Agreement of Terms and Conditions
1. MEMBERSHIP QUALIFICATIONS. Any individual 13 years of age or older is eligible for membership at Empire Fitness. Membership includes a member’s right to use the facilities in accordance with these Terms and Conditions and Rules which may be amended from time to time.
2. MEMBERSHIP DUES AND CHARGES. Your membership is a one month (30 days), three month (90 days), six month (180 days), one year automatically renewing agreement payable upon renewal of term.
3. RIGHTS TO CANCELLATION. You may cancel this agreement without penalty or further obligation for any of the following reasons and the Member has the right to a pro-rated refund in the event that they paid a lump sum for their membership and they cancel prematurely for one of the following reasons:
- If, upon a doctor’s written order, you cannot physically receive the services because of the significant physical disability for a period of three (3) months or more.
- If you move your residence from the island of New Providence, Bahamas
- If you die, your estate shall be relieved of any further obligation for payment under this agreement not then due and owing.
- If the services cease to be offered as stated in this agreement.
Your notice of cancellation must be in writing, signed by you, and sent to Empire Fitness. You must return with your notice of cancellation all agreements, documents, membership card, or any other evidence of membership.
4. MEMBERSHIP CHANGES: Memberships are non-transferable.
5. MEMBERSHIP DUES AND FEES: Empire Fitness, at its option, may increase membership fees and dues from time to time. Members will be notified at least sixty (60) days prior to any increase in membership dues.
6. RESERVATION OF RIGHTS. Empire Fitness reserves the right to alter the hours of operation, and the right to amend the cost of, add, modify and or eliminate any program, facility, activity, class, or service, at our sole discretion.
7. WAIVER AND RELEASE OF LIABILITY. You (member, spouse, guest, parent, legal guardian, as applicable) agree that if you use any facilities on the premises of Empire Fitness, you do so at your own risk. This includes, without limitation, your use of equipment, locker room, showers, parking area or sidewalk, and your participation in any activity, class program, or instruction now or in future made available. You agree that
you are voluntarily participating in these activities and using the equipment and facilities and assuming all risk of injury or your contraction of any illness or medical conditions that may result there from or any damage, loss or theft of personal property. You agree on behalf of yourself (and your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge us (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action arising out of our negligence. This Waiver and Release of all liability includes without limitation, injuries which may occur as a result of (a) your use of the facility or its improper maintenance, (b) your use of any exercise equipment which may malfunction or break, (c) our negligent instruction or supervision, (d) our negligent hiring or negligent retention of any employee. You acknowledge that you have either had a physical examination and have been given a physician’s permission to participate or that you have decided to participate in activity or use of equipment and machinery without the approval of my physician and do hereby assume all responsibility and risks of injury or death from such participation and activities. YOU FURTHER ACKNOWLEDGE THAT YOU
HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND WAIVE ANY RIGHT YOU MAY HAVE TO BRING ANY LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST EMPIRE FITNESS.
8. MEMBER’S RESPONSIBILITY. You should consult with your physician before using our services and facilities. It is your responsibility to determine if you have any medical
conditions which may pose a direct threat or safety to yourself or others.
9. EMERGENCY PROCEDURES. Should an accident occur at Empire Fitness, immediately report it to a staff member. Emergency procedures will be immediately expedited. Empire Fitness staff are not permitted to provide transportation anywhere. We reserve the right to call an ambulance.
10. DAMAGES. Members are responsible for damage to Empire Fitness property and/or property of other members caused by themselves, except that due to ordinary wear or usage.
11. SOLICITATION. It is prohibited for any member to conduct, or solicit any business on the premises of Empire Fitness including but not limited to personal trainer sessions. Conducting and solicitation of personal business will result in loss of membership privileges with no refund.
12. MEMBERSHIP RULES AND REGULATIONS. You agree to follow all rules and regulations now in force or in future. We reserve the right to revoke or suspend your membership without refund, if you fail to follow any rules and regulations, for reason of nuisance, disturbance, fraud, or if we determine your actions may put yourself or others at risk.
- Each member is issued a Gym Card. Members must present/swipe Gym Card at the Front Desk and be cleared in order to obtain entry to Empire Fitness. If you have forgotten your Gym Card, a Day Pass can be purchased. No exceptions allowed.
- A fee of $15.00 will be charged for lost Gym Cards.
- Proper gym attire is required.
- Proper footwear is required. Bare feet, sandals, work boots, or dress shoes are not acceptable.
- No food, cans, or glasses allowed in Empire Fitness. Only plastic bottles are permitted.
- No smoking, drugs, or alcohol allowed.
- Gym bags, knapsacks, jackets, keys, and other personal items are not permitted in the fitness area of Empire Fitness. Lockers are available.
- Food may not be stored in lockers.
- A fee of $15.00 will be charged for lost locker keys.
- If any lockers are found locked at the end of the day, the master set of keys will be used and the locker contents will be maintained for one day. If not claimed – contents will be discarded.
- Locker keys must be returned to the Front Desk prior to leaving Empire Fitness.
- Towels must be used on all equipment seats and members must wipe sweat off equipment after each use using the sanitizing agents provided in the fitness area.
- Bars are to be stripped of weights are each use. Return all weights and dumbbells to their proper places.
- Ask a Empire Fitness staff member for assistance if unfamiliar with a piece of equipment.
- Stereos without headphones are prohibited in Empire Fitness.
- Spitting, foul language, grunting, abuse of equipment, use of chalk, is considered unacceptable conduct in Empire Fitness.
- Empire Fitness staff may intervene if a member is deemed to be exercising/behaving in a manner which could be hazardous to themselves or others.
- Empire Fitness staff have the responsibility and authority to enforce rules and regulations, and the authority to remove anyone for non-compliance with the rules and regulations of Empire Fitness.
13. EXCLUSIVE AGREEMENT. This agreement and all rules and regulations of Empire Fitness, as revised from time to time, constitute the entire and exclusive agreement, between the parties, and supersede all prior agreements relating to the membership purchase.
14. GOVERNING LAW. The Laws of The Commonwealth of the Bahamas govern this