Conditions of Membership

This is a membership agreement between The SouthWest Club, Inc. (Referred to in this agreement as the “Club” and the individual who signs this agreement, referred to as the “Member” or “You.”

1. Conditions of Membership

1. Member certifies that the above information provided by the Member is truthful and accurate in all material respects and contains no misleading statements or any omission of any material information.
2. Membership is open to any individual without regard to race, sex, ethnic background or religion.  If applicant is less than 18 years of age, parent or legal guardian must cosign membership agreement.
3. Except for the foregoing, the Club shall have the right, at its sole discretion, to approve, reject or terminate any application or Member for any reason whatsoever except that after approval for membership, the Club may terminate a Member only upon filling the Club’s financial obligations set forth in this agreement.
4. Member shall, at all times, be subjected to any and all rules and regulations now existing or hereafter promulgated by the club.
5. Memberships are transferable.
6. All members must present a membership card each time they enter the Club.  Lost cards will be replaced at Member’s expense.

2. Dues and Charges

1. Member agrees that member will pay the fees, charges and rates in effect at the time the membership is accepted as set forth.  In the Club’s Rated Card.  If  the member has paid in advance for membership, no increase in fees or rates will be applicable to such Member until the expiration of such membership.
2. If Member seeks to rejoin, the Member will have to sign a new membership agreement at fees, charges and rates then in effect.  A reinstatement fee may be charged when applicable.
3. The enrollment fee is non-refundable.

3. Use of Facilities and Risk Theron

Member agrees and understands that the use of the Club and the equipment and the exercises and activities to be done by the Member involve a degree of risk. Member expressly agrees that Members assumes any and all risks involved related to the use of all the Club facilities.  Club sponsored activities and/or any transportation provided by the Club.  Accordingly, Member releases, indemnifies, discharges, absolves and holds harmless the Club, their agents, employees, instructors, assigns, officers, shareholders, partners, and successors from any and all claims. suits, demands, causes of action, damages of liability arising out of, or in any manner related to, any activity engaged in by the Member at the Club or the use of any of it facilities except to the extent that such accident and/or injury is caused by or results from the gross negligence  or willful misconduct of the Club, its agents, employees, instructors, assigns, officers, shareholders, partners, and successors.

4. Change in Facilities

Member understands that as a result of repairs or maintenance, the Club may be required from time to time restrict the use of or close the Club’s facilities or to temporarily curtail certain of the Club’s activities.  Member agrees there will be no reduction, suspension, abatement or apportionment of membership fees, rates or charges during such time or times when one or more of the Club’s facilities or activities are unavailable for use as a result or the requirements of repair maintenance.

5. Guest Policy

Member will be entitled to bring a guest or guests to the Club, but only pursuant to such rules, regulations, fees, schedules and/or charges for such guest or guests as may be in force by the Club.  The Club reserves the right to limit the number of guests or the number of time any one guest can use the Club facilities, and reserve the right to exclude any quest whose use of the facilities, in sole opinion of the Club, would be detrimental to the Club or any of its members.  No guest may use the facilities without “signing in” at the front desk, and no guest may use the Club or any of its facilities or activities with being accompanied at all times by a member.

6. Member’s Property

The Club shall not be liable for the disappearance, loss, theft or damages to or of any Member’s personal property.  Member acknowledges that lockers are provided for convenience only.

7. Involuntary Termination

The Club reserves the right, at any time, to terminate or suspend, for such a period of time as the Club deems appropriate, the Member of any privileges for Member’s failure to comply with any provisions of the membership agreement or any of the rules and regulations of the club or as a result of any conduct by the Member which the Club determines, in its sole discretion, to be improper or in any way harmful or detrimental to the best interest of the Club or the other members.  Member’s  membership may be termination or suspended orally with subsequent written notification to the last known address of the Member on records of the Club.  Upon notification of termination or suspension, the terminated Members will required to promptly return his/her membership card.

8. Miscellaneous

This agreement shall be governed by New York law.  Any notice must be written and sent by certified mail or registered mail.  This agreement shall be binding upon the parties and their legal representatives and assigns, but Member may not assign this agreement without express consent of the Club.  This agreement shall not be binding or effective until signed by all the parties.  This agreement contains the entire understanding and agreement between the parties hereto.  In the event any part or parts of this agreement are determined to be invalid or unenforceable, such part or parts shall be severed and the remainder of the agreement shall be in full force and effect.

9. Consumer’s (Member’s) Right to Cancellation

The  following cancellations rights are required by Article 30 of the New York General Business Law:

CONSUMER RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE.  NOTICE OF CANCELLATION SHALL BE WRITING SUBSCRIBED BY THE BUYER AND MAILED BY SUBSCRIBED BY THE BUYER AND MAILED BY REGISTERED OR CERTIFIED UNITED STATES MAIL TO THE SELLER AT THE ADDRESS SPECIFIED IN SUCH FORM.  SUCH NOTICE SHALL BE ACCOMPANIED BY THE CONTACT FORMS, MEMBERSHIP CARDS, AND ANY OTHER DOCUMENTS OR EVIDENCE OF MEMBERSHIP PREVIOUSLY DELIVERED TO THE BUYER.   ALL MONIES PAID PURSUANT TO SUCH CONTRACT SHALL BE REFUNDED WITHIN FIFTEEN (15) BUSINESS DAYS OF RECEIPT OF SUCH NOTICE OF CANCELLATION.  IF BUYER HAS EXECUTED ANY CREDIT OR LOAN AGREEMENT TO PAY FOR ALL OR PART OF HEALTH CLUB SERVICES, ANY SUCH NEGOTIABLE INSTRUMENT EXECUTED BY THE BUYER SHALL BE RETURNED WITHIN FIFTEEN (15) BUSINESS DAYS.

ADDITIONAL RIGHTS TO CANCELLATION:  You may also cancel this contract at any time for any of the following reasons:

1. If, upon a doctor’s orders, you cannot physically receive the services the services because of significant physical disability for a period in excess of six months.
2. If you die, your estate shall be relieved of any further obligations for payment under the contract not then due and owning.
3. If you move your residence more than twenty-five miles from the Health Club operated by the seller.
4. If a Member cancel pursuant to this to this Paragraph.  Member shall receive a pro rata refund of membership fees and/or dues to the date of cancellation.
5. Flexible Month to Month membership must provide the Club a minimum of two weeks notice to cancel their next months billing. (ie. not later than the 15th of the prior month).  This cancellation must be in the form of a written signed request.  If the request is less than two weeks, the Member will be responsible for paying one additional full month of membership dues.

10. This Notice Provides Important Information About Your Options

YOU MAY MAKE PAYMENT ON AN INSTALLMENT BASIS OR IN A SINGLE PAYMENT.  PAYING THE FULL AMOUNT MAY BE LESS EXPENSIVE , BUT MAY INVOLVE FINANCIAL RISK TO YOU.  READ THIS NOTICE CAREFULLY BEFORE MAKING A DECISION.  NEW YORK STATE LAW REQUIRES CERTAIN HEALTH CLUBS TO POST A BOND OR OTHER FINANCIAL SECURITY TO PROTECT MEMBERS IN THE CASE CLOSES.  THIS CLUB IS EXEMPT FROM THIS REQUIREMENT SINCE IT GIVES ITS MEMBERS THE OPTION OF PAYING ON AN INSTALLMENT BASIS, THEREFORE IT NEED NOT POST A BOND OR OTHER FORM OF FINANCIAL SECURITY.  IN DECIDING WHETHER TO MAKE YOUR PAYMENTS ON AN INSTALLMENT BASIS, YOU SHOULD BE AWARE THAT IF THE CLUB CLOSES, ALTHOUGH THE CLUB WILL REMAIN LIABLE FOR A REFUND, YOU MAY RISK LOSING YOUR MONEY IF THE CLUB IS UNABLE TO MEET ITS FINANCIAL OBLIGATIONS TO MEMBERS.

I hereby acknowledge that I have read the above carefully and agree to the terms and conditions stated herein.