1.Notice. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of the goods or services obtained by the pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
2. DEFAULT. You will be in default if you breach any of the terms or conditions of this contract, if the balance of your down payment is not paid within 7 days from the date of this contract, or if you fail to pay 30 days after the date such installment is due. If you are in default, your membership privileges will not release buyer from any obligations under this contract. We may get court judgement against you for the amount you still owe and you agree to pay any court costs a and reasonable attorney's fees, where permitted, involved in collecting amounts owed under this contract, as determined by a court. Any judgements will bear interest at the highest rate allowed by law.
3. OBLIGATIONS ABSOLUTE: Other than in the event of permitted cancellations described bellow, buyer shall not be excuse from the obligation to make any payment in accordance with this contract, and buyer may not reduce amount of any payment for any reason including member's failure to use any club. Buyer agrees to pay a late charge on the amount disclosed on the front of this contract for any payment not made within the indicated time period. Payments are applied first to any due obligations on prior contracts, then to fees or charges assessed, if any, and then to dues and lastly to membership fees in the order in which they are scheduled to be made; provided, however, that the late charges will not be assessed if the only delinquency is attributed to a late charge assessed on a prior payment.
4. ASSIGNMENT: This contract may be assigned by us, and if assigned, the term ""Company"" will also mean the company to which the contract is assigned. If this contract is assigned, the assignee shall have all our rights and powers under this contract. In the event of assignment, we reserve our rights to assert any defenses we have or may have under this contract. Memberships are not transferable unless otherwise provided in paragraph 20. If this membership is not transferable, neither buyer nor member may sell, assign, or transfer this contract, his membership card or membership and any such attempted sale, assignment or transfer shall be null and void.
10. WAIVER AND RELEASE: You (buyer, member, parent, spouse or guest, as applicable) agree that if you use the facilities on the clubs premises you do so at your own risk. This includes, without limitation, your use of equipment, locker room, showers, parking area or sidewalk and your participation in any activity, class, program, or instruction now or in the future made available. You agree that you are voluntarily participating in these activities and using the equipment and facilities and assuming all risk of injury or your contraction of any illness of medical conditions that might result therefrom or any damage, loss or theft of personal property. You agree on behalf of yourself (and your personal representatives, heirs executors, administrators, agents and assigns) to release and discharge us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of our negligence. This Waiver and Release of all liability includes without limitation, injuries which may occur as a result of (a) your use of any facility or its improper maintenance, (b) your use of any exercise equipment which may malfunction or break, (c) our improper maintenance of any exercise equipment, (d) our negligent instruction or supervision, (e) our negligent hiring or negligent retention of any employee, (f) loss of consortium or (g) your slipping and falling while in the club or on the surrounding premises due to our negligence. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY. IN ADDITION, YOU DO HEARBY WAIVE ANY RIGHT THAT YOU MAY HAVE, BY OR ON BEHALF OF YOURSELF, YOUR SPOUSE OR ANY CHILD (MINOR OR OTHERWISE), TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST US FOR OUR NEGLIGENCE OR ARISING OUT OF OR RELATION TO PARTICIPATION BY YOU, YOUR SPOUSE OR CHILD IN ANY OF THE ACTIVITIES, OR USE OF THE EQUIPMENT, FACILITIES OR SERVICES WE PROVIDE AS DESCRIBED IN THIS PARAGRAPH, OR ON ACCOUNT OF ANY ILLNESS OR ACCIDENT, OR DAMAGE TO OR LOSS OF YOUR PERSONAL PROPERTY.
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