TERMS OF SERVICE

Monthly Membership Subscription Agreement

I understand that my membership at WildWood Athletic Club will automatically renew on the 1st of each month by debiting my bank account or charging my credit card/debit card, whichever I have chosen. To cancel a membership, a member must notify the club 5 business days prior to the end of the month and provide full payment for any dues or indebtedness incurred prior to the cancellation date. Refunds will not be issued after automatic payment has occurred. I understand that I may opt out of automatic payments, but that I am therefore responsible for making monthly payments, including any late fees that may be incurred.

Week Membership Agreement

I understand that my week membership begins on the date of application (day 1) and includes 7 total membership days before automatically terminating.

Automatic EFT Agreement

I understand that EFT includes a debit of the member’s bank account in the amount equal to the dues for one month’s membership. The debit of this account will occur automatically on the 1st day of the month until notification of cancellation is received 5 business days prior to the end of the month. I understand that cancellations and refunds will not be issued thereafter. I hereby authorize WildWood Athletic Club (Gregg, Inc.) to effect payment for membership monthly for the duration of this agreement through electronic funds transfer. If WildWood Athletic Club is unable to debit my account at the set dates, a suspension of my membership privileges may occur, and/or a bank fee may be incurred. In the event that collection efforts are required to obtain payment on my account, I agree to pay all costs incurred in collection (attorney fee, court costs, etc.).

Automatic Credit Card Agreement

I understand that automatic credit card payment includes a charge of the member’s credit card in the amount equal to the dues for one month’s membership. The charge of this credit card will occur automatically on the 1st day of the month until notification of cancellation is received 5 business days prior to the end of the month.  I understand that cancellations and refunds will not be issued thereafter. I understand that my information will be saved to file for future transactions on my account. I understand that a 4.2% service fee will be added to my regular monthly membership rate. I hereby authorize WildWood Athletic Club (Gregg, Inc.) to effect payment for membership monthly for the duration of this agreement through automatic credit card transactions. If WildWood Athletic Club is unable to make the credit card transaction at the set dates, a suspension of my membership privileges may occur, and/or an additional fee may be incurred. In the event that collection efforts are required to obtain payment on my account, I agree to pay all costs incurred in collection (attorney fee, court costs, etc.).

Corporate Agreement

I am currently an employee of a business that holds a corporate agreement with WildWood Athletic Club or I am a dependent of an employee who has a current corporate membership at WildWood Athletic Club. A dependent is defined as a spouse or dependent child 12-22 years old of an employee. I agree to pay any fees or dues which are not paid by the corporate business on my behalf.

Policies, Procedures, & Member Warranties: The policies, procedures & member warranties remain in effect for the duration of membership.

ARTICLE ONE – MEMBERSHIP

Section 1. Provisions. Any person of good character and legal age is eligible for membership in The WildWood Athletic Club. Membership will not be denied on the basis of race, color, creed, sex, religion, or national origin.

Section 2. Classification of Members. An individual must be at least 12 years of age prior to application to be eligible for membership. Appropriate proof of eligibility may be required.

Section 3. Facility Operating Schedule. Management has full authority to set the hours and days of operation and reservation policy for the facility.

Section 4. Corporate dues only apply once documented proof is provided—at least 10 days before the first EFT date.

ARTICLE TWO – SUSPENSION AND EXPULSION

Section 1. Suspension. Any member who is in arrears on his account to the club may have all privileges suspended without notice by the management until such accounts are paid in full.

Section 2. No member may allow another individual(s) to use his/her access card. Membership is non-transferable to another person.

Section 3. No member may allow another individual(s) to enter the WildWood Athletic Club without an active access card and/or membership.

Section 4. Expulsion. The membership may be canceled by the management in the event of a violation of any Policies, Procedures, House Rules, or any conduct that the management considers prejudicial to the welfare, good order, and character of the club.

Section 5. Member Liability. Suspension or expulsion shall not relieve the member of his liability to pay in full the balance due on this contract.

ARTICLE THREE – MEMBERSHIP RENEWAL/MEMBERSHIP TERMINATION

Section 1. The terms of membership are for the period of time beginning as stated on the front of this agreement. As long as a member is in good standing and the dues are kept current, the membership will continue to renew automatically via the payment method chosen by a member on a month-to-month basis.

Section 2. A lapse/cancellation in membership will cause the member to pay a reactivation fee and any back dues owed in order to rejoin the club.

Section 3. To cancel a membership, a member must notify the club 5 business days prior to the end of the month and provide full payment for any dues or indebtedness incurred prior to the cancellation date. Refunds will not be issued after automatic payment has occurred.

ARTICLE FOUR – HEALTH WARRANTY

Section 1. The member warrants and represents that the member, or any family member or guest, entitled to use the facilities of the club under the terms of the membership has no disability, impairment, or ailment preventing such person from engaging in active or passive exercise or activity that will be detrimental or inimical to such person’s health, safety or physical condition if such person does so engage or participate.

Section 2. The member acknowledges and agrees (1) that the club will rely on the foregoing warranty in issuing the membership, (2) that the club shall have no obligation to perform fitness assessment or similar testing to determine the member’s physical condition, (3) that any assessment or testing performed by the club is solely or the purpose of providing comparative data with which the member can chart the member’s progress in a program and is not for diagnostic purpose and (4) that the club shall not be subject to any claim, demand, or injury whatsoever on account of the club’s evaluation or assessment. Each member should be aware of his medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing.

ARTICLE FIVE – LIABILITY AND WAIVER OF LIABILITY

Section 1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.

Section 2. I knowingly and freely assume all such risks, both known and unknown, even if they arise from the negligence of the releases or others, and assume total responsibility for my participation.

Section 3. I willingly agree to comply with the terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

Section 4. I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, indemnify, and hold harmless Gregg, Inc. Wildwood Athletic Club, its officials, agents and/or employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (releases), from any and all claims, demands, losses, and liability arising out of or related to any injury,  disability or death I may suffer, or loss of damage to person or property. Whether arising from the negligence of the releases or otherwise, to the fullest extent permitted by law.

Section 5. I authorize Wildwood Athletic Club to use images of any individual on my contract to be used in print and media for advertising purposes.

ARTICLE SIX – CLUB REGULATIONS

Section 1. All members using the facilities must present their membership card and shall abide by club reservation policies. A $10.00 fee will be charged for replacement of lost cards.

Section 2. All members are expected to wear proper attire when using the club; used athletic attire shall not be left in the club overnight.

Section 3. Members shall give written notice of any change of address; failing such notice, communications shall be presumed received within 5 days after mailing.

Section 4. Damage to the club’s property shall be paid for by any member who willfully or neglectfully causes such damage. Members are responsible for damage incurred by dependent children or guests.

Section 5. Billing Procedures. Accounts will be drafted through a checking/savings bank account or credit/debit card on file. A $25.00 charge to the member will be assessed for any returned item due to a closed account, insufficient funds, etc. A $10.00 reactivation fee will be assessed for payments more than seven (7) days late.

Section 6. On all questions concerning the construction of these house rules, the decision of the management shall be final.

Section 7. There will be no smoking in any part of the facility by any person.

Section 8. The club is not responsible for lost or stolen items while members or guests are using the facility; please bring and use a lock to secure your valuables in a locker.

Section 9. All members use club facilities and services at their own risk. Consult your physician prior to engaging in any exercise.

ARTICLE SEVEN – MUTUAL AGREEMENTS MEMBER UNDERSTANDS AND AGREES

Section 1. To be bound by the Policies and Procedures of Wildwood Athletic Club.

Section 2. Dues may increase at the beginning of any renewal term. You will be notified in writing 30 days prior to any increase in dues.

Section 3. Dues are to be paid through one of the club’s approved payment plans. Termination of an approved payment plan does not relieve the member of his liability to pay in full the dues owed to the club.

Section 4. All memberships are non-assessable, non-voting, and non-proprietary.

Section 5. The member confirms that he/she has received and read a copy of this Membership Application & Agreement, front and back, and understands and agrees to their terms and conditions.

Section 6. Specific facilities included in a membership purchase at Wildwood Athletic Club include fitness and cardiovascular equipment, group exercise studios, and classes. Locker rooms are also available. However, the club and these facilities may be unavailable during periods of necessary repairs and maintenance, or special events, programs, or private parties that from time to time may cause management to schedule certain areas for these uses.

Section 7. That the member shall be entitled to all rights and privileges due a member in good standing under the Policies and Procedures as they now exist and as may from time to time be amended or supplemented.

ARTICLE EIGHT – NOTICE OF CONSUMER RIGHTS

Section 1. Our business registration number with the State’s Consumer Protection Division is E3523.

Section 2. We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months’ payment in advance or charge initiation fees over $200.

Section 3. If the entire club is closed for a month or more, the member is entitled to his/her choice of either an extension of the contract or a prorated refund, except if the closing is not the fault of the club, in which case the choice of remedy is the club’s.

Section 4. Members have the right to cancel their membership agreement within three business days after receipt of this contract and receive a full refund. Cancellation must be in writing and delivered in person or by certified or registered mail and postmarked by midnight of the third business day.

Section 5. If the member becomes disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, the member is entitled to an extension of the membership. Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so we are not holding more than three months’ payment in advance. Extensions are not retroactive and begin only upon receipt of physician confirmation.