Membership Agreement Policies

Notice of Claims and Defenses

Any holder of this Membership Agreement or Note is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Membership Agreement

This Membership Agreement (“Membership Agreement”) is made as of this _________ day of __________, 20__ by The Sporting at the Bellevue (hereinafter referred to as “The Sporting Club”), and ___________ (hereinafter referred to as “Member”).

The parties, intending to be legally bound, agree to the terms and conditions set forth on the immediately preceding page, and as follows (including, but not limited to the rules and regulations set forth below):

Article I - Membership

Provisions: The classification of members, the amount of dues payable by the members of each class, the amount of initiation fees, the suspension and expulsion of members, and all other matters affecting or relating to the members or the membership shall be under the complete control of The Sporting Club. The dues applicable to any type of membership and any other charges imposed by The Sporting Club may be amended from time to time and at any time without notice to the member.

Nondiscrimination Policy: It shall be the policy of The Sporting Club to accept applications for membership from any individual or business of good character and responsible credit background without regard to race, creed, color, sex, gender identification, or national origin.

Article II – Classification of Members

Individual Membership: Individual membership shall consist of individuals, whether or not married, having the privilege to use all available facilities of The Sporting Club upon payment of the initiation fees, dues and completion of the Membership Application and execution of this Membership Agreement. A spouse or children shall not be entitled to the rights and privileges of this class of membership except as guests.

Change of Membership: Members that request a change in their membership classification MUST submit a written request, delivered to the sales office, and will be subject to the policy(s) and additional fees (if any) pertaining to the request. If additional initiation fees are required, they must be paid in advance before the application can be changed.Members agree to pay current charge for monthly dues of the requested membership classification.

Article III – Dues and Other Charges

Initiation Fees: All members shall pay an initiation fee of which the amount, manner, and time of payment shall be established by The Sporting Club and may be changed from time to time and at any time.

Dues: The Sporting Club shall, from time to time, and at any time, determine the amount and terms of payment of dues which shall be payable by the members on the first (1 st) of the month. The obligation to pay dues is not dependent on the availability of all The Sporting Club’s facilities. Tournaments, repairs, and/or maintenance to The Sporting Club’s facilities may make it necessary for The Sporting Club to restrict use of one or more portions of the facilities or to temporarily close The Sporting Club.

This Membership Agreement will automatically continue from month-to-month at the prevailing membership rate, which is subject to change.
Late or Returned Item Charges: A $25.00 late fee will be assessed to any member for a returned check or electronic fund transfer as a result of insufficient funds, account closed, or similar circumstance.

Delinquent Accounts: Members failing to make payment within ninety (90) days of any due date will be classified as delinquent and will be responsible for all collection costs including attorney and other collection fees.

Prepaid Dues: Prepaid dues are refundable within thirty (30) days of written notice of cancellation this Membership Agreement.

Article IV - Termination and Suspension of Membership

Voluntary Resignation: At any time a member may resign from The Sporting Club by being in good standing with all membership dues paid up to date, and giving thirty (30) days advance written notice to (x) The Sporting Club at 220-224 South Broad Street, Philadelphia, PA, 19102 or (y) cancel@sportingclubbellevue.com, in either case, of cancellation of this Membership Agreement. Such voluntary resignation SHALL NOT be deemed effective until after the expiration of the thirty (30) day notice period AND payments have been made by the member to The Sporting Club. Subsequent to his/her/their voluntary resignation, a member shall not be subject to any further dues or other charges.

Involuntary Termination: The Sporting Club reserves the right at any time to terminate the membership of any member for failure to comply with any of the Rules and Regulations adopted by The Sporting Club or for conduct The Sporting Club determines to be improper or contrary to the best interests of The Sporting Club. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by The Sporting Club. The membership of any member who is ninety (90) days in arrears in his/her/their account to The Sporting Club may, at the option of The Sporting Club, be terminated by The Sporting Club without notice.

Leave of Absence: In order for a leave of absence to be accepted, a member must be in good standing with all membership fees paid up to date, and written notification must be delivered to the billing office or via e-mail to freeze@sportingclubbellevue.com by the twenty fifth (25th) of the current month for a freeze to be in effect for the following month. There will be no dues during your absence for a maximum of three consecutive months. The freeze will begin and end on the first (1st) of the specified months; provided, however, members may only freeze their membership once in any consecutive 12-month period. When the leave of absence expires, the membership dues automatically reinstate at the full price. During a leave the member cannot use the facility. For a medical leave of absence a doctor’s note must be provided and then account can remain on freeze for a maximum of six months; provided, however, a member is entitled to only one medical leave of absence during any consecutive twelve (12) month period.

Article V - Waiver of Liability and Release of the Sporting Club

Member hereby agrees and acknowledges that:

1. Member has no physical or mental condition that would impair member’s ability in any manner whatsoever to use the sporting club facilities, programs, and equipment, and participation in the sporting club sponsored outside activities or events. Member acknowledges that the sporting club did not give member medical advice before member joined and cannot provide medical advice after member joins. The sporting club does not give members advice relating to their physical condition or ability to use the facilities. If member has any health or medical concerns now or after member joins, member should discuss them with member’s doctor prior to using the facilities.

2. Member and member’s guests shall use the sporting club facilities, programs, and equipment and participate in sporting club sponsored outside activities or events at member’s and guests’ own risk. Accordingly, member and member’s guests shall assume full responsibility for all risk of bodily injury, death, disability, mental injury, economic loss, or any other damage to member, or property damage that may result out of member and member’s guests’ use thereof. Accordingly, the sporting club shall not be liable for any injuries, death, disability, property damage, economic loss, or any other damage to member, any other member or guest, or the property of the member, any other member or guest, or be subject to any claim, demand, injury, or damages whatsoever. The sporting club shall not be responsible or liable to member or their guests for articles damaged, lost, or stolen in or about the sporting club, or in lockers, or for loss or damages to any property including but not limited to automobiles and the contents thereof. Member further acknowledges, understands, and agrees that the sporting club does not manufacture fitness or other equipment or products in its facilities and therefore the sporting club shall not be held liable in any manner whatsoever for any and all defective equipment or products. Member further represents and agrees that the sporting club is not liable to member or such member’s guests for any personal property that is damaged, lost, or stolen on or around the sporting club’s premises including, but not limited to, the contents or any property left in a locker. If a member, a member’s dependent children or member’s guest causes any damage to the sporting club’s property, the member is liable to the sporting club for its costs of repair or replacement.

3. On behalf of member, and member’s heirs, assignees and personal representatives (collectively referred to as “releasors”), member hereby covenants not to sue, and releases and forever discharges the sporting club, its officers, employees, members, agents, owners, directors, lessees, and the like (hereinafter collectively referred to as “releasees”) from any and all claims, demands, damages, rights of actions or causes of actions, present or future, whether known, anticipated or unanticipated, resulting from or arising member’s out of use of the sporting club facilities, programs and equipment, and/or sporting club sponsored outside activities or events including, but not limited to, personal, bodily or mental injury, disability, death, economic loss, property damage, or any other damage to member, regardless of whether caused by the negligence of any or all of the releasees.

4. On behalf of all the releasors, releasor further releases all releasees from any claim whatsoever on account of first aid, treatment or services rendered during the use of the sporting club’s facilities, regardless of whether caused by negligence of any or all of the releasees.

5. Member agrees to indemnify the releasees and each of them for any loss, liability, damage, including legal fees, and costs releasees may incur as a result of or arising out of member’s or member’s guest’s use of the sporting club facilities (including, but not limited to, use of the equipment) and/or sporting club sponsored outside activities or events, regardless of whether caused by the negligence of the releasees.

6. Member agrees and acknowledges that the foregoing release of liability and assumption of risk is intended to be as broad and inclusive as permitted under the laws of the Commonwealth of Pennsylvania and that if any provision of this Article V is held invalid, the other provisions of this Article V shall remain in full force and effect.

7. Member further states that member has carefully read the foregoing waiver and release provisions and signs it voluntarily as member’s own free act, and agrees that except as otherwise expressly set forth herein, the sporting club has made no other representations, statements, or inducements, express or implied, written or oral.

Article VI – Medical Examinations

All members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any program of strenuous new activity. If a proposed member has a history of heart disease, he/she should consult a physician before joining The Sporting Club.

Article VII - Cancellation & Refund Policy

This Membership Agreement may be cancelled by Member within three (3) business days of it being signed and Member receiving a fully completed copy thereof. Upon receipt of the foregoing notice of cancellation, The Sporting Club shall refund to Member all monies, including any initiation fee, paid under this Membership Agreement.

Member or Member’s legal representative may cancel this Membership Agreement if Member dies or becomes permanently disabled. A permanent disability means a condition which precludes the member from using one-third (1/3) or more of the facilities and the condition is verified by a physician. Upon receipt of notice of cancellation under this paragraph, the Membership Agreement shall be terminated in accordance with the terms and conditions of “Membership Cancellation” in the Rules and Regulations.

Notice of intent to cancel pursuant to the provisions set forth above in Article VII shall be given to The Sporting Club in writing, by certified mail, return receipt requested, bypersonal delivery to the billing office or sales office or via e-mail to cancel@sportingclubbellevue.com. All money to be refunded upon cancellation of this Membership Agreement shall be paid within forty (40) days of receipt of the notice of cancellation. If Member has executed a credit, lien or automatic fund transfer agreement to pay for The Sporting Club’s services, such negotiable instrument, credit or lien executed by the Member shall also be returned and any automatic transfer shall be cancelled within forty (40) days after the cancellation.

If Member has a temporary disability which precludes Member from using one-third (1/3) or more of The Sporting Club facilities and the disability is verified by a physician, Member may freeze this Membership Agreement at no additional cost for a period of time equal to the duration of the temporary disability in accordance with “Regular and Medical Leave of Absence (Freeze)” in the Rules and Regulations.

If The Sporting Club closes for thirty (30) days or less, Member shall receive an extension of the membership term equal to the period during which the facility is closed.

Under this Membership Agreement, no further payments shall be due hereunder to anyone and the Member may cancel this Membership Agreement, including any purchaser of any note associated with or contained in this Membership Agreement, in the event The Sporting Club closes for more than thirty (30) days and fails to offer a comparable alternate location within ten (10) miles of the location of The Sporting Club.

Article VIII – Facilities & Services

The Sporting Club reserves the right at any time and from time to time to remove, discontinue repair or replace the equipment and facilities available to members without any affect on this agreement. The Sporting Club also reserves the right to make changes to the type or quantity of equipment, programs or services offered to members and to alter the hours of operation in The Sporting Club’s sole discretion. The Member acknowledges and agrees that the equipment, programs and services currently available at the facility are subject to change from time to time and at any time and are offered on a “first come, first served” basis.

Article IX – Publicity and Photo Release

Member hereby grants to The Sporting Club the absolute and irrevocable right and unrestricted permission to use Member’s likeness, image, voice and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like (collectively, the “Material”), taken or made on behalf of The Sporting Club. Member agrees that that The Sporting Club has complete ownership of the Material and can use the Material for promotional, advertising, videos, news releases, websites and other social media in print, electronic, and any other medium. Member acknowledges that Member shall not receive any compensation whatsoever for the use of the Material and Member’s likeness, image, voice and/or appearance.

Member hereby releases and discharges The Sporting Club, its officers, employees, members, agents, owners, directors, licensees, successors, assigns and representatives, together with any company transmitting or exhibiting the Material from any and all claims and/or liability arising or resulting from the use of the Material and /or Member’s likeness, image, voice, and/or appearance, including, but not limited to, any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation.

The Sporting Club at The Bellevue Rules and Regulations

Monthly Payments

Billing payments are processed electronically through your checking account or credit card (Visa, MasterCard, Discover, or American Express are accepted). The Sporting Club is authorized to charge any amounts owed to The Sporting Club including, but not limited to, any membership-related obligations, retail transactions and online purchases to any form of payment that has been provided to The Sporting Club until such time as a member revokes authorization for such form of payment by written notification delivered to The Sporting Club or via e-mail to billing@sportingclubbellevue.com. All accounts are billed on the second day of the month. It is imperative that you inform the billing office of any changes that will affect your account at The Sporting Club. If for any reason your checking account, credit card or address should change, please notify the billing office immediately. If a change does occur and the billing office is not notified, it may result in the member’s account to appear to be delinquent. Members with a delinquency will be stopped at the front desk and will need to settle any issues with the billing office prior to admittance to the club. If a member’s credit card or debit card expires, The Sporting Club is authorized to obtain a new expiration date from the card issuer, if The Sporting Club chooses to do so, and/or to continue billing the card in accordance with the terms of the Membership Agreement (whether or not The Sporting Club has obtained a new expiration date). If payment in full is not received on the second day of the month, your account is considered past due and your membership will become inactive and admittance to the club will be denied until the issue is resolved.
The billing office is located on the first floor of The Sporting Club. The billing office hours are 9:00 am – 5:00 pm, Monday through Friday. You may reach the billing office by phone at 215-985-9876 or email billing@sportingclubbellevue.com.

Membership Identification

All members are required to check in and present their membership identification number (“MID”) upon entering The Sporting Club. All new members will be issued and have the option to download The Sporting Club app.

Fitness Membership Lockers

The locker usage is on a daily use only. Management will remove all locks that are still occupying the locker and remove the items at the end of each evening. The Sporting Club will not be responsible for the items inside the locker or the locks that are removed.

Executive Member Charging Privileges

If you are an executive member, you may have the privileges to charge The Sporting Club goods and services to your account. Those charges will automatically be deducted along with your membership dues from the billing information in The Sporting Club’s files. All payments are due on the second day of the month. If payment in full is not received by the second day of the month, the account is considered past due, and admittance to the club will be denied until the issue is resolved.

Proper Attire and Conduct

For the safety of all members, all members are required to wear shirts, workout clothing and athletic footwear throughout the facility. Jeans, khakis, flip-flops, sandals, and other outdoor attire are not permitted throughout the facility. Cell phone usage is not permitted in workout areas, and cameras, camera phones, and electronic devices are strictly prohibited in locker rooms.

Prohibition of Personal Training and Private Instruction/Lessons By a Member

A member shall not engage in providing personal training services to a member, guest or any other person. Such services by a member are strictly prohibited. A member’s violation of this rule will result in immediate cancellation of his, her, or their membership by The Sporting Club. Personal training and private instruction/lessons include, but are not limited to, golf, swimming, squash, basketball, pickleball or private fitness programs such as yoga, spinning and boxing. Determination of personal training and private instruction/lessons is at the professional observation of a staff member of The Sporting Club, in their sole discretion.

Regular and Medical Leave of Absence (Freeze)

In order for a leave of absence pursuant to Article IV of the Membership Agreement to be accepted, written notification must be given to the billing office by the 25th of the current month for a freeze to be in effect for the following month. Your request may be processed in person at the billing office or e-mailed to
freeze@sportingclubbellevue.com. You may also mail your request to us via certified mail. No requests for a leave of absence will be accepted over the phone . There will be no dues charged during your absence, however, a nonrefundable, one-time processing fee of $25.00 will be charged for freezing your account. If there is a balance due at the time an account freeze is requested, it must be satisfied before the freeze can be processed. A member can only freeze their membership once within a 12-month period for a maximum of three consecutive months. The freeze will begin and end on the 1 st of the specified month. When the leave of absence expires, the membership dues automatically reinstate at the full price on a month-to-month basis. During a leave of absence, the member cannot use the facility. For a medical leave of absence, a doctor’s note must be provided and the account can remain on freeze for a maximum of six months. The Sporting Club cannot back-date medical leaves, so please notify the billing office immediately at billing@sportingclubbellevue.com should medical reasons arise that prohibits your use of The Sporting Club. You may request to cancel during a freeze, but the account must be current and active in order to cancel. Once the account is active, the 30-day cancellation notice policy will apply. For questions regarding charges to your account please contact the billing office at freeze@sportingclubbellevue.com or 215-985-9876. Freeze requests over the phone will not be accepted.

Membership Cancellation

In order cancel Member’s membership, Member is required to give the billing office at least 30 days prior written notice as per the Membership Agreement. In order to process your cancellation request, you may visit the billing office, mail your request by certified mail to: Billing Office, The Sporting Club At The Bellevue, 220 224 South Broad Street, Philadelphia, Pennsylvania, 19102, or e-mail your request to cancel@sportingclubbellevue.com. Your notification must be received by the billing office by the 5th day of the current month to cancel for the 1st day of the following month. For example, if your notice or e-mail is received on or before April 5th, then your membership will cancel as of the 1st of May. If your notice is received on or after the 6th of April, then your membership will cancel 30 days from the date received by The Sporting Club and you will be charged pro-rated dues for the next billing cycle. Upon cancellation, you will be responsible to pay for any unpaid balance due and the final month’s dues. Please note, if you are set up for credit card draft or EFT, your account will be charged accordingly. Members are responsible for notifying their bank or credit card company of any error that appears on a member’s statement in a timely manner. Members must notify The Sporting Club within sixty (60) days of a claimed error on a member’s statement and failure to so timely notify The Sporting Club shall be deemed acceptance of the charge by the Member. If you have any questions, please email billing@sportingclubbellevue.com or call 215-985-9876.

Registration—Check-In

Members MUST check-in and present their membership scan card each time they use The Sporting Club. Members requesting access to The Sporting Club without their membership cards must present acceptable picture identification.

Guests

Guests may use The Sporting Club only when accompanied by a member and must sign in at the sales office. Members of The Sporting Club are responsible for the appropriateness of attire and conduct of their guests. A guest fee will be charged for each guest’s visit to The Sporting Club. The Sporting Club reserves the right to limit the number of guests to two (2) guests per member at any one time.

Attire and Equipment

For the safety of all members, proper attire is required for participants using The Sporting Club. No footwear other than athletic footwear may be worn on all courts. For the protection of members and their guests when using the pickleball courts and squash courts, the use of eye guards is recommended. No athletic attire shall be left in The Sporting Club overnight unless the member has a permanent rental locker on the premises.

Rules Not Inclusive

The rules contained herein are not inclusive. Amendments to The Sporting Club’s posted rules and regulations may be made from time to time and at any time as necessary.

Sporting Club Operation Schedule

The hours that The Sporting Club will be open are Monday thru Thursday 5:00am to 10:00pm, Friday 5:00am to 9:00pm, Saturday 7:00am to 7:00pm and Sunday 8:00am to 7:00pm. The Sporting Club will either be closed or will be open reduced hours on holidays. The Sporting Club reserves the right to change the scheduled operating hours by posting the new hours at The Sporting Club.

Children’s Procedures

Children are permitted to use the squash courts, basketball court, golf pavilion and swimming pool. Parents or guardians who are members must accompany their child upon entering The Sporting Club and remain with them at all times. Parents are required to complete a children’s waiver at the front desk before entering The Sporting Club. Children are NOT PERMITTED on the fitness floor, track or in the spa or locker areas. Children under eighteen years of age must use the family locker room with parental or guardian supervision at all times.

Member-Guest Privileges

1. All guests (including guests of executive members) must check into the Membership Office and complete the guest waiver and present valid photo identification prior to entering The Sporting Club. This must be done at the front desk or Membership Office.

2. The guest fee is $40.00. Guest fees are not refundable, however, if the guest joins within the first month he, she, or they use, as first time guest, The Sporting Club, the guest fee will be applied to the initiation fee.

3. Executive members are entitled to two one-day guest passes per month. Executive passes do not rollover from month-to-month or year-to-year.

4. Guests must be accompanied by their sponsoring member. The sponsoring member is responsible for the actions of his, her or their guest. Each guest (other than Hyatt guests) may only visit The Sporting Club once per calendar month.

5. A member may bring in a maximum of 2 guests per visit.

6. Guests must abide by the posted rules and regulations of The Sporting Club and the rules and regulations set forth in this Agreement.

7. Hyatt Guests are required to present their passport (issued by the hotel) that has the check in and out dates and register at our front desk. No other area hotel guests are permitted to use the club.

Member acknowledges receipt of a complete executed copy of this Agreement:

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date set forth below

THE SPORTING CLUB AT THE BELLEVUE

^{BUYER’S RIGHT TO CANCEL}
_{^{If you wish to cancel this membership agreement, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to this health club. The notice must say that you do not wish to be bound by this membership agreement and must be emailed before 12 midnight of the third business day after you sign and receive a copy of this membership agreement. The notice must be emailed to cancel@sportingclubbellevue.com. As set forth in this membership agreement, in some cases, you may also cancel this membership agreement if you signed it before the sporting club facility was completed, if the sporting club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, the sporting club may be entitled to a certain portion of the contract price. If the health club goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details, read the membership agreement carefully. Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the District Attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local District Attorney.
The sporting club will be open and available for use on or prior to September 1, 2023. You may cancel this membership agreement without penalty and receive a full refund, including any initiation fee, if the sporting club is not operational by September 1, 2023. You may cancel this membership agreement without penalty and receive a full refund, including any initiation fee, within three (3) business days after the sporting club opens or the member receives notice of its opening, whichever occurs later. The notice of cancellation must be emailed to cancel@sportingclubbellevue.com.}}