COPYRIGHT © 2017 COURTHOUSE FITNESS.

 ALL RIGHTS RESERVED.

Terms & Conditions

Courthouse offers the use of its facilities to the undersigned (Member) for the duration of membership.

Member accepts responsibility for payment of dues, payable monthly in advance, plus all other charges

authorized by him/herself, and those dues, fees and charges of other individuals for which Member may agree

to accept payment responsibility.

 

Membership Commitment:

Member hereby agrees to pay for Courthouse membership pursuant to this Membership Agreement, except in

the circumstances stated below and those guaranteed by law. Member will have the right to cancel

membership according to the terms of this Membership Agreement. Membership dues may increase, in this

event Member agrees to maintain membership at the higher dues rate through terms of the agreement.

Member also agrees to pay the Annual Facility Enhancement Fee (AFEF), assessed each year on Anniversary

date of the agreement original sale, and due along with other charges assessed on the same billing statement.

 

If Member receives a monthly credit that expires, membership will continue without the credit after the

expiration date. The expiration of a credit does not affect any other aspect of the Membership Agreement, or

the requirements agreed to herein.

 

Key Membership Policies:

Member accepts and agrees to abide by Courthouse policies cited herein, those set forth in the FAQ section of

the Courthouse website, and those promulgated from time to time by Courthouse management. Member has

reviewed a written description of the services provided by Courthouse, and the current member policies.

(https://courthousefit.com/faq). Special attention should be given to the following policy areas.

 

 Child supervision policies.

 Billing and payment policies.

 Right of Courthouse to increase rates for dues and other services at its sole discretion.

 Requirement that Member provide written notice 60-days in advance to terminate membership,

or as otherwise provided by law or as discussed further herein. A 60-day written termination

notice does not relieve Member of his/her responsibility to pay dues through the above-

referenced Obligation Date, unless otherwise provided by law or as provided in this agreement.

Ceasing to visit Courthouse will not be considered notice of intent to terminate membership.

 

Conditions of Membership:

A membership is not transferable, in full or in part, by Member for any reason whatsoever, and no subsequent

modification of this Agreement may be made except in writing and agreed to by all parties. All applications for

Membership are subject to approval by Courthouse, which shall have sole discretion to approve or reject

applications for any lawful reason whatsoever.

If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to

reasonable attorney’s fees in both the trial and appellate courts. It is intended that this Agreement comply with

all applicable laws and regulations and, to the extent that any provision be unlawful, that the rest of the

Agreement remain in full force and effect.

Member on behalf of him/herself, and his/her heirs, executors, administrators and assigns, hereby

acknowledges that use of Courthouse facilities and services may be dangerous and hazardous and may

involve dangerous and hazardous conditions both obvious and latent and Member hereby assumes all risk to

 

his/her person and property arising out of Member’s use thereof. Courthouse shall not be liable for any injury,

loss, theft, or damage to person and/or property. Member, on behalf of him/herself, and his/her heirs,

executors, administrators and assigns does hereby expressly forever release and discharge Courthouse, its

officers, directors, employees, operators and agents, and its successors and assigns, from all such claims,

demands, injuries, damages, actions and causes of action. Member further agrees to indemnify and hold

Courthouse harmless for all legal expenses incurred in defending against any claim or suit brought against

Courthouse to recover for damages sustained through accident or injury caused by Member.

Hours of operation are subject to reasonable adjustment at the discretion of Courthouse management,

including but not limited to changes for holidays, special occasions and for the performance of maintenance to

facilities. Whenever possible, notice of such changes will be posted on Courthouse premises. Should all

Courthouse facilities be unavailable for Member use for a period exceeding seven days due to damage by fire,

act of God, catastrophe, accident, construction or extraordinary maintenance, the membership time for

Member shall be extended for a like period.

 

Courthouse shall have the right to terminate a membership whenever management determines, in its sole

discretion, that the continued existence of the membership is no longer in the best interest of Courthouse or

other members. The following non-exclusive list of occurrences may constitute the basis for termination of a

membership: when Member violates a Courthouse policy, procedure, or condition of membership; when

Member abuses, destroys, or wrongfully damages Courthouse premises or property, which includes it’s

business reputation; when Member abuses, verbally or physically harasses, threatens, intimidates, or defames

other members or Courthouse employees; when Member engages in theft of any property belonging to

Courthouse or to a member or visitor; or when Member engages in the unauthorized use of, or conducts

unauthorized activities on Courthouse premises.

All fees are due and payable in advance. To avoid late payment charges, Member’s payment must be received

IN FULL in the Courthouse corporate office by the 15th of each month. If a Member’s account is 45 or more

days past due, Courthouse may proceed with collection of the total outstanding sums due and owing,

including, but not limited to, advancing the remaining balance of the Member’s dues and AFEF, as well as any

fees for returned checks or electronic fund transfers and late charges. Should collection procedures become

necessary, Member shall pay all collection fees. Membership privileges will be suspended when an account

becomes 30 days past due. Membership privileges will be restored when account balances, plus any late

charges, are paid in full. Member is responsible for all dues which accumulate until account is paid or

membership is terminated.

 

Member’s Right to Cancel:

IF YOU WISH TO CANCEL THIS AGREEMENT, WITHOUT PENALTY, YOU MAY CANCEL IT BY

DELIVERING OR MAILING BY CERTIFIED MAIL A WRITTEN NOTICE TO COURTHOUSE. THE NOTICE

MUST SAY THAT YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT AND MUST BE DELIVERED

OR MAILED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT.

THE NOTICE MUST BE MAILED TO: COURTHOUSE, P.O. BOX 3125, SALEM, OREGON 97302. IF YOU

CANCEL WITHIN THREE DAYS, COURTHOUSE WILL RETURN TO YOU WITHIN 15 DAYS ALL AMOUNTS

YOU HAVE PAID.

 

In addition, you may cancel this Agreement for the following reasons: a) if you die or become physically unable

to use a substantial portion of those health club services used by you from the date of this membership

agreement until the time of disability. Your disability must be confirmed by an examination of a physician

agreeable to you and Courthouse. b) If Courthouse goes out of business. c) If Courthouse moves its facility

closest to your residence on the date of the Membership Agreement to a location more than five additional

miles from that residence. d) If a facility, construction or improvement is not completed by the date represented

in the membership agreement. e) If Courthouse materially changes the health club services promised as part

of the initial Membership Agreement.

If you choose to cancel your Membership Agreement for reasons a) through e) stated above, you will receive a

refund of any dues paid, up to an amount computed by dividing the total amount of dues paid in the month of

cancellation by the number of weeks in the month for which the dues were paid and multiplying the result by

the number of weeks remaining in the month. The reasonable administrative costs associated with the

 

establishment of your membership, including any joining fee, will not be refunded. Any liquidated damage

clause mentioned in this agreement will not apply to memberships that are terminated under the conditions

mentioned above.

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