PARTIES; DEFINITIONS-Subject to the terms of this CGI Holistic Fitness Membership Agreement (“Agreement”), the undersigned (“Buyer”) agrees to purchase from CGl, Inc. (“Seller”), and Seller agrees to sell to Buyer, the services as set forth in the Purchase Detail section. The term “Activities” means the services purchased under this Agreement as described in the Purchase Detail section and/or other related activities. The term “CGI” includes Seller, its affiliates, subsidiaries, business licensors, persons or entities that referred Buyer to Seller, persons or entities to whom Seller referred or will refer Buyer, persons or entities allegedly controlling or acting in concert with Seller, persons or entities participating in the delivery of the Activities, owners or creators of any training methods or intellectual property used for the Activities or by Seller and owners or lessors of the facilities (“Facilities”) used for the Activities and their respective employees, agents, principals, contractors, managers, officers, directors, founders, shareholders, successors and assigns.
NOTICE TO CUSTOMER
(a) You (Buyer) are entitled to a copy of this Agreement at the time you sign it. You may cancel this Agreement at any time before midnight of the third operating day after receiving a copy of this Agreement. If you choose to cancel this Agreement, you must either send a signed and dated written notice of cancellation by registered or certified mail, return receipt requested; or personally deliver a signed and dated written notice of cancellation to: CGI Holistic Fitness, 111 Homans Ave., Closter, NJ 07624. If you cancel this Agreement within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice. ‘Operating day’ means any calendar day on which patrons may inspect and use Seller’s facilities and services during a period of at least eight hours, except holidays and Sundays.
(b) If CGI Holistic Fitness is closed for more than 30 days through no fault of you, you are entitled to either extend this Agreement for a period equal to that during which CGI Holistic Fitness is closed or to receive a prorated refund of the amount paid by you hereunder.
(c) You may cancel this Agreement if you move your permanent residence to a location that has no CGI Holistic Fitness or affiliated center offering the same or similar services and facilities at no additional expense to you within a 25 mile radius. You must provide written evidence of your move. In a cancellation under this subsection, Seller may retain a prorated share of the total Agreement price based upon the date the notice of cancellation was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total Agreement price.
(d) You may cancel this Agreement if you die or become permanently disabled. Permanent disability must be confirmed by a physician. In a cancellation under this subsection, Seller may retain the portion of the total Agreement price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total Agreement price.
(6) A bond is filed with Department of Law and Public Safety, Director of the Division of Consumer Affairs to protect buyers who are damaged or suffer any loss by reason of breach of contract or bankruptcy by Seller.
Buyer, by signing below, acknowledges that he/she has carefully read this entire Agreement, including the terms on the reverse side.
ARBITRATION-Any claim or dispute arising out of, or relating in any way to, this Agreement, the products and/or services provided by CGl or the relationship between Buyer and CGI except for small claims court cases that qualify (“Dispute“) shall be resolved by final and binding arbitration, rather than in court. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any claims or disagreements relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, the arbitrability of any Dispute and any claim that all or any part of this Agreement is invalid, void or voidable. There is no judge or jury in arbitration. However, an arbitrator can award the same damages and relief as a court. Buyer and Seller agree that any arbitration, lawsuit or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective or private attorney general action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution provision. If for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial. The arbitration process may be initiated by either party upon written notice sent to the other by certified mail. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (“AAA Rules”). The arbitration will be conducted by a single, neutral arbitrator and will take place in Bergen County, NJ. For claims of $10,000 or less, Buyer can choose whether the arbitration is carried out based only on written submissions, by a hearing in-person or by phone. The AAA Rules are available at www.adr.org or 1-800-778-7879. The arbitrator shall be bound by the terms of this Agreement. Except as may be permitted or required by law, neither Buyer, Seller nor the arbitrator may disclose the existence, content, or results of the arbitration without the prior written consent of all parties to the arbitration. Nothing from the arbitration may be introduced in any form in future arbitrations, court actions or any other proceedings except to enforce the arbitration award. Either Buyer or Seller has the right to seek relief in the appropriate court to prevent any actual or threatened breach of this confidentiality provision. Each party shall bear his, her or its own attorneys’ fees and costs. The AAA Rules will govern payment of all filing, administration and arbitrator fees. Seller will reimburse the filing, administration and arbitrator fees incurred by Buyer for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If the arbitrator or a court determines that any part of the dispute is not subject to arbitration, the parties agree and stipulate that the part of the dispute not subject to arbitration shall be stayed pending resolution of the arbitration.
WAIVER AND RELEASE-Buyer hereby forever and expressly releases CGI from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that he/she may suffer from or in connection with the Activities or his/her use of the Facilities, including any injury or harm to him/her, or loss or theft of or damage to his/her property, whether or not such injury, harm, loss or theft was caused by negligence, carelessness or any other cause. This release includes, without limitation, injuries that may be a result of (a) malfunction or break of improper maintenance of the Facilities, (b) negligent instruction or supervision, and (c) Buyer’s slipping on CGI’s premises.
ASSUMPTION OF RISKS-Buyer understands that the Activities may range from vigorous cardiovascular activities to the strenuous exertion of strength training, and that these and other physical activities at the Facilities involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks, and injury to bones, joints, or muscles. Buyer is voluntarily participating in the Activities with knowledge of the dangers involved and hereby agrees to assume any and all inherent risks of property damage, personal injury, or death.
NO MEDlCAL SERVlCES OR ADVICE-Buyer should consult with his/her physician before using CGl‘s services and facilities. Buyer understands and acknowledges that CGI have no expertise in diagnosing, examining, or treating any medical condition. Buyer agrees that he/she will not use the Facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of him/her or others, public health requirements. It is Buyer’s responsibility to consult with his/her physician to determine if any of these medical conditions exists. Seller reserve the right to make the final determination in this regard.
PHYSICAL TOUCHING-During the Activities, CGI‘s instructors/employees may need to touch Buyer. By signing here, Buyer consents to such touching.
RENEWAL-Buyer has 30 calendar days from the end date of this Agreement to renew his/her membership WITHOUT incurring an initiation fee. If Buyer renews the membership after 30 calendar days, an initiation fee will be charged.
EXPIRATION-All service packages including but not limited to gym, swimming, massage, or healing sessions and daily passes become null and void if the membership expires/terminates for any reason.
ASSIGNMENT OF MEMBERSHIP-Buyer may not sell, assign, or transfer this Agreement, his/her membership card or membership and any such attempted sale, assignment or transfer shall be null and void.
DEFAULT-Buyer will be in default if he/she breaches any of the terms and conditions of this Agreement. If Buyer is in default, his/her membership privileges may be denied. Acceptance of any payment after default will not release Buyer from any obligations under this Agreement. Should suit be brought to collect the amount Buyer still owes, he she agrees to pay any court costs and reasonable lawyer’s fees.
RESERVATION OF RIGHTS-Seller reserves the right at any time to close any of the Facilities or alter the hours of operation, and the right to amend the cost of, add, modify and/or eliminate any service at Seller’s sole discretion.
MEMBERSHIP RULES AND REGULATIONS-Seller reserves the right to revoke or suspend Buyer’s membership, without refund, if Buyer or his/her guest fails to follow any rules and regulations, for reasons of nuisance, disturbance of other members, moral turpitude or fraud, or if Seller determines that Buyer’s actions may endanger Buyer or other persons. If Buyer‘s membership is suspended, obligations to make payments hereunder continues as scheduled.
DISHONORED CHECK-Buyer agrees to pay a $40.00 fee or the maximum amount permitted by law (if lower) for any returned check or other item.
LOST MEMBERSHIP CARD-If Buyer claims that his/her membership card or locker key is lost, stolen or destroyed, Seller may require Buyer to sign an affidavit setting forth the relevant circumstances and to pay a $10 service fee before issuing a replacement card.
INDEPENDENT CONTRACTORS-From time to time, Seller may make available to Buyer and his her guests the services of independent contractors. Seller does not warrant or guarantee the quality of these services or that these services will remain available to Buyer or his/her guests for any period of time.
PAYMENT PLANS-An active credit card must be provided at the time this Agreement has been made. This credit card may be billed for any unpaid dues. Buyer agrees to remit payment of any fees in full and in timely manner as represented by the Payment Plan section on the previous page. Should Buyer fails to remit payment within 5 days of the designated due date, a late penalty fee of $10 will be charged to his/her account. Should Buyer fails to remit payment wiithin 30 days of the designated due date, Seller may revoke Buyer‘s membership and forward all unpaid dues to a collection agency with an additional charge of 25% to be collected.
MEMBERSHIP HOLD-Buyer may place his/her membership on hold for MEDICAL REASONS ONLY. All medical holds must be for a MINIMUM OF ONE MONTH and the hold period in any Agreement year may not exceed THREE MONTHS. Buyer will be asked to provide a doctor‘s note verifying Buyer’s medical condition and complete inactive/hold forms. All balances on Buyer’s account for maintenance of the membership while it is inactive shall be paid. Should a medical hold be necessary within one month of Buyer‘s renewal date, the hold will be granted only if Buyer renew this Agreement for the coming year. Should Buyer’s medical hold extend beyond three months, his her membership will continue in full force until he/she return. During the hold period, all service benefits including daily passes will become null and void. AII holds must be approved in writing by Seller. Seller may refuse any hold period for any member based on past history of abuse of any of membership policies.
MISCELLANEOUS-Buyer acknowledges that neither CGI nor anyone else made any representations for promises upon which Buyer relied that are not stated in this Agreement. This Agreement contains the entire agreement between Seller and Buyer and replaces any oral or other written contract or representations. If any provision of this Agreement or its application is invalid or unenforceable, the remainder of this Agreement will not be impaired or affected and will remain binding and enforceable. If Seller does not enforce any right in this Agreement for any reason, it does not waive its right to enforce later.