DEFINED TERMS. In this agreement: (1) “Club” and “Mesh Fitness” refer to Mesh Fitness Dublin, LLC; (2) “Facilities” refers to the Mesh Fitness facility located at 6678 Riverside Drive, Dublin, Ohio 43017, and the facilities, property and equipment located therein; and (3) “I” and “Member” refers to the individual obtaining a Club membership whose name and signature appear on this agreement.
MISSION STATEMENT. Mesh Fitness lives and operates by a simple credo – do to others as you would have them do to you. We want you to be completely satisfied with Mesh Fitness and your Club membership and we approach all conversations about Club membership through that lens. Accordingly, we will not require you to jump through hoops if you want to terminate your Club membership. Please read this entire agreement to ensure that there is no confusion regarding the respective obligations and responsibilities of both you as the Member and Mesh Fitness.
MEMBERSHIP CONDITIONS. Club membership will not be denied on the basis of race, color, creed or religion or gender, nor shall any aspect of such matters ever be made a condition of membership. All Club memberships are non-transferable, and no rights or privileges granted to the Member in this agreement may be transferred or assigned without the prior written approval of the Club. The performance of this agreement by the Club will begin no later than 180 days from the date of this agreement.
PHYSICAL CONDITION. I represent to the Club that I am in good physical condition and have no medical condition or impairment that may prevent me from or inhibit my intended use of the Facilities. I acknowledge that the Club has not and will not make any inquiry or examination into my health or physical condition or my ability to participate or partake in physical activity or exercise or to use the Facilities. If I have any health or medical conditions or concerns now or after I become a Member of the Club, I will discuss them with my doctor before using the Facilities. I take absolute responsibility for my own health, welfare and safety while at and while using the Facilities. If my physical condition or physical limitations, now or in the future, limit my use of the Facilities, I agree that my right to use the Facilities will be limited accordingly.
NO WARRANTIES OF THE CLUB. The Member expressly acknowledges and agrees that, except as expressly stated in this agreement, the Club has made no warranties or representations of merchantability, fitness for a particular purpose, or otherwise expressed or implied, with respect to the Facilities or what may be accomplished by use of the Facilities. The Member further expressly acknowledges that the Member has not relied upon any such warranties or representations as a reason for becoming a Member or entering into this agreement. The Member further acknowledges that the Club makes no representations or warranties with respect to the suitability or condition of the Facilities, including the condition of the grounds, parking areas, facilities, property or equipment.
ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS. I expressly acknowledge and agree that the Facilities are, at times, an unsupervised fitness center, there is possible danger connected with any physical activity, including the dangers of physical injury and death and the Club will not be liable for any damages arising from personal injuries sustained by the Member, the Member’s guests, the Member’s children or other dependents or invitees of the Member, in, on or about the Facilities, or as a result of using the Facilities. I assume all risks of injury, and waive all rights to pursue money damages or any other relief of any kind, arising out of: (1) my entry into or upon the Facilities or any other Mesh Fitness location; or (2) my use of any equipment, machinery or facilities in the Facilities or any other Mesh Fitness location or Mesh Fitness sponsored event. The Member knowingly and voluntarily assumes full responsibility for any injuries, damages or losses which may occur to the Member or the Member’s guests, the Member’s children or other dependents or invitees of the Member in or about the Facilities or as a result of using the Facilities.
DAMAGED, LOST OR STOLEN PROPERTY. The Member acknowledges and agrees that the Club shall not be liable for any loss or theft of, or damage to, personal property in or about the Facilities (including, but not limited to, any vehicle or its contents or any property left in a locker), and does hereby fully and forever release and discharge the Club and its owners, employees and agents from any and all claims, demands, damages, rights of action, or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of the use or intended use of the Facilities by the Member, the Member’s guests, the Member’s children or other dependents or invitees of Member.
ACKNOWLEDGMENT OF MEMBER LIABILITY. If I or my guest cause any damage to the Facilities, including but not limited to, the equipment or physical infrastructure of the Facilities, I am liable to the Club for the cost of repair or replacement.
MEMBER OBLIGATIONS. This agreement is a month-to-month membership and is a legally binding obligation for which I, the Member, am financially responsible. I agree that if I fail to make a payment that is due, I will be required to pay the entire unpaid balance immediately.
RULES AND REGULATIONS. I agree to follow the Club’s rules, regulations, procedures, policies or any other code of conduct. The Club may, in its sole discretion, modify its rules or policies without notice at any time. Club rules may vary by location.
CANCELLATION OF AGREEMENT. The Member’s right to cancel this agreement under Ohio law is detailed below. If the Member cancels this agreement pursuant to the attached “Notice of Cancellation”, such Member must submit to the Club evidence of delivery of such written notice upon request by the Club. If notice is sent by certified or overnight mail, notice shall be effective upon the date of post marking. The Member must provide his or her copy of U.S. Postal Service return receipt to the Club upon request. If written notice is sent by manual delivery or personal delivery, such notice is effective when delivered to the Club. The Member acknowledges that the “Notice of Cancellation” attached hereto has been delivered to such Member and further acknowledges that the Club has orally notified such Member of his or her right to cancel this agreement under Ohio law as of the date of this agreement. If the Member cancels this agreement pursuant to the “Notice of Cancellation”, the Club may charge an expense fee of $10.00 if the Member has received his or her first service under this agreement.
NOTICE OF CANCELLATION PER OHIO LAW
You may cancel this agreement for any reason at any time prior to midnight of the third business day after the date on which the first service under the agreement is available, and if the facility or service that is the subject of the agreement is not available when you sign the agreement, you may cancel the agreement at any time prior to midnight of the seventh business day after the date on which you receive your first service under the agreement. If you cancel within this period, the Club must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the agreement. The Club must also cancel and return to you within twenty business days any papers that you have signed, and you must return all membership cards issued to you by the Club.
To cancel this agreement you must deliver in person, manually, or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send a telegram, to the Club, at the address of the Club not later than the third business day after the date on which the first service under the agreement is available, and if the facility or service that is the subject of the agreement is not available when the agreement was signed, not later than midnight of the seventh business day after the date on which the first service under the agreement is available.
TERMINATION BY MEMBER. I may terminate my membership by delivering written notice by personal delivery to the Club, by mail to the address listed herein, or by email to email@example.com by the last day of any given month to make termination effective as of the first day of the immediately following month. Unless I terminate my membership as set forth herein, my membership automatically renews on a month-to-month basis. In accordance with Ohio law, the Club membership shall terminate three years from the date of commencement. All refunds will be by credit or check; there are no cash refunds.
TERMINATION BY THE CLUB. The Club reserves the right to terminate this Membership Agreement and to prohibit the Member from entering or utilizing the Facilities if: (1) the Member, or the Member’s guest, fails to comply with any of the Club’s rules, regulations, procedures, policies or any other code of conduct; (2) the Member breaches any provision of this agreement; or (3) the Member fails to timely pay any fees or other amounts he or she owes to the Club. If this agreement is terminated by the Club for any of the reasons stated in this paragraph, the Member agrees that he or she shall not be entitled to the return or refund of any of Member’s payments. In addition, Mesh Fitness reserves the right to immediately terminate this Club membership and refund the prorated cost of unexpired services for any other reason or no reason whatsoever.
PARENT/GUARDIAN. In exchange for the Club allowing my minor child to use the Facilities, I agree to the Assumption of Risk of Injury and Waiver of Claims provision of this Agreement and to enter into and execute the Release of Liability attached hereto. I agree and acknowledge that any child of mine under the age of 16 must be accompanied by an adult at all times while in or about the Facilities.
UNAVAILABILITY CLAUSE. If any of the services or Facilities described in this agreement become unavailable or are no longer fully operational, I acknowledge that I am liable for only that portion that was available for Member use while this agreement is in effect. If funds have already been paid, I will be entitled to a pro rata refund for the period that the Facility is unavailable but for which funds had already been paid. The refund may be paid in the form of credit or check; no cash refunds.
GUESTS. I may bring a guest only during staffed hours and only after guest signs Guest Waiver, including Assumption of Risk of Injury and Waiver of Claims. I will not allow anyone besides me to use my Club membership access card, and I understand that I will be charged a $10.00 per visit fee for any unauthorized guest I allow into the Facilities and that my membership may be terminated for bringing unauthorized guests into the Facilities. I will also be responsible for any losses, damages, or liability the Club suffers because of an unauthorized guest I allow into the Facilities.
LIMITATION OF LIABILITY. I agree that, unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. I agree that, specifically, neither an arbitrator or a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer such damages.
MISCELLANEOUS. This agreement (including any attachments hereto) constitutes the entire agreement between the parties in respect of the subject matter of this agreement and supersedes any and all prior and contemporaneous understandings or agreements of the parties in connection with the subject matter hereof, whether written or oral, express or implied. The Agreement may not be amended or modified except in a writing signed by an authorized representative of the Club and the Member.
PLEASE READ THIS CAREFULLY
RELEASE OF LIABILITY
The undersigned acknowledge(s) that Mesh Fitness Dublin, LLC (the “Club”) has agreed to allow the undersigned to enter upon the premises located 6678 Riverside Dr, Dublin, Ohio 43017 (the “Premises”) for the purpose of utilizing the facilities and equipment and for the purpose of participating in fitness and related activities.
The undersigned acknowledge(s) that physical activity and participation therein and utilization of the Club’s facilities and equipment and participation in any other activities located on the Premises may involve certain risks to the health and safety of the undersigned.
The undersigned understand(s) that the Premises, including the parking lot, are not patrolled by security personnel and that the Club is not responsible for the personal safety of the undersigned anywhere on the Premises or for the loss or damage to the undersigned’s personal property. The undersigned further understand that the Premises will not always be staffed.
As an inducement to the Club to allow the undersigned to enter upon the Premises and to utilize the fitness facilities and equipment and to take part in physical activity thereon, the undersigned hereby knowingly and freely assume(s) full responsibility for any and all damages, destruction and losses (including death) of the undersigned’s personal property, including vehicle, and further knowingly and freely assume(s) all risk(s), both known and unknown, including the risk of any injury or disability, including permanent injury or disability or death, associated with or resulting from the undersigned’s use of the Club or from undersigned entering upon the Premises, even if such injury or disability arises from the negligence of the Club, the Club’s owners, officers, employees, other Club members or participants, representatives, agents and any applicable lessor or lessee of the Premises (collectively, the “Releases”). Further, the undersigned hereby knowingly and freely assume(s) full responsibility for participation and use of the Club’s facilities.
The undersigned agree(s) to comply with the Club’s policies, procedures, rules and regulations and all other stated or customary terms and conditions for participation or use of the facilities or entrance upon the Premises. The undersigned agree(s) that if any unusual or significant hazard is observed, undersigned shall discontinue activity and shall immediately alert Club personnel to such hazard. The undersigned further acknowledge(s) that the Club makes no representations or warranties with respect to the suitability or condition of the Club or the Premises, including the condition of the grounds, parking areas, exercise facilities or equipment.
The undersigned hereby releases and agrees to indemnify and hold Releases harmless from any claim or liability, whether the same be known or unknown, anticipated or unanticipated, arising from any injury (including death) or other loss that the undersigned, any representative of the undersigned or any guest (including any guests who under 18 years of age) of the undersigned suffer related to the use of the Club, participation in Club activities or entrance upon the Premises, regardless of the cause of injury (including death) or other loss.
The undersigned, on behalf of such undersigned and undersigned’s heirs, personal representatives and next of kin, knowingly and fully releases the Releases from any and all claims, damages, losses and liabilities, known or unknown, anticipated or unanticipated for any injury (including death) or other loss that the undersigned may suffer because of the undersigned’s participation or utilization of the Club or entrance upon the Premises regardless of the cause(s) of the claims, damages, losses and liabilities including, but not limited to, the negligence of the Club or any of the Club’s employees, officers, trustees or the other Releases and further holds the Releases harmless with respect to any and all claims, damages, liabilities, injuries, disability, death, or losses to person or property, including vehicles parked on the Premises, whether arising from the negligence or otherwise of the Releases, to the fullest extent permitted law. The Club reserves the right to refuse any person access to the Club or any part of the Premises at any time for any reason.
THE UNDERSIGNED UNDERSTAND(S) THAT THE CLUB IS RELYING ON THIS RELEASE, AND AGREE(S) TO BE LEGALLY BOUND BY THIS RELEASE. THE UNDERSIGNED FULLY UNDERSTAND(S) THE TERMS OF THIS RELEASE AND THAT UNDERSIGNED MAY BE RELINQUISHING CERTAIN RIGHTS BY SIGNING IT. THE UNDERSIGNED REPRESENT(S) THAT THIS ACKNOWLEDGEMENT IS SIGNED FREELY AND VOLUNTARILY AND THAT UNDERSIGNED INTENDS TO BE LEGALLY BOUND BY THIS RELEASE. THIS RELEASE SHALL BE BINDING UPON THE UNDERSIGNED’S HEIRS, NEXT OF KIN AND PERSONAL REPRESENTATIVES.
I HAVE READ AND UNDERSTOOD THE PRECEDING RELEASE BEFORE SIGNING IT.