1. It is expressly understood and agreed that this agreement IS NOT assignable by the member.
2. BY THE USE OF THE FACILITIES OF SELLER AND/OR BY THE ATTENDANCE AT ANY OF THE CENTERS OWNED BY THE SELLER, THE MEMBER EXPRESSLY AGREES THAT THE SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM PERSONAL INJURIES, EVEN IF THE INJURIES ARE THE RESULT OF THE SELLER’S OWN NEGLIGENCE OR THE NEGLIGENCE OF THE SELLER’S EMPLOYEES, SUSTAINED BY THE MEMBER OR HIS GUEST IN, ON OR ABOUT THE PREMISES OF THE SAID CENTERS OR AS A RESULT OF THEIR USING THE FACILITIES AND THE EQUIPMENT THEREIN. BY THE EXECUTION OF THIS AGREEMENT MEMBER ASSUMES FULL RESPONSIBILITY OF ANY SUCH INJURIES OR DAMAGES WHICH MAY OCCUR TO THE MEMBER OR DUES IN, ON OR ABOUT THE PREMISES OF THE SAID CENTERS AND FURTHER AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL PROPERTY. MEMBER ASSUMES FULL RESPONSIBILITY FOR ANY INJURIES, DAMAGES OR LOSSES WHICH MAY OCCUR TO MEMBER OR DUES IN, ON OR ABOUT THE PREMISES OF SAID CENTERS AND DOES HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE SELLER AND ALL ASSOCIATED CENTERS, THEIR OWNERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, RIGHTS OF ACTION, OR CAUSE OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, AND/OR THE RESULT OF SELLER OR SELLER’S OWN EMPLOYEE’S NEGLIGENCE, BECAUSE OF THE MEMBER’S OR HIS GUEST’S USE OR INTENDED USE OF THE SAID CENTER OF THE FACILITIES AND EQUIPMENT THEREOF.
Buyer and Member warrant, represent and agree that Member is in good physical condition and that he has no disability, impairment or ailment preventing him from engaging in active or passive exercise that will be detrimental or inimical to his health, safety, comfort or physical condition if he does engage or participate. The management of each local center shall have the final determination in this regard. Their decision is final.
3. Buyer shall not be relieved of his obligations to make any payment herein agreed to, and no deduction or allowance from any payments shall be made, by reason of the absence or withdrawal of member from the center, or by reason of Member’s failure to attend or use the center or to obey rules.
4. Member agrees to keep and obey all rules and regulation now in force or in the future prescribed by Seller, or its associated centers for the use of centers and equipment and facilities therein, and Seller reserves the right to revoke this membership for cause if Member fails to keep and obey such rules and regulations, or for reasons of nuisance, disturbance of other members, moral turpitude or fraud. Seller agrees to maintain centers as to hours, location and facilities substantially as at the date hereof, subject to Seller’s right and privilege at any time hereafter.
5. This agreement constitutes the entire and exclusive agreement between the parties. Any promises, representation, understanding and/or agreement 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.
6. IF THE HEALTH SPA GOES OUT OF BUSINESS OR MOVES AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OFPAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: P.O. BOX 1567, NEDERLAND, TEXAS 77627. AND FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE'S INTERNET WEBSITE.
7. RELOCATION OF BUYER: You may cancel this Contract if you relocate more than twenty-five (25) driving miles from the facility at which you enrolled or from an affiliate club that would accept obligation under this contract. You must give us written notice of your intention to cancel and we will require satisfactory evidence of your relocation and 30-day notice.
8. You will be liable for reasonable attorney fees and collection costs in the event you default on this agreement.
9. Members may cancel this membership before the agreed upon expiration date for a fee of $149 plus tax, if payments are current and upon approval of manager.
10. IF YOU DIE OR BECOME TOTALLY PERMANENTLY DISABLED (WHEELCHAIR STATUS) AFTER THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT, BY MAILING A NOTICE TO THE HEALTH CLUB STATING YOUR DESIRE TO CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF THE UNUSED MEMBERSHIP FEE. THE HEALTH CLUB MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: P.O. BOX 1567, NEDERLAND, TEXAS 77627.
11. Member may cancel or transfer this membership to an immediate family member for a fee of $149.00 with a thirty (30) day notice if payments are current and upon
approval of management.
12. IF YOU DIE OR BECOME TOTALLY PERMANENTLY DISABLED (WHEELCHAIR STATUS) AFTER THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE
MAY CANCEL THIS CONTRACT, BY MAILING A NOTICE TO THE HEALTH CLUB STATING YOUR DESIRE TO CANCEL THIS CONTRACT AND RECEIVE A
PARTIAL REFUND OF THE UNUSED MEMBERSHIP FEE. THE HEALTH CLUB MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST
BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: P.O. BOX 1567, NEDERLAND, TEXAS 77627.

WAIVER OF LIABILITY CLAIM: It is expressly agreed that the members at member's sole risk shall undertake all activities and use of all facilities. Exygon shall not be liable for any claims, demands, injuries, damages, or actions whatsoever to member or members' property arising out of or connected with the use of any of the services and facilities of the club or the grounds on which the club is located. The member does expressly forever release and discharge the club from all such claims, demands, injuries, damages, or actions; and from all acts of active or passive negligence on the part of the corporation which owns the club, its officers, agents, and employees.