Membership Agreement

Membership Agreement

Terms & Dues

This “Agreement,” which is an automatic renewal contract, is entered into between Next Level Ranges and the individual or entity signing this Agreement (the “Primary Member”). This Agreement becomes effective on the date signed by the Primary Member (the “Effective Date”).

  1. This Agreement is for an “Initial Term” of one-year, commencing on the date that the Primary Member makes payment for the membership (the “Payment Date”) at the plan level (individual, family, or corporate) and associated pricing level indicated on the “Receipt” generated to coincide with the Payment Date. Next Level Ranges does not offer a monthly or month-to-month membership.
  2. The application fee is a one-time charge, payable before the start of the Initial Term, and will not be charged at the beginning of a Renewal Term (defined below), unless the membership is cancelled or otherwise lapses for any reason, then a new application fee shall be due in order to restart membership.
  3. This Agreement is an automatic renewal contract, with the following automatic renewal terms.
  4. Unless the Primary Member terminates this Agreement by giving notice in person to Next Level Ranges membership director not less than thirty (30) days prior to the end of the Initial Term or a Renewal Term, this Agreement shall automatically renew for a successive term equal to the expiring Term at the same plan level, with an option for the Primary Member to elect a different plan level, each a “Renewal Term.” For example, if the Initial Term is a Family membership, then the Renewal Term shall automatically be a Family membership unless the Primary Member elects otherwise prior to the start of the Renewal Term.

By signing this Agreement, the Primary Member expressly consents to an automatic Renewal Term for the same term and at the same plan level as the expiring Term unless the Primary Member elects otherwise prior to the start of a Renewal Term as defined above.

  1. “Membership Dues” are to be paid in equal monthly installments over the period of the then applicable Initial Term or Renewal Term, with each payment due in advance each calendar month on the monthly anniversary of the Payment Date. Ex: A 1 (one) year Agreement signed January 1st will have first membership payment due Jan 1st, second payment due Feb 2nd, etc.
  2. The Primary Member may terminate this Agreement at any time, by giving notice in person to Next Level Ranges membership director not less than thirty (30) days prior to the requested termination date.
  3. In the event of a termination of this Agreement by the Primary Member at any time for any reason or no reason, other than as a result of the gross negligence of Next Level Ranges, the Primary Member shall pay a “Termination Fee” equal to the total of the Membership Dues for the remainder of the then applicable Initial Term or Renewal Term.
  4. Membership Dues may be paid by automatic credit/debit card charge. Should the Primary Member default on any payment, meaning the automatic payment fails, the Primary Member and any affiliated additional members forfeit use of Next Level Ranges until all past due payments are made. In the event of a payment default, in addition to the amount then due, the Primary member shall be charged a $15 late fee per defaulted payment.
  5. Membership is specific to the Primary Member and is not transferrable. In the event that the Primary Member elects a family membership, the additional members, as approved by Next Level Ranges, must be in a marital relationship with the Primary Member (meaning, a civil union, domestic partnership, marriage, or any other similar and legally recognized relationship) or a dependent of the Primary Member (meaning, living in the same household as the Primary Member, age 21 or younger, and dependent upon the Primary Member for their support).
  6. The Primary Member may, by giving in person notice to Next Level Ranges membership director not less than thirty (30) days prior to the requested change date, upgrade the plan level (for example, change from an individual membership to a family membership). Upon the effective date of such change, the pricing shall adjust to reflect that associated with the new plan level. The Primary Member shall be responsible to remit any corresponding increase in Membership Dues and/or application fee over that originally paid by the Primary Member.
  7. Next Level Ranges reserves the right to change membership pricing at any time. Any such change in membership pricing shall apply only upon the commencement of a Renewal Term and not during the Initial Term or during the course of a particular Renewal Term.
  8. Membership Dues are not based on use of Next Level Ranges facilities. Membership Dues will not be reduced or waived in the event that a Primary Member or additional member(s) does not regularly use the facilities.
  9. In its sole discretion, Next Level Ranges may temporarily close the facilities for maintenance, holidays, or other purposes and such temporary closure shall not reduce or waive Membership Dues. In the event that Next Level Ranges is required to close, due to governmental order, or as the result of a force majeure event, and such closure extends beyond thirty (30) days, Membership Dues will be reduced pro ratafor each calendar month after the initial thirty (30) days that the facilities remain closed.

GENERAL REGULATIONS

  1. The Primary Member and any affiliated member shall use the facilities only in accordance with this Agreement and the Next Level Ranges policies and rules as may be updated from time to time, and which are incorporated by reference into this Agreement. Members shall follow the instructions of Next Level Ranges staff.
  2. In no event shall the Primary Member or any affiliated member bring alcohol or illegal drugs onto the premises or into the facilities or enter or attempt to use the facilities while impaired by alcohol, drugs (legal or illegal), or any other impairing substance.
  3. Next Level Ranges reserves the right, in its sole discretion, to determine appropriate behavior in and use of the facilities and reserves the right to deny or restrict access to any of the facilities to anyone and/or to cancel membership at any time.
  4. Memberships are for the exclusive use of the Primary Member and their named affiliated members listed on the current Agreement and may not be used by any person not the Primary Member or a properly registered affiliated member.
  5. The Primary Member represents that the Primary Member and any affiliated members are covered under their own insurance policies, covering any personal injuries to themselves or which they may cause to others, or which may be caused to them by others. The member agrees to indemnify Next Level Ranges and deal directly with member’s own carrier, and not Next Level Ranges, on any claim.
  6. Any person using the facilities does so at their own risk. Next level ranges shall not be liable to any person for any claims, demands, injuries, damages, or causes of action due to injury to their person, or property, arising out of or in connection with the use by any person of the services and facilities or the premises, wheter caused by negligence or otherwise.
  7. All guests must present a valid guest pass and state issued photo identification to access the facilities. All guests must be at least 18 years of age or under the guidance of a parent or legal guardian. A guest fee may be required.
  8. All persons that sign this Agreement or any other Next Level Ranges document shall be presumed to be 18 years of age or older, or in the case of a minor, that the Primary Member is the parent or legal guardian of the minor member.
  9. The Primary Member and any affiliated member acknowledge that no oral promises or statements are part of this agreement.
  10. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Kentucky and the parties hereby consent to the exclusive jurisdiction of such courts.
  11. Severability. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.

I represent and warrant that I have read and fully understand the terms and conditions contained in this Agreement. I agree to be bound by the terms of this Agreement. I understand that this Agreement is an automatic renewal contract. I agree to pay, when due, all amounts that become due and owing pursuant to this Agreement.