF") to electronically bill your bank account or credit card for your monthly dues (EFT, pre-authorized check, or credit card charge) on a month-to-month basis only. If NLF is unable to collect your monthly dues for any reason, your account may be: (1) double-billed to compensate for the missed month(s); (2) imposed an administrative fee in the amount of $30.00 without any further notice to you; and/or (3) terminated. If your monthly dues payments are delinquent for two consecutive months, the remainder of any balance will be payable-in-full to avoid interruption of services. Your account will be billed on the 1st or 15th of each month, depending on whichever date is closest to your enrollment date, for the membership amount selected above (one Single member at a membership rate of $75.99 per person or one Couple's membership at a rate of $129.99). NLF will bill the financial information as submitted by you in this online enrollment.
Cancellation/Members' Right to Cancel You may cancel your membership by giving NLF 60 days written notice by registered or certified mail or dropping off notice at the NLF location. Cancellations will NOT be handled via email to NLF. Memberships will expire two billing cycles after your 60 day notice has been put in. Note: Key fobs must be returned on last day of membership - your membership/billing will continue if your key fob(s) are not returned to the NLF location.
Change of Terms To change any of your membership terms, please do so in-person at the NLF location.
Key Replacement Replacement fee for lost keys (fobs): $60.00.
NLF and the undersigned member(s) agree as of the date of this electronic transaction to the following membership contract as described in the comprehensive list of programs. As a buyer of this membership plan, you have the following rights under MSA 325G.27. MINNESOTA STATE LAW REQUIRES THAT THIS HEALTH CLUB REGISTER WITH THE MINNESOTA STATE ATTORNEY GENERAL AND STATE LAW MAY REQUIRE THAT THIS CLUB POST A SURETY BOND TO PROTECT CUSTOMERS WHO PAY IN ADVANCE FOR MEMBERSHIP OR SERVICES IN THE EVENT THIS CLUB CEASES TO OPERATE. YOU SHOULD ASK TO SEE EVIDENCE THAT THIS CLUB HAS EITHER POSTED A BOND IN COMPLIANCE WITH THE LAW OR HAS BEEN EXEMPTED FROM THIS REQUIREMENT BY THE ATTORNEY GENERAL BEFORE YOU SIGN THIS CONTRACT. IF THIS CLUB HAS NOT POSTED SUCH A BOND, AND YOU PAY THIS HEALTH CLUB FOR MORE THAN ONE MONTH’S MEMBERSHIP OR SERVICES IN ADVANCE, THEN YOU ARE PAYING FOR FUTURE SERVICES, AND YOU MAY BE RISKING THE LOSS OF YOUR MONEY IN THE EVENT THAT THE CLUB CEASES TO CONDUCT BUSINESS.
I am aware of the comprehensive list of all membership plans available to me and offered for sale by NLF, and the respective price of each plan. I realize that all of the foregoing submitted material will be honored by NLF and understand: (1) my rights if there are any unfilled blanks in this electronic enrollment form; (2) my rights of cancellation; (3) the refund policy as listed in the membership contract; (4) that I must obey the rules of NLF; and (5) that NLF has reserved the right to refund the pro rata cost of any unused services and remove me from the facility at anytime whereupon my actions violate the rules of NLF.
North Loop Fitness, LLC - Waiver, Release of Liability and Indemnity Agreement
By submitting my online application for membership at North Loop Fitness, LLC ("NLF"), I acknowledge and assume the inherent risks involved when using any type of fitness equipment in the NLF premises and in all other sports and training sessions relating therein. Accordingly, I agree to the following:
- I acknowledge and fully understand that I will be engaging in activities that involve the risk of serious injury which may include permanent disability, death and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, the nature of athletic activities performed at NLF, the condition of the NLF premises, both the interior and exterior, and any equipment used. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at NLF, whether foreseeable or not.
- I agree that prior to participating in any activity at NLF, I will inspect the interior and exterior NLF health club area and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise NLF of this unsafe condition and will not participate until this condition is corrected.
- I agree that prior to participating in any activity at NLF, I will consult a doctor to ensure that I am able to participate in such athletic activities as NLF offers.
- I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
- I release, waive, discharge and agree not to sue NLF, its subsidiaries, its agents, affiliates, operators, vendors, volunteers, associates, officers, directors, owners and employees (collectively "Releasees") from any and all injuries, harm, damages, demands or losses sustained in connection with my use or presence on the NLF premises, my use of the NLF facilities, its equipment, services, programs or activities within or outside its centers resulting or arising from the intentional, unintentional and/or negligent acts or omissions of Releasees or the negligent acts or omissions of me or any other members, guests, visitors or other persons on the NLF premises.
- I agree to indemnify Releasees from any and all third party claims caused in whole or in part by my actions.
- I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as NLF may deem appropriate. This Agreement extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
- I agree to release NLF and Releasees from any recommendations for changes in my diet, including but not limited to, the use of weight reduction supplements, food supplements, body building supplements, vitamins, minerals, etc. I understand that anything that I put into my body is my sole responsibility and to be safe, I should always consult a doctor before undergoing any change in food or dietary supplements.
- I agree to hold NLF and all Releasees harmless and not responsible for any loss of my personal property while at the gym.
- I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Minnesota. Any provision or portion of this Waiver, Release and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
- I agree and understand that NLF is not staffed at all times and I expressly assume all risks which may occur in connection with my participation in activities at NLF and the facility not being staffed.
YOU ACKNOWLEDGE THAT YOU HAVE VERY CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY. YOU DO HEREBY WAIVE ANY RIGHT THAT YOU MAY HAVE, BY OR ON BEHALF OF YOURSELF, YOUR SPOUSE, ANY CHILD, OR ANY PERSON, TO BRING LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST US FOR OUR NEGLIGENCE, OR ARISING OUT OF, OR RELATING TO PARTICIPATION BY YOU, YOUR SPOUSE, OR CHILD, OR ANY PERSON IN ANY OF THE ACTIVITIES, OR USE OF THE EQUIPMENT, FACILITIES, OR SERVICES WE PROVIDE AS DESCRIBED IN THIS AGREEMENT, OR ON ACCOUNT OF ANY ILLNESS OR ACCIDENT, OR DAMAGE TO, OR LOSS OF YOUR PERSONAL PROPERTY.