Gym Quotation Contract
Gym Quotation Contract
This Gym Quotation Contract ("Contract") is made and entered into as of [Date], by and between [Your Company Name], a [State] corporation with its principal place of business located at [Your Company Address] ("Gym"), and [Client's Name], an individual/corporation with a principal place of business/residence at [Client's Address] ("Client").
RECITALS
WHEREAS, the Gym is in the business of providing fitness and health services, including but not limited to gym memberships, personal training, group classes, and other related services;
WHEREAS, the Client desires to purchase certain services from the Gym as outlined in this Contract;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Services and Fees
1.1 Services
The Gym agrees to provide the following services to the Client:
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Gym Membership: Access to all gym facilities and equipment.
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Personal Training Sessions: One-on-one training sessions with a certified personal trainer.
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Group Classes: Participation in group fitness classes offered by the Gym.
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Other Services: Any additional services as requested by the Client and agreed upon by both parties.
1.2 Fees
The Client agrees to pay the Gym the following fees for the services provided:
|
Service |
Fee ($) |
|---|---|
|
Gym Membership (Monthly) |
$50 per month |
|
Personal Training Session |
$70 per session |
|
Group Classes (Monthly) |
$30 per month |
|
Other Services |
$20 per service |
1.3 Payment Terms
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Due Date: Payments are due on the [first/last] day of each month.
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Late Payments: Payments not received within five (5) days of the due date will incur a late fee of $[Late Fee Amount].
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Method of Payment: Payments shall be made by credit card, debit card, electronic funds transfer (EFT), or any other method agreed upon by the parties.
2. Term and Termination
2.1 Term
This Contract shall commence on the date first written above and shall continue on a month-to-month basis unless terminated as provided herein.
2.2 Termination by Client
The Client may terminate this Contract at any time by providing thirty (30) days' written notice to the Gym. The Client shall be responsible for payment of all fees due up to the effective date of termination.
2.3 Termination by Gym
The Gym may terminate this Contract for any of the following reasons:
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Non-payment of fees by the Client;
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Violation of Gym rules and policies by the Client;
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Conduct by the Client deemed harmful or dangerous to other members or staff.
In the event of termination by the Gym, the Client shall be responsible for payment of all fees due up to the date of termination.
2.4 Refund Policy
Membership fees are non-refundable except in the case of termination by the Gym without cause. Any prorated refund for prepaid services will be calculated based on the remaining portion of the term.
3. Client Obligations
3.1 Compliance with Gym Rules
The Client agrees to comply with all rules and policies established by the Gym. The Gym reserves the right to update these rules and policies as needed.
3.2 Use of Facilities
The Client agrees to use the Gym's facilities and equipment in a safe and responsible manner. The Client shall be responsible for any damage caused to the Gym's property due to misuse or negligence.
3.3 Health and Safety
The Client represents and warrants that they are in good health and have no medical condition that would prevent them from safely using the Gym's facilities and participating in its programs. The Client agrees to notify the Gym of any changes in their health status that may affect their ability to safely use the Gym's services.
4. Gym Obligations
4.1 Provision of Services
The Gym agrees to provide the services described in Section 1.1 in a professional and competent manner.
4.2 Maintenance of Facilities
The Gym agrees to maintain its facilities and equipment in good working order and to take reasonable measures to ensure the safety and cleanliness of the gym environment.
4.3 Qualified Staff
The Gym agrees to employ qualified and certified staff to provide personal training, group classes, and other fitness services.
5. Confidentiality and Privacy
5.1 Confidential Information
The Gym agrees to keep confidential all personal and health information provided by the Client. This information will be used solely for the purpose of providing the agreed-upon services.
5.2 Privacy Policy
The Gym's privacy policy, as provided to the Client, outlines the measures taken to protect the Client's personal information. The Client agrees to review and accept the terms of this policy.
6. Liability and Indemnification
6.1 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.
6.2 Waiver of Liability
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.
6.3 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 Contract.
7. Dispute Resolution
7.1 Mediation
In the event of a dispute arising out of or relating to this Contract, the parties agree to first attempt to resolve the dispute through mediation, conducted by a mediator mutually agreed upon by the parties.
7.2 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.
8. Governing Law
This Contract 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 Contract shall be resolved in the courts of [County], [State].
9. Amendments
This Contract 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.
10. Entire Agreement
This Contract 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.
11. Severability
If any provision of this Contract is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
12. Notices
All notices required or permitted under this Contract 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]
13. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Contract 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.
14. Counterparts
This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
15. Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written, acknowledging that they have read and understood this Contract and agree to be bound by its terms and conditions.
Gym:
[Your Name]
[Your Company Name]
[Your Title]
[Date]
Client:
[Client's Name]
[Client's Signature]
[Date]
