Our Policy

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Dues:

Member agrees to promptly pay all the monthly charges and dues after being accepted for membership. The first months dues are due upon signing the contract. Dues will be billed at the first of the month and are due and payable with or without receipt of a statement. If delinquent more than 60 days, Westside Fitness, LLC may cancel Member’s membership and begin collection proceedings to satisfy Member’s total membership obligations under this Agreement. A 30-day notice will be given whenever there will be an increase in dues to maintain the quality of Westside Fitness, LLC, if so desired, Member may terminate his or her membership during such 30-day period.

Cancellation/ Assignment:

Member may cancel this Agreement with a penalty payment of $100 or two months’ dues, whichever is greater. Member’s membership can be cancelled without penalty if Member moves more than 50 miles out of the area. Failure to use the membership does not relieve Member of liability for payment. Member’s membership is non-transferable and non-refundable, and may not be assigned or cancelled by Member, except as provided in this Agreement. Westside Fitness, LLC may transfer or assign this Agreement without Member’s consent.

Term:

After Member has completed the term of his or her membership (as set forth on the application page), Member’s membership will automatically renew for another period of equal length unless Member provides Westside Fitness, LLC written notice of cancellation at least 30 days prior to the renewal date. Member has the option to freeze membership for any reason, for up to 90 days for any reason for $10.00. Membership can be frozen for up to 90 days for medical/ illness at no charge. Each situation will be taken on a per case scenario.

Additional Fees:

Member will be subject to the following additional fees:
- Member I.D. cards are to be presented to the front desk at the beginning of each visit. All replacement cards are $5.
- A 1.5% monthly finance charge (18% annually) will be added to past due accounts, with a minimum finance charge of $2.
- There will be a $20 late fee if dues are paid after the 15th of the month or if the electronic funds transfer is declined. - Twin Oaks Software Development, Inc. will charge and additional $20 administrative fee to any account that is 30+ days past due and submitted for collections.
- There will be a $26 NSF fee on any check returned to Westside Fitness, LLC.

Rules and Regulations:

Member agrees to abide by the rules and regulations that may be promulgated from time to time by Westside Fitness, LLC. Member agrees that violation of such rules and regulations may cause Member’s membership to be immediately terminated in the sole discretion of Westside Fitness, LLC.

No Waiver:

Westside Fitness, LLC does not waive its right to have future payments made when due if Westside Fitness, LLC accepts a late or partial payment or delays in the enforcement of its rights on any occasion.

Default:

If Member in any way defaults in the performance of his or her obligations under this Agreement, then Westside Fitness, LLC may immediately demand and be entitled to payment of all unpaid installments. If Member’s failure to pay any one or more of the payments due under this Agreement results in Westside Fitness, LLC retaining an attorney for collection of the payments due hereunder, Member will be responsible for the payment of court costs and reasonable attorney fees.

Liability Waiver:

It is agreed that all use of Westside Fitness, LLC will be undertaken by Member at his or her own risk. Westside Fitness, LLC expressly disclaims all warranties, express or implied. It is further agreed that Westside Fitness, LLC, its owners, members, mangers, employees, representatives, and agents will not be liable for any damages °© direct, consequential, exemplary, special, punitive, or otherwise °© arising from personal injuries sustained by Member on or about Westside Fitness, LLC’s premises or as a result of Member’s use of the equipment therein. Member’s sole and exclusive remedy for breach by Westside Fitness, LLC will be the return of any pre-paid membership dues. Member accepts full responsibility of any injuries or damages that may occur to the Member on or about Westside Fitness, LLC’s premises and further agrees that Westside Fitness, LLC will not be liable for any damage, loss or theft of Member’s personal property. Member does hereby fully and forever release and discharge Westside Fitness, LLC, its owners, members, managers, employees, representatives, and agents from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether they be known or unknown, anticipated, or unanticipated, resulting from or arising out of Member’s use or intended use of Westside Fitness, LLC and equipment therein.

Member’s Physical condition:

Member represents and warrants that Member is in good physical condition and that he or she has no disability, impairment or ailment preventing him or her from engaging in active or passive exercise or that may be detrimental or inimical to his or her health, safety, comfort, or physical condition if he or she does so engage or participate.

Unavailability of Facility:

Westside Fitness, LLC reserves the right, and without prior notice to Member, to temporarily close Westside Fitness, LLC or a portion thereof, for remodeling, improvements or repairs. Westside Fitness, LLC reserves the right to permanently close Westside Fitness, LLC, and in such event, the Member’s membership will be terminated.

Use of Facility:

Member agrees to be subject to the control and guidance of all Westside Fitness, LLC staff while on Westside Fitness, LLC’s premises and will follow the instructions of the staff. Member agrees to conduct himself or herself in a quiet, well-mannered fashion while on Westside Fitness, LLC’s premises. In the event of an accident, Member agrees to be examined at Member’s sole expense by a licensed physician and Member agrees to complete and return Westside Fitness, LLC’s accident and injury report form to Westside Fitness, LLC.

Indemnification:

Member agrees to indemnify and hold Westside Fitness, LLC harmless for any and all liability, loss, claims, expenses (including attorneys fees), and other damages (collectively, “Damages”) resulting from a breach of this Agreement or caused by member in connection with his or her use of Westside Fitness, LLC or the equipment therein, including property damage and personal injury or death.

Guests:

Membership does not include the right to extend the use of Westside Fitness, LLC to guests. Notwithstanding the previous sentence: (i) any act or omission of a Member’s guest will be deemed to be an act or omission of the Member for the purposes of this Agreement; and (ii) if Member’s guest makes a claim against Westside Fitness, LLC for personal injury or otherwise, then Member will indemnify and hold Westside Fitness, LLC harmless from any and all Damages arising from such claim(s).

General:

The provisions of this Agreement are severable. If any provision of this Agreement is declared to be void, valid or unenforceable, it is the intention of the parties to this Agreement that the remainder of this Agreement remain valid and enforceable. This Agreement and the rules and regulations referenced herein represent the entire agreement between Westside Fitness, LLC and Member. Westside Fitness, LLC will have all rights and remedies provided by law and the remedies provided in this Agreement are cumulative. The laws of the State of Michigan govern this Agreement.