Membership Contract

 Registration#: HC01949

Last Name: [lastname] First Name: [firstname] D.O.B: [dob]

Home Address: [address] City: [city] State: [state] Zip: [zip]

Email Address: [email] Home #: [homephone] Cell #: [cellphone]

I acknowledge that I have received and will comply with the rules and regulations of NexT Fit Clubs (NexT). I understand that, subject to the cancellation rights described below, my membership is recurring monthly, or termed for at least 12 months, after which my membership will continue until I cancel it by (1) GIVING NexT 30 DAYS WRITTEN NOTICE BY CERTIFIED OR REGISTERED MAIL plus (2) TURNING IN MY MEMBERSHIP CARD and (3) GIVING FULL PAYMENT OF ANY UNPAID DUES OR INDEBTEDNESS. This contract shall not obligate the buyer for more than three years from the date the contract is signed. I also understand that my membership is transferable.

Notice to Consumer

  • You are entitled to a copy of this contract at the time you sign it.

  • You may cancel this contract at any time before the third operating day after receiving a copy of this contract.

  • If you choose to cancel this contract, you must either:

    • Send a signed and dated written notice of cancellation by certified or registered mail, return receipt requested: or

    • Personally deliver a signed and dated written notice of cancellation, along with your membership card to 129 Stryker Lane, Hillsborough, NJ 08844.

  • If you cancel this contract within the three-day period you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds will be made within 30 days of receipt of the certified or registered cancellation notification to the health club.

  • Operating day means any day on which the facility is considered open for business for at least 8 hours, excluding Sundays and holidays.

  • A bond is filed with the Director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by the seller.

  • Mandatory sales tax applies to all membership fees.

  • Late Payment: If we receive a payment more than 10 days after it is due, there will be a late charge assessed in the amount of fifteen dollars ($15).

Additional Rights to Cancellation

You may also cancel this contract by providing reasonable proof of any of the following reasons. Notice should be sent by registered or certified mail, return receipt requested, or personally delivered to: 129 Stryker Lane, Hillsborough, NJ 08844:

  • Upon the buyer’s death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation under this subsection, the health club may retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.

  • Upon the buyer’s change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer. In a cancellation under this subsection, the health club may require proof of the new permanent residence and may retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.

  • If the health club facility is closed for a period longer than 30 days through no fault of the buyer, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the buyer under the contract.

Early Termination Fee:

You have an option to terminate your membership early by paying a $250 early termination fee OR by buying out the remaining months left on your term, whichever is less. If you are cancelling under the additional rights stated above, the same procedure for cancelling memberships applies. NexT may retain a prorated share of the total contract price based upon the date the notice was received.

Transfer Fee:

You can transfer your membership to someone else. The receiving party will pay a transfer fee of $50 and assume your liability/membership term.

Monthly Billing of Dues

Initial Investment: [totaldown]    First Monthly Investment $ [perioddue]    Processing Fee: INCLUDED    ID Card Fee: INCLUDED    Admin Fee: INCLUDED

Total Investment Today: $ [totaldown]    First Monthly EFT will begin on: [90firstinstallmentdate]  Monthly EFT is fixed for the Initial Term.  Upon completion of the Initial Term of this Agreement, Monthly Dues will continue at the then applicable rate.  Any change in rate will not go into effect until Member has been given 30 days written notice of such change.

Annual Facility Optimization Fee (AFO) will occur during the 2nd month of your membership cycle, annually. This $49 annual fee may include a 45-minute personal fitness assessment upon request.

EFT Billing Authorization:

(Voided check must be attached for checking account EFT option.)

Last Name on Account or Credit Card: [lastname]   First Name: [firstname]    D.O.B:   [dob]

I request that my applicable club fees be deducted from the above account for NexT Fit Clubs through Electronic Funds Transfer. This authorization for auto debit remains in effect until I cancel or transfer my membership in writing and return my membership card in conjunction with the rules and regulations.

Do you now have, or have you ever been diagnosed as having: Heart Disease, a Heart Attack, Cardiac Surgery, a Stroke, a Pacemaker, an Aneurysm, or Angina Pectoris?

YES (initial): NO (initial):(If you responded YES, your membership will be placed on hold until you obtain medical clearance.)

Terms and Conditions

    1. Fees and Payments.

    2. Returned Payment Penalty. You will automatically be charged any bank fee imposed for any returned payment item due to closed accounts, insufficient funds, etc.; plus a processing fee of up to $15,

    1. Membership.

    2. Revocation of Membership. At our discretion, your membership may be revoked at any time and for any reason, including if, in the reasonable judgment of the club management, you have acted in a manner contrary to the best interest or safety of the club or other members, or if your account has a balance past due. The club also preserves the right to require a member to leave for the day, if, in the club management’s reasonable judgment, such member poses a health or safety risk or is disturbing, or appears to disturb, other members or personnel.

    3. Membership Freeze. Members may put their membership on hold (“freeze”) for any reason for a minimum of one month and a maximum of 6 months per year, unless there is medical documentation of such reason to warrant a longer length of “freeze”. You must notify the club in writing of the dates you wish to put your membership on hold, and complete and sign a “Freeze Form”. During the freeze period you may not use the club, any of its programs or services, and you will not be billed your normal monthly dues. You will be charged a “freeze fee” of $15 per month for each month that you remain on hold. Following your freeze period your previously existing regular monthly dues will automatically recommence. Your commitment period will be extended by the amount of time your membership was on hold.

    4. Closings. From time to time part of the club, or the entire club, may be temporarily unavailable while renovations, repairs, or special events take place. Club will make every effort to minimize any disruption to members during these times.

    1. Member Risk.

    2. Activity Risk. Any strenuous or physical activity involves certain risks. You understand that there are risks associated with the use of a health club and its equipment, free weights and classes; and fully recognize and understand that such use may pose a risk of injury if not used properly.

    3. Medical Recommendations. You should consult with your physician or have a physical examination before using any fitness equipment or commencing an exercise program, especially, but not exclusively, if you are elderly, pregnant, unaccustomed to physical exercise, have physical limitations, high blood pressure, heart problems, or other chronic illness.

    4. Medical Disclaimer. Each member has been informed and acknowledges that the club has made no claims as to medical results that can be attained through the use of club’s facilities, equipment, or services.

    5. Member Conduct. Members shall not use the club’s facilities, services, or equipment in such a way as to endanger the health and safety of themselves or others. Members shall be responsible for any property damage caused by themselves, their family, or their guests. Members agree not to violate any laws. There will be no use of any prolific and/or foul language in any portion of the facility.

    6. Orientation. Members and guests should seek instruction from club personnel in the use of all equipment (cardio, machines, and free-weights). Failure to ask for or otherwise seek such instruction carries with it the assumption of liability and risk of injury associated with misuse of such equipment.

    7. Loss of Property. The club shall not be liable for the disappearance, loss or theft of, or damage to, personnel property, including money, negotiable securities, or jewelry. Use of lockers is recommended, but their use does not, in any way, imply an assumption of risk on the part of the club.

    1. Miscellaneous.

    2. Non-Discrimination. The club will not discriminate against any person because of race, religion, sex, age, color, sexual orientation, national origin, or ancestry in considering application for, or taken other actions in connection with, membership in the club.

    3. Waiver. It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right or privilege hereunder.

    4. Minimum Age. The minimum age of membership is 18 unless parental permission and club’s consent are given. Young adults age 14-17 may become club members and utilize the facilities only when membership agreement has been approved and co-signed by young adult’s parent or legal guardian. Individuals under the age of 14 may not utilize the facility. Children ages 6 months to 10 years of age will be accepted into the babysitting program.

NOTICE TO BUYER: To protect your legal rights, keep a printed copy of this agreement. This represents the entire agreement between the buyer and health care facility. By signing below, I further certify that I have read, understand and agree to all terms and conditions as stated in this agreement.