Online Monthly Dues Membership
Member may terminate his or her membership after the expiration of the Term by notifying IXL in writing and paying all full amounts then due and owing IXL. Notice of such termination shall be given only in writing by registered or certified United States Mail, return receipt requested, to IXL, PO Box 837 Rhinebeck NY 12572, together with Members membership card. Failure to return the membership card at this time will result in an additional fee of $5.00. Thirty days notice of Members intention to terminate is required. Unless Member terminates his/her membership agreement as set forth above, the membership shall automatically be renewed on a month-to-month basis at the expiration of the Term, thus, becoming an open-end agreement. Member shall be obligated to pay monthly dues, regardless of whether he/she uses the club facilities, until member has given written notice of termination as provided in this paragraph. IXL makes no warranties or representations, expressed or implied, other than those set forth herein, and Members sole exclusive remedy in the event of any breach of this agreement shall be cancellation of the Agreement. Present agreement supersedes and replaces all and any previous agreements.
1. MEMBERS HEALTH WARRANTY: Member warrants and represents that Member (and other members under the family membership, if this membership is applied for) has no disability, impairment or ailment preventing him/her from engaging in active or passive exercise or activity that will be detrimental or inimical to his/her health, safety, or physical condition if he/she does so engage or participate. If member is in doubt about any part of his/her fitness training or recreation, Member will consult his/her physician.
2. ENTIRE AGREEMENT: This membership agreement constitutes the entire and exclusive agreement between the parties. Any promise, representation, understanding and/or agreement pertaining directly or indirectly to the agreement must be modified in writing. Employees are not authorized to make any independent agreement that is not the club’s general policy with any member.
3. Your membership is transferable. You may sell or otherwise transfer your membership to another individual by completing the appropriate form at the club. The new member(s) will then be responsible for monthly charges. A transfer fee will charged by IXL Health and Fitness for each transfer. Memberships may only be transferred if payments are current, on all non pre-paid memberships.
4. Members who pay membership in advance are entitled to transfer the remaining months pre-paid along with their membership. Financial transactions on all transfers are strictly between the member and the transferee. The club assumes no responsibility for reimbursement of prepaid membership. Appropriate terms, agreement and fees must be completed at club, before usage is granted to transferee.
4A. All month by month memberships are contracted and understood to be a minimum of 3 months with no maximum set term. Authorization for billing is open ended and membership has no renewal date. Monthly rates are subject to increase, with a minimum 60 days written notice to allow for cancellation with no penalty.
5. No deduction or allowance for payments shall be made for member’s failure to attend or use club facilities due to vacation, travel, or other personal or professional commitments.
6. In the case where one family member discontinues his/her membership (regardless of which member it is), the remaining member would be charged the first person commitments.
7. Any and all membership freezes will be made at the discretion of management. Members requesting a freeze on payments due to medical injury (minimum 30 days) must submit a written doctor’s notice which is subject to verification. A membership freeze will become effective on the first business day following submitted notification. If a membership freeze is approved, member must return their I.D. card to Gym for the duration of the freeze. Members who freeze their membership are not entitled to use any club facility during their membership freeze. ALL TIME CREDITS due to an approved medical freeze will be added to expiration of current prepaid membership term. In the event that current membership is a contracted monthly installment payment plan ALL CONTRACTED PAYMENTS, TERMS, AND BILLING SCHEDULES WILL REMAIN ACTIVE and time paid for but not used due to approved medical freeze will be added to expiration date of current term. THERE ARE ABSOLUTELY NO RETROACTIVE REFUNDS OF DUES OR RETROACTIVE TIME CREDITS due to non-use of facilities. All approved membership freezes will not exceed 120 days without additional approved verification submitted to club. In the event that no verification is submitted, medical freeze will automatically end on the 121st day without further notification.
7A. All approved membership freezes for month to month open memberships will begin on first business day following receipt of medical notification by the club. Monthly installment will be held AFTER current period is drafted of which will be credited upon return.
8. Usage fees are charged for the following activities as well as for additional amenity services posted: Childcare, Tanning, Personal training and Group exercise classes.
9. CHECK-IN PROCEDURE: Upon entering the club, members and guests are required to check in at the front desk before using club facilities. Members must present their membership card.
10. Lockers are provided for daily use by members. Management reserves the right to remove locks and any articles left in locker overnight, and shall not be liable for locker contents. Members are urged to avoid bringing valuables onto the club premises. The club, its agents or employees shall not be liable for the loss of, theft of, or damage to, the personal property of members or guests.
11. Member hereby acknowledges that in using the facilities programs and equipment of IXL Health and Fitness, he/she does so at his own risk. Member expressly agrees that IXL Health and Fitness shall not be liable for any personal injuries or any loss or damage to property sustained by member on or about premises of IXL Health and Fitness resulting from or arising out of negligence of any other person present on the premises of IXL Health and Fitness.
12. Damage to “club” property shall be paid for by any member who willingly or neglectfully causes such damage.
13. Management has the right to suspend and/or terminate any membership for non-payment of any and all fees as agreed or for inappropriate behavior incidental to the enjoyment of the club by other members. No refund will be allowed. Management (not members) shall appropriately deal with an employee relations matter.
14. GUEST POLICY: IXL Health and Fitness is a private club. Guests accompanied by members must register and are permitted on a limited basis at the then prevailing guest fee rates. Members are responsible for the behavior of all guests. All guests must be greeted by a membership representative.
15. DISHONORED CHECK OR BANK DRAFT: If any check, charge, or draft payment to IXL Health and Fitness is not honored, in addition to the other rights it may have, the club 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 collection. (b) Assess a service charge of $20.00 for each cost collection process. (c) Terminate this agreement. IXL Health and Fitness reserves the right to resubmit any rejected charges, plus a $20.00 service fee. Members are responsible for notifying IXL Health and Fitness of any changes in checking or credit card accounts. It is the member’s responsibility to inform club of any changes in billing information prior to the first day of the month, that is: account number, credit card expiration date, closed account, new billing method, etc.
15A. All contracted monthly installment memberships that become PAST DUE and are issued a coupon book by ASF will be adjusted with an additional $5.00 per monthly installment for the balance of the contracted term. At such time when new electronic billing information is entered and drafts are restored, monthly dues will be adjusted to original electronically contracted amount. All late fees and past due service charges will be added to adjusted coupon monthly rates when applicable.
16. DELIQUENT ACCOUNTS: All accounts not made current complete with all fees noted on this agreement will be rendered due in full and assigned to a collection agency immediately without any additional notice. No club usage will be permitted until complete balance plus all fees have been received by IXL Health and Fitness
17. In case of long term interruption of all services provided by IXL Health and Fitness (example: fire or other disaster), IXL Health and Fitness reserves the right to freeze memberships and add the lost time only once services resume.
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 health club. 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. You may also cancel this contract if you relocate your residence further than thirty-five miles from current address when current membership was originally purchased. Acceptable proof of such move is either a paid utility bills or phone bills. This contract may also be cancelled if you die, if you become disabled, you shall have the opportunity of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the 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. The health club may require that another physician agreeable to you and the health club at its expense examines you. If you cancel the health club may keep or collect an amount equal to the fair market value of the services or use of the facilities you have already received. 2 months dues will be charged as a cancellation fee for all yearly contract agreements not cancelled within the 3 day right to cancel