- APPLICATION: I apply for membership in the UP Fitness health and fitness club located in 12 Coogan Blvd, Mystic, CT, 06355
(the “Club”). I represent and warrant that I am 18 years of age or older and all facts and information set forth above and in the Physical
Activity Readiness Questionnaire dated this date is true, correct and complete. UP Fitness reserves the right to revoke any membership at the discretion of the UP Fitness Management team. - PAYMENT:
[ ] Annual with Monthly Payment: I must pay Initial Dues and Community Enrollment Fee upon signing this contract. I agree to pay my monthly amount (see above) each month through “automatic” withdrawal from an account I maintain in a financial institution pursuant to this signed authorization form delivered to the Club or through charges to my credit card. Subject to change, drafts (payments)
or charges are made on or about the date the contract was initially signed each month. If I change financial institutions, I will provide UP
Fitness in writing all information needed for the replacement automatic withdrawal at least ten (10) days before the effective date of the change. I agree to membership term of one (1) year and acknowledge that the automatic withdrawal (payments) or charges will continue for
that period unless I terminate my membership as permitted in this contract or I convert to another payment option with the consent of UP
Fitness is pursuant to a new written contract.
All classes, coaching sessions, private and semi-private training will be subject to cancellation fees. Where possible coaching and training may be rescheduled at the discretion of UP Fitness management. Late cancels or no shows for classes (less than 24hrs notice) will be charged a $10 inconvenience fee. It’s simple; sign up, get up, show up, never give up. - TERM. The initial term of this contract is twelve (12) months from the date of the Start Date (or if none is specified, then the date of this contract). After the initial term, the contract may be designed for an additional twelve (12) months from the date of Renewal or billing will continue on a monthly basis at the monthly membership price and maybe canceled via mail to UP Fitness 30 days prior to your next billing date. Memberships may thereafter be renewed in writing at the then-current membership rate. By mutual agreement, one type of membership may be converted to another type of membership pursuant to a new contract with UPFitness. The
term of this contract may be extended as follows:
a. If UP Fitness temporarily closes for thirty (30) days or less, the term shall be extended for the number of days equal to the number of days that the facility was closed (excluding holidays and any other day the facility is normally closed), at no additional cost to me.
b. The term of this contract may be extended, at no additional cost to me, for the number of days equal to the days comprising the duration of your disability. You must prove such disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. UP Fitness may require that you be examined by another physician agreeable to you and the health club at its expense.
- BUYERS RIGHT TO CANCEL. If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the health club may request the return of all contracts, membership cards and other documents of evidence of membership. The notice must be delivered or mailed to UPFitness Corporation, 12 Coogan Blvd., Mystic, Connecticut 06355.
You may also cancel this contract with 30 days written notice if you relocate your residence further than twenty-five miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller. This contract may also be canceled if you die, or if the health club ceases operation at the location where you entered into this contract. - DISHONORED CHECK OR BANK DRAFT AND/OR DEFAULT. If any check, charge, or draft payment to UP Fitness is not honored, in addition to the other rights it may have, UP Fitness shall have the right to (a) assess a service charge of $20.00 for each check,
charge, or draft so dishonored and to require reimbursement for cost of collection, (b) collect the current and past due balance in any subsequent months, (c) pursue remedies for DEFAULT under this provision and/or (d) terminate this contract. UP Fitness reserves the right to resubmit any rejected changes plus a $20.00 service fee. Should you default on your payment obligation, all remaining and future payments of the contract shall become immediately due and payable. You agree to pay all costs of collection, including court costs and attorneys’ fees. - MEMBERSHIP PRIVILEGES. You will be admitted to member activities such as indoor cycling, yoga, barre, group fitness classes, the steam room and other amenities at no additional charge, as some may be available from time-to-time. Membership does not cover
an individual or semi-private personal training sessions, special programs, or rentals, some or all of which may be available from time -to
-time for an additional charge. Not all programs, benefits, facilities, equipment, etc. will be available at all times. Memberships are not assignable or transferable and any attempted transfer or assignment shall be null and void. - MEMBERSHIP RESPONSIBILITY. All use of the Club shall be undertaken at my sole risk, and UP Fitness and/or its Manager shall
not be liable for any harm, injuries or damage to me or my property, or be subject to any claim, demand, liability or damages whatsoever,
including without limitation, those resulting from acts of active or passive negligence on the part of UP Fitness and/or its Manager, its
successors or assigns, as well as its officers and agents, for all such claims, demands, liabilities, damages, or actions or causes of actions. It is specifically agreed that UP Fitness and/or its Manager shall not be responsible or liable for articles lost, damaged or stolen in, about, or in connection with the Club nor for loss or damage to any other of my property, including automobiles and contents. The General Waiver and
The release of dated this day is incorporated by reference and made a part of this contract. - RULES AND REGULATIONS. I acknowledge that UP Fitness operates under rules and regulations established for the safety,
comfort, and protection of members or other patrons and I will abide by and be bound by all posted rules and regulations of UP Fitness, in effect from time-to-time, are incorporated into this contract by reference and made a part hereof. Facilities, equipment, amenities, hours, service,
regulations, and policies are subject to change, without prior notice, at the sole discretion of UP Fitness, and I accept said changes. - PHOTO/VIDEO RELEASE: Participants involved in any activities offered by UP Fitness may be photographed or videotaped during training. By signing below, I grant UP Fitness the right to use my photographic likeness without compensation on any UP Fitness website or in any editorial, promotional, or advertising material produced and/or published by UP Fitness.
- GENERAL PROVISIONS.
a. I acknowledge I have inspected the Club and the same is in full operation. No promises, representations or warranties have been made to me by UP Fitness or otherwise about the Club.
b. I acknowledge that it has been explained to me that this is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.
c. This contract sets forth the entire agreement between me and UP Fitness regarding my membership and any and all prior discussions, agreements, understandings or correspondence are hereby made null and void.
d. This contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by me and UP Fitness.
e. If any term or provision of this contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this contract shall remain in full force and effect to the fullest extent permitted by law. - FULL LIST OF CONTRACT PRICING (Excluding Sales Tax):
Yearly Membership (monthly payments): $59 Monthly Membership (monthly payments): $99
Single Day Pass: $20/day Personal Training Available for Additional Fees
- FULL LIST OF EQUIPMENT AND SERVICES
Treadmills Climbing Treadmill Cross Trainers Yoga Mats
Stationary Bikes Keiser Machines Free Weight Stations Power Blocks
TRX Battling Ropes Kettle Bells Olympic Bars
Rowing Machines Medicine Balls Locker Rooms Swiss Balls
Ply Boxes Foam Rollers Towel Service Rock Climbing Wall
General Waiver and Release of Liability
Express Assumption of Risk: I, the undersigned, am aware that physical exercise can be strenuous and subject to the risk of serious
injury. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the
part of myself, my training partner and/or instructor, or other people around me; injury or death due to the improper use or failure of
equipment; strains and sprains; and damage to the premises. I agree that if I engage in any physical exercise or activity, or use any club
amenity on the premises or off-premises (including but not limited to spin, yoga, Pilates, personal training, the steam room or the sauna) I
willingly assume all risks of injury, illness or death that may result from participation in any activity or class while at, or under the direction of
Up Fitness Corporation (“Up Fitness”).
I am aware that I should consult with a physician or have a physical examination before using any fitness equipment or program,
especially if I am elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems, or other chronic illness. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others and that I have not been advised to not participate by a qualified medical professional. I also acknowledge that I am over the age of eighteen (18). I authorize any representative of Up Fitness to obtain emergency medical treatment for me, including transportation to a
hospital or other medical facility, and I understand that I am responsible for paying any costs associated with that emergency medical treatment.
Initials: _
Release: In consideration of the fact that I am willingly and voluntarily participating in the activities offered by Up Fitness, I, the
undersigned, release Up Fitness, its owners, principals, agents, employees, independent contractors, volunteers, representatives, successors
or assigns from any and all liability, claims, demands, actions or rights of actions, which are related to, arise out of, or are in any way
connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above
mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any
a portion of this agreement is held invalid, I agree that the remainder of this agreement shall remain in full legal force and effect.
Initials: _
Indemnification: I recognize that there is a risk involved in the types of activities offered by Up Fitness. Therefore, I accept financial responsibility for any injury that I might cause either to myself or to any other participant (including instructors) due to my negligence.
Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this
the agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Up Fitness, its owners,
principals, agents, employees, independent contractors, volunteers, representatives, successors or assigns for the injury or death of any
person(s) and damage to property that might result from my negligent or intentional act or omission while participating in activities offered
by Up Fitness.
Initials: _
Loss of Property: Up Fitness shall not be liable for the disappearance, loss or theft of, or damage to personal property, including but not limited to money, negotiable securities, or jewelry. In no event shall Up Fitness’s liability for the disappearance, loss, theft, or damage thereof exceed the lesser of the actual value of $50.
Initials: _
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT
THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
Signature Participant’s name (Please print legibly) Date
Climbing Treadmill Waiver and Release of Liability
I hereby understand and acknowledge that the sport of rock climbing is extremely hazardous and that the risk of injury while engaging in
this sport is high. Even though one may be climbing indoors, on an artificial climbing treadmill, risks still exist. I further understand and
acknowledge that by using the climbing treadmill at Up Fitness, I subject myself to risk of injury, or even death, whether through the
negligence of owners, principals, agents, employees, independent contractors, volunteers, representatives, successors or assigns of Up
Fitness or negligence of other users/members, through the use of equipment that may be defective, damage to the premises, or through other
means.
I understand and acknowledge the types of risks to which I am subjecting myself by engaging in the sport of rock climbing at Up Fitness.
Possible risks include injuries from any manner of fall while at the gym, injuries incurred as a result of the artificial holds spinning or breaking or other instruments or materials used in the sport of rock climbing. I understand that these risks are not all-inclusive and that by climbing at Up Fitness, I could be injured in some way not listed above.
In recognition of all of the above, and in consideration of my use of the facilities and programs offered by Up Fitness, I hereby assume all
risk of injury and/or death and I release, discharge and hold Up Fitness harmless from any liability resulting from injuries and/or death
suffered by me arising out of my use, whether proper or improper, of the programs or facilities at Up Fitness.
I understand and acknowledge that by signing this waiver, I voluntarily waive valuable legal rights to bring legal action against Up Fitness,
or any of its owners, principals, agents, employees, independent contractors, volunteers, representatives, successors or assigns for any cause
related to the negligence of Up Fitness, its owners, principals, agents, employees, independent contractors, volunteers, representatives,
successors or assigns, or for any cause related to the use of defective equipment provided by Up Fitness.
Also, the undersigned acknowledges that he/she will abide by Up Fitness Rules and Regulations as posted in the facility. Further, the undersigned acknowledges that he/she has had the opportunity to inspect the facility and climbing treadmill and ask any questions of Up
Fitness employees prior to the signing of this document. I understand that I am solely responsible for learning and using proper climbing techniques and safety practices.
I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT
THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
BY PLACING MY ORDER, I ACCEPT THESE TERMS.
I UNDERSTAND I WILL BE REQUIRED TO SIGN MORE FORMS WHEN PRESENT AT UP FITNESS.
