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Terms & Conditions

1. Power of Will Gym, LLC

1.1 Power of Will Gym is a 24/7/365 fitness center managed by Power of Will Gym, LLC. Registered address: 10840 Market Lane, Suite 4, Princess Anne, MD 21853.

1.2 “Power of Will Gym” and “Power of Will Gym, LLC” will be hereafter reference as “Gym” in the remainder of this article.

 

2. ACCEPTANCE OF MEMBERSHIP

2.1 The decision to accept the application of a potential member shall be at the sole discretion of the Gym. The Gym reserves the right to verify or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to the Gym. If the membership application is accepted by the Gym, membership of the Gym by the applicant shall commence as stated on the agreement. Upon acceptance of the member by the Gym, a Door Code shall be issued by the Gym. The Door Code entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.

 

2.2 The acceptance of an application for membership of the Gym shall constitute a legally binding agreement between the member and the Gym. The Gym reserves the right to transfer the agreement, all or any part of its rights and responsibilities under this agreement to another organization or bring the membership agreement to an end. The member hereby agrees also to be bound by the Club Rules, provided in this agreement.

 

2.3 Door Codes are issued to all current members and must be used at the appropriate door(s) to gain membership rights every time a visit is made to the Gym. Door Codes may only be used by the registered member and any fraudulent use of the Door Code by the member will result in cancellation of the membership with no refund being made by the Gym.

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3. LIMITATION OF LIABILITY

3.1 The member acknowledges that the Gym's obligations and liabilities in respect of the Gym are defined in this agreement and/ or within the Regulations Applicable to All Users.

3.2 The member is responsible for the consequences of any use of any of the facilities of the Gym. The Gym will not be liable for any indirect or consequential loss, damage to oneself, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.

 

4. PHYSICAL HEALTH OF MEMBER

4.1 The member warrants and also represents that he/she is in good health and is not knowingly incapable of engaging in either active or passive exercise. The member further warrants that such exercise would not be detrimental to their health, safety, comfort, well-being or physical condition. The member acknowledges that they understand that they are responsible for their own well-being and safety during the unmanned hours. In the event of an emergency, they will be responsible for contacting emergency services.

 

5. MEMBERSHIP

5.1 The are two membership term options: 6 months and 1 year.

6 Month: Entitles member to the full access and use of Gym. Members in this category enter a contract with a 6-month term. Members agree to pay current rate according to Membership Agreement subscription price.

1 Year: Entitles member to the full access and use of Gym. Members in this category enter a contract with a 12-month term. Members agree to pay current rate according to Membership Agreement subscription price.

5.2 All categories of membership shall be subject to the following Terms and Conditions:

5.2.1 All contracts are subject to automatic renewal at the end of their term to renew a new term of the current membership term.

5.2.2 Member must provide cancellation request to not renew their contract prior to their term end date. If cancellation is provided after term end date, Member is subject to cancellation rate below.

5.2.3 All contracts are subject to a cancellation rate equal to 2 months of their current Membership Agreement rate if cancelled before the end of their term.

5.2.3 Members MUST request cancellation 15 days before next month’s payment or end of term date. This is required due to schedule automatic payments.

5.3 Promotional Rates: from time to time, the Gym may offer a promotional rate. The promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.

5.4 Other categories of membership shall be stipulated by the Gym from time to time.

 

6. MEMBERSHIP CHARGES, PAYMENT OPTIONS & TERMINATION OF MEMBERSHIP

6.1 All members are liable to pay all annual or monthly membership fees irrespective of actual usage of the Gym facilities.

6.2 Members may elect to pay their membership fees in monthly installments via ACH, Check or Credit Card or in full. The options available for each Membership Plan will vary from time to time at the sole discretion of the Gym.

6.3 The Gym reserves the right to increase Membership fees at the renewal of a contract term. The Gym will notify the member prior to increased rates

6.4 Power of Will Gym will accept termination requests via email at powerofwillgym@gmail.com, by phone by calling 443-526-0769, or by verbally notifying an owner of Power of Will Gym, LLC. Power of Will Gym will not accept termination requests by any other way than what is listed above.

6.5 Causes for termination. The following reasons may be acceptable to Power of Will Gym, LLC subject to formal agreement. Bankruptcy, imprisonment or death. Proof of all 3 would be required.

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7. MEMBERSHIP SUBSCRIPTIONS

7.1 From time to time and at its sole discretion, 24/7 Fitness may offer a subscription option "auto-renewals" for any of its membership plans. These terms apply where a subscription plan is agreed to at point of sale.

7.2 By signing your Membership, this will result in a binding contract. A legally binding contract is formed on the date of application and acceptance of the Gym. We reserve the right not to accept or process your subscription for any reason.

7.3 We reserve the right not to fulfil and to cancel membership orders:

7.3.1. In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;

7.3.2 If we are unable to obtain payment authorization from the issuer of your payment card.

7.4 Cancellation and Refunds:

7.4.1 Member must provide cancellation request to not renew their contract prior to their term end date. If cancellation is provided after term end date, Member is subject to cancellation rate below.

7.4.2 All contracts are subject to a cancellation rate equal to 2 months of their current Membership Agreement rate if cancelled before the end of their term.

7.4.3 Members MUST request cancellation 15 days before your next scheduled payment or end of term date. This is required due to schedule automatic payments.

7.5 If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. Signature of parent or legal guardian is required for card payments of minors.

 

8. EXPULSION OF MEMBERS OR TERMINATION OF MEMBERSHIP BY THE GYM

8.1 The Gym may expel members or may terminate the membership of any member:

8.1.1 without notice and with immediate effect if the member's conduct, whether or not such conduct is the subject of a complaint by another member or group of members, and is such that in the reasonable opinion of the Gym, it may be injurious to the character, name or interests of the Gym or is such that it renders the member unfit to associate with other members of the Gym or is such that it is not appropriate for the member to continue their membership or the member's behavior is in the reasonable opinion of the Gym to be inappropriate and / or unacceptable.

8.2 By notice in writing if any part of membership fee charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment may incur an Administration charge of $10.00.

8.3 A member whose membership is terminated by the Gym, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their monthly membership fee. Gym member will not be liable for additional membership fees after termination.

8.4 Any member who takes legal action against the Gym will be considered to have a conflict of interest and will have their membership terminated. The member will be reimbursed for any paid for membership. Membership may be resumed upon conclusion of legal action.

8.5 Improper unauthorized use of the Gym may result in member suspension or cancellation. If Member brings an unauthorized guest, at any age, to the Gym without permission, Gym reservices the right to terminate membership without an entitle to any claim for any refund of monthly membership fee.

 

9. GYM FACILITIES AND USE

9.1 The Gym reserves the right to make reasonable alterations to the type of facilities provided without notice and the Gym shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works. On occasions when necessary maintenance is required, sections or parts of the Gym may be closed. No refunds would be given as a result of closure.

9.2 The Gym reserves the right to change or remove any of the facilities at the Gym. In such an event, notice will be given.

9.3 Door codes are provided to active Members. Door code sharing is strictly prohibited and will result in immediate loss of membership. Key code sharing is viewed by ownership as stealing services. Only active account members will be allowed entry.

9.4 Pre-approved 24/7 members under the age of 18 must be accompanied by an approved member parent until they reach the age of 18. If Member uses the Gym without an accompanying guardian, Member and guardian may not hold Power of Will Gym, LLC liable for any indirect or consequential loss, damage to oneself, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.

9.5 All outside doors must remain closed during all non-staffed hours.

9.6 No one under the influence of alcohol or drugs is permitted in the Gym at any time. No alcohol-involved fitness activities are permitted without permission from the owner.

9.7 Only use equipment you understand how to use. Inspect the equipment to make sure it is properly functioning prior to using the equipment.

9.8 Remove any potential trip hazards from the floor, around racks/lifting area.

9.9 Return all excess plates/equipment to keep area tidy when they are not in use. Return all equipment, chalk, and/or other Gym supplies to their designated storage place after using the equipment.

9.10 If you are the last member present inside the Gym, turn off any lights, TV’s, equipment, etc. before leaving the facility.

9.11 Any equipment removed from the Gym will be considered stealing and will be handled by appropriate Authorities.

9.12 Power of Will Gym may provide retail items. Any items taken from retail must be signed for at time of purchase and monies paid to Gym. Failure to pay for or report retail purchases will be considered stealing and will be dealt with accordingly.

9.13 The thermostat or other owner-operated facility features are not to be changed or altered by Members.

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10. HOURS OF OPERATION

10.1 The Gym is opened 24 hours every day, Sunday through Saturday, 365 days of the calendar year, apart from scenarios listed in section 9.1.

10.2 The Gym is not staffed accept under the discretion of the owners of the Gym.

10.3 Members accept and understand that they are purchasing a membership at a 24/7 facility that allows access at any time. As such, there will be no supervision or assistance unless training session is requested. Members understand that the Gym has no duty to aid Members while at the Gym if staff is not present.

 

11. THIRD PARTY RIGHTS

11.1 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.

 

12. USE OF PERSONAL INFORMATION

12.1 We use the personal and transactional information (e.g. name, address, email address, phone number) ("Personal Information") you supply to us in order to fulfill your order. The lawful basis for this data processing while your membership is active is Contract. The lawful basis for the processing if your membership is cancelled or lapses is Legitimate Business Interest.

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13. ACKNOWLEDGEMENT OF RISK AND WAIVER OF LIABILITY

13.1 Member voluntarily assumes the risk of injury, accident, death, loss, cost or damage to their person or property which might arise from use of the Gym and agree to hold harmless and release the Gym and all affiliated corporations, and its owner, directors, employees, representatives, management, and all others from any and all liability. Members also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to themself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at the gym during staffed or non-staffed hours.

 

14. DOOR CODE Receipt

14.1 This contract represents the receipt of a door code provided to Member by Gym. Per Section 9.3, Member understands that code sharing is strictly prohibited and is not permitted to allow any other Members or guests into the Gym, and understands that access code can be revoked at any time. Member has been provided with the following codes for access: Front Door Code : Back Door Code :

 

15. ACCEPTANCE OF GENERAL TERMS

15.1 This contract represents the complete understanding between you and the Gym. No representations, written or oral, other than those contained in this contract (and the Gym’s other waivers) are authorized or binding upon the Gym. Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update the Gym of any changes of address, phone, email address and/or bank account/credit card information.

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Power of Will Gym, LLC will not register any member without the Terms, Conditions, and Membership Rules Agreement being executed. Sign up fee is non-refundable and not transferable. By entering into a subscription with Power of Will Gym, LLC, members automatically agree that they understand and comply with Power of Will Gym, LLC rules and regulations and confirm that all information that they provided is correct, adn that they agree to enter an agreement with Power of Will Gym, LLC with the chosen term.

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Power of Will Gym

10840 Market Lane

Suite 4

Princess Anne, MD 21853

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