Free Gym Payment Agreement Template
Gym Payment Agreement
This Gym Payment Agreement ("Agreement") is made and entered into as of [Date], by and between [Your Company Name] ("Gym"), located at [Your Company Address], and [Client's Name] ("Client"), residing at [Client's Address].
1. Introduction
This Agreement outlines the terms and conditions governing the payment for gym membership and services provided by [Your Company Name]. It ensures clarity and mutual understanding between the Gym and the Client regarding membership fees, payment schedules, cancellation policies, and other financial obligations.
2. Membership Fees
2.1. Membership Plans
The Gym offers various membership plans to accommodate the diverse needs of its clients. The membership plans are as follows:
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Monthly Membership: $[Amount] per month
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Quarterly Membership: $[Amount] per quarter
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Annual Membership: $[Amount] per year
2.2. Payment Due Date
The membership fee is due on the [first/last] day of each billing cycle, corresponding to the membership plan selected by the Client.
2.3. Late Payments
Payments not received within five (5) days of the due date will incur a late fee of $[Late Fee Amount]. The Gym reserves the right to suspend or terminate the Client’s membership if payment is not received within thirty (30) days of the due date.
3. Payment Methods
3.1. Accepted Payment Methods
The Gym accepts the following payment methods:
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Credit Card (Visa, MasterCard, American Express)
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Debit Card
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Electronic Funds Transfer (EFT)
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Cash
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Check
3.2. Authorization
By providing payment information, the Client authorizes the Gym to charge the specified payment method for the amount indicated in the membership plan selected. For recurring payments, the Client authorizes the Gym to charge the payment method on a recurring basis until the membership is terminated in accordance with this Agreement.
4. Cancellation and Termination
4.1. Client Cancellation
The Client may cancel their membership at any time by providing written notice to the Gym at least thirty (30) days prior to the desired cancellation date. The Client will be responsible for any fees due within the thirty (30) day notice period.
4.2. Gym Termination
The Gym reserves the right to terminate the Client’s membership for any of the following reasons:
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Non-payment of fees
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Violation of Gym rules and policies
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Conduct deemed harmful or dangerous to other members or staff
In the event of termination by the Gym, the Client will be responsible for payment of all fees due up to the date of termination.
4.3. Refunds
Membership fees are non-refundable except in the case of termination by the Gym without cause or if otherwise specified in this Agreement. Any prorated refund for annual memberships will be calculated based on the number of full months remaining in the membership term.
5. Suspension of Membership
5.1. Voluntary Suspension
The Client may request a temporary suspension of their membership for reasons such as travel, illness, or injury. Requests for suspension must be submitted in writing and are subject to approval by the Gym. Suspension can be granted for a period of up to three (3) months.
5.2. Fees During Suspension
During the suspension period, the Client will be charged a reduced fee of $[Suspension Fee Amount] per month. Regular membership fees will resume once the suspension period ends.
6. Changes to Membership Fees
The Gym reserves the right to change membership fees at any time. Members will be notified in writing at least thirty (30) days in advance of any fee changes. Changes will take effect on the next billing cycle following the notice period.
7. Use of Gym Facilities
7.1. Access
Membership entitles the Client to use the Gym’s facilities during normal operating hours. Special programs, classes, or services may require additional fees.
7.2. Conduct
The Client agrees to adhere to the Gym’s rules and policies at all times. The Gym reserves the right to update these rules and policies as needed.
7.3. Personal Belongings
The Gym is not responsible for the loss or theft of personal belongings. The Client is advised to use the provided lockers for storing personal items.
8. Waiver and Release of Liability
8.1. Assumption of Risk
The Client acknowledges that participation in gym activities carries inherent risks, including but not limited to physical injury, death, or property damage. The Client voluntarily assumes all such risks associated with the use of the Gym’s facilities and services.
8.2. Waiver
The Client agrees to waive, release, and discharge the Gym, its owners, officers, employees, and agents from any and all claims, demands, or causes of action arising out of the Client’s use of the Gym’s facilities and services, except for claims arising from the gross negligence or willful misconduct of the Gym.
9. Indemnification
The Client agrees to indemnify and hold harmless the Gym, its owners, officers, employees, and agents from any and all liabilities, claims, damages, and expenses (including attorney’s fees) arising from the Client’s use of the Gym’s facilities and services or the Client’s violation of this Agreement.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be resolved in the courts of [County], [State].
11. Amendments
This Agreement may be amended only by a written document signed by both the Gym and the Client. Any amendments must be approved by authorized representatives of both parties.
12. Entire Agreement
This Agreement constitutes the entire agreement between the Gym and the Client regarding the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether oral or written.
13. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
14. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent by certified mail, return receipt requested, or by a recognized overnight delivery service to the addresses set forth below or such other addresses as may be designated by either party in writing.
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Gym: [Your Company Name] [Your Company Address] [Your Company Email]
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Client: [Client's Name] [Client's Address] [Client's Email]
15. Dispute Resolution
15.1. Mediation
In the event of a dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation, conducted by a mediator mutually agreed upon by the parties.
15.2. Arbitration
If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding on both parties.
16. Confidentiality
The Client agrees to keep confidential all proprietary information, knowledge, and materials acquired during the course of their membership and use of the Gym’s facilities. This includes, but is not limited to, business practices, pricing strategies, and member information.
17. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond their reasonable control, including but not limited to acts of God, war, strikes, labor disputes, government regulations, or other force majeure events.
18. Signatures
By signing below, both parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms and conditions.
Gym:
[Your Name]
[Your Company Name]
[Your Title]
[Date]
Client:
[Client's Name]
[Date]
Exhibit A: Membership Plans and Fees
Membership Plan |
Fee |
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Monthly Membership |
$[Amount]/month |
Quarterly Membership |
$[Amount]/quarter |
Annual Membership |
$[Amount]/year |
Exhibit B: Additional Fees
Description |
Fee |
---|---|
Late Payment Fee |
$[Late Fee Amount] |
Suspension Fee |
$[Suspension Fee Amount]/month |