Contract

Rules and Regulations:

You agree to follow Pulse Fitness membership policies and club rules. Pulse Fitness may, at its sole discretion modify the policies and any club rule without notice at time. Pulse Fitness reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for violation of any membership policy or club rule.

You acknowledge that the equipment and services are available on first come first serve basis. Pulse Fitness reserves the right to make changes to the type or quantity of equipment offered to its members and may alter hours at its own discretion.

Statement of Financial Responsibility

It is the policy of Pulse Fitness to collect payment for services rendered. Payment is due at the time of signing up for membership. You are choosing to purchase a Individual Annual Membership. As per the contract on 7/23/2024 a 12 payments in the amount of $49.99 will be drafted Monthly from ending in.

I, the undersigned, have read the above statement and accept financial responsibility for all charges incurred for services rendered by Pulse Fitness located at 3001 Ormond Blvd. Suite-A Destrehan, LA 70047. I realize that failure to keep my account current will result in the inability to use Pulse Fitness facility, equipment, or other services offered on Pulse Fitness premises.

Medical Release/Waiver:

By signing this waiver you represent that you are in good physical condition and no medical reason or impairment that could prevent you from your intended use of Pulse Fitness facility. As such, you acknowledge thatPulse Fitness did not give you medical advice before you joined and cannot give you any after you join relating to physical condition and ability to use the facility.

If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities.

Pulse Fitness, LLC is a private club and as such shall have the right to suspend or withdraw membership privileges from any Member or Guest who, in the Club’s sole discretion or opinion, engages in conduct considered to be inappropriate or unacceptable, or amounts to a breach of the Club Policies and Procedures, or is in any way detrimental to the Club, any of its employees or any other Member. Any membership termination or expulsion shall be effective immediately and no part of a Member’s previous payments will be refunded. If a Member is suspended, that Member forfeits all privileges to Club membership and shall not be entitled to any repayment of any fees or dues while the membership is suspended. Further, the Club may at any time, with or without cause, for any reason, terminate a Member’s membership upon providing thirty (30) days advance written notice of such termination. Only upon such a termination will the Member be refunded any membership fees paid in advance or unused.

Individual Annual MembershipMembership Agreement

This membership agreement (“Agreement”) is between Pulse Fitness, LLC (“Club”) and person who signs this document, including his/her family members, (“Member”) and includes the Club Policies and Procedures (“Club Policies”) which are incorporated and made a part of this Agreement.

Agreements of Member

The Member certifies, understands and agrees as follows:

• That he/she has been advised the Pulse Fitness Membership Guide is available online at www.pulsefitnessla.com and a that a hard copy is available in the office. These rules may change periodically, and member agrees to be responsible for acquainting himself with the current rules and abiding by them.

• To pay membership fees and dues as set forth in the Agreement.

• That membership in the Club is non-voting and non-proprietary.

• That membership is not effective until this Agreement is signed by an authorized representative of the Club and Member. On the effective date of the membership, the initial fee (“Fee”) will be nonrefundable, except as provided in NOTICES section of the Agreement.

• That he/she has been informed and acknowledges that in using the facility, equipment, and services of the Club, the Member does so at his/her own risk. Further, in consideration of the right of illness, injury or death and hereby releases and discharges the Club and its agents from all actions, claims, or demands for damages resulting from any personal injury sustained by Member arising out of membership in or use of the Club.

• That he/she will be responsible for the actions and conduct of themselves, and liable to the Club for any damage to the Club’s property caused by the Member or family member included in membership.

• Member must consult with personal physician before beginning any exercise program that are currently offered at the Club or may be offered in the future

• Member MUST wear proper foot and exercise attires while engaging in physical activity at the Club.

• Member acknowledges that his/her attendance will NOT affect his/her membership payment agreement. Payments must be made regardless of whether the membership is used.

Agreement of Club

Upon acceptance of Member’s application for membership, the Club agrees to extend the privileges of membership, including the use of the Club’s facility, to Member subject to the Club Policies which are incorporated into this Agreement.

The Club agrees to provide thirty (30) days prior written notice to the Member of any increases in Fees or Dues or any changes in the Club Policies. After such notice, if a Member does not wish to accept the changes, the Member may terminate or cancel their membership by giving written notice to the Club prior to the next monthly billing date. Failure to provide such written notice within this time period shall indicate an acceptance of the new changes by the Member.

Membership Fees, Dues and Statements

• Member will pay an application fee of $25 and applicable sales tax (“Fees”). Fees will be be funded to Member for any reason, except I the event that the Club does not accept Member’s application for membership or as provided under the NOTICES section of Agreement.

• Member will pay monthly dues in full each month.

• Dues for Member are subject to adjustment. The Club will give the Member thirty (30) days written notice prior to any increase in Dues. After receipt of such notice, Member may terminate this Agreement prior to the next monthly bill date. Failure to provide written notice within this time period will indicate an acceptance of the new fee structure, after which time any termination will be under the terms set forth in the TERMINATION OF MEMBERSHIP section. Any notice given pursuant to this section will be deemed received upon receipt, if personally delivered, or within three (3) days following the date of deposit in the U.S. mail system, if mailed.

• In order for any changes or adjustments to be made to Member statement, Member must communicate in writing to the business office within thirty (30) days of the date on Member’s statement.

• Any item returned from Member’s bank or credit care company as rejected fro payment will be subject to a $29.00 processing fee. If Member fails to make prompt payment of any amount due under the Agreement, the Club may, at its option, declare Member in breach of the Agreement.

• In the event of a breach of this Agreement, the breaching party shall pay all reasonable attorney’s fees, collection fees and costs of the other party because of any action brought to enforce this Agreement.

• Credit card, debit card and checking account drafts are processed once a month. The date of the draft will bet stated on the monthly statement.

NOTICES

Member’s Right to Cancel

Member may cancel this Agreement for any reason by sending notice to cancel to the club before midnight of the third business day after the Agreement is signed. This notice must be delivered to the club or sent registered mail to the following address:

Pulse Fitness

3001 Ormond Blvd. Suite-A

Destrehan, LA 70047

Within thirty (30) days of receipt of this notice, the club shall return any payment made and any note executed by the Member in connection with the Agreement. If Member used the clubs, Member may be charged a reasonable fee based on days of actual use.

(b) This right of cancellation shall affect only the financial obligations under the Agreement and Member’s right to use the club’s physical fitness service.

Term of Membership

The term of membership will continue until terminated in accordance with the terms of the Agreement.

Termination of Membership

To terminate this Agreement, the club must receive written notice from Member prior to the first day of the calendar month the termination is to be effective. The Member is still responsible for all fees and charges incurred through the last day of the calendar month of membership. Termination will not entitle Member to any reimbursement of initial Fees or Dues.

In the event Member violates any of the club policies or other rules posted in the club from time to time regarding conduct and/or use of facilities, the club may immediately terminate the Members membership under this Agreement. The club may also automatically and immediately terminate a member’s membership for failing to make any payment due under this Agreement. If the Member’s membership is terminated for violation of club policies or failure to make payments, no part of Member’s prior payments will be refunded. Additionally, the club may at any time, with or without cause, terminate a Member’s membership in the club upon providing Member with thirty (30) days written notice of such termination. Upon such a termination, Member will be refunded any membership fees paid in advance and unused by the Member.

Refund Policy

There will be no refunds or extended time given to members in the event that gym and/or facility is not accessible due to Act of God or any other reason.

Relocation

• If member relocates more that 25 miles from the club, the member may cancel this contract. Member must provide Pulse Fitness with proof that is satisfactory with management.

• Thirty Days (30) written notice is required to cancel the contract without incurring additional liability of one (1) month's dues.

• A one-time cancellation fee of $150.00 and applicable sales tax will be charged for administrative purposes.

• Membership Transfer Policy Memberships can be transferred under the following conditions: Both parties are present at the club during time of transfer. A $75 transfer fee is paid in person at the club. A member of club management approves the transfer.

Termination Fees

In the event that Master Member terminates within 12 calendar months of the date of submission, the Member agrees to pay $150 termination fee and applicable sales tax. If member terminates after said date, there are no termination fees.

12 Month Membership Agreement

Will renew automatically after 12 months. You will get an email reminder at renewal. If you decide you don't want to renew, please let us know by written notice to your renewal date.

Effective as of the date submitted, indicates that member accepts Club Agreement, Policies and Procedures.

WAIVER

By submitting the form below, effective upon submission of this form indicates that member accepts the Club Agreement, all policies and all procedures.

Additionally, if applicable, Parent or Guardian of Member agrees to be bound on behalf of Member under this Agreement, because Member is under eighteen (18) years of age.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19:

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Pulse Fitness, LLC (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Club could increase your risk and your child(ren)’s risk of contracting COVID-19.

I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with Member attendance at the Club or participation in Club programming (“Claims”). On my behalf, and on behalf my children(s) on Membership under 18 years of age, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.

As a result of this, I agree to do my part as a member to follow CDC Covid 19 terms and guidelines.

Photography/Video Release:

Participants involved in any activities offered by Pulse Fitness, LLC may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Pulse Fitness, LLC website or in any editorial, promotional or advertising material produced and/or published by Pulse Fitness, LLC.

Waiver and Release of Liability Express assumption of risk:

I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include but are not limited to falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of Pulse Fitness, LLC. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

Release:

In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Pulse Fitness, LLC, I, the undersigned hereby release Pulse Fitness, LLC, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Pulse Fitness, LLC to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.

Indemnification:

The participant recognizes that there is risk involved in the types of activities offered by Pulse Fitness, LLC. Therefore, the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Pulse Fitness, LLC, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Pulse Fitness, LLC, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by Pulse Fitness, LLC. I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.