Terms and Conditions

DPTRGV TRANSPORTATION, INC. a.k.a. DPTSI FIT Gym Terms and Conditions: All membership rules contained herein apply equally to members, temporary members, guests to our clubs and website users and visitors alike.

LEGAL GUARDIAN: Any Member who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) co-sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such Member hereunder and shall be bound by all terms and conditions of this Agreement.

 

GUARANTY: Any guarantor who signs below (“Guarantor”) guarantees the full payment of all amounts owed to DPTSI FIT Gym under this Agreement. This is a guaranty of payment and not collection and will be effective without notice of acceptance by the beneficiary hereof. This is a continuing guaranty. DPTSI FIT Gym may extend the time allowed for payment, modify this Agreement and release other parties to this Agreement without affecting the obligation of Guarantor hereunder.

WAIVER OF LIABILITY; ASSUMPTION OF RISK: Member acknowledges that the use of DPTSI FIT Gym’s facilities, equipment, services and programs involves an inherent risk of personal injury to Member and Member’s guests and invitees. Member voluntarily agrees to assume all risks of personal injury to Member, Member’s spouse, children, unborn children, other family members, guests or invitees and waives any and all claims or actions that Member may have against DPTSI FIT Gym, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury (and no such person shall be liable to Member, Member’s spouse, children, unborn children, other family members, guests or invitees for any such personal injury), including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, running tracts, swimming pools, hot tubs, courts or other areas of any DPTSI FIT Gym facilities including any offsite supervised or unsupervised programs or activities surrounding the DPTSI FIT Gym facility, (iii) injuries or medical disorders resulting from exercising at any DPTSI FIT Gym, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any DPTSI FIT gym facilities, including locker rooms, steam room, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. Member acknowledges that (x) DPTSI FIT Gym does not manufacture any of the fitness or other equipment at its facilities and (y) DPTSI FIT Gym does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither DPTSI FIT Gym, any of its subsidiaries or other affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify each of DPTSI FIT Gym International, Inc., its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any Losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member’s membership.

The Club: All reference to the ‘Club’ refers to DPTSI FIT, its staff, employees, sub-contractors, agents and representatives. Facilities refer to the gymnasium, showers, changing rooms and fitness studios where applicable. Members of the club are bound, as a condition of membership, to comply with the rules set out below. This is to ensure that the facilities are properly and safely used and that all members have full advantage of them without interfering with the enjoyment of others. Membership: All memberships are Non-Transferable & Non-Refundable. All members must be over 16 to availability of facilities and services provided at DPTSI FIT. DPTSI FIT is a private members club and the management reserve the right to refuse membership to any individual without cause. References may be required on a case by case basis and Background checks may also be run on a case by case basis. Failure to pass a background check will result in membership termination and the refusal of entry again. Membership may be renewed on payment of the prevailing fee and in accordance with the terms and conditions then in force. By joining the club, members automatically accept and agree to be bound by these conditions of membership. The club may withdraw use of all or part of the club for the purpose of undertaking maintenance work or any other work considered necessary for a maximum period of seven working days. All members must scan their phone for check-ins and access to the class on each visit to the club. Entry will only be permitted to those with a valid membership, in date and in credit. If you have an amount due to be paid on your account you won’t be able to enter the building. As a member you agree to comply with the rules of the club with regards to use of the facilities, opening hours and your conduct. The club may make reasonable changes to these rules, from time to time, provided the club gives advance notice of these changes. You may, at your own discretion and expense, obtain personal insurance for loss, injury or damage that you might sustain arising from use of the club. You exercise at your own discretion and accept any injury or illness brought on by exercise is your own responsibility. Members wishing to report on accidents, incidents, or problems with services at the club should contact the Duty Manager (simply ask at reception desk) or can email [email protected] in confidence. In the event of a breach of membership rules and regulations the Club reserves the right of admission and may reserve the right to require any member or guest to leave the premises. Any member found in breach of rules or committing an illegal act, including theft, will be asked to permanently leave the club and be barred from ever entering the club again. Purchases: You may be permitted to use the Company’s mobile application to order class packs. In order to do so, you acknowledge and agree that you must supply certain information relevant to your transaction to our third-party payment processor, MINDBODY Inc., including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address (the “Payment Information”). By providing the Payment Information, you expressly authorize us and/or our third party payment processor to charge the applicable fees to the payment method provided by you, as well as any applicable taxes and other charges incurred thereto. You agree that we (or our third-party payment processors) may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees. DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, MINDBODY, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. Contract Purchases may be subject to no carry over or non-refundable agreements as stated at time of purchase.CONTACT: Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that DPTSI FIT Gym MINDBODY Inc. including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to DPTSI FIT Gym and/or MINDBODY Inc. GENERAL: Member has joined the Home Gym designated on the reverse side of this Agreement (the “Home Gym”). DPTSI FIT Gym may allow Member to use other DPTSI FIT Gym facilities at its sole discretion. DPTSI FIT Gym reserves the right to add or eliminate locations and facilities available to Member. The hours of operation will be set by DPTSI FIT Gym and may be changed at any time in its sole discretion. DPTSI FIT Gym expressly reserves the right to add to, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information on this Agreement is the property of DPTSI FIT Gym and its subsidiaries. Membership does not confer on Member any ownership interest in DPTSI FIT Gym or any of its property. RULES AND REGULATIONS: Member acknowledges the existence of and the need for rules and regulations governing use of DPTSI FIT Gym’s equipment and facilities and participation in programs and services (the “Rules and Regulations”). Member acknowledges receipt of a copy of the Rules and Regulations and agrees to comply with the Rules and Regulations as presently in effect or as they may hereafter be modified, amended or supplemented. DPTSI FIT Gym reserves the right to modify, amend or supplement the Rules and Regulations from time to time in its sole discretion. DPTSI FIT Gym may cancel Member’s membership at any time for breach of the Rules and Regulations or generally undesirable behavior, as determined by DPTSI FIT Gym in its sole discretion, and Member will not be entitled to a refund of any portion of initiation fees or dues paid to the date of cancellation. Opening Hours: The club reserves the right to vary the opening hours as considered necessary for the proper operation of the center. POSTING OF PETITIONS, NOTICES, ETC.: The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near DPTSI FIT Gym’s facilities, unless such a document is first submitted and approved by the management of DPTSI FIT Gym. LIABILITY FOR PERSONAL PROPERTY: DPTSI FIT Gym shall not be liable to Member or any of Member’s guests or invitees for any personal property that is damaged, lost or stolen while on or around DPTSI FIT Gym’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. Member shall be liable to DPTSI FIT Gym for any damage to DPTSI FIT Gym’s facilities and any equipment, furniture or fixture located thereon caused by Member or any Member’s guests or invitees. Lockers are provided for the use of members and their guests. LOCKERS: Lockers may not be used overnight. Members who do so are liable to find that the lockers are opened, and locker contents removed. Removal of such items is strictly at the members own risk. In the interest of safety and security please use the lockers provided. The club will have no liability for goods taken from the changing rooms or lockers. Lockers are limited and will be used as a first come, first serve basis daily. Guests: Guests of members are welcome to use the facilities & services of the club, by purchasing a 1 class gym pass online. Guest Class Passes can also be purchased using cash/debit/credit card at the reception desk. There is no limit to the number of class passes a person can purchase/use. Safety & Hygiene: Throughout the course of your membership with the club, regular health and medical screening should be sought from your General Practitioner. Before using the fitness facilities, you should go through a basic introductory session with one of the fitness staff, followed by further sessions (as necessary) to ensure that you understand the equipment and adopt a safe training regime that suits your needs. The booking of this is your responsibility and necessary to be done before the completion of your first month of membership. It is necessary that all members and guests of the club wear appropriate, clean attire and footwear when using the studio and gym. If you feel dizzy, faint, unwell or feel any unusual pain then you must stop exercising and inform a member of staff immediately. Members cannot train in the club without a self-provided hand towel. In the interest of hygiene members must wipe down each piece of equipment after use. Studio users are advised to inform the instructor of any injuries, pains, or concerns prior to the class starting.

HEALTH REPRESENTATIONS AND AGREEMENTS: Member represents and warrants to DPTSI FIT Gym that Member is in good physical condition and has no medical reason or impairment that could prevent Member from his or her intended use of DPTSI FIT Gym’s facilities. Member acknowledges that DPTSI FIT Gym has not given Member any medical advice before Member joined DPTSI FIT Gym and cannot give Member any such advice after Member joins DPTSI FIT Gym, whether related to Member’s physical condition and ability to use the facilities and services of DPTSI FIT Gym or otherwise. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s physician or other health professional before using DPTSI FIT Gym’s facilities. Paid in Full membership agreements with DPTSI FIT Gym are NON-REFUNDABLE and NON-TRANSFERABLE. MISCELLANEOUS: (i) This Agreement shall be governed by the internal laws of the State of Texas without regard to principles of conflicts of laws, (ii) this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (iii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of DPTSI FIT Gym. Consent may be withheld in DPTSI FIT Gym’s absolute discretion, (iv) if any term or provisions of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable and (v) all notices permitted or required to be given to DPTSI FIT Gym hereunder shall be given by personal delivery to the DPTSI FIT Gym or by certified mail, return receipt requested, addressed to DPTSI FIT Gym, 9120 North 23rd Street, McAllen, TX 78504. ARBITRATION. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently MINDBODY. MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. E-SIGN CONSENT. Certain laws and regulations may require DPTYSI FIT Gym and/or MINDBODY Inc. to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that DPTSI FIT Gym and/or MINDBODY Inc. may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting DPTSI FIT Gym and/or MINDBODY Inc. and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of DPTSI FIT Gym and/ or MINDBODY Inc. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with DPTSI FIT Gym and/or MINDBODY Inc., and to promptly notify DPTSI FIT Gym and/or MINDBODY Inc., of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of DPTSI FIT GYM and/or MINDBODY Inc. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then DPTSI FIT Gym and/or MINDBODY Inc., will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to DPTSI FIT Gym and/or MINDBODY Inc. Your Rights and Responsibilities Using Our Website/mobile App: When you use this website, you agree to abide to civil, commercial, intellectual property, communications and liable laws which apply in the United States of America, regardless of your location. Failure to do so may result in legal action in a Texas Federal court and possible extradition for offences. In addition to these laws, and our privacy policy we wish to reaffirm the following rights: Terms and Conditions for accessing this website/mobile App: 1. By using this site you agree to be legally bound by these terms and conditions. If you do not agree to be legally bound by all the following terms you should not access and/or use our website or communicate in any way with the server hosting this website, namely, but not limited to,www.dptsi.org 2. Henceforth in this legal declaration, you the website user, or associated parties will be known as either ""you"" or ""the client"". We, DPTSI FIT will be known as ""We"", ""Us"" or ""Our Company"", our general or individual assets will be addressed by the prefix ""Our"". 3. You agree that we reserve the right to change these, or any, terms and conditions, content and/or declarations without prior notification, and changes made come into immediate effect upon being presented here. When such changes are made, you may revoke your agreement by engaging with our company online using this or any website or continue to accept such changes. Lawful Use: 1.You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use our websites content appearing on our website, or any other media, in any way except for your own personal, non-commercial use. Any other use of such content requires permission of our company (contact details available in our privacy policy). 2.You agree only to use our website/mobile App, and associated services for completely lawful purposes, in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this site by any third party. Prohibited behavior includes but is not limited to defamation, damaging the security of our website/mobile App, harassing or causing distress or inconvenience to any person, damaging content on our website, transmitting obscene or offensive content or anything which may affect the effective operation of our website/mobile App. 3.We reaffirm, hacking, damaging or otherwise compromising the security of this website is highly unlawful under Texas law, and hence will be treated as criminal damage in an Texas court of law. Disclaimers/Limitation of Liability: 1. Our websites/mobile App content, is provided on a ""As Is"" and on an ""voluntary access"" basis without any representations or any kind of warranty whether express, implied or statutory of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 2. Our company will not be liable for any damages, including consequential damages, or any damages arising from the loss of use, interruption of trade, financial loss or damages, whether in contract, negligence or other tortious action, arising from or in connection with the use of our website. 3. We refuse to accept any responsibility for the failure and/or actions of third parties, and content and communication interception which may occasionally occur using our website/mobile App or associated services. Third Party Content: 1. Any third-party content hosted or otherwise presented on our website is copyright of it's respective owners. We do not accept liability for any loss or damage in transmission of such content and in turn do not accept any liability for how content may be misused by our website’s users. 2. If you notice any third party, unauthorized content displayed on our website/mobile App or otherwise communicated or transmitted by our company, please contact us (details available in our privacy policy). Third Party Sites/Links: 1. Our company not responsible for the availability or content of any third-party websites or material accessed through our website/mobile App. We purposely do not monitor third party content available through third party websites and/or links as a disclaimer of liability for such content. 2. Our company does not endorse, and shall not be held responsible for any content, advertising, products, services, or information on or available from third party sites. Third party sites linked through our website are not covered by our terms of service, and hence you must review their policies appropriately. Disclaimer Of Liability For Legal Declaration: 1.If any provisions of these terms and conditions are found to be illegal, outdated, less legally preferable in a legal action or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect. We refuse to accept liability for parties who do not make us openly aware of faults and later deny such observations in legal action - Access our website at your own, sole risk and liability without exception. These terms shall be governed by and interpreted in accordance with the laws of the United States of America.