1. OPEN GYM & KEY FOBS-Valley Center Fitness is an “open gym” where members have access during regular posted business hours using their custom key fob to open the doors but a staff member may not always be present. You, the member, assume all risk of equipment and facility use. Rules are posted clearly and members must abide by the rules or memberships can be revoked. Valley Center Fitness is not responsible for lost or stolen items on the premises. Your first key fob is free, replacement key fobs are $5. Key fobs are custom to your membership only, to be used only by you. Once your membership becomes inactive for any reason, you key fob will deactivate as well. We do monitor the gym surveillance and will revoke memberships for sharing key fobs with non members. We do offer Staffed Hours for conducting business matters and can be reach at all times via phone.

2. 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 Valley Center Fitness.

3. 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.

4. MEMBERSHIP CARDS/SIGN-IN-All members upon entering are required to provide a Valley Center Fitness issued ID code to enter the gym facilities. Replacement of lost codes will be made upon (a) providing proof of membership and, (b) providing picture identification. Unauthorized use of ID codes or facilities will subject user and member to civil and/or criminal penalties and/or non-refundable cancellation of membership privileges.

5. CUBBIES-Cubbies are provided as a courtesy for day use only, and their availability is not guaranteed. All personal belongings must be placed in cubbies and not left in dressing room booths. VALLEY CENTER FITNESS IS NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED ARTICLES. DO NOT BRING VALUABLES TO THE PREMISES.

6. GUEST PRIVILEGES - All guests must present a valid guest pass and state issued photo identification to access the facilities. All guests must be at least 18 years of age or under the guidance of a parent or legal guardian. A guest fee may be required. Guests who do not present a valid guest pass or guests who are from out of town will be assessed a fifteen dollar fee ($15) for use of facilities (Guest fee may be applied to membership purchase if enrolled the day the fee is paid).

7. DAY CARE-Day Care is not provided except for during the AM circuit class only, although members may use play area only while the member is on the gym premises. Rates, hours and policies may be changed at any time, and without notice, at management's discretion. Valley Center Fitness is not responsible for your child or their belongings during their time in the play area, it is the members responsibility to supervise their children and follow the rules posted or Valley Center Fitness may revoke the privilege for member to use the play area at any time.

8. CLEANLINESS AND CONDUCT-Sexual harassment will not be tolerated. 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. Negative attitudes, threats, fights, or disruptive or threatening conduct will not be tolerated. No unauthorized outside business may be conducted or solicited on the premises.

 9. COURTESY-To promote safety and more time efficient exercise programs, remember to return all plates, dumbbells and barbells to designated racks. During hightraffic workout hours, be sure to encourage members to “work in” with you between sets during your rest period.

10. 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.

11. VIOLATION-Failure by member to comply with this contract or any rule or regulation shall be cause for 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.

12. 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.

13. CHANGES-The only person authorized to change or inquire on this contract is the adult buyer/member named as buyer of the contract. This contract may not be canceled over the phone.

14. CANCELATION-The buyer may cancel this agreement at any time prior to the close of business of the third business day after the date of this agreement. A business day is any day in which the corporate office is open. Such cancelation must be in writing, delivered by hand or sent certified mail to Valley Center Fitness, 28958 Lilac Rd., Ste 4 & 5, Valley Center, CA 92082. Such cancelation must be postmarked or delivered by the aforementioned time. Without a written cancelation receipt, no cancelation will be effective. All materials given at the time of sign up (Barcode, Contract copy, T-shirt, Towel, etc.) must be returned. Members may also email to process a cancelation but must receive a confirmation reply to complete the cancelation, otherwise it is the member’s responsibility to follow up with management to finalize the request to cancel. This agreement may not be canceled over the phone.

15. CANCELATION OF 12 MONTH COMMITMENT MEMBERSHIP – Buyer of the 12 Month Commitment Membership may only cancel their membership prior to the 12 months under two circumstances: relocation or illness/injury preventing physical exercise. If buyer is relocating to a city other than Valley Center, CA or Pauma Valley, CA and wishes to cancel, they must provide proof of relocation and are subject to a $50 cancelation fee due at the time of cancellation. If a buyer is unable to work out due to an injury or illness, buyer must provide proof with a doctor’s note and membership will be frozen for up to 4 months with no fees, and will continue on the 5th month with the normal membership dues to complete the 12 month commitment. The time the membership is frozen will not be applied to the 12 month commitment. All other buyers may not cancel until the 13th month with written notice as stated above.

16. EARLY RENEWAL/UPGRADE- Valley Center Fitness 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 cancelation within the rescission period will cause all terms of the original agreement to remain in full force and effect. This agreement may not be canceled over the phone.

17. CEASED OPERATION-IN THE EVENT THIS VALLEY CENTER FITNESS CLOSES AND ANOTHER SIMILAR GYM OPERATED BY THE SELLER OR ASSIGNEES OF THE SELLER OF THIS CONTRACT IS NOT AVAILABLE WITHIN A 5 (FIVE) MILE RADIUS OF THE LOCATION WHERE THE MEMBER IS ENROLLED, SELLER WILL REFUND TO MEMBER A PRORATE SHARE OF THE MEMBERSHIP COST, BASED UPON THE UNUSED MEMBERSHIP TIME REMAINING ACCORDING TO THE CONTRACT.

18. TERMINATION OF AUTO-RENEWABLE CONTRACTS-After the initial membership period, this contract may be terminated only by giving a 30 (thirty) day advance written notice to Valley Center Fitness. Monthly dues and any other applicable fees must be current to terminate this contract.

19. FREEZING MEMBERSHIP-Buyer may freeze membership, for any reason, at a cost of $10 per month. A freeze shall be for a 1 (one) month minimum, but no more than 24 (twenty-four) months. A freeze does not terminate the obligations of regular payments. The freeze period will be added on to the end of the membership contract. Frozen time is non-transferable. The option to freeze may only be exercised during the initial membership period. Frozen time must be claimed within 2 (two) years of the expiration of the initial membership term.

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. E-MAIL ADDRESS-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 either on the front of this contract or through other means that Valley Center Fitness and their partners may contact them via e-mail. 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. COMPLETE AGREEMENT–buyer/members acknowledge that no oral promises or statements are part of this contract. ​