The undersigned individual (the Member), hereby indicates their desire to become a member of RISE | Juice + Fitness, pursuant to the terms and conditions of this membership agreement.
The Member agrees to pay either monthly or annual dues, indicated by selecting an option from our services menu. These dues may be paid by automatic debit or credit card transaction or in-person via debit, credit, or cash.
Personal training, fitness classes, Infrared Sauna, and Nutritional Counseling sessions are all services offered by RISE | Juice + Fitness. This membership agreement entitles the member to access to RISE I Juice + Fitness their selected sessions so long as all dues are current.
RULES & PARTICIPATION
The Member hereby agrees to abide by all posted safety guidelines and regulations while using RISE | Juice + Fitness facilities and equipment. Additionally, the Member agrees to dress and conduct themselves in a manner deemed appropriate for a fitness facility. The Member shall not consume drugs, alcohol, or tobacco products on RISE | Juice + Fitness property. RISE I Juice + Fitness reserves the right to revoke the Member's access if these terms are violated.
The Member hereby agrees to provide RISE | Juice + Fitness with notice for a cancelled session at least 6 hours prior to the start of their session. If the Member is a no-show to their scheduled session or provides less than a 6 hour notice of cancellation, that session will be forfeited and deducted from the remaining sessions in their membership plan.
This membership may be cancelled by providing written notice RISE I Juice + Fitness at least 2 business days prior to the membership renewal date. If the membership contract is cancelled prior to contract expiration date, the Member agrees to pay a cancellation fee and/or forfeits the remaining sessions left in said membership.
If the Member must cancel this gym membership contract due to military service or relocation to an area more than 25 miles from a RISE | Juice + Fitness facility, the Member may cancel without paying the cancellation fee.
This membership contract shall be considered binding upon the Member and RISE | Juice + Fitness, and shall be upheld and enforced in accordance with the laws of Tennessee. Any legal proceedings related to this membership contract shall take place in courts located in Nashville, Tennessee.
The below signed parties hereby enter into this membership contract with one another in acknowledgement and acceptance of the terms listed above.
RELEASE OF LIABILITY
READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
In exchange for participation in the activity of Fitness Classes, Personal Training, and/or Infrared Sauna organized by RISE I JUICE + FITNESS, of 6601 Sugar Valley Drive, Suite 104, Nashville, Tennessee, 37211 and/or use of the property, facilities and services of RISE | JUICE + FITNESS, I agree for myself to the following:
I. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by RISE I Juice + Fitness, or the employees, representatives or agents of RISE I JUICE + FITNESS.
II. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself, and further release and discharge RISE JUICE + FITNESS for injury, loss or damage arising out of my use of or presence upon the facilities of RISE I JUICE + FITNESS, whether caused by fault of myself, RISE JUICE + FITNESS, or other third parties.
III. INDEMNIFICATION. I agree to indemnify and defend RISE | JUICE + FITNESS against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of RISE I JUICE + FITNESS.
IV. FEES. I agree to pay for all damages to the facilities of RISE I JUICE + FITNESS caused by any negligent, reckless, or willful actions by me.
V. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Tennessee law.
VI. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that RISE I JUICE + FITNESS has offered to refund any fees that I have paid to use its facilities if I choose not to sign this Agreement.
VII. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the products of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
VIII. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
IX. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to the Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.