Membership/Guest Agreement

Members agree to, and are subject to, the following rules, conditions, and agreements:

1. All membership fees are non-refundable.
2. All members agree and are obligated to pay dues regardless of whether the members actually use the facilities.
3. A $25 fee will be charged for insufficient funds or for delinquent accounts.
4. ETFC reserves the right to change rates on members’ dues when deemed necessary as per policy.
5. In consideration of my participation in the Activities (as defined below) of ETFC and/or use of ETFC’s facilities, I hereby, for myself, my spouse, my children, my property, my parents, my heirs, assigns, estate, insurers, and legal representatives (collectively, including me, to the extent using the ETFC’s facilities and/or participating in or otherwise affected by the Activities occurring in the facilities of ETFC, the “Participants”), release, indemnify, hold harmless, covenant not to sue, and forever discharge ETFC, and all of its affiliates, officers, agents, directors, members, shareholders, volunteers, participants, insurers, employees, and all other persons or entities acting in any capacity on ETFC’s behalf (collectively, the “Releasees”), from any and all claims, demands, actions, causes of action, suits, controversies, judgments, injuries (including death), sickness, damages (including consequential damages), costs, expenses, attorneys’ fees, and any other legal, equitable or administrative actions or proceedings whatsoever, arising out of or related to: (i) the Activities, (ii) ETFC’s facilities, (iii) the entry upon and use of ETFC’s facilities, by me and each Participant (including property damage and/or injury (including death) caused by me or any other Participant), (iv) the involvement of me and each Participant in the Activities, (v) any acts or omissions of me or any other Participant (including property damage and/or injury (including death) caused by me or any other Participant), (vi) any challenge by me or any other Participant and/or third party in violation of the terms of this Membership/Guest Agreement (the “Agreement”), and (vii) any suit, action, or proceeding brought by me, any other Participant and/or third party in violation of the terms of this Agreement, and (viii) any such claims based upon damages caused or alleged to have been caused in whole or in part by the negligent acts or omissions of Releasees. It is agreed that all participation in the activities of ETFC and/or use of the facilities of ETFC is undertaken at my and the Participants’ own risk.
6. I acknowledge that my participation and the participation of each of the other Participants participating in tennis, sports, and other activities at ETFC’s facilities (collectively, “Activities”) and/or my use and each of the other Participants’ use of ETFC’s facilities entails known and unanticipated risks (“Risks”) that could result in physical or emotional injury, including, but not limited to concussions, broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, each Participant and/or third parties. I understand that such Risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.
7. AFTER AN OPPORTUNITY TO FULLY EVALUATE AND UNDERSTAND THE ACTIVITIES AND/OR USE OF THE ETFC’S FACILITIES AND THE RISKS INVOLVED, I KNOWINGLY AND FREELY PROMISE AND AGREE, ON BEHALF OF MYSELF AND ALL OTHER PARTICIPANTS, TO ASSUME ANY AND ALL RISKS ARISING OUT OF OR RELATED TO THE ACTIVITIES AND/OR USE OF THE FACILITY, INCLUDING, WITHOUT LIMITATION, THE RISKS OF PHYSICAL INJURY, EMOTIONAL INJURY, SICKNESS, DEATH, PROPERTY DAMAGE, FALLS, COLLISIONS, THE UNAVAILABILITY OF EMERGENCY MEDICAL CARE, AND/OR THE NEGLIGENCE AND/OR DELIBERATE ACT OF ANOTHER PERSON. MY PARTICIPATION AND THE PARTICIPATION OF EACH OF THE OTHER PARTICIPANTS IS PURELY VOLUNTARY, AND I HAVE ELECTED ON OUR BEHALF TO PARTICIPATE IN THE ACTIVITIES IN SPITE OF THE RISKS.
8. If I and/or any other Participant are injured, I acknowledge that we may require medical assistance, which I acknowledge will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense, or else I agree to bear the costs myself. I UNDERSTAND AND AGREE THAT RELEASEES WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR ANY OTHER PARTICIPANT BECOMES INJURED.
9. Should Releasees or anyone acting on their behalf incur any attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs (including reasonable attorney’s fees).
10. I certify that I am and each other Participant is physically able to participate in all Activities without aid or assistance. I further certify that I am willing, on behalf of myself and each other Participant, to assume the risk of any medical or physical condition that we may have.
11. This Agreement and all its provisions shall continue and remain in effect during each and every visit to the ETFC facilities by me and each other Participant.
12. I agree that if any portion of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, such portion shall be amended to the smallest degree necessary to render such clause valid and enforceable and the remaining portions shall remain in full force and effect.
13. I further agree, on behalf of myself and each other Participant, that any litigation or other proceeding involving the Activities, ETFC’s facilities, or Releasees will take place solely in Wayne County, Michigan and that the substantive law of the State of Michigan shall apply.

All memberships are mere licenses, which shall permit the holders thereof the revocable right to use and enjoy Eastside Tennis & Fitness Club, LLC’s (“ETFC”) facilities subject to the rules and regulations established, from time to time, by ETFC’s management.  It is expressly agreed and understood that the holders of these licenses (in the form of memberships), shall not collectively have any proprietary rights or interests in any of the properties, assets, or any other matters in respect to ETFC’s facilities and operations. 

1. Members will be responsible for the timely payments of dues and the charges by them and/or their authorized junior dependents (14 years old and older).  Dependents are authorized to make charges against the members’ accounts unless the management is notified in writing.
2. Monthly dues, court time, classes, and enrollment fees are subject to change at the discretion of ETFC.
3. All membership fees are non-refundable.
4. All memberships are for a minimum of ONE-year unless specified otherwise.
5. A $25 fee will be charged for insufficient funds or for delinquent accounts.
6. Members terminating membership shall be ineligible for all applicable discounts for duration of 12 months after cancellation.  A Membership Advisor must do cancellations.  All membership cards must be returned before cancellation can be completed.  Telephone conversation membership termination’s are not permitted.
7. The member may terminate his/her membership after the expiration of the initial terms set forth on reverse side by notifying the Club in writing 30 DAYS PRIOR TO THE TERMINATION DATE and by paying all amounts then owed to ETFC in full.  Notice of termination may be given in writing by registered mail or by completing forms in the Club’s business offices.  Otherwise, there will be no reduction, cancellation, or refund of any payment paid or payable to the member hereunder by reason of member’s failure to use the ETFC facilities-
8. Unless the member terminates his/her membership as set forth in the preceding paragraph, the membership will automatically be renewed at the expiration of the term set forth above.
9. Additional fees will be charged for such things as personal training, special classes, court time and programs, etc.
10. There will be days throughout the year when areas of the club will be closed due to tournaments, maintenance, and/or other related activities.
11. Children between the age of 14-16 must be within arm’s distance from parent/trainer throughout the Fitness Center.
12. Any member who shall conduct themselves in an unbecoming manner or cause themselves to be nuisances to the club, or other members and guests, may result in termination of their memberships without pro-rations or refunds.
13. GUEST POLICY:  All guests are required to register at the front desk.  Picture ID must be presented.  A waiver form must be completed.  A parent or legal guardian must accompany guests under 18 in the fitness center.
14. The rules and regulation contained herein are not inclusive. 

I acknowledge that I have read the above paragraph, and the reverse side in their entirety, or they have been read to me, and voluntarily agree to the terms contained therein.