1. 1. DEFAULT:
      
      1. Member will be in Default if he/she breaches any of these Agreement terms or conditions, or if he/she fails to pay any Monthly dues within thirty (30) days after the scheduled due date. If Member is in Default, membership privileges may be denied and the remaining balance due under this Agreement may become immediately due and payable at this Club’s option. Acceptance of any payment after the Default will not release Member from any obligations under this Agreement.

1. 1. 1. Member shall not be relieved of obligations to make payments of the enrollment fee herein agreed to, and no deduction or from any said payments shall be made, by reason of the absence or with withdrawal of Member from Club, or by reason of Member’s failure to attend or use Club facilities.
      2. Membership is not transferable. Member can not sell, assign, or transfer this agreement, his/her membership card or membership in Club shall be null and void. Member may not loan his/her membership card/number to anyone.

1. 1. MEMBER’S RIGHT TO CANCEL:
      
      1. If by any reason of death or permanent disability Member is prevented from using a significant portion of Club facilities for which he/she has contracted, he/she shall relieved from the obligation of making payment for the services other than those received prior to the onset of the disability or time of death. If services not yet received were prepaid, the pro-rated amount will be refunded within thirty (30) days. A copy of the death certificate must be sent.
      2. The definition of permanent disability is a condition of non-temporary nature which would preclude Member from physically using a significant portion of the facilities for the remainder of the term of membership and is documented in writing by a physician acceptable to Club.
      3. “Enrollment fee” entitles one to become a Member. Membership dues are for use of Club facility and services, and are a separate item. The Enrollment fee is not a prepayment for services, but is earned by club at the time of enrollment and pays capital, computer setup and administrative costs, and is non-refundable.
      4. Any request for cancellation by Member, must be in writing and must be delivered by mail to Club. This is the only manner by which cancellation of this membership will be granted, subject to the terms and conditions set forth above. A Member’s request for cancellation of membership must be received at least thirty (30) days prior to the next scheduled Monthly Dues payment date.
      5. Club will not be liable to the Member for the refund of any additional payments received from Member if the terms and conditions set forth in section #2A above for cancellation have not been met.

1. 1. CLUB’S RIGHT TO ASSIGN.

                Member hereby agrees and authorizes the Club at its discretion to assign the collections described under this                          Contract (EFT/monthly dues) to a third party financial institution without the necessity of prior notice.”

1. 1. WAIVER AND REALEASE.
      
      1. Member fully understand that he/she is engaging in physical exercise, including the use of exercise equipment, Club exercise facilities, and training and instructions by Club personnel which may cause injury to him/her. He/She hereby agrees that he/she is voluntarily participating in physical exercise, the use of Club facilities, and training and instruction by Club personnel and that he/she is assuming all risks of injury to him/her on account of these activities. It is further agreed that Club will not perform any evaluation of Member’s physical condition which might result in the identification of risk factors contradicting physical exercise, prior to his/her starting or continuing an exercise activity.
      2. Member hereby warrants, represents and agrees that he/she has no physical disability, impairment or ailment preventing him/her from engaging in any exercise activity, or that will be detrimental or inimical to his/her health,safety, comfort, or physical condition, or that of others. It is always advisable to consult his/her physician before undertaking a physical exercise program.
      3. Member agrees to hereby to waive any claims of rights he/she might otherwise have against Club, including the right to sue Club, its employees or agents, for any such injuries or claims aforesaid.
      4. Member has carefully read this waiver and release and fully understands it is a release of any and all future claims against Club or injuries or risk of injury resulting from activities while attending Club facility.
      5. Member further agrees to release Club from any liability for any loss or theft of personal property.
      6. Member understands and agrees to all rules and regulations of using Club facility. Club reserves the right to change or modify these rules and regulations in the future without prior notification to Member. Club reserves the right to revoke this Agreement if Member willfully fails or refuses to abide by such rules and regulations.

   2. In the event that Member shall claim his/her membership card is lost or stolen or destroyed, Club may require an affidavit setting forth the relevant circumstances and the payment of Php500.00 service fee before issuing a replacement card.

   3. This agreement constitutes the entire and exclusive agreement between parties. Any promises, representations, understandings, and/or agreements pertaining directly or indirectly to this Agreement which are not contained herein are hereby waived. This agreement may be modified only by an instrument in writing. However, Club or assignee of this Agreement is hereby authorized to correct patent errors in this Agreement (and in other documents, if any, executed in connection herewith). At Club’s option, this Agreement shall be null and void if it is not completed by Club’s employee in accordance with Club’s then current pricing and payment programs.

   4. This Agreement is governed by the laws of the Republic of the Philippines.

   5. If any particular provision of this Agreement is invalid, that same shall not affect the other provisions hereof.

   6. Club can delay enforcing its rights under the Agreement without losing them.

   7. CLUB RESERVES THE RIGHT TO ALL PERSONAL TRAINING AT CLUB FACILITY. UNDER NO CIRCUMSTANCES IS ANY MEMBER TO TRAIN ANOTHER MEMBER. IF ANY MEMBER IS SUSPECTED OF THIS, THE SITUATION WILL BE INVESTIGATED AND MEMBER MAY BE EXPELLED FROM CLUB WITHOUT REFUND OF ANY MEMBERSHIP FEES OR RELEASE FROM ANY AMOUNTS OWED TO CLUB.

   8. MEMBERSHIP RULES:

Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by Club for the use   of Club facilities and the equipment and facilities therein including rules with respect to lockers, attire and personal  hygiene. Club reserves the right to revoke or suspend this membership, for moral turpitude of fraud. If Member suspended, member’s obligations to make payments under this Agreement continue as scheduled. Upon entering Club,  Member must register at the reception desk and provide membership identification ( and show other identification if requested by Club personnel).

1. 1. 1. Member must carry a towel while using Club facilities, and will clean up his/her sweat using equipment.
      2. Absolutely no gym bags are allowed in the exercise rooms. If he/she brings extra clothes or equipment, he/she must check out a locker and use it.
      3. THERE IS NO SMOKING, TOBACCO CHEWING, BETEL-NUT CHEWING IN ANY AREA OF THE CLUB. No open drink containers on gym floors.
      4. Damage to Club property shall be paid for by any Member who willfully or neglectfully causes such damage.Member is responsible for damage incurred by dependent children or guests. Member shall be subject to the control and guidance of Club’s staff and follow the instructions of the staff while in Club’s facilities. Member agrees to conduct himself/herself in a quiet and well-mannered fashion when in or about Club facilities so as not to cause any disturbances which could interfere with the use and enjoyment of Club by other Members and guests. Under no circumstances will member use foul,loud or slanderous language, or harass, molest, badger or solicit other Members or guests, and under no circumstances shall Member move move exercise equipment about, or use the equipment in any manner not authorized by Club management. Any complaints other than those of an emergency nature or requiring immediate action by Club’s personnel, shall be made directly to the manager,in private, as to avoid possible embarrassment to other Members. Member agrees to keep and obey rules and procedures now in force or in the future established by the Club. The Provisions of this paragraph are vital to the successful procedures now in force or in the future established by the Club. A violation of these provisions by the Member could cause injury to Member or to other persons using Club’s facilities, injury to the reputation of Club. damage to property belonging to Club and other persons, or interference with rights granted to others to use Club.
      5. Lockers are for daily use only. In no event will anyone to permitted to leave locks overnight on lockers. All locks left overnight will be removed and contents donated to charity or discarded, unless Member as a rental locker.

1. 1. GUEST POLICIES:
      
      1. Member may bring up three (3) guests with him/her each time he/she visits the Club facilities.
      2. All guests must be 18 years of age or older and show proper I.D./Passport when entering Club facilities.
      3. Guest must fill out PROFILE CARD completely and sign the liability waiver.
      4. Guest may use the facilities at a fee of Php900.

THE GUEST MAY BE WAIVED, PROVIDED THE FOLLOWING CRITERIA ARE MET:

1. 1. Guests must show proof of residence or employment within the city where Club is located.
   2. Guest may have only one complimentary use per twelve (12) month period. These include all different promotions. NO exceptions.
   3. Guests may be toured through Club facilities and meet with membership representative.
   4. Guests may use Club facilities only by prior arrangement with Club management.