From time to time the terms and conditions of the Jersey Strong Membership Agreement are modified or amended retroactive to the date your Membership commenced. Below are the current, effective terms and conditions of Membership.
MEMBERSHIP AGREEMENT PRIVILEGES AND POLICIES
1. NOTICE TO CUSTOMER: You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract you must either: (1) Send a signed and dated written notice of cancellation by registered or certified mail, return receipt re- quested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or (2) Personally deliver a signed and dated written notice of cancellation to the Jersey Strong location listed on the front of this Agreement. If you cancel this contract 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 a 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 to the health club. “Operating day” means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.
2. This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or personally delivered, to the Jersey Strong location listed on the front of this Agreement, upon the Member’s death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation based on death or permanent disability, Jersey Strong shall retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
3. This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or personally delivered, to the Jersey Strong location listed on the front of this Agreement, upon the Member’s change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the Member. In a cancellation based on change of permanent residence to a location more than 25 miles from the club or an affiliated health club, Jersey Strong shall require proof of the new permanent residence and shall retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
4. You may request that your membership be “Frozen” and Jersey Strong may allow the “Freeze”. When permitted, memberships may be Frozen for a period of no less than one month. The Monthly Dues during the Freeze period shall be $9.99. A Student Member may Freeze at a rate of $4.99 per month by providing a copy of their valid Student ID to Jersey Strong. The Initial Term shall be extended by the duration of the Freeze period. Any Freeze shall become effective on the 1st day of the month after the Freeze request is submitted and approved.
5. A default occurs when any payment due under this agreement is more than ten days past due. Should any monthly payment become more than ten days past due, You will be charged a late fee of $9.50. Jersey Strong reserves the right to suspend or cancel Your membership privileges and send the matter to collections and/or a collections attorney.
6. If the club facility is closed for a period longer than 30 days through no fault of the Member, the Member is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the Member under the contract. If the health club facility is not in existence on the date this contract is executed, you may cancel the contract if the facility is not open for business on the Billing Start Date and you may receive a full refund of any deposit or payment on this contract.
7. Jersey Strong maintains a bond or other security with the director of the Division of Consumer Affairs to protect buyers of these con- tracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by Jersey Strong. In the event that You suffer any loss by reason of breach of contract or bankruptcy by Jersey Strong, please contact: Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer, Regulated Business Section, P.O. Box 45028, Newark, New Jersey 07101, (973) 504-6370.
8. This contract does not obligate the Member for more than three years from the date the contract is signed by the Member. You are not obligated to renew this contract after the initial membership term, and You may cancel as set forth herein.
9. Member’s failure to make use of the facilities or other privileges shall not relieve the Member of the financial obligations under this Agreement.
10. If the Member is less than 18 years old, then the Agreement shall be signed by his/her adult parent or guardian as Purchaser, who shall be liable for payment of all financial and other obligations under this contract.
11. Members shall obey all posted rules, regulations and policies regarding operation, management or use of the club facilities and programming. In the sole and absolute discretion of Jersey Strong, violation of the rules, regulations and policies may result in eviction from the premises and/or suspension and/or termination of membership privileges. Jersey Strong also may terminate this Agreement in its sole and absolute discretion at any time after expiration of the Initial Term by giving at least 15 days written notice in advance of your next billing date. Member shall be responsible for damages caused by his/her careless use of equipment or facilities. Please use a towel and wipe down all equipment after use; all weights must be racked when you are finished using them; weights are not to be dropped; no loud or inappropriate behavior; solicitation without the consent of Jersey Strong is prohibited.
12. At any time during the continuance of this contract, Jersey Strong shall have the right to sell, assign, transfer, and set over this contract with all its right, title, and interest therein, to any person, rm, or corporation, or other business entity, without Your consent, and the as- signee thereof shall acquire all the rights granted to Jersey Strong and shall be subject to any obligations that Jersey Strong may have under this contract. You shall not assign this contract in whole or in part without the written consent of Jersey Strong. Jersey Strong’s facilities, equipment, policies, agreement terms, and services may be added, changed, subject to additional costs, rescheduled or discontinued in whole or in part from time to time, at the sole discretion of Jersey Strong, with or without notice.
13. It is the policy of Jersey Strong that personal training and coaching may only be performed by employees of Jersey Strong and not by guests and/or members. Jersey Strong guests and Jersey Strong members may only spot for and encourage other Jersey Strong guests and Jersey Strong members while they are on Jersey Strong premises for the sole purpose of personal exercise. Jersey Strong guests and Jersey Strong members may not enter into any agreements, with or without compensation, to provide coaching and/or personal training on the premises of Jersey Strong. A violation of this policy shall result in the termination of membership.
14. Group Classes and XLab Classes have limited attendance which is permitted on a first come, first served basis. Advance registration is recommended. Group Class and XLab Classs schedules, instructors and trainers may change from time to time, with or without notice, at the sole discretion of Jersey Strong.
15. Upon entering Jersey Strong, You and Your Guests are required to check in at our front desk before using any Jersey Strong facilities, and must present valid driver’s license, membership identification number, barcode or keytag. Jersey Strong reserves the right to remove any articles left in a locker overnight and shall not be liable for locker contents. You are urged to avoid bringing valuables into the facility. Jersey Strong, its agents, representatives, employees, members, stockholders, directors, and officers (collectively as the “Jersey Strong Parties”) shall not be liable for the loss, theft or damage to Your or Your Guests’, personal property and You agree to hold the Jersey Strong Parties harmless from any and all liability, claims, lawsuits or damages associated with the loss, theft and dam- age to Your personal property or that of Yours Guests. Members who are not wearing appropriate (proper) attire will be asked to leave. Jersey Strong prohibits jeans, work boots, non-rubber soled shoes, khaki pants and shorts, and swimming trunks. Behavior deemed inappropriate will be just cause for membership privileges termination with no refund.
16. Jersey Strong urges all Members and Guests to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, You hereby knowingly and voluntarily waive any right or cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to the Jersey Strong Parties. You hereby warrant and represent that You have no disability, impairment or ailment preventing You from engaging in any form of exercise or activity that will be detrimental to Your health or safety.
17. By signing this Agreement, You hereby expressly consent to receive collections and other communications from or on behalf of Jersey Strong via, for example, and not limited to, telephone, mobile phone, text messaging, email, mail or any other medium as it may become available. You further expressly consent to receive autodialed and pre-recorded telemarketing calls from or on behalf of Jersey Strong at the telephone number provided in this contract, and any that You may subsequently provide, including Your mobile phone number, if applicable. You understand that consent is not a condition of purchase. This provision shall survive the termination of this contract.
18. WAIVER AND RELEASE OF LIABILITY. YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE THE JERSEY STRONG PARTIES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF JERSEY STRONG, ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT A WAIVER AND RELEASE PROVIDED BY A SINGLE JERSEY STRONG LOCATION SHALL HAVE EQUAL FORCE AND EFFECT AS A WAIVER, RELEASE AND DISCHARGE OF ANY AND ALL CLAIMS FOR INJURY, LOSS OF PROPERTY OR PROPERTY DAMAGE YOU SUSTAIN AT JERSEY STRONG, OR ANY OTHER JERSEY STRONG LOCATION IN THE STATE OF NEW JERSEY. You have read and fully understand this Waiver and Release of Liability. You understand that You have given up substantial rights by signing it, understand that this release cannot be modi ed orally, and You are fully aware of this Waiver and Release of Liability’s legal consequences as a full release of liability for Injury, loss of property and/or property damage. You acknowledge and agree to be bound by this Waiver and Release of Li- ability freely and voluntarily without any inducement, assurance, or guarantee being made to You by JERSEY STRONG and/ or any person or entity on its behalf. You intend that Your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of New Jersey.
19. BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. DISPUTE: As used in this contract, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between You and Jersey Strong concerning this contract, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. INFORMAL NEGOTIATION OF DISPUTES: You and Jersey Strong agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless You and Jersey Strong otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which You or Jersey Strong mails a notice of the Dispute (“Notice of Dispute”) as specifed below. You and Jersey Strong agree that neither will commence arbitration before the end of the time for informal negotiation. NOTICE OF DISPUTE: If You give a Notice of Dispute to Jersey Strong, You must send by certi ed mail to Jersey Strong, Attn: Notice of Dispute, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719 (a) Your name, address, and contact information, (b) the facts giving rise to the Dispute, and (c) the relief You seek. BINDING ARBITRATION: You and Jersey Strong agree that in the event the any Dispute is not resolved by informal negotiation as set forth above, any effort to resolve the Dispute will be conducted exclusively by binding arbitration. You understand and acknowledge that by agreeing to binding arbitration, You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, You understand and agree that all Disputes will be resolved before a neutral arbitrator, whose award (decision) will be binding and nal, except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. CLASS ACTION WAIVER. You and Jersey Strong agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither You nor Jersey Strong will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You or Jersey Strong acts or proposes to act in a representative capacity. You and Jersey Strong further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of You, Jersey Strong, and all parties to any such arbitration or proceeding. The above provisions shall survive termination of this Agreement.
20. This contract shall be governed by the laws of the State of New Jersey. The Superior Court of the State of New Jersey shall have jurisdiction over any dispute which arises under this contract, and You submit and hereby consent to such court’s exercise of jurisdiction. In any successful action by the facility to enforce this contract, Jersey Strong shall be entitled to recover its reasonable attorney’s fees and expenses incurred in such action.