CLUB POLICIES
1) The Key Fob is for your use and your use only. Your key is not to be used by anyone else to access the gym. We have the right to charge up to $100 for a security violation. Repeated violations of this policy may result in termination of your membership.
2) Please wipe your equipment down when finished as a courtesy to other members.
3) Dropping weights can break them and/or damage our flooring and is strictly forbidden in the club. Our policy is that if you must drop a weight, you are not in control of that weight and are lifting too much. This includes dropping of the weight stack on the cable strength equipment.
4) Please replace your weights when finished with them onto their respective racks. Failure to return weights/equipment to their designated racks/area may result in a fine or suspension of membership.
5) We ask that you not wear outside shoes in the club. This helps maintain the cleanliness of the club and increase the longevity of our equipment. Please bring a second pair of athletic shoes. Shoes must also be close-toed.
6) We take the safety and security of our club and our members VERY seriously. Guests are allowed ONLY during staffed hours. Bringing a non-member, whether they have a Guest Pass or not, into the club during non-staffed hours will result in $25 security violation fee for your 1st offense, a $100 security violation fee for your 2nd offense, and termination of your membership for a 3rd offense.
7) Do not under any circumstances open the door for anyone during non-staffed hours, even if you know them. Letting anyone in the club during non-staffed hours will result in a $25 security violation fee for your 1st offense, a $100 security violation fee for your 2nd offense, and termination of your membership for a 3rd offense.
8) Children are not allowed in the club while you work out unless approved by staff. Children are only allowed during a tour, while conducting business in the office, special events, and any other activities as allowed & posted by club staff or management. This policy is dictated by insurance requirements.
9) Our restrooms and tanning rooms are to be occupied by only one person at a time. Violation of this policy will result in immediate termination. This policy will be strictly enforced.
10) Willfully causing any door or panic alarm in the club to be activated, misusing or tampering with any emergency equipment such as fire extinguishers or the AED will result in a $100 dollar security violation fee or termination of your membership.
11) Members must ALWAYS enter and exit via the Member Door. The Guest Door, the door that is on your left while in the club facing outside, is unlocked only during staffed hours. After staffed hours, this door is locked to prevent outside entry but is still able to be opened from the inside for emergency purposes. This door is monitored via our alarm system after hours and opening it will result in the alarm being set off. Use of the Guest Door after hours resulting in the alarm being triggered, will result in a warning for the 1st offense, $50 for the 2nd offense, and termination of your membership for the 3rd offense. If the Police Dept is required to respond to a false alarm caused by your use of the Guest Door after staffed hours, we will pass on their fine to you.
12) Losing your Key Fob will result in a $10 replacement charge. Please notify us immediately if you lose your key to prevent unauthorized access to the club.
13) Per your Membership Agreement, cancelling of your membership agreement prior to the end of your term is only allowable under the following circumstances: a) Death, b) Permanent Disability (requires filing official documentation), or c) Relocation that results in your new residence to be further than 25 miles away. If you do not fall into one of the above 3 situations but still desire to cancel your membership prior to the end of your agreement, you will be required to pay the lessor of a) the remaining balance due plus a $100 fee OR b) Early Termination Fee of $250.00. ALL cancellation requests require a 30 day notice and are required to be made in writing at the club. This is the ONLY acceptable format that we will accept. Email, voice messages, dry erase notes, etc are NOT acceptable and your membership agreement will remain in full force until we receive your official cancellation request. Any funds that remain payable will be required to be paid prior to us processing your cancellation request. At the end of your agreement term, we will continue to bill your account on a month to month basis until stated otherwise and a cancellation request is submitted.
14) Nonpayment of your dues, tanning fees, and/or additional fees required per your Membership Agreement, will result in our billing company, CardConnect/BluePay, contacting you in an attempt to bring your account up to date. If you have a temporary situation that would benefit from the temporary deferment of your dues, please contact us, we may be able to place a freeze on your account at the determination of the manager and/or owner. If for whatever reason, your account is turned over for collections, we reserve the right to demand payment of any outstanding balances plus additional late fees and any and all collection fees assessed.
15) There will be an annual Club Enhancement Fee. The purpose of the Club Enhancement Fee is to provide for the maintenance and improvement of the equipment and services offered. This fee of $_19_ will be collected beginning 6 months after the sign up date, and on the same date each year thereafter.
16) We reserve the right to modify, alter, eliminate, or add to these policies at any time. We will post the changes for 30 days prior to them taking effect.
WAIVER
I understand the risk of injury from CLUB activities and using any CLUB equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and other products and machines and exercising alone without the aid and presence of CLUB staff on the premises. In addition, I acknowledge that club activities may include outdoor activities which may present additional risks, such as slippery surfaces, uneven surfaces, loose rock or gravel, and unseen roots and other items. I understand that this CLUB is independently owned and operated by 7:24 Fitness on the Rock. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS 7:24 Fitness on the Rock, LLC and its affiliates, CardConnect/BluePay Financial Services, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment products and machines or the facilities of the CLUB, or any indoor or outdoor exercise program offered at or by the CLUB, or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement. I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTIONS OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
ADDITIONAL TERMS AND CONDITIONS
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the CLUB will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the MEMBER is paying monthly dues by Electronic Funds Transfer (EFT), the CLUB's Designated Billing Company CardConnect/BluePay, LLC reserves the right to draft via EFT all amounts owed by the MEMBER including any and all late fees and service fees. Subject to appropriate State and Federal Law. (NOTE: MEMBERs paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed to a coupon book. This will not affect any other provisions of this agreement.)
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue drafting your account. NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
MEMBERSHIP FREEZE POLICY: If you become temporarily disabled for more than four consecutive weeks, you may freeze your membership for up to three months. The request must be made in writing and the CLUB may require proof of the disability. You may be assessed a fee not to exceed $10/month. Time may be frozen for up to 3 months and requires medical proof of disability to extend the freeze past 3 months. Regular payments and time will be added to the end of the existing membership term. Military Member: If at anytime during the term of your agreement, you are deployed or assigned to active duty, the CLUB will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence and the applicable time period.
MAINTENANCE OF FACILITIES: The CLUB may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes. The club reserves the right to add a periodic facility maintenance charge. If a Facility Maintenance Charge is implemented in the future, you will be given a minimum of a 60 day notice of the amount owed and due date. You authorize the Designated Billing Company to automatically draft this amount along with your regular membership dues.
MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all CLUB policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERs with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying the CLUB promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.
CANCELLATION POLICIES
1. This contract may be cancelled by a member within 3 business days after the first business day after the contract is signed by the member. All monies paid pursuant to said contract shall be refunded to the member in the event of cancellation. For the purposes of this paragraph, business day shall mean any day on which the facility is open for business.
2. Relocation: The member may cancel his or her membership if he or she relocates farther than 25 miles from the club. However, the member must present satisfactory evidence that such relocation has occurred. The member shall assume liability only for those charges incurred as of the date the evidence of such relocation is presented to and accepted by the club, plus a reasonable fee which shall not exceed 10% of the unused balance, or $ 50, whichever is less. This provision shall not apply to members whose residence is further than 25 miles from the club at the time of contracting. The relocation of the club's facilities cannot cause a "relocation" within the meaning of this paragraph.
3. Death: If a member dies, his or her estate will be liable for charges which occurred prior to member's death. The club reserves the right to request, and the member or his/her estate agrees to provide, reasonable evidence of death.
4. Disability: If a member dies or becomes disabled, the member can cancel his or her membership. However, the member must present satisfactory evidence that he or she is disabled. The member shall assume liability only for those charges incurred as of the date evidence of such disability is presented to and accepted by the club. Total disability shall be defined as any verifiable medical condition which prevents the member from utilizing all, or substantially all, of the club's facilities and services. A partial disability is one which impairs only a portion of the member's ability to utilize the club's facilities and services. A member may cancel his or her membership in the event of total disability. Partial disability shall not be grounds for terminating the contract. The club reserves the right to request, and the member agrees to provide, reasonable evidence of disability.
5. Club's Right to Cancel: The CLUB retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the CLUB policies, violation of terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $50 cancellation fee. In the case where the facility or its contents are damaged, you will furthermore be responsible for the repair or replacement thereof.
6. Exclusive Method of Cancellation: All notices of cancellation pursuant to the sections above shall be made in writing and delivered by certified or registered mail to: 7:24 Fitness on the Rock, 107 1/2 1st Avenue, Rock Falls, IL 61071. All refunds to which a member or his estate is entitled shall be made within 30 days of receipt by the center of the cancellation notice. No other method of cancellation will be effective.
7. Any payments due prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, send or deliver a written notice to the CLUB or to the Designated Billing Company.
SUMMARY OF MEMBERSHIP POLICIES
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER's own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of tanning beds. The MEMBER may also be charged for purchases through the use of their key or account number.
2. MEMBER must present upon entering the CLUB his/her membership card. MEMBER agrees that MEMBER may be denied access to the CLUB without his/her membership card.
3. MEMBER agrees to abide by all membership regulations of the CLUB. MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this Agreement, even if MEMBER does not use the CLUB's facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If the CLUB becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER's membership privileges for the period the facilities were unavailable.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER's right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER's membership may be terminated by the CLUB, and the balance of the contract declared due and payable in full immediately.
5. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERs or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER's membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.
6. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in the CLUB.
7. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault or harass other CLUB MEMBERs, guests or employees. If MEMBER engages in such behavior, MEMBER's membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
9. MEMBER understands MEMBER may be photographed at the CLUB. By execution of this Agreement, MEMBER agrees to allow MEMBER's photo, video or film likeness to be used for any legitimate purpose by the CLUB and by 7:24 Fitness on the Rock, LLC, and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this Agreement, MEMBER gives up all claims of ownership, income, editorial content, and use of such media, and assigns all copyright ownership to 7:24 Fitness on the Rock, LLC.
10. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
11. Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration before a single arbitrator under the authority of the Federal Arbitration Act, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which this CLUB is located unless otherwise agreed. All arbitration proceedings must be made by an individual claimant, and will not be conducted on a "class" basis. The decision of the arbitrator must be a reasoned award. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state. Any award from the arbitrator may be appealed under the Appellate Arbitration Rules of the American Arbitration Association.
12. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney's fees.
13. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
14. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
15. MEMBER authorizes the CLUB, Auth.net, 7:24 Fitness on the Rock, LLC, and their authorized designees to contact them by email, telephone, or by other means. Subject to applicable law, MEMBER agrees that any of these parties may contact MEMBER at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, any such party. A copy of the privacy policy of Auth.net can be found at https://cardconnect.com/privacy-policy. By signing this agreement, MEMBER hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of the CLUB, Auth.net, 7:24 Fitness on the Rock, LLC, and/or their authorized designees, and MEMBER understands that such consent is not a condition of purchase.
16. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations may be posted in the Membership Guide or at the CLUB from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the Membership Guide can be found at the CLUB or at the CLUB's website.
SAFETY NOTICES
• This facility is under 24-hour recorded video surveillance, which may be retained by the CLUB for subsequent review, and MEMBER access card usage is logged.
• MEMBER may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy.
• MEMBERs who do not have their key access card will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.
• Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB. Regardless, all payments for personal training services are to be made to the CLUB, who will pay the trainers as the services are provided.
• MEMBER has access to a free orientation to the facility and the proper use of all equipment. It is the MEMBER's responsibility to request this orientation.
• It is MEMBER's responsibility to wipe down all equipment after each use and re-rack the weights they use. Failure to return weights/equipment to their designated racks/area may result in a fine or suspension of membership.
• MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
• Each MEMBER is responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
• Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the MEMBER's membership, and the balance of the contract being declared due and payable in full immediately.
• Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.
• Age Requirements – Persons under the age of 18 are not permitted in the CLUB unless approved by staff.
TANNING, VENDING, & PRODUCT PURCHASES
• If the MEMBER elects to make use of the CLUB tanning facilities, he/she does so at their own risk.
• If the MEMBER has not purchased a tanning package, they will automatically be charged a per session rate determined by the CLUB.
• If the Primary MEMBER or any of the Additional MEMBERs on this agreement choose to utilize the tanning beds on a per session basis, vending machines or purchase products directly from the CLUB using their assigned Key, the Primary MEMBER hereby agrees to have the cost of such purchases, including Sales Tax, added to the next monthly draft in addition to their membership dues.
7:24 Fitness on the Rock
