This Membership Agreement (“Agreement”) covers the purchase of a membership at the JOHN REED location above.
**In the event the Facility is not open as of the Dues Start date, your dues will be prorated accordingly, and your first full month’s dues will be charged on the next bill date.
Notice of Dues and Fees Renewal: Subject to the terms of this Agreement, if you are being billed monthly, this Agreement will automatically renew on a monthly basis at the end of the Initial Term, and your monthly dues will continue to automatically bill each month until this Agreement is cancelled per its terms.
Subject to applicable law and on notice to you, JOHN REED may cancel this Agreement or change the amount of dues and charges payable hereunder after the Initial Term.
NOTICE TO PURCHASER:
(1) DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
(2) IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: JOHN REED, 8335 WESTCHESTER DRIVE, SUITE 40, DALLAS, TEXAS 75225.
(3) IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:
(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: JOHN REED, 8335 WESTCHESTER DRIVE, SUITE 40, DALLAS, TEXAS 75225; AND
(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.
(4) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: JOHN REED, 8335 WESTCHESTER DRIVE, SUITE 40, DALLAS, TEXAS 75225.
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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
IF THE HEALTH SPA DOES NOT OPEN BEFORE APRIL 15, 2021 OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR THIRTY DAYS, YOU ARE ENTITLED TO A FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY JOHN REED FITNESS TEXAS LLC, IS LOCATED WITHIN 10 MILES OF 8335 WESTCHESTER DRIVE, SUITE 40, DALLAS, TEXAS 75225 AND IF YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP FEES ONLY IF THIS LOCATION DOES NOT FULLY OPEN FOR BUSINESS BEFORE NOVEMBER 27, 2022 OR IF THE NEW SPA DOES NOT REMAIN OPEN FOR 30 DAYS.
I agree to pay and specifically authorize JOHN REED to charge my debit or credit card, or to debit my bank account designated above (or any replacement card or account) for all amounts owed to JOHN REED under this Agreement, including the amount I owe today (or at opening if I am not being charged until the Facility is open), all recurring dues and fees, any unpaid past dues and fees, and all other amounts, taxes, and other charges. If I have amendments, addendums or supplements to this Agreement for other services and products from JOHN REED for which dues or fees are owed and have designated the same account for payment, I authorize JOHN REED to make one monthly debit or charge for all amounts designated for such account. I understand and agree that, subject to applicable law, amounts due may be processed in a single or multiple transactions and on the same or different billing dates, and that JOHN REED may change the billing date(s) upon notice to me. I understand and agree that the amounts charged or debited to my account may vary from the amount shown in this Agreement due to increases in dues, applicable taxes or other fees and charges that I owe, and I waive advanced notice of such changes to the extent permitted by applicable law. If I have provided JOHN REED with more than one method of payment, I authorize JOHN REED to charge any amounts I owe to JOHN REED to any form of payment I have provided until such time as I have revoked my authorization for that method of payment by written notification delivered to JOHN REED.
If charges are rejected or returned unpaid for any reason, I authorize JOHN REED to resubmit the charges for payment one or more times. Further, subject to applicable law, I agree to pay fees of up to $25.00 for any electronic funds transfer or credit card charge not honored by my bank or credit card company, including non-payment as a result of insufficient funds, closed accounts, and declined credit card charges. Even after I cancel this Agreement, I agree to allow JOHN REED to charge the amounts unpaid but owed by me to Gold’s Gym.
I understand and agree that it is my obligation to review my bank and credit card statements monthly to verify appropriate amounts have been processed. If my account has been incorrectly charged or drafted, I agree to promptly notify JOHN REED within 90 days of such charge. My failure to review my account statement and provide notice of any issue to JOHN REED within 90 days of the charge will be deemed a waiver of any right I may have to receive any account adjustment, including reversal or refund of late fees or other charges. If I change the payment method, I will provide new account information (either a voided check or credit card voucher) at least 30 days prior to the next billing date. I may stop any electronic funds transfer to my checking account, savings account, or debit card by notifying the financial institution named above at least 3 days before the scheduled transfer date. I agree to being contacted at the phone number above regarding my account. JOHN REED may terminate or restrict use of my credit card or my debit or bank information.
My signature below constitutes my authorization and agreement to these terms for fees due today and for automatic and recurring charges or debits.
Guaranty: Any guarantor or account holder who signs below (“Guarantor”) guarantees the full payment of all amounts owed to JOHN REED under this Agreement. This is a guaranty of payment and not collection and will be effective without notice of acceptance by the beneficiary hereof. This is a continuing guaranty. JOHN REED may extend the time allowed for payment, modify this Agreement, and release other parties to this Agreement without affecting the obligation of Guarantor.
- GENERAL: You must be 18 years or older to join or use any JOHN REED facility. You have joined the location designated in this Agreement. JOHN REED may allow you to use other facilities at its sole discretion and reserves the right to add or eliminate available facilities. Hours of operation are set by JOHN REED and may be changed at any time in its sole discretion. Hours of operation, addresses, and major facilities/services offered can be found at https://us.johnreed.fitness/. JOHN REED is not required to continue any particular programs, facilities, services, equipment, fixtures or furniture as part of its contractual obligations and may discontinue or change such items in its sole discretion. The information on this Agreement is the property of JOHN REED and its subsidiaries. Membership does not confer on you any ownership interest in JOHN REED or its property. The products and services offered at JOHN REED are for members only. You must notify JOHN REED within a reasonable time after any change in your address.
- RULES AND REGULATIONS: You acknowledge the existence of and the need for rules and regulations governing your membership and use of JOHN REED equipment and facilities, and participation in services (the “Rules and Regulations”). JOHN REED reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion, and you agree to comply with the Rules and Regulations in effect and as they may hereafter be modified, amended or supplemented. JOHN REED may cancel your membership (and any services or products purchased from JOHN REED) at any time, including for violations of applicable law or regulation, breach of the Rules and Regulations or generally undesirable, abusive, or offensive behavior (as determined by JOHN REED in its sole discretion) and you will not be entitled to a refund of any portion of dues paid to the date of cancellation. Your account must be current to access and use the gym. You are required to check-in each time you use the gym, and failure to do so is cause for termination of this Agreement.
- POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near JOHN REED facilities unless such a document is first submitted and approved by the management of JOHN REED. We do not condone outside soliciting of any kind.
- LIABILITY FOR PERSONAL PROPERTY: JOHN REED shall not be liable to you, your guests or invitees for any personal property that is damaged, lost or stolen while on or around JOHN REED premises or at an off-site services location including but not limited to, a vehicle or its contents or property left in a locker. You shall be liable to JOHN REED for any damage to JOHN REED facilities and any equipment, furniture or fixtures located thereon caused by you, your guests or invitees. JOHN REED does not hold personal property of any kind; any unclaimed items will be discarded.
- PAYMENT DEFAULT: If you fail to pay any amount when due under this Agreement, JOHN REED shall be entitled, at any time in its sole discretion, to suspend or cancel your membership, and any services and products purchased by you and to require you to immediately pay all past due balances. In addition, JOHN REED shall have the right to declare the entire remaining balance due and payable. Such suspension or cancellation shall not relieve you from the obligation to pay any unpaid balances. Any payments owing from you to JOHN REED that are not received when due shall bear interest at the highest rate permitted by law. To the fullest extent permissible by applicable law, if you fail to pay any amount to JOHN REED when due, you shall pay all costs of collection incurred by JOHN REED, including reasonable attorney’s fees and expenses.
- HEALTH REPRESENTATIONS AND AGREEMENTS: You represent and warrant to JOHN REED that you are 18 years or older, in good physical condition and have no medical reason or impairment that could prevent you from your intended use of JOHN REED facilities, equipment, programs or services. You acknowledge that JOHN REED has not given you any medical advice before you joined JOHN REED and cannot give you any such advice after you join JOHN REED, whether related to your physical condition and ability to use the facilities, equipment, programs and services of JOHN REED or otherwise. You agree to discuss any health or medical concerns with your physician or other health professional prior to using JOHN REED’s facilities, equipment, programs, and services.
- MISCELLANEOUS: (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of JOHN REED, which consent may be withheld in JOHN REED’s absolute discretion, (iii) unless prohibited by applicable law, JOHN REED shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable.
- AGREEMENT TO ARBITRATION AND WAIVER OF TRIAL BY JURY AND CLASS ACTION RIGHTS. This Agreement shall be governed by the internal laws of the State ofTexas without regard to principles of conflicts of laws. You agree that you knowingly and voluntarily waive your right to a trial by jury in any action or proceeding relating to any and all claims you may have against JOHN REED, its affiliates, parents, agents or any related parties. Any and all claims you may have against JOHN REED, its affiliates, parents, agents, or any related parties must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in front of a single arbitrator in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action.
- CANCELLATION: Unless otherwise expressly provided in this Agreement or required by applicable law, you may not cancel this Agreement or your obligation to make the required payments during the Initial Term, and and package fees and prepaid amounts are non-refundable. After the Initial Term, you may cancel this Agreement and your obligation to make further payments by any of the actions listed below and notice provided to JOHN REED at least one day prior to the next billing cycle. At the expiration of the then-current billing cycle, this Agreement and all rights for you to access JOHN REED will terminate, and no further billings will occur. Packages and prepaid services are not cancelable and are non-refundable unless otherwise provided in this Agreement.
To cancel you must: (1) deliver written notice in person to the enrolling facility (2) send written notice to: ATTN: Memberships, JOHN REED FITNESS TEXAS LLC, 8335 Westchester Drive, Suite 40, Dallas, Texas 75225 or (3) email notice to Dallas@johnreed.fitness or (4) in the JOHN REED member portal, as available or (5) cancel through the JOHN REED App, as available. Notice shall be accompanied by evidence of membership. If mailed, certified mail return receipt requested is recommended. Subject to applicable law, your account must be current and in good standing before cancellation requests under this section will be processed. Failure to use JOHN REED facilities or services shall not provide a basis for cancellation or refund unless otherwise specified in the NOTICE TO PURCHASER section of this Agreement.
Termination by JOHN REED. JOHN REED reserves the right to terminate your membership for any reason not prohibited by law. In the event JOHN REED terminates your membership, you will be refunded any unused prepaid dues.
- AUTHORITY TO MODIFY CONTRACT: Employees are not authorized to make any changes to this Agreement or to make any independent agreement with any member. You likewise cannot make alterations or changes to this Agreement.
- PERSONAL AND GROUP TRAINING, FITNESS ASSESSMENT SERVICES, AND SUPPLEMENTS: An active JOHN REED membership is required for you to access JOHN REED equipment, facilities, and services. Cancellation of your membership will result in cancellation of any services as of the effective date of termination. You understand that all recommended exercises and services are voluntary and you can refuse to participate in any/all of the recommended exercises or services. All Personal Training and packages are non-transferable and non-refundable. JOHN REED reserves the right to provide substitute trainers/coaches at its sole discretion. JOHN REED does not recommend or sponsor supplements and use of any are at your discretion. Speak with a doctor concerning supplements prior to taking them.
Cancellation Policies are available online at https://us.johnreed.fitness/. 24 hours’ notice of cancellation is required for Personal Training or the session will be forfeited. Personal Training sessions must be used before their expiration date. Sessions unused at expiration will be forfeited. You may cancel bookings for group fitness classes up to 3 hours prior to the start of class. Out of respect for other members, if you no-show or fail to cancel within the cancellation window on 3 or more occasions, JOHN REED reserves the right to suspend your ability to book a spot in advance for a period of 2 weeks and during that time period limit you to walk-in availability only. JOHN REED may amend and update its cancellation policies at its discretion by posting updates online.
- CONSENTS, WAIVERS OF LIABILITY, INDEMNIFICATION:
Explicit Music. You acknowledge that JOHN REED plays music with explicit lyrics and language, and your decision to join JOHN REED is completely voluntary. By signing the this Agreement, you consent to such music being played at the facility and agree to waive any action or complaints regarding such music or the contents thereof.
WAIVER OF LIABILITY: YOU ACKNOWLEDGE THAT THE USE OF JOHN REED’S FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE GYM, OR OFF-SITE), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST JOHN REED, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, AND GROUP EXERCISE, PERSONAL TRAINING, OR DIGITAL FITNESS SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY JOHN REED, (III) INJURIES ARISING FROM JOHN REED’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY JOHN REED, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY JOHN REED’S FACILITIES, INCLUDING LOCKER ROOMS, SAUNAS, RELAXATION ROOMS, SHOWERS, DRESSING ROOMS AND OFF-SITE LOCATIONS; AND (VI) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST JOHN REED, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP.
ASSUMPTION OF RISK AND INDEMNIFICATION (EQUIPMENT AND RETAIL PRODUCTS): You acknowledge that JOHN REED (i) does not manufacture fitness or other equipment at its facilities and (ii) does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities. Accordingly, neither JOHN REED nor any of its partners, parents, subsidiaries, or affiliates nor any of their respective officers, directors, employees, agents, successors or assigns (“Indemnified Parties”) shall be held liable for any such defective equipment or products. You shall indemnify the Indemnified Parties and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Parties as and when incurred for any losses which such Indemnified Parties may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive termination of your membership and this Agreement.
Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a completely filled-in copy of this Agreement. By signing this Agreement, you acknowledge that (A) this Agreement will become legally binding upon its acceptance by JOHN REED, and (B) JOHN REED makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and JOHN REED with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect to such subject matter.
By providing your contact information and signing this Agreement, you consent to being contacted about your membership and account by JOHN REED, its agents and related parties at the phone number and email provided to us.
BY SIGNING BELOW, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, I AGREE TO ALL TERMS, AND I HAVE A RECEIVED A COPY. I FURTHER CONSENT TO USE OF AN ELECTRONIC SIGNATURE TO RECORD MY AGREEMENT TO THE TERMS.