RULES AND REGULATIONS: Rules and regulations as set forth are part of the Membership Agreement and Member is obligated to observe and comply with same. THE GYM (Fitness Factory Gym) may make reasonable changes from time to time. Said changes shall be posted on premises.

1. REGISTRATION: All members, upon entering THE GYM, are required to swipe their membership key tag at the front desk for verification. Guests are welcome and must be registered, have a valid ID and pay fees at the reservation desk. All members must have photo taken when they join.

2. WARRANTY OF PHYSICAL FITNESS: The Member warrants that he/she is in good physical condition and has no disability, impairment or ailment which would be adversely affected by participation in a physical conditioning program or by use of the GYM’s facilities or services. We recommend you consult your doctor for permissions before beginning any gym activities.

3. CLOTHING REQUIREMENTS: Shirts, athletic shoes, and appropriate exercise clothing (i.e., sweats, leotards) are required in exercise areas. No jean, Street clothing is not permitted in exercise area. Suitable attire will be: gym shorts, t-shirts, tank tops, sweat suits, leotards, tights. Shoes must be worn at all times. Members may be required to bring a towel. If you perspire heavily, wipe down the equipment after use.

4. VIOLATIONS OF RULES AND REGS: In the event a Member violates any of the rules, regulations and conditions of membership herein contained or posted on THE GYM premises, THE GYM may terminate this membership immediately. If the terminated Member has prepaid any sum for services, on his written request, so much of such sum is allocable to services he has not taken shall be promptly refunded to him/her. Whenever a refund is due a Member from a prepaid sum for services not taken by the Member, such refund will reflect a proportion of the total prepaid sum, not including the enrollment fee, in accordance with the monthly dues rate, even if the prepaid sum was advanced or discounted annual dues.

5. RETENTION OF DUES TO COVER DAMAGES: In the event a Member, through negligence or willfulness, damages any of the facilities, THE GYM may terminate his membership and retain as much of the prepaid sum as is allocable to services he has taken and to cover damages caused by the Member. The Enrollment fee, if any shall be nonrefundable and not applicable to cover damages. This provision does not in any way preclude THE GYM from seeking damages without terminating membership.

6. DEFAULT IN FEE OBLIGATION: All monthly dues obligations are due and payable on the first of each month for checking account members or the monthly anniversary of the day they joined for members using a credit or debit card. A late charge of $15.00 will be collected for dues not paid on the contract anniversary date each month for credit/debit card holders and after the 1st of the month for checking account clients. If dues become delinquent, use of THE GYM facilities will be suspended. If dues become thirty (30) days delinquent, membership will automatically be terminated and, if applicable, the unpaid balance of the initial one (1) year term will become due and payable. The Member will also be responsible for reasonable attorney fees for collection of a delinquent account. There will be a $20.00 charge for returned checks.

7. WAIVER OF CLAIMS: Member acknowledges, agrees and understands that weight training, aerobics and cardiovascular training can be hazardous to some individuals and may result in injury, and other aspects of weight training, aerobics and cardiovascular training may result in injury to himself or other Members. Member further agrees that in consideration for permission to enter onto the premises of THE GYM, Member assumes all risks of injury incurred or suffered while on and/or upon the premises of THE GYM and releases and agrees not to sue THE GYM, its agents, servants, associations, employees or anyone connected with THE GYM for any claim, damages, cost or cause of action which Member has or may have in the future as a result of injuries or damages sustained or incurred while on and/or upon the premises of THE GYM.

8. Abuse of equipment will not be tolerated. Loud or abusive language is not permitted.

9. Equipment must be wiped down after usage, and all weights and dumbbells put away after use. Failure to do so can result in suspension.

10. THE GYM reserves the right to cut off any locks left on lockers overnight and dispose of all items left inside. Lockers are to be used only during workout hours. No barbells/dumbbells permitted on upholstered benches.

11. FREEZING OF MEMBERSHIPS: Clients of THE GYM who have memberships of one (1) year or more can petition the management to freeze an account. However, management reserves the right to render the final decision on a case-by-case basis. Special rate memberships, such as police, firemen, EMTs or teachers, are NOT eligible. Chiropractor notes are not acceptable medical notes to freeze a membership. The length of any freeze will not exceed 90 days, all medical notes will be verified, and the length of freeze will be determined by medical condition.

12. Three occasions of misconduct may result in cancellation of membership. No part of fee shall be refunded and any unpaid portion thereof shall become immediately due and payable.

13. THE GYM may from time to time change, add or eliminate equipment, classes, instructors, personal trainers, support staff and services provided as business operations require. Any such change does not constitute a breach of global services and does not qualify a member for refund, or early termination of membership.

14. If you choose to cancel this contract, you must either:

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

2. Personally deliver a signed and dated written notice of cancellation You must cancel 15 business days prior to your next billing cycle to avoid another payment, and you must have honored the time obligation of your contract. Cancellation is not complete until proof submitted by you has been verified. Acceptable proof (New Jersey Driver’s License, if out of state license then it must be accompanied with a HUD or a signed lease statement, HUD statement or signed lease must be accompanied by a utility bill). Cancellations are only a request, and are ultimately up to the discretion of management.

This facility maintains a bond or other security with the Director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by any reason of breach of contract or bankruptcy of the seller. In the event that you suffer any loss by reason of breach of contract or bankruptcy by the seller, please contact:

Department of Law and Public Safety Division of Consumer Affairs Office of Consumer Protection Regulated Business Section:
P.O Box 45028
Newark, NJ 07101
Tel: 973-504-6370