PLEASE WRITE YOUR NAME IN BOX ABOVE TO ACKNOWLEDGE THE FOLLOWING:
INITIATION FEE
As a condition of membership, Member shall pay upon joining a one-time initiation fee to the Club. (See attached fee schedule). Such fee is non-transferable and non-refundable, except as provided in “Member’s Initial Cancellation Right” on this page.
DUES
Member shall pay dues each month in advance pursuant to electronic funds transfer (EFT), which information is set forth on the attachment to this Agreement. Monthly dues shall be automatically transferred from Member’s bank account or credit card each month on or after the due date for payment. A service fee may be assessed each month Club is unable, for any reason, to receive payment via EFT for any and all dues and/or other charges owed by Member to Club. Failure to make timely payments may result in the balance of Member’s membership becoming immediately due and sent to collections and membership being terminated for default. Member is liable for any fee(s) incurred by the Club while attempting collection of past due accounts, including attorney fees, membership fees, monthly dues, and administrative charges. Dues for each category of membership shall be subject to change, in Club’s discretion.
AGREEMENT
MEMBER HAS READ AND UNDERSTANDS THE TERMS OF THIS AGREEMENT, WHICH CONSISTS OF 3 PAGES, AND AGREES TO ABIDE BY ALL TERMS HEREUNDER. MEMBER UNDERSTANDS THAT THIS IS A MONTH-TO-MONTH CONTRACT WHICH MAY BE TERMINATED AS PROVIDED IN THE “INITIAL CANCELLATION POLICY” BELOW, AND AS OTHERWISE SET FORTH ON PAGE 2 OF THIS AGREEMENT.
MEMBER’S INITIAL CANCELLATION RIGHT
You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health club after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to Montecito Heights Health Club at 2777 4th St, Santa Rosa, CA 95405 or to info [at] montecitoheights [dot] com
This is a month-to-month membership contract and may be terminated only as set forth herein.
UNAVAILABILITY OF FACILITIES & CHANGES OF FACILITIES/SERVICES
The obligation to pay dues is not dependent on the availability of all Club facilities and sites at all times. Tournaments, repairs, maintenance, and other circumstances may make it necessary for the Club to restrict use of or temporarily close one or more of the facilities. Dues will not be reduced or suspended when facilities are unavailable. Club reserves the right to change any of the facilities or services offered at any time and such changes will not entitle Member to cancel or change this agreement.
CANCELLATION/TERMINATION OF MEMBERSHIP
Initial Cancellation Right: Member may cancel this Agreement within Member’s Initial Cancellation Right period, as set forth on the previous page. If Member so cancels, Club shall refund the initiation fee and all pre-paid monthly dues, except that Club shall be entitled to pro-rated monthly dues for all services provided prior to the cancellation date. Refunds shall be paid to Member within 10 days of when Club receives notice of cancellation.
Involuntary Termination: Club reserves the right to terminate or suspend the membership or privileges of Member for failure to comply with any rules and/or regulations of Club, or for any conduct determined, in Club’s discretion, to be improper or not in the best interest of Club and its membership. Member will be notified in writing of termination proceedings at the last address shown on the billing of that account. Terminated members must return membership cards to Club and are held liable for all charges on their account incurred through the date of termination.
Voluntary Termination: Member may cancel or convert its membership or any portion of its membership. Member must provide management with a written cancellation or change of status form at least 7 days prior to when the cancellation or change is to take place. Members notifying Club after the 1st of the month are responsible for dues billed that month. The cancellation will not be effective until all membership cards are returned and any balance on the account is paid in full.
A member may cancel without penalty if they die, become disabled or move more than 25 miles from the facility.
CHANGING MEMBERSHIP STATUS
Member may request conversion to another membership type by providing a written request to the Club. Such requests may be granted upon management approval and availability. An “upgrade” will be permitted only if the difference in initiation fees is paid in full. Memberships may be downgraded for 6 months or less. After that time the member is responsible for repaying the appropriate initiation fee to return to the original status.
LEAVE OF ABSENCE
Member may apply for a leave of absence if unable to use the Club for an extended period of time. A leave may be granted for at least 1, but no more than 6, months in any 12 month period. Member must submit a leave of absence form to the bookkeeping department at least 15 days prior to the month in which the leave is requested. Leaves will not become effective until Member surrenders all membership cards and pays in full all overdue and current Club charges. Member will not be notified when the leave expires. It is Member’s responsibility to fill out a cancellation form if the membership is to be canceled. Final discretion to grant or deny a leave rests with management. A $20 - $30 per month charge will be levied to the account for any leave.
REGISTRATION
Membership cards are to be presented upon each visit to the Club. They are used for attendance information, safety and emergency purposes and to enter pool areas. The membership card is important for safety purposes and to ensure smooth operations. Replacement cards are available for $10.00. Each member and guest is required to check in upon arrival to the club prior to proceeding to any of the club facilities.
CLUB RULES AND REGULATIONS
All of the Club’s rules, regulations and guidelines are designed to provide a safe, professional and clean operation. Club rules and policies are subject to change by Club management as conditions warrant. The current Rules and Regulations are available online at montecitoheights.com
CHILDREN
Children under the age of 13 are not permitted in the group exercise classes or in the weight room, unless they are participating in a Club sanctioned youth program. An adult must accompany children under the age of 13 at all times. Children between the ages of 13 - 17 are permitted to use the facility, provided that they have completed a supervised program with the fitness staff prior to use of the weight room and/or the cardiovascular equipment.
GUESTS
Guests are welcome at the Club when accompanied by a Member and as space permits. Daily guest fees are $20.00 per adult, and $10.00 for children 3-18 years for tennis and indoor facilities. Guest usage of the Flamingo Pool is not available May – September. The Club reserves the right to limit the number of guests any member may bring. All unregistered guests will be subject to a $30.00 daily fee.
PLEASE INITIAL THAT YOU HAVE READ THIS AGREEMENT
