At SBAC, there are no gimmicks, no hassles, just good customer service. In order to provide effective service we feel it is important that you clearly understand what your commitment is when you enroll at South Bay Athletic Club. Why is there a commitment? As a savvy business person knows, all healthy businesses need a plan in order to provide a good product. Your membership commitment allows us to plan programs, products, and services needed for our membership base and contract with our vendors for the best value in products and services. We want to provide you with great service and we start planning for it the day you join.
Listed below are the details of our membership agreement. Our agreement is a an agreement between our member and SBAC. There are no leases or middle man. It's our commitment to each other.
MEMBERSHIP TERMS AND CONDITIONSThis Membership Agreement is a license only granting you a revocable right toenter and use the South Bay Athletic Club (“SBAC”) facilities subject to the type of membership you have chosen on the front of this Membership Agreement, the terms of this Membership Agreement,and the Club Rules and Regulations.The Club Rules and Regulations control the use and operation of SBAC’s facilities and are posted at SBAC, and available upon request.SBAC reserves the right to change the Club Rules and Regulations from time to time by posting such changes at SBAC.In addition, your right to use the courts is subject to SBAC’s right, at the discretion of Management, to use the courts and the swimming pool for purposes of instruction, conducting racquetball courses for outside organizations and other related activities. If you are in breach of this Membership Agreement or you fail to follow the Club Rules and Regulations, SBAC may freeze your membership and provide you with 30 days written notice and opportunity to cure, or SBAC may cancel your membership if your fees are not paid.If you are in breach of this Membership Agreement, andyou do not cure your breach during the 30-day period, SBAC may immediately cancel your membership.If you are in breach of this Membership Agreement a second time, or violate the Club Rules and Regulations a second time, after being warned, whether in writing or orally, SBAC shall have the right to immediately cancel your membership even if the second breach or violation is different then the first breach or violation.In no event will SBAC be responsible to issue any refunds, except as provided for under the 3-Day Buyer’s Right to Cancel.No member shall have any propriety or membership right or interest in or to any SBAC, assets or finances.
MEMBERSHIP OBLIGATIONS PAYMENT OR DUES AND CREDIT CHARGES Your dues and credit charges are payable monthly via electronic funds transfer or automatic credit account charge in advance and shall be delinquent if not received by the tenth day of the month for which they are due. There will be a $10.00 charge if a statement must be generated to collect your dues.All members are required to satisfy any returned EFT payment, including a $20.00 returned item charge, within 10-days of return.Fees may be subject to increase.Notices of increases or changes will be posted in the facility.If you are having a problem with your payments, please contact SBAC immediately.Failure to do so may result in the balance of your membership becoming immediately due and sent to collections and membership being terminated for default.In addition, you will be responsible to pay all returned item charges and collection fees.SBAC is hereby authorized to use any means of collection for unpaid past due accounts including but not limited to collection agencies, credit bureaus, and authorizing credit card debits. All credit card chargeback rights are waived.
CANCELLATION PROCEDUREYou may cancel thisMembership Agreement, subject to the terms listed in this paragraph. All cancellations, except for the 5-Day Buyer’s Right to Cancel, require a 30-day written notice in advance of the next billing date.If membership is cancelled within the first 12 months, a $100 cancellation fee will be assessed.The cancellation fee and the final month’s dues will be immediately billed upon receipt of the cancellation request. Prepaid memberships are non-refundable.Billing is done on the 1st of each month. If your cancellation request is received with less than 30-days notice of the next billing date, you will be responsible for that next month’s dues.All cancellations must be received in writing with 30-day notice. Cancellations will not be accepted over the phone, internet, or verbally. A membership cancellation form is available and may be used for your convenience.All outstanding payments, charge accounts, etc by you or your authorized guests, must be paid and your membership card must be returned.A $6.00 fee will be assessed for non-returned cards. 5-DAY BUYER’S RIGHT TO CANCEL. If you wish to cancel this Membership Agreement within 5 calendar days of the date you sign it, you may cancel this Membership Agreement by coming into the club and signing a cancellation form or delivering or mailing by certified mail, returned receipt requested, written notice to this club.The club will process refund on a 5-day cancel within 30 days.The notice must clearly indicate that you are canceling this Membership Agreement. The notice must be delivered or mailed to South Bay Athletic Club, 271 Houret Drive, Milpitas, CA 95035, and must be received by SBAC within 3 days of the date you sign this Membership Agreement.After the initial term of this Membership Agreement, your membership shall continue on a month-to-month basis.This month-to-month membership can be canceled for any reason, with 30-day’s prior written notice.Except as stated in this Membership Agreement under the terms and conditions provisions above, SBAC will not cancel your membership without your written authorization.It is the member’s responsibility to confirm that cancellation request has been received, and to obtain their cancellation confirmation number for their records.If there is any error in canceling a membership, it is the member’s responsibility to contact SBAC immediately, and no more than 60 days from the intended cancellation date, so it can be corrected. Member initials:___________ Date:___/____/____
MEMBERSHIP CARD PROCEDUREYou are being provided with a membership card that you will need to present for access to SBAC.In the event you do not have your membership card, you will be required to show a picture ID to enter the club.Lost or damaged membership cards may be replaced for a $10.00 fee.
GUEST POLICYThe use of our facility is restricted to our paying members and customers to ensure a pleasant experience for each of you.All non-members and guests will be charged a guest fee.The guest fee may be applied to the enrollment fee if the guest joins the day of visit.For Liability reasons, all guests must complete and sign the guest register and a photocopy of their photo ID may be taken. Guest visits or passes are non-transferrable or refundable.
WAIVER OF LIABILITY / LEGAL TERMSI understand and agree that all exercise and actions I take at SBAC shall be undertaken by me at my sole risk, and except for SBAC’s negligence or willful misconduct, SBAC, its owners, employees, agents, and contractors shall not be responsible for any accidents, injuries, occurrences that occur to me. In addition, I understand and agree that SBAC, its owners, employees, agents, and contractors are not responsible for any loss or damage to my property that I may experience.I understand and agree that all lawsuits, claims, demands, actions, or causes of action, etc. (collectively “Lawsuits”) shall be subject to binding arbitration in the County of Santa Clara, and conducted by the American Arbitration Association (“AAA”).By agreeing to submit all Lawsuits to arbitration, I understand that I am forever waiving my right to a jury trial.I understand and agree for any breach of contract Lawsuit under this Membership Agreement, that neither SBAC nor I shall be entitled to collect more than the amounts that I have paid to SBAC in the six months prior to the event giving rise to the Lawsuit.I understand and agree that all breach of contract Lawsuits brought by either party under this Membership Agreement shall be brought within a one-year period of the date that it accrues. If a provision of this Membership Agreement, or portion thereof, is found to be invalid or unenforceable, it shall be omitted from this Membership Agreement without invalidating the remainder of this Membership Agreement. No term or provision shall be deemed waived unless such waiver or consent shall be in writing and signed by the waiving party.
Member Initials:______________Date:_____/_____/_____Thank you for your business!
South Bay Athletic Club - "Where Fitness is Fun" - 271 Houret Drive at Montague Expressway, Milpitas, CA 95035 408-946-0600 copyright 2006