PAYMENT AUTHORIZATION.  By signing or electronically submitting this Agreement, you have authorized Julius, Inc., doing business as 24/7 Fitness & Tanning, to electronically charge your bank account or credit card for your monthly dues (preauthorized debit or credit card charge) on a month to month basis for the period of membership selected.  If 24/7 Fitness & Tanning is unable to collect your monthly dues for any reason, your account may be double billed the following month and an administrative fee in the amount of $20.00 may be added to the charges without any further notice to you.  If your monthly dues payments are delinquent for two (2) consecutive months, the remainder of any balance will be payable in full to avoid interruption of services.  Your account will be billed on the 1st or 15th of each month (whichever is closest to your enrollment date) for the amount of membership selected.  24/7 Fitness and Tanning will charge your bank or credit card as specifically set forth below:   (In website, insert section with blanks for inserting specific bank account or credit card account information necessary process billing each month) CONSUMER’S RIGHT TO RESCIND.  YOU MAY RESCIND THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOU RESCISSION TO BE DELIVERED IN PERSON OR POSTMARKED BY UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS AGREEMENT IS ENTERED INTO (THE DATE YOU SIGN OR ELECTRONICALLY SUBMIT THIS AGREEMENT) TO 24/7 FITNESS & TANNING AT THE FOLLOWING ADDRESS kaleb@24-7fitnessandtanning.com / PO Box 163, Mesa CO 81643 / 103 Main street, Collbran, CO 81647.  ANY SUCH NOTICE OF RECISSION MUST BE ACCOMPANIED BY ANY CONTRACT FORMS AND FACILITY ACCESS CARDS OR KEY ISSUED TO YOU.  IN THE EVENT OF RESCISSION OF THE AGREEMENT PURSUANT TO THIS PARAGRAPH, ANY PAYMENTS MADE BY YOU WILL BE REFUNDED WITHIN 15 DAYS AFTER 24/7 FITNESS & TANNING RECEIVES YOUR NOTICE OF RESCISSION. MEMBERSHIP QUALIFICATIONS.  Any individual 18 years or older, of responsible character, and financially responsible, without regard to race, sex, ethnic background or religion, is eligible for membership at 24/7 Fitness & Tanning, subject to approval of 24/7 Fitness & Tanning in its sole discretion.  Minors under the age of 18 years may join only if a responsible parent 18 years or older co-signs this Agreement and the minor is accompanied and at all times supervised by a responsible adult member 18 years or older while present at the facility.COMPLIANCE WITH RULES.  I agree to abide by all club membership rules and regulations which may accompany this Agreement, be posted at the facility or issued orally and which may be amended from time to time in the sole discretion of 24/7 Fitness & Tanning.  I agree that improper or unauthorized use of the facility may result in member suspension or cancellation of my membership.  24/7 Fitness & Tanning may suspend or cancel the rights, privileges and membership of any member whose actions are detrimental to the enjoyment of the club’s facilities by other members or for failure to comply with this Agreement or the club rules and regulations and may charge a fine of $100 for each violation. NO SUPERVISION.  You are purchasing a membership at a facility that allows you access at any time.  As such, you are aware that there will be no supervision or assistance.  You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, or become otherwise disabled in any way there will likely be no one to respond to your emergency and that this facility has no duty to provide assistance to you.  Even though this facility may be equipped with surveillance cameras it is likely that should you require immediate assistance none will be available or provided.  Persons under the age of 18 years must be at all time supervised by a responsible adult 18 years of age or older while present at the facility.   ACKNOWLEDGMENT OF RISK AND WAIVER OF LIABILITY.  I hereby voluntarily assume all risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the facility and, for myself, and my family, heirs, personal representatives, successors, assigns, and insurance carriers, and any and all others claiming by or through me, I hereby release, indemnify and agree to hold harmless the facility and its owners, officers, directors, employees and agents from any and all liability, demands, claims, actions, causes of action, (including, but not limited to, negligence and breach of contract), judgments and decrees whatsoever, and any and all other legal redress I might have, including all costs and attorneys’ fees, of any kind, that might arise out of my use of the facility and participation in activities at the facility, which may include the risks listed above, those listed below in this Agreement regarding use of tanning devices, and/or those which are not listed in this Agreement but which otherwise might be involved.  I represent and certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at the facility.  I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the owner.  This waiver, release and indemnification agreement includes, without limitation, all injuries or death which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any activity or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility or on the facility premises, including adjacent sidewalks and parking areas.  I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a release of liability.  For myself and my heirs, executors and assigns I acknowledge and agree that I have been fully informed of and acknowledge, assume and accept the risks inherent in the use of the facility.   NO ASSIGNMENT OR TRANSFER.   I understand that this Agreement is personal to me and I am not permitted to assign my rights under this Agreement to anyone else without the prior written consent of 24/7 Fitness & Tanning.  I further understand that if an assignment of this Agreement is approved there will be an administrative membership transfer charge of $10.00 and the assignee must sign a new membership Agreement for a minimum one (1) month membership.  I understand that following any such assignment I must surrender my key card to the assignee and my membership Agreement will terminate.  I expressly acknowledge that I am not permitted to invite or authorize any other person to use the club’s facilities pursuant to this membership Agreement, which is personal to me; but I may allow access to persons for the limited purpose of enrolling them in a new membership. ADDITIONAL RIGHTS TO CANCELLATION.  In addition to the recission rights set forth above, either you or your estate may also cancel this Agreement for any of the following reasons:   (a) You become totally physically disabled as determined by a licensed physician or advanced practice nurse for the duration of this membership Agreement;   (b) In the event of your death;   (c)  If the health club services to be provided under this Agreement are not available because 24/7 Fitness & Tanning fails to open a planned health club at a location, permanently dis- continues operation of a health club or location, moves to a location which is more than five (5) miles from the current facility, or substantially alters the quality of the health club services or facilities or the nature of the benefits so they no longer conform to the provisions of this Agreement;   You or your estate can only exercise this additional right of cancellation by delivering written notice of cancellation to 24/7 Fitness & Tanning.  In the event of any such cancellation, all monies paid by you pursuant to this Agreement shall be refunded with the exception of that portion of the total contract price that represents the amount of time that the services or facilities were used or made available to you prior to cancellation.   TANNING DEVICE CONSUMER WARNING.  Tanning devices present danger from ultraviolet radiation.  You must follow all instructions when utilizing tanning devices.  You must avoid overexposure to ultraviolet radiation.  As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions.    •  Increased sensitivity to ultraviolet radiation may result if you are using the following     photosensitizing classes of medications or cosmetics:}  acne treatment }  estrogen and progesterone }  antibacterials   }  melanogenics  } antibiotics }  perfumes and toilet articles }  anticonvulsants  }  tranquilizers  }  antidepressants  }  antihistimines }  dyes }  antimicrobial/anti-infectious agents   To view a representative list of potential photosensitizing drugs, please ask the facility operator to see a copy of the booklet “Medications That Increase Sensitivity to Light,” or consult your doctor.   • Exposure to ultraviolet radiation may have negative health effects including:  }  Increased risk of skin cancer/melanoma, especially when a painful blistering  sunburn has occurred prior to the age of }  Increased risk of skin thickening and premature aging }  Possible activation of some viral conditions (such as cold sores) }  Possibility of skin burning or rashes especially if using the above medications  or cosmetics   If you are using photosensitizing medications, have a history of sun sensitivity or have a history of sun related skin problems, you are advised not to use tanning devices.   Know your skin type; different skin types react differently when exposed to ultraviolet radiation.  Reactions may vary from normal tanning in very dark complected individuals (Skin Type VI) to burning in fair completed individuals (Skin Type I).   If you do not tan in the sun, you are unlikely to tan from the use of this product.   Protective eyewear is required with both ultraviolet-A (UVA) and ultraviolet-B (UVB) systems; closing your eyes is not sufficient.  Failure to ear protective eyewear may result in severe burns or long-term injury to the eyes.    Use of Tanning devises is not advised if you:  }  are using photosensitizing medications  }  have a history of sun sensitivity }  have a history of sun related skin problems }  are pregnant  }  have a photosensitizing disease, melanoma or other skin cancer   CHANGES IN DUES.  24/7 Fitness & Tanning will notify you at least 60 days prior to any increase in membership dues and you must provide at least thirty (30) days prior written notice of cancellation to terminate this Agreement if you do not want it to continue with the increased membership dues.   DELINQUENT ACCOUNTS.  If you fail to make any payment required under this Agreement within 30 days after it becomes due, it will be classified as delinquent, will bear interest at the rate of 18% per annum until paid, and you will be liable to 24/7 Fitness & Tanning for all expenses of collection, including court costs, reasonable attorney’s fees and any other collection costs or fees.   LOST KEY CARDS.  Upon commencement of your membership, you will be issued a key card which will allow you access to the facility.   If you lose or damage your key card, 24/7 Fitness & Tanning will charge a $10.00 replacement fee upon re-issuance of a new key card. GENERAL.  This Agreement represents the complete understanding between you and 24/7 Fitness & Tanning.  No representations, written or oral, other than those contained in this Agreement are authorized or binding upon 24/7 Fitness & Tanning.  You understand that you are obligated to pay your membership fee regardless of whether you use the facility.  You agree to promptly update 24/7 Fitness & Tanning of any changes of address, phone ad/or bank account/credit card information.  At the end of the term of this membership Agreement, if for greater than one month, it shall continue in effect on a month to month basis.  If this membership is month to month, or if this membership converts to a month to month term, you must provide at least thirty (30) days prior written notice of cancellation to terminate this Agreement.   I certify that I have read and understand all of the terms of this agreement and agree to abide by all of the terms of this agreement