How this Agreement Works
This membership agreement is between Mariner Square Athletic Club (“Club”) and the undersigned applicant (“Applicant”).
ARTICLE I. MEMBERSHIP
Section 1. Nature of Membership. Membership does not confer or carry with it any interest in the property or assets of the club or any right on the part of the members to participate in the management of the Club, financially or otherwise. Membership shall be purchased for a designated fee, no portion of which shall be transferred or refundable. Membership confers solely the right to use and enjoy the facilities of the Club in accordance with the Club’s rules and regulations, as they may change from time to time.
Section 2. Conditions of Membership. Membership is open to any family or individual of good character and responsible credit background without regard to race, sex, ethnic background or religion. A family is defined as a husband and wife and any dependent children, ages 13 and over, living with parents (see Article IV, Section 9 regarding Dependent Children). All applications for membership are subject to approval by the Club, which shall have sole discretion to approve or reject applicants for any reason whatsoever. The Club may, at its sole discretion, place applicants on a waiting list pending the availability of memberships in the Club and upon such terms and condition as the Club may establish from time to time. All members shall be subject to the Club’s rules and regulations and to any revisions thereof.
Section 3. Dues and Charges. The categories of membership in the club and the current dues and charges for each category of membership shall be subject to increase at any time. The obligation to pay dues is not dependent on the availability of all the Club’s facilities. Repairs or maintenance may make it necessary for the Club to restrict use of, or close, one or all of the facilities. Dues will not be reduced or suspended during the time when one or all of the facilities are not available. The Club closes for 10 days annually in August for maintenance and repairs.
Section 4. Entire Agreement. This agreement constitutes the entire agreement between the member and the Club. No representatives or agreements, either oral or written, which are not contained in this agreement, are binding upon the member or the Club.
ARTICLE II. TERMINATION OF MEMBERSHIP
Section 1. Voluntary Resignation. A member may resign from the Club by giving 30 days advance written notice to the Club, surrendering his/her membership key tag and paying any dues, contract buyout fee (if applicable) or other charges, which the member incurred. Such voluntary resignation shall not be deemed effective until after the expiration of the 30-day notice period and receipt of the member’s membership card, and after all required payments have been made by the member to the Club. Subsequent to his/her voluntary resignation, a member shall not be subject to any further dues or other charges . No member may offset dues and outstanding charges against his/her initiation deposit. EFT members must notify by the 25th of the month. See EFT rider,
Section 2. Involuntary Termination. The Club reserves the right at any time to terminate the membership privileges thereunder of any member for failure to comply with any of the Rules and Regulations adopted by the Club or for any conduct the Club determines to be improper or in any way inimicable to the best interests of the Club. The membership may be terminated by notification in writing mailed by the Club to the last address show on the records of the Club for the member being terminated. The terminated member will be required to return promptly his/her membership card to the Club. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by the Club. The membership of any member who is 60 days in arrears with respect to the payment of his/her account to the Club may, at the option of the Club’s management, be terminated.
Section 3. Suspension of Membership. The Club reserves the right at any time to suspend a member from all privileges of membership by the Club if said member has violated any Rules and Regulations adopted by the Club. A member may also be suspended if any dues or other charges are in arrears.
ARTICLE III. LIABILITY
Section 1. Waiver of Claims.
See Release and Waiver of Liability and Indemnity Agreement.
ARTICLE IV. USE OF FACILITIES – RULES AND REGULATIONS
Section 1. Registration. Members must check in at the courtesy desk and scan their membership card (keytag) each time they use the Club.
Section 2. Guests. Guests may use the Club when accompanied by a member and must sign in at the courtesy desk. Members of the Club are responsible for the appropriateness of attire and conduct of their guests. A guest fee will be charged for each guest’s visit to the Club. The Club reserves the right to limit the number of guests a member may bring to use the facilities. Guest must be 18 years of age or older with valid ID.
Section 3. Attire. Proper attire is required for participants using the Club. Shirts and shoes are required in all public areas. No footwear other than proper shoes may be worn on the courts and the management may prohibit the use of any equipment, including racquets. For the protection of all members and guests, the use of eye guards are recommended for all court sports.
ARTICLE IV. USE OF FACILITIES – RULES AND REGULATIONS (continued)
Section 4. Accounting – Billing
Statements will be sent to members on a monthly basis and will reflect the next month’s dues and the past month’s payment and charges. Bills not paid by the end of billing month are considered thirty-days past due and are subject to suspension of all Club privileges. Accounts sixty-days past due are subject to termination at the discretion of management. There will be a $5.00 late charge assessed if dues are not paid by the 5th of each month. Any payments that are returned will be assessed at $20.00 return fee along with the monies which were due.
No statement will be sent. The EFT deduction will be withdrawn on the first banking day of each month. If the funds are not transferred for one reason or another, i.e. insufficient funds, account closed, etc. the customer will be taken off the automatic transfer program, and be charged a $20.00 return fee along with the monies which were not available. All changes regarding EFT deduction must be made prior to the 25th of each month to assure the change for the next billing cycle.
Charges will be withdrawn on the 1st with EFT. Any members on home billing will see their on-account charges on their billing statement. Payments on these accounts must be made by the 5th of the month. Payments made after the due date are subject to a $5.00 late fee. Accounts 30 days delinquent of statement date will be suspended from completing on-account charging until account has been resolved. Any payments that are returned will be assessed a $20.00 return fee along with the monies which were due.
Section 5. Damages. Each member shall be responsible for any damage to the Club’s property caused by the member, the member’s guest or the member’s dependent children.
Section 6. Hours. The hours that the Club will be open are:
changing due to COVID-19 Restrictions
We reserve the right to close early when no-one is in the Club using its facilities. The Club will either be closed or will be opened reduced hours on holidays. The Club hours may be changed from time to time.
Section 7. Leave of Absence. Members may apply for a leave of absence if they are unable to use the Club because of prolonged illness or injury. Members must request a leave of absence in writing and must accompany such request with their membership card and a note from their Doctor.
Section 8. Freeze Policy.
MEDICAL FREEZE is available upon receipt of a doctor’s certificate with no charge (1 year maximum).
MILITARY FREEZE is available upon request for active duty or training with no charge (minimum 1 month, maximum 1 year).
BUSINESS/VACATION FREEZES are also available. There is a charge of $25 per person per month you will be gone or $15 per month for an extension of a prepaid membership. (3-month maximum, 1-month minimum).
Section 9. Dependent Children. Children under 13 years of age must be taken to child supervision and remain there for the duration of the member’s stay. If child supervision is not available, children under 13 are not allowed in the Club (exceptions: fee-based classes or programs, family swim times and café with parental supervision). Parents may use a court to play basketball, table tennis or racquetball with their child under 13. (20-minute time limits apply). A parent or guardian must be in direct control of children at all times when outside child supervision (i.e. lobby and café area). Dependents 13 years of age and over are eligible for membership through our family membership program. See Membership Addendum for policies and facility usage information.
Section 10. Rules Not Inclusive. The rules contained herein are not inclusive. See club policies.
ARTICLE V. CHANGES
Section 1. The initiation deposits, fees, monthly dues, charges and membership rules and regulations are subject to change by the management from time to time. Members may be notified of such changes in any manner, which the management of the Club deems appropriate.
ARTICLE VI. ARBITRATION CLAUSE
Section 1. Any controversy or claim arising out our relation to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
In Consideration of being permitted to enter Mariner Square Athletic Club for any purpose, including, but not limited to observation, use of facilities or equipment or participation in any way, the undersigned, hereby acknowledges, agrees, and represents that he or she immediately upon entering will, inspect such premises and facilities. It is further warranted that such entry in Mariner Square Athletic Club for observation, participation or use of any facilities or equipment constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and that the undersigned finds and accepts same as being safe and reasonably suited for the purposes of such observation or use.
In consideration of my participation in and the use of the Mariner Square Athletic Club’s facilities I hereby release and covenant not to sue the Mariner Square Athletic Club, INC. dba Mariner Square Athletic Club (hereafter MSAC), its owners, shareholders, directors, officers, employees, representatives, agents, and lessees from any and all present and future claims resulting from ordinary negligence and inherent risk of use of the facilities and equipment of the Club including but not limited to any loss, injury, damage, or liability sustained by me while on or about the premises of the Club.
I am fully aware and understand that MSAC does not have on or about MSAC premises, or employ or contract with any medical services, provisions for ordinary or emergency medical services including but not limited to emergency cardiovascular assistance.
I am also fully aware and understand that such losses, injury, disability, or death may result from the actions, inactions, or negligence on my part, on the part of MSAC, on the part of others, the rules of play, or the condition of MSAC’s premises and equipment.
I agree that immediately prior to participating in any activity occurring in or about MSAC’s facilities I will inspect the facilities and equipment to be used and if any defect is apparent, I will not use the facility or equipment and I will notify the management of MSAC of the defect.
I further agree that if I am not knowledgeable in the proper use of any of MSAC’s facilities or equipment I will obtain proper instruction for the correct use of such facility or equipment from a qualified individual before I will use the facility or equipment.
I further agree to indemnify and hold harmless MSAC, its owners, shareholders, directors, officers, employees, representatives, agents, and lessees for any and all claims arising from my involvement in or receiving instruction for the Club activities incidental thereto wherever, whenever, and however the claims may arise including but not limited to travel to and from the MSAC or related activity site and participation at remote sites.
I assume all the foregoing risks and accept personal responsibility for any damages and loss following any loss off property, injury, permanent disability or death resulting therefrom.
The Undersigned Hereby Assumes Full Responsibility for and Risk of Bodily Injury, Death or Property Damage due to the negligence of MSAC or otherwise while in, about or upon the premises of Mariner Square Athletic Club and/or while using the premises or any facilities or equipment hereon.
The Undersigned further expressly agrees that the foregoing Release, Waiver, and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The Undersigned Has Read and Voluntarily Signs the Release and Waiver of Liability and Indemnity Agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I FULLY UNDERSTAND THE ABOVE WAIVER, RELEASE, AND ASSUMPTION OF RISK AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AND SIGN IT VOLUNTARILY.
I hereby consent to all participants and dependent(s) participating in this facility’s program(s). I recognize that potentially severe injuries can occur in any activity involving weight or motion, including swimming and related activities like cardio and use of weights, other weight-bearing equipment and physical activity in general. I understand that it is the express intent of all staff and personnel to provide for the safety and protection of myself and family members and, in consideration for allowing use these facilities, I hereby COVENANT NOT TO SUE and FOREVER RELEASE this facility, affiliated and partner companies and organizations, property owners and lessors, staff, contractors, subcontractors, teachers, coaches, owners, directors and other members involved in this facility’s program(s), from all liability and for any and all damages and injuries suffered by my student(s) during instruction, supervision, and/or control during any and all classes or extra activities.
COVID–19 PROCEDURES, ASSUMPTION OF RISK, WAIVER OF
LIABILITY AND RELEASE FOR MEMBERS
As you well know, these are difficult and unprecedented times. Mariner Square Athletic, Inc., the legal name of Mariner Square Athletic Club, (the “Gym”), has adopted certain rules and procedures to protect you as a member of the Gym, all of those who are covered under your membership to the Gym, everyone else who is in the Gym, including employees, among others, and all of our families from COVID-19. Pursuant to governmental authority allowing the Gym to re-open, we require that you as a member of the Gym and others covered under your membership to the Gym (collectively, “You” and “Your”) abide by the following:
Within 3 days before Your scheduled visit to the Gym, You have dry cough, aches and pains, chills, nasal congestion, runny nose, sore throat, headache, a fever of more than 100°F, shortness of breath, new loss of sense of smell and/or taste, or if you just don’t feel good; ii. Within 14 days before Your scheduled visit to the Gym, You or anyone in your household has had a positive COVID-19 test; iii. You or anyone in your household suspects You or a household member may have COVID-19;
3. You or anyone in your household suspects You or a household
member may have been exposed to COVID-19 within 14 days before your scheduled visit to the Gym;
4. Within 14 days before your scheduled visit to the Gym, you have been in contact or close contact with a person who has tested positive for COVID-19 and you have not received a subsequent negative COVID-19 test;
5. You have been tested for COVID-19 and do not yet have the
results of the test
6. You or anyone else in Your household has traveled
internationally within the 14 days before Your scheduled visit to the Gym;
7. You have been in contact with someone who has traveled internationally within the 14 days before Your scheduled visit to the Gym; and
8. You believe that You have any other infectious disease other
8b. Immediately notify management at the Gym if, within 14 days of entering the Gym, You are diagnosed with or believe You have COVID-19 or any other infectious disease, in which case, You agree to cooperate with the Gym and/or the authorities to identify all people at the Gym with whom You may have come into contact, and identify all areas in the Gym where You were physically present; and
By entering the Gym during these difficult and unprecedented times, You hereby waive and release any and all claims and causes of action, including but not limited to claims for injuries, illness of any kind, death and disability, that You have or may obtain against Mariner Square Athletic, Inc. related in any way whatsoever to COVID-19, or the transmission thereof, or to any other illness of any kind, including claims for passive and active negligence, and including unknown claims, and You hold Mariner Square Athletic, Inc. harmless therefrom. As used in this release, Mariner Square Athletic, Inc. means Mariner Square Athletic, Inc. and its personal representatives, subsidiaries, affiliates, employees, shareholders, directors, officers, insurers, agents, attorneys, successors, assigns, and any other persons, firms, associations and/or corporations related to it. This release shall not apply to gross negligence or willful misconduct.
This waiver and release shall apply to waive and release any and all claims and causes of action on behalf of You (You and Your is defined, collectively, as any member and any other person covered under the member’s membership to the Gym), and on behalf Your personal representatives, agents successors, heirs and assigns.
You also waive Civil Code section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You acknowledge that You will be fully responsible for Your own safety when using the Gym during a time when COVID-19 is continuing to spread.
This document shall be governed by California law.
If any term of this document is held to be invalid or unenforceable, all remaining provisions of this document shall remain in full force and effect.
I ACKNOWLEDGE THAT I DO NOT HAVE TO eSIGN THIS DOCUMENT AND I HAVE AN OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL PRIOR TO eSIGNING IT. IF I eSIGN IT, IT IS BECAUSE I HAVE CONSULTED WITH INDEPENDENT COUNSEL, OR I HAVE CHOSEN TO PROCEED WITHOUT CONSULTING INDEPENDENT LEGAL COUNSEL. I UNDERSTAND THAT UNLESS I eSIGN THIS DOCUMENT AND ABIDE BY ITS TERMS AND CONDITIONS, I WILL BE UNABLE TO UTILIZE THE GYM.
I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OLD, AND THAT I EXECUTE THIS DOCUMENT FREELY AND VOLUNTARILY AND REPRESENT THAT I HAVE READ IT AND eSIGN IT BECAUSE I UNDERSTAND IT, WISH TO BE BOUND BY IT AND WISH TO OBTAIN THE BENEFITS THAT IT PROVIDES.