Power,
Purpose, Progress.

House of Power Fitness LLC

Liability Waiver and Unstaffed Access Agreement

Member Name: ___________________________________

Date of Birth: ___________________________________

Phone/Email: ___________________________________

Address: _______________________________________

Buyers Right to Cancel: 

If you wish to cancel this agreement, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to this health club. The notice must say that you do not wish to be bound by the agreement and must be delivered or mailed to before 12 midnight of the third business day after you sign and receive a copy of this agreement. The notice must be delivered or mailed to P.O. BOX 76, Marlin, PA 17951. In some cases, you may also cancel this agreement if you signed it before the health club was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, the health club may be entitled to a certain portion of the agreement price. If the health club goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details, read your agreement carefully. Enforcement of the Health Club Safety Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorney. 

NOTICE:

Any holder of this agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof, recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. 

If during the original term of this contract you relocate more than a 25 mile radius from the Club and you are unable to transfer the contract to a comparable facility located within five miles of your new residence, you may cancel this contract by providing a 30 day written notice, proof of relocation, and a $50 early cancellation fee. Acceptable proof of relocation includes a newly issued driver’s license with an address different from the one you signed up with or shown on your previous license or a utility bill in your name with your new address. Upon receipt of notice of cancellation under this paragraph, the Club shall refund to the buyer all moneys paid in excess of an amount computed as of the date of relocation by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $50. 

If you become disabled, you may extend the membership term of the contract at no additional cost for a period of time equal to the duration of a disability where the disability which precludes you from using one-third or more of the Club’s facilities for a period of less than six months and the disability is verified by a physician. 

If you become permanently disabled or you die, you or your legal representative may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use one third or more of the club facilities for six months or more. No cancellation fee will be charged. Upon notification of cancellation under this paragraph, the Club shall refund all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $50. In the case of permanent disability, the Club may require the 

buyer to submit to a physical examination by a physician agreeable to the buyer of the contract and the Club. The additional cost of the examination shall be borne by the Club. 

The Club retains the right to cancel or suspend the membership of any person for any reason. If such cancellation or suspension is made due to violation of the Club policies, violation of terms of this contract, or due to damage rendered by you or your guests, you will remain responsible for the financial obligations of this contract as well as a $50 cancellation fee. In the case where the facility or its contents are damaged, you will furthermore be responsible for the repair or replacement thereof. 

If you wish to cancel your agreement and do not qualify for any of the cancellation rights otherwise offered herein, you may buy out the remainder of your contract. To buy out the contract, send a 30 day written notice to House of Power Fitness, 301 Walnut St, Mar Lin PA 17951, PO Box 76. A buyout fee of $150 shall be considered due and payable upon receipt of the notice you intend to buy out. 

If the Club temporary closes for 30 days or less, you, the buyer, shall receive an extension of the membership term equal to the period during which the facility is closed. 

If the Club closes for more than 30 days and fails to provide a comparable facility within ten miles of the location designated in this contract, the buyer may cancel the contract. Upon receipt of notice of cancellation under this paragraph, the Club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term. 

If the buyer wishes to cancel the contract under the terms listed above, the buyer shall notify the Club of cancellation in writing, by certified mail, return receipt requested, delivery to P.O. BOX 76, Marlin, PA 17951. All money to be refunded upon cancellation of the Club’s contract shall be paid within 40 days of receipt of the notice of cancellation; and that, if the buyer has executed a credit, lien or automatic funds transfer agreement with the Club to pay for health club services, any negotiable instrument or credit or lien agreement executed by the buyer shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation. 

Optional Renewal Program: 

Provided that the member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated. Renewal terms may be cancelled at any time provided 30 day written notice is delivered to the Club’s address or their designated billing company. It is also understood that the Club has the option to increase monthly renewal dues without notice during any renewal period not exceeding $50.00 per month. 

Member Assumption of Risk and Release: 

I understand the risk of injury from Club activities and using any Club equipment is significant, including the potential for permanent paralysis and death. I knowingly and freely assume all such risks, both known and unknown. I acknowledge that this is an unsupervised fitness center, and I assume all risks associated with using exercise equipment and other products and machines and exercising alone without the aid or presence of Club staff on the premises. This Club is independently owned and operated by House of Power Fitness LLC. I hereby release, indemnify, and hold harmless Pulse Fitness Clubs LLC and its affiliates, and the owners of all clubs within the Pulse Fitness Clubs system, as well as all sponsors, and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees with respect to any and all injury, disability, death, loss or damage to person or property that may arise out of or in connection with my use of any of the equipment products and machines or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by application of law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the club is relying on this release in agreeing to enter into this agreement. I have read the release of liability and assumptions of risk agreement, fully understand its terms and that I have given up substantial rights by signing it, and signing it freely and voluntarily without any inducement. 

This facility is under 24-hour recorded video surveillance, which may be retained by the Club for subsequent review, and member access key usage logging. 

I understand that participation in strength training, cardiovascular exercise, and use of

fitness equipment at House of Power Fitness LLC involves inherent risks of injury, illness, or death. These risks include, but are not limited to, muscle strains, sprains, broken bones, cardiovascular events, or other medical emergencies. I voluntarily accept full responsibility for these risks.

I understand that House of Power Fitness LLC provides members with the ability to access the facility during certain unstaffed hours. During these times there will be no employees, trainers, or staff present.

Emergency response may be delayed in the event of an accident.

I am responsible for my own safety at all times.

Default and Late Payments: 

Should you default on any payment obligation as called for in this agreement you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than 10 days late. Should any monthly payment become more than 10 days past due, you will be charged a late fee of $15. An additional service fee of $30 will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the member is paying monthly dues by electronic funds transfer (EFT), the Clubs designated billing company reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. 

Right to Change Designated Billing Company: 

The Club hereby reserves the right to change the designated billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will continue to apply and you agree to authorize the new designated billing company to continue drafting your account. 

Member Obligations: 

Member agrees to abide by all club policies, follow the directions of the staff regarding safety and security issues and to treat staff and other members with courtesy. Member agrees to pay monthly dues on time, including notifying the Club promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or late fee per delinquent payment. Member agrees to pay all cost of collection incurred by the holder of this agreement if this account 

becomes more than 60 days past due. Member agrees to continue to fulfill the financial obligation of this agreement. 

Members may not bring in guests at any time without the consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the member may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately and be assessed a penalty of up to $250.00. Members may not allow anyone else to use their access key and must alert the Club immediately if it is lost or stolen. Violating this policy carries the same penalties as violating the guest policy. 

Members who do not have their access key/barcode will not be allowed into the facility during non-staffed hours, nor should they enter the facility during non-staffed hours by other means. 

Members are required to log in by use of their access key and/or cellular phone code every time they enter the facility, regardless of whether it is during staffed OR non-staffed hours. 

Members have access to free orientation to the facility and the proper use of all equipment. It is the member’s responsibility to request this orientation. 

Members are required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff.

Members are expected to clean machines after each use and rerack free weights, dumbbells, barbells, plates, yoga mats, medicine balls, etc, that are used.

Each member is responsible for understanding how to operate the panic alarms and agrees to use them in case of an emergency. 

Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of the membership, and the balance of the contract being declared due as payable in full immediately. 

Appropriate clothing to include but not limited to shorts/pants, shirts and closed-toed shoes shall be worn at all times when members are utilizing the Club’s equipment. Working out with no shoes, no shirt, or a sports bra only is not permitted. Management reserves the right to ask members to leave/cancel membership if not dressed appropriately while inside the gym.

Any member who violates any section of the Pennsylvania Crimes Code Title 18 while on the property of House of Power Fitness may have their contract suspended or cancelled at the discretion of the Club owners. At the time of cancellation, the buyer of the contract shall be responsible for paying the remaining balance of the contract within 90 days. 

Photography and videography of other members or Club employees is strictly prohibited anywhere in the Club. Respect the privacy of other members while in the facility. Filming videos and taking photos/selfies for individuals’ personal social media, etc, is prohibited. Violation of this rule can cause suspension and/or ban from the facility. All members are subject to being videoed while they are inside of the Club due to security measures. Any photograph or video taken by Club employees/owners that is used for advertisement or promotional purposes shall not be used without the consent of all members who are in the photograph or video. 

Persons under the age of 16 are not permitted in the club at any time without being accompanied by their parent OR legal guardian. Persons under the age of 18 are not permitted in the club without legal consent of their parent OR legal guardian AND only upon their parent OR legal guardian entering into agreement with the Club under this contract. Management reserves the right to deny membership to anyone under the designated age requirement of 14 years of age.

Acknowledgment

I acknowledge that I have read and understood this waiver and agreement. I fully

understand its terms, and I voluntarily sign it, knowing I am giving up substantial legal

rights.

Member Signature: _________________________________

Date: ___________________

Staff/Witness Signature: ____________________________

Date: ___________________