Total Downpayment $
CLUB IMPROVMENT FEE $15 This fee helps keeping the club evloving and up to date as years go on.
Charged semi annualy on 01/01 AND 07/01.
RETURNED PAYMENT FEE $25 This fee will be charged on payments that are returned or declined on regular monthly bill date. Please inform ONYX Health Club to keep your billing information updated in order to avoid a Return Payment fee.
CANCELLATION PROCESSING TERM MEMBERSHIP FEE An early termonation fee will be charged on any term membership that is cancelled prior to fulfilling 12 scheduled monthly payments.
1. HOURS - The hours of operation shall be posted on the premises. Hours and days of operation shall be subject to change at the sole discretion of the Corporation.
2. HOLIDAYS OR CLOSED DAYS/MAINTENANCE - The facilities may be temporarily closed for maintenance purposes, holidays, or for other temporary reasons at the sole discretion of management.
3. MEMBERSHIP CARDS/SIGN-IN - All members upon entering are required to provide a ONYX Health Club issued barcode to enter the gym facilities. Replacement of lost cards will be made upon (a) providing proof of membership, (b) providing picture identification, and (c) paying a $10 fee. Unauthorized use of cards or facilities will subject user and member to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.
4. LOCKERS - Lockers are provided as a courtesy for day use only, and their availability is not guaranteed. Members shall provide their own locks. Combination locks are preferred. All personal belongings must be placed in lockers and not left in dressing room booths. ONYX Health Club IS NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED ARTICLES. DO NOT BRING VALUABLES TO THE PREMISES.
5. DAILY GUEST PASSES - All guests must present a guest pass and a state issued photo identification in order to access the facilities. A guest fee may be required. All guests must be at least 18 years of age, or if under 18, accompanied by a parent or legal guardian.
6. KIDS CLUB - Kids Club is provided only while the member is on the gym premises. Management policies and state regulations dictate Kids Club hours and rules. Rates, hours and policies may be changed at any time, and without notice, at management’s discretion. Additional fees may apply.
7. CLEANLINESS AND CLOTHING - Close-toed shoes and suitable, presentable and clean clothing in good repair is to be worn by member at member's own expense. Members wearing clothing deemed inappropriate by management may be asked to leave the facilities.
8. CONDUCT – Harassment, negative attitudes, foul language, threats, fights, or disruptive or threatening conduct will not be tolerated and will be grounds for suspension or revocation of membership. Other reasonable rules and regulations may be enforced at management’s discretion.
9. SOLICITATION - No unauthorized business may be conducted or solicited on the premises. Unauthorized solicitation or business activity will subject user and member to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.
10. COURTESY - To promote safety and more time efficient exercise programs, remember to return all plates, dumbbells and barbells to designated racks. YOU MUST RE-RACK YOUR WEIGHTS. Dropping weights, not re-racking weights, not cleaning equipment after use, and generally displaying poor care for the facilities will subject member and users to revocation of membership without refund. During hightraffic workout hours, be sure to encourage members to “work in” with you between sets during your rest period.
11. OTHER POSTED RULES - Reasonable rules and regulations may be posted from time to time regarding the health, protection, or safety of members and all Membership Agreements shall be subject to strict compliance therewith. Additional rules for the protection of members and the facilities may be added at any time.
12. VIOLATION - Failure by member to comply with this contract or any rule or regulation shall be cause for suspension and/or revocation of membership without any notice and without any liability for refund of paid dues or future payment of dues as agreed to in this contract.
13. PAYMENT DEFAULT - Should buyer/member default on any installment or payment due hereunder, buyer/member and any additional members included in this agreement forfeit use of all facilities until all past due installments, payments, and fees are paid.
14. RIGHT OF RECISSION - The buyer may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement. A business day is any day in which the facility is open. Such cancellation must be made in writing, and either hand delivered, emailed to the manager of the facility or sent certified mail to ONYX Health Club Corporate Office located at 5555 Youngstown Warren Rd, Niles, Ohio 44446. Such cancellation must be postmarked, delivered or sent within 3 business days after the date of this agreement. All materials received at the time of sign up (Barcode, Contract copy, T-shirt, Towel, etc.) must be returned. This contract may not be canceled over the phone.
15. EARLY RENEWAL/UPGRADE - ONYX Health Club and the signing party agree that an early renewal or upgraded membership agreement will not cancel or alter in any way an existing agreement until the right of rescission period has expired for the new agreement. Any cancellation within the rescission period will cause all terms of the original agreement to remain in full force and effect.
16. CEASED OPERATION - IN THE EVENT THE HEALTH CLUB FACILITY CLOSES AND ANOTHER HEALTH CLUB FACILITY OPERATED BY THE SELLER OF THIS CONTRACT, OR ASSIGNS OF THE SELLER, IS NOT AVAILABLE WITHIN TEN (10) MILES OF THE LOCATION THE CONSUMER INTENDS TO PATRONIZE, SELLER WILL REFUND TO CONSUMER A PRORATA SHARE OF THE CONTRACT COST, BASED UPON THE UNUSED TIME REMAINING ACCORDING TO THE CONTRACT.
17. TERMINATION OF CONTRACTS - Conracts may be terminated by giving a 1 (one) month advance written notice to ONYX Health Club. Monthly dues and any other applicable fees must be current to terminate this contract. If a member’s employment with a company who participates in a Corporate Wellness plan terminates, or if the company terminates its Corporate Wellness plan, this contract subject to terminatiion.
18. CANCELLATION PROCESSING MONTH TO MONTH MEMBERSHIPS - A 30 day notice is reuired to cancel a month to month agreement.
19. AMENITIES - Amenities and services vary between clubs and membership type. ONYX Health Club reserves the right to change or charge for specific amenities.
20. MINOR - All buyer/members that sign the membership agreement, assumption of risk, and rules and regulations shall be assumed to be 18 years of age or older, or in the case of a minor member, that the buyer is the parent or legal guardian of the minor member. By signing any of these categories, buyer/member incorporates responsibility of proof of legal age and/or guardianship.
21. ELECTRONIC COMMUNICATION - To facilitate notification to buyer/member of new membership benefits, holiday hours, fitness tips, etc., buyer/member agrees that by providing their e-mail address and/or telephone number(s) either on the front of this contract or through other means that ONYX Health Club and their partners may contact them via e-mail, text message or phone call. This contact may be in the form of newsletters, offers, or any other method.
22. STRIKING CLAUSE - If any portion of this contract is found to be in violation of any laws, it shall be stricken from the contract and shall have no effect on the viability of the remaining contract terms including the reverse side of this agreement.
23. CHANGES - The only person authorized to change or inquire on this contract is the adult buyer/member named as buyer of the contract.
24. COMPLETE AGREEMENT– buyer/members acknowledge that no oral promises or statements are part of this contract.