McGwire's Fitness Membership Sign-Up Form

*EFT/CC REQUEST. Buyer (individually and as agent or guardian of Member) hereby authorizes McGwire's Fitness to make periodic charges to or withdrawals from (a) the account used to pay the initial payment described above, or (b) a replacement account hereafter used for payment of any sums due McGwire's Fitness under this Agreement, including but not limited to Buyer's balance due if not paid by the due date, or for any other use by Buyer of McGwire's Fitness facilities or services (the "EFT"), as follows: Monthly membership dues will begin on either the 1st or 15th of the month following your membership sign up date, as described above. In the event sufficient funds are not available in Buyer's account or debits are otherwise not accepted, McGwire's Fitness may resubmit the charge. If the resubmittal is returned uncollected, the rejected amount plus a $10.00 service charge may be added to Buyer's next regularly scheduled debit. Buyer understands that Buyer is entitled to notice of all varying charges and withdrawals under the EFT, but Buyer waives the right to receive prior notice for charges or withdrawals with respect to any uncollected monthly dues payments or portions of the balance due described above and the corresponding service charges, both of which Buyer agrees are not varying charges or withdrawals. Buyer understands that Buyer is in full control of Buyer's payment and that this EFT/CC Request will remain in effect until McGwire's Fitness receives written notice of termination of this Agreement and has a reasonable opportunity to act on that notice. If you decide to change your billing information, a 30- day notice is required. Buyer may timely notify the financial institution in control of Buyer's account to terminate this EFT/CC Request, but such notification will not otherwise affect this Agreement and Buyer's obligations herein.

Buyer agrees that McGwire's Fitness may provide Buyer's personal contact information to independently operated businesses within the Club and Buyer consents that such businesses may contact Buyer (including by phone) concerning available services or promotions.

Buyer hereby consents to the use of an electronic signature to record Buyer's commitment to the terms of this Agreement.

By signing this Agreement, Buyer acknowledges that Buyer is of legal age, has received a filled-in and completed copy of this Agreement identifying the membership type and services purchased, has read and understands the entire agreement including but not limited to the *EFT Request (if applicable), the Release and Waiver of Liability and Indemnity, all other Additional Terms and Conditions on the reverse side hereof and the current Membership Policies and Club Rules and Regulations provided herewith. This Agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and McGwire's Fitness. McGwire's Fitness has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce Buyer or anyone to enter into this Agreement. McGwire's Fitness recommends that you consult your physician prior to beginning any exercise or weight loss program. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.

You, the Buyer, may cancel this Agreement at any time prior to midnight of the fifth business day of the Club 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 which states that you, the Buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent to McGwire's Fitness, 2403 S Vineyard Ave Suite A, Ontario CA 91761 or delivered to McGwire's Fitness at: 2403 S Vineyard Ave Suite A, Ontario CA 91761. For a quicker refund, visit the nearest club location to cancel in person and be sure to receive a receipt. See page 2 for additional cancellation and refund rights.

The length of this Agreement is a minimum of one month, except as expressly provided herein.

On a Monthly Dues membership, I hereby authorize McGwire's Fitness to (a) use the information from my check to create the automatic monthly payment draft on the date(s) indicated above: or, (b) charge the above-listed amounts to the credit card I provided on the date(s) indicated above. If I provided a check for these payments, funds may be withdrawn from my account as soon as the same day I provide this check and, for future payments, on the date payment is due, without receiving a check back from my financial institution.

MCGWIRE’S FITNESS ADDITIONAL TERMS AND PROVISIONS

Amount of Member Required Payment, including initiation fees	Length of Member's right to cancel Agreement after the date of execution	Upon cancellation. Member shall be liable only for that portion of the total contract payment, including initiation and other charges however denominated, that has been made available for use by the Member based upon a pro rata calculation over the term of this Agreement. The remaining portion of the contract payment shall be returned to the Member.
$1,500 - $2,000	inclusive 20 days after execution of membership contract
$2,001 - $2,500	inclusive 30 days after execution of membership contract
$2,501 or more	45 days after execution of membership contract

Additional Cancellation Rights and Refunds: Performance of the services agreed upon herein shall begin within eight months after the date this Agreement was entered into. Member may cancel this Agreement and receive a pro rata refund if McGwire's Fitness fails to provide the specific facilities advertised or offered in writing by the time indicated. If no time is indicated in this Agreement, Member may cancel this Agreement within eight months after the execution of this Agreement and shall receive a pro rata refund. If McGwire's Fitness fails to meet a timeline set forth herein, Member may cancel the Agreement at any time after the expiration of the timeline, provided that if, following the expiration of the timeline, McGwire's Fitness does provide the advertised or agreed upon services, Member may cancel the Agreement up to 5 days after those services are provided.

A member who pays any money under this Agreement for membership at a facility that has not yet opened for business has the right to cancel this Agreement and receive a full refund at any time prior to midnight of the fifth business day after the date that facility opens for business. The refund shall be paid within ten (10) days of receipt of notice of cancellation. If by reason of death or disability, Member is unable to receive all McGwire's Fitness Club services for which Member has contracted, Member's estate and Member, upon giving written notice hereunder, shall be relieved from the obligation of making payment for services other than (hose received prior to death or the onset of disability, and, if Member has prepaid any sum for services, so much of such sum as is allocable to services Member has not taken shall be refunded. "Disability' means a condition which precludes the Member from physically using the facilities, and the condition is verified by a physician.

If Member moves further than 25 miles from the McGwire's Fitness Club of enrollment and McGwire's Fitness is unable to transfer the Agreement to a comparable facility (one within 25 miles of Member's new residence), Member may terminate this Agreement by supplying written notice hereunder, proof of residence, and paying a cancellation fee of $100 for each Member. If more than half of the life of the Agreement has expired, the cancellation fee will be $50 per Member. If the Member has prepaid any sum for services, as much of such sums prepaid as is allocated to services Member has not taken, if any, shall be promptly refunded, less the applicable cancellation fees.

HOW TO CANCEL YOUR MONTHLY DUES MEMBERSHIP: You may cancel your membership and the continued billing of monthly dues through EFT/CC by mailing written notice of your cancellation request to: McGwire's Fitness, 2403 S Vineyard Ave Suite A, Ontario CA 91761. A cancellation notice postmarked a minimum of 30 days prior to your next billing date will result in no further billing of monthly dues. A cancellation notice postmarked less than 30 days prior to your next billing date will result in one more monthly dues billing. Thereafter, your last month's prepaid dues will be applied for your final monthly dues. Until your membership expires, you have continued Club access during this notice and cancellation period.

McGwire's Fitness makes no warranties or representations, express or implied, other than those set forth herein, and your sole and exclusive remedy in the event of any breach of this Agreement shall be cancellation of this Agreement. IN NO EVENT SHALL MCGWIRE'S FITNESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Notices: Except as otherwise stated herein, all notices to McGwire's Fitness shall be mailed (certified or registered, return receipt requested) to 2403 S Vineyard Ave Suite A, Ontario CA 91761, or to such other address designated for notice as posted at McGwire's Fitness Club facilities. All notices to member hereunder shall be mailed to the address member has provided in this Agreement or to such other address which member agrees to notify McGwire's Fitness of in writing and in accordance with this paragraph. If any part of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect.

Membership, Rules, Regulations and Club Policies: You (individually, if you are the Member, and as agent and/or guardian of Member) agree that Member, and Member's family members, and any guests and invitees shall be bound by this Agreement and the McGwire's Fitness Membership Polices and Club Rules and Regulations provided herewith for the usage of McGwire's Fitness Club facilities. You agree that the Membership Polices and Club Rules and Regulations may be revised, supplemented or amended in the sole and absolute discretion of McGwire's Fitness and any such changes shall become immediately effective upon posting in the McGwire's Fitness Club facilities.

Financial Policies: Except as otherwise provided in this Agreement, the initiation fee is non-refundable. The initiation fee is not a prepaid sum for services: it merely entitles you to buy services by paying monthly dues and other applicable charges. Monthly dues will be in the amount indicated hereinabove. It is guaranteed that your monthly membership dues will not increase for three years from the date of enrollment. After three years, your monthly membership dues rate will not increase by more than one dollar ($1) in any calendar year, if at all. You agree to pay dues in advance, for the first and last months of Membership. Termination of Membership will be effective only if the procedures described herein are followed. In case of a multi-member Membership, termination by one Member may cause the monthly dues rates applicable to the remaining Members to increase to the prevailing individual rates. Failure by any Member to use the Membership will not relieve you of your payment obligation regardless of the circumstances, except as provided for herein. If any payment of dues or other charges is not made on time, McGwire's Fitness may, but is not obligated to, suspend or terminate your Membership. No refunds shall be made for Membership dues paid, except as specifically provided in this Agreement. In addition to the other dues, fees and charges provided for in this Agreement, you agree to pay a $25.00 service fee for any item or direct charge memo not paid by your financial institution or account when presented for payment by McGwire's Fitness. In no event shall this Agreement require any payments or financing by the Buyer over a period of three years or in excess of the term of the Agreement.

Assignment: McGwire's Fitness may assign this Agreement, including Member's payment obligation herein.

ANNUAL CLUB DUES: $25.00 once yearly beginning three months after signup date. Annual club dues will be charged one time a year on the same day as your monthly draft. This fee will be applied towards general maintenance of the facility.

Services, Facilities and Hours: Member is entitled to use of all current McGwire's Fitness facilities in California (except for purchases of single club membership as indicated on page 1). Services purchased include access to group aerobic classes, use of free weights, cardio machines, and locker room, during all hours the facilities are open to the public. Future clubs may be included in this membership at the discretion of McGwire's Fitness. If the McGwire's Fitness Club facilities are unavailable to Member for a continuous period in excess of 72 hours, the McGwire's Fitness Club Membership time (upon request) shall be extended for a period equal to the time of such unavailability. Alternatively, at the election of McGwire's Fitness, it may make available to Member at no additional cost, comparable Club facilities within a radius of 25 miles of the club. McGwire's Fitness, in its sole and absolute discretion, reserves the right to close any McGwire's Fitness Club and/or change existing McGwire's Fitness Club rules, regulations, conditions, guidelines, facilities, classes, programs and hours of operation. Classes, facilities, parking and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.

MCGWIRE'S FITNESS MEMBERSHIP POLICIES AND CLUB RULES AND REGULATIONS

The following Membership Policies and Club Rules and Regulations ("Rules and Regulations") are a part of the Membership Agreement. You, the Member, agree to abide by the Rules and Regulations and other rules as posted which may vary depending on the club location and services offered. McGwire's Fitness may change the Rules and Regulations without notice at any time. McGwire's Fitness will post any such changes at the clubs. The Rules and Regulations and the individual club rules apply to Members as well as their family members, guests and invitees (collectively, "guests") while in, on or about the Club premises.

MEMBERSHIP SERVICES

Membership services are subject to change without notice. If a service is eliminated and additional fees were charged for that service, the fees will be discontinued upon member's request. No fee reductions will be made if services that are provided at no additional charge are discontinued. Clubs may be built, acquired, reopened, or converted after the date of your Agreement which may be excluded from your membership at the sole discretion of McGwire's Fitness.

RULES AND REGULATIONS

1. Upon entering the club, all Members are required to present their active membership card or driver's license or other government issued picture identification. Without the Membership card or proper identification, McGwire's Fitness may prohibit your use of the facilities or may charge a guest fee for use of the facilities for that day.

2. All guests must sign a medical and injury release form prior to using the club facilities and follow all Rules and Regulations. All guests must prove that they are at least 18 years of age or older or are at least 14 years of age and accompanied by a parent or legal guardian. All guests using a Guest Pass may only do so one time during any six month period and must arrange for a brief tour of the club at least 24 hours in advance of their arrival and provide proof that their residence is within 25 miles of the Club. Guest fees are subject to change without notice. McGwire's Fitness may restrict the number of guests brought by a Member and reserves the right to discontinue guest privileges in its sole and absolute discretion.

3. During Club use, all Members and guests will refrain from engaging in loud, foul or slanderous language or molesting, badgering or harassing other Members or club employees, agents and contractors. Threatening or violent conduct is prohibited.

4. Members and guests will abide by and fully comply with the McGwire's Fitness dress code for proper attire on the Club premises. In addition, for safety reasons, clubs may post recommended, but not required, attire. For example, McGwire's Fitness recommends shower shoes or sandals in all wet tile areas and eye guards during racquetball activities.

5. No Member or guest may coach or train other Members or guests (as determined solely by McGwire's Fitness) Members may not engage in any type of business or enterprise while at the McGwire's Fitness Clubs.

6. From time to time, McGwire's Fitness may permit independent contractors to offer products or services to Members. McGwire's Fitness does not stand behind or in any way make any representations or warranties concerning, or guarantee the quality or reliability of, these products or services, including whether or not these independent contractors will remain in business for any period of time.

7. Members should not bring valuables, including money, onto the Club premises, lockers or parking areas. Each member understands and agrees that McGwire's Fitness is not liable to Member or guests for any personal property that is lost, damaged or stolen while on or around the Club premises, including but not limited to, any vehicle or its contents, or any property left in a locker.

8. Members and guests may not bring illegal drugs or alcoholic beverages onto McGwire's Fitness premises.

9. The front desk telephone may only be used by guests or members in the event of an emergency.

10. Members and guests will abide by any additional McGwire's Fitness rules and regulations posted at the Club. 11. Any active McGwire's Fitness membership in good standing may be placed on an inactive status (frozen) pursuant to McGwire's Fitness' then current policy.

12. Member is liable to McGwire's Fitness for any Club damage caused by Member and Member's guests.

13. McGwire's Fitness may suspend or terminate Member's right to use the Club facilities and services if Member or Member's guests violate this Agreement or engage in other misconduct in or about the McGwire's Fitness facility. Member shall not be entitled to any refund, credit or abatement if such a breach of the Agreement occurs.

14. McGwire's Fitness reserves the right to terminate the Membership for any reason whatsoever upon written notice and a refund of the pre-paid dues, if any. McGwire's Fitness reserves the right to refuse service to anyone, at anytime, and for any reason.

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