This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into (the “Effective Date”), by and between Viking
Fitness 24/7, LLC, and (the “Member”).
1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to
fitness equipment at Viking Fitness 24/7, LLC. By signing below, Member agrees to be bound by all of the terms and
conditions set forth in this Agreement.
2. Term:
Unless earlier terminated in accordance with Section 3, after the Initial Term, this Agreement shall continue in effect for 12
months and then go into a month to month basis (until 30 days after Member delivers written notice of termination to Viking
Fitness 24/7, LLC at the address set forth above (or such other address as Viking Fitness 24/7, LLC shall notify Member in
writing). Each Subsequent Monthly Term shall begin on a monthly anniversary of the Effective Date and end at the close of
business on the day immediately prior to the next monthly anniversary of the Effective Date.
3. Termination: This Agreement may be terminated by Viking Fitness 24/7, LLC (i) at any time if Member breaches this
Agreement;. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination
to Club, at the address set forth above (or such other address as Viking Fitness 24/7, LLC shall notify Member in writing): (a)
if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician,
which precludes Member from physically using the facilities) during the Term and provides written evidence thereof
(including a writing verified by a licensed physician) to Viking Fitness 24/7, LLC; or (c) Member moves Member’s residence
more than 10 miles from Viking Fitness 24/7, LLC.
4. Pricing: Viking Fitness 24/7, LLC offers a (multiple membership options for a price of starting at $30 plus tax a month up
to $100 plus tax a month.
5. Payment: As of the Effective Date, Member has paid to Viking Fitness 24/7, LLC the sum of (the “Payment”), which
covers the period beginning on the Effective Date and ending the last day of the Initial Term. On or prior to the first day of
each Subsequent Monthly Term, (Member shall pay to Viking Fitness 24/7, LLC the sum of) (cost per period), and hereby
authorizes and directs Viking Fitness 24/7, LLC or its agents to charge the payment to the Member automatically.
6. Instruction: Member’s ability to attend Viking Fitness 24/7, LLC each month is conditioned on Viking Fitness 24/7, LLC’s
receipt of the Payment for such month. Viking Fitness 24/7, LLC shall have the right to suspend Member’s membership at
any time and from time to time during any period that Member is not current in the Payment. All instruction shall be
provided at Viking Fitness 24/7, LLC’s business located at 106 Broadway Avenue, Hanska, MN 56041 or at such other
location determined by Viking Fitness 24/7, LLC in its sole discretion. Viking Fitness 24/7, LLC reserves the right to change
its schedule or the frequency thereof at any time and from time to time without advance notice to the Member.
7. Policies and Rules: Member hereby acknowledges that the Member has read and understands Viking Fitness
24/7, LLC’s rules and procedures (This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into (the
“Effective Date”), by and Viking Fitness 24/7, LLC and (the “Member”).
1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to
fitness equipment provided by the Gym. By signing below, Member agrees to be bound by all of the terms and conditions
set forth in this Agreement.
2. Term: Unless earlier terminated in accordance with Section 3, the initial term of this Agreement shall begin on the
Effective Date and shall end at the close of business on the day immediately prior to the anniversary of the Effective Date.
Once 12-month contract is fulfilled the Initial Term, this Agreement shall continue in effect on a month-to-month basis
(each, a “Subsequent Monthly Term” and together with the Initial Term, the “Term”) until 30 days after Member delivers
written notice of termination to Viking Fitness 24/7, LLC at the address set forth above (or such other address as Viking
Fitness 24/7, LLC shall notify Member in writing). Each Subsequent Monthly Term shall begin on a monthly anniversary of
the Effective Date and end at the close of business on the day immediately prior to the next monthly anniversary of the
Effective Date.
3. Termination: This Agreement may be terminated by the Viking Fitness 24/7, LLC at any time if Member breaches this
Agreement; or (ii) 30 days after the Fitness Club delivers written notice of termination to Member. This Agreement may be
terminated by Member (or Member’s estate) by delivering written notice of termination to Viking Fitness 24/7, LLC, at the
address set forth above (or such other address
as Viking Fitness 24/7, LLC shall notify Member in writing): (a) if Member dies during the Term; (b) if Member becomes
disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the
facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to
Viking Fitness 24/7, LLC; or (c) Member moves Member’s residence more than 25 miles from Viking Fitness 24/7, LLC.
4. Pricing: Viking Fitness 24/7, LLC offers a (Membership title) for a price of (cost per period) per (payment period).
5. Payment: As of the Effective Date, Member has paid to the Fitness Club the sum of (the “Payment”), which covers the
period beginning on the Effective Date and 30 days from that time. On or prior to the first day of each Subsequent Monthly
Term, (Member shall pay to the Fitness Club the sum of) (cost per period), and hereby authorizes and directs Viking
Fitness 24/7, LLC or its agents to charge the payment to the Member automatically.
6. Policies and Rules: Member hereby acknowledges that the Member has read and understands Viking Fitness 24/7,
LLC’s rules and procedures (the “Viking Fitness 24/7, LLC Rules”). The Member further acknowledges that Viking Fitness
24/7, LLC has the right to change Viking Fitness 24/7, LLC Rules at any time and for any reason. The Member hereby
agrees to comply with and be bound by Viking Fitness 24/7, LLC Rules, as the same may be amended from time to time.
7. Representation of Viking Fitness 24/7, LLC. Member agrees that Member shall not, without the prior written consent
of Viking Fitness 24/7, LLC, hold himself or herself out publicly as representing Viking Fitness 24/7, LLC in any manner,
including, but not limited to, as a professional or amateur fighter, in martial arts or other combat tournaments, etc.
9. RELEASE OF LIABILITY.
(a) The Member acknowledges that participation in some activities of their choosing, involves intense, stressful and
strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or
emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue
damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The
Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the
activity.
(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with
exercise that member is hereby assuming such risks voluntarily.
(c) The Member hereby releases and agrees to indemnify and hold Viking Fitness 24/7, LLC and its officers, directors,
managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and
liabilities of any kind or nature arising out of, or related to, member’s participation in Viking Fitness 24/7, LLC’s including,
but not limited to, any claims based on Viking Fitness 24/7, LLC’s negligence.
(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any
injury or damage suffered as a result of attending Viking Fitness 24/7, LLC classes or participating in the martial arts.
alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure
against such injury or damage. The Member further certifies that the Member has no medical condition which could
interfere with the Member’s safe participation.
10. Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by
facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the
same agreement.
11. Entire Agreement: This Agreement constitutes the entire agreement between the Member and Viking Fitness 24/7,
LLC with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and
understandings with respect thereto, whether oral or written.
12. Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be
illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree
to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent
possible, the economic, business and other purposes of such void or unenforceable provision.
13. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the Viking
Fitness 24/7, LLC’s legal jurisdiction, without regard to principles of conflicts of law.
14. Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations
hereunder, without the prior consent of Viking Fitness 24/7, LLC. Viking Fitness 24/7, LLC may assign this Agreement
and/or its rights and obligations hereunder in its sole discretion.
15. Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this
Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of
such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable
law that are not permitted to be waived under applicable law.
16. Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding
upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is
intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any
rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this
Agreement.
17. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
18. Arbitration. Any dispute arising out of, or related to, this Agreement shall be resolved by and through an arbitration
proceeding conducted under the auspices of the (Arbitration body) in (General area of arbitration), and the parties hereto
hereby irrevocably agree to submit any such dispute solely and exclusively to (Arbitration body). The arbitration
proceeding shall be conducted under the commercial arbitration rules (formal and informal) of the (Arbitration body) in as
expedited a manner as is then permitted by such rules. Both the foregoing agreement of the parties
to arbitrate any and all such disputes, and the results, determinations, findings, judgments or awards rendered through any
such arbitration shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court
of competent jurisdiction.
19. Attorneys’ Fees; Cost of Collection. In the event of any dispute arising out of this Agreement, the prevailing party
shall be entitled to reimbursement of its costs and expenses, including, but not limited to, attorneys’ fees and costs of
enforcement. In addition, in the event Member does not pay any amount payable hereunder when due, Member shall pay
any and all collection costs, including, but not limited to, reasonable attorneys’ fees and costs, incurred by Viking Fitness
24/7, LLC.
By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has
read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and
conditions.
YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS
DAY AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS
AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT
YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE
SENT TO:
Viking Fitness 24/7, 106 Broadway Avenue, Hanska, MN 56041
Authorized Signature of Member: ______________________________________________ Date___________________
Club Manager Signature: ____________________________________________________ Date ___________________