Terms and Conditions

(3 month commitment, followed by continuous 3 month dues)
I understand that, subject to the cancellation rights described in Paragraphs 1 & 2, my membership is for a minimum of 3 months. I understand that I may cancel my membership 30 days prior to the first anniversary of the contract start date. If I do not cancel my membership it will continue on a 3 month basis until I cancel it by giving The PAC Salem (The PAC), 30 days written notice prior to our next billing date (1st of the month).
1. CONSUMERS RIGHT TO CANCELLATION. YOU CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS AGREEMENT. Notice of cancellation shall be in writing signed by the Member and mailed by registered or certified United States mail to the 3855 Cascadia Canyon Ave. SE, Ste.120 The PAC facility, herein designated as 3855 Cascadia Canyon Ave. SE, Ste.120, Salem, OR 97302 (the Facility). Such notice shall be accompanied by this Agreement, Membership cards and any other documents or evidence of Membership previously delivered to the Member. All monies paid pursuant to this Agreement shall be refunded within fifteen business days of receipt of such notice of cancellation. If the Member has executed any credit or loan Agreement to pay for all or part of Memberships, any such negotiable instruments executed by the Member shall also be returned within fifteen days.

2. ADDITIONAL RIGHTS OF CANCELLATION: In addition to Consumers right to cancel as set forth In Paragraph 1 above, Member may also cancel this Agreement within the initial twelve month period for any of the following reasons: (i) If upon a doctors order, a copy of which shall be provided in writing to The PAC, Member cannot physically receive the services because of significant physical disability for a period in excess of six months; (ii) If Member dies, his or her estate shall be relieved of any further obligation for payment under this Agreement not then due and owing; (iii) If Member moves his or her permanent residence more than twenty-five (25) miles from The PAC; (iv) If the services cease to be offered in a substantial or material way as stated in this Agreement. Except to the extent that the Member shall be in default, all money paid pursuant to this Agreement if canceled for the reasons contained in this paragraph shall be refunded to Member within fifteen days of The PACs receipt of: (a) such notice of cancellation; provided, and (b) all supporting documentation reasonably requested by The PAC. The PAC may (i) require reasonable evidence for cancellation pursuant to the above reasons; (ii) retain the expenses incurred and the portion of the total price representing the services used or completed; (iii) demand the reasonable cost of goods and services which the Member has consumed or wishes to retain after cancellation of the Agreement; and (iv) deduct a $49 (forty-nine dollar) refund processing fee. In no instance shall The PAC demand more than the Total Membership Price from the Member. If the Member has executed any credit or loan Agreements to pay for all or part of health and fitness center services, any such negotiable instruments executed by the Member shall also be returned within fifteen business days. If Member cancels this Agreement pursuant to the Paragraph 2 (i) (doctors order) or this Paragraph 2 (iii) (change of residence), Member will provide The PAC with written substantiation of such grounds for cancellation.

3. PURCHASE OF MEMBERSHIP: The PAC agrees to sell and Member agrees to purchase on the terms and conditions set forth in this Agreement a Membership at the The PAC (Membership). The PAC in its absolute discretion reserves the right to refuse to sell or maintain a Membership to any applicant for any lawful reason. The PAC does not discriminate against any applicant or Member on the basis of race, religion, national origin, marital status, age (providing the applicant is of legal age and has the capacity to enter into a binding legal contract), sex, sexual orientation, disability, or any other prohibited basis.

4. MEMBERSHIP: The Membership isthe Terms of Membership. The Member shall be the sole owner of the Membership. The Membership is non-transferable. The Membership shall entitle the Member to the use of the Faciliy at times provided by the type of Membership purchased, as described on the Membership Options Card which is part of this Agreement. The Member acknowledges that the times, conditions, availability of the Facility may change from time to time for business, operational or other reasons. The PAC may adjust the times, conditions and availability of the Facility, in its sole discretion, with written notice to the Member.

5. NON-RECOUPMENT OF REGISTRATION FEE: Member understands and agrees that the Enrollment Fee paid by Member represents The PACs actual cost for (i) processing the Membership, including computer programming charges and ID card issuance; (ii) new Member orientation, including individual instruction and programming; and (iii) distribution of instructional and educational material. If Member cancels this Agreement after the fourteenth day of Membership, Member will not be entitled to a refund of any portion of the Registration Fee.

6. STANDARDS OF ACCEPTABLE BEHAVIOR: This Agreement is subject to the Standards of Acceptable Behavior established by The PAC, which is included with this Agreement and posted on The PAC website. The Member understands that The PAC reserves the right to set reasonable standards of acceptable behavior for the operation of The PAC and that standards of acceptable behavior The PAC will be changed or amended by The PAC in its sole discretion from time to time. Member agrees to abide by all rules and regulations promulgated by The PAC whether written or communicated orally. Failure to abide by the Standards of Acceptable Behavior may result in Membership suspension and/or termination.

7. THE PACS RIGHT TO SUSPEND OR CANCEL MEMBERSHIP: Member has been informed and understands that The PAC may suspend or cancel the Membership without refund in the event of (i) Members substantial breach of any of the provisions of this Agreement or of The PACs Standards of Acceptable Behavior (which has been provided to Member and Member acknowledges receiving); (ii) Members generally undesirable behavior, which shall be determined by The PAC in its sole discretion; or (iii) The PACs decision, in its sole and absolute discretion, to terminate the membership.

8. ADDITIONAL FEES: In addition to the Total Membership Price, Member shall also pay additional fees for towels (except where included in Membership), massage, lockers/overnight storage units, courses, consultations, certain classes, programs and services and for the use of certain equipment or facilities. The PAC reserves the right to increase the fees for the services described in this Paragraph and to include charges for other items which the The PAC mayprovide. Fees may be increased at any time without notice.

9. LATE CHARGES: Any payment not paid in full within five (5) days after its due date shall be subject to a $10.00 late charge and shall automatically cause the total unpaid balance owed by Member to become immediately due and payable without further notice or demand. No more than one late charge The PAC be collected on any one overdue payment regardless of the period of time the payment remains due and owing. This paragraph shall not abridge those rights of Member contained in Paragraph 1 and 2.

10. MEDICAL DISCLAIMER: The PAC urges all Members to obtain a physical examination from their physician prior to engaging in any physical activity at The PAC. In recognition of the possible dangers connected with any physical activity, Member hereby knowingly and voluntarily waives any right or cause of action of any kind whatsoever arising as the result of such activity from which any liability The PAC or could accrue to The PAC, its agents, officers, directors, employees or instructors.

11. NO CLAIMS BY The PAC AS TO MEDICAL RESULTS TO MEMBERS: Member understands that The PAC has made no claims as to medical results which Member might obtain through the use of The PAC and that The PAC has not and will not suggest any medical treatment(s) to Member. Member represents to The PAC that Member does not have any medical or physical condition which would prevent or preclude Member from utilizing all or any of The PACs equipment or facilities and that Member has not been instructed or advised by any physician not to use any of The PACs equipment or facilities. PLEASE TAKE NOTE THAT IF MEMBER HAS ANY CHRONIC PHYSICAL DISABILITY OR MEDICAL CONDITION, THE MEMBER MAY BE AT RISK IN USING The PACS FACILITIES.

12. MEMBERS RESPONSIBILITY AS TO USE OF FACILITIES: Member should consult with his or her physician before using The PACs services and facilities. Member may be required to produce a physicians waiver to participate in physical activity at The PAC. Member should understand and acknowledge that The PAC has no expertise in diagnosing, examining or treating any medical conditions. Member will not use the facilities with any medical condition, including without limitation COVID-19, open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a threat to public health or safety of Member or others and Member agrees to use the facilities in accordance with all applicable public health requirements. It is Members responsibility to consult a physician to determine if any of these medical conditions exist and, if so, whether such condition poses a direct threat to the health or safety of Member or others. Member represents that he or she has taken all reasonable actions to determine whether they suffer from any such condition and that, in fact, Member does not suffer from same. The PAC reserves the right however, to make the final determination in this regard in its sole discretion.

13. MEMBERS ASSUMPTION OF RISK: Member is aware that the use of The PACs facilities involves certain risk of injury and Member expressly assumes the risk and responsibility for any and all accidents, injuries of any kind and/or physical condition which may require medical attention which Member may sustain by reason of Members physical exercise and use of the The PACs facilities. Member hereby releases, discharges and absolves The PAC, its agents, officers, directors, employees and instructors, from any and all liability, loss, costs or expense (including attorneys fees and disbursements) incurred by Member as a result of any accident, injury and/or physical condition which may require medical attention except to the extent that same is caused by or results from the gross negligence or willful misconduct of The PAC, its agents, officers, directors, employees or instructors.

14. INABILITY OF THE PAC TO PERFORM: Member The PAC not cancel his or her membership or request time credit for a period of unavailability of facilities or equipment based on the malfunctioning of any equipment and/or facilities at The PAC.

15. VALUABLES AND PERSONAL PROPERTY: Members are urged not to bring valuables to The PAC. Member agrees that The PAC will not be liable for the loss or theft of, or damage to, the personal property of members or guests.

16. PERSONAL TRAINING: Personal Training is provided exclusively by employees or contractors of The PAC. Members or Members guests The PAC not provide personal training services or solicit clients at The PAC.

17. TOWELS: Towels will be available to Members and Members guests only for use at The PAC. Members may not take any towels from The PAC. If The PAC experiences a towel loss which is considered unacceptable, it reserves the right to terminate towel service, institute a towel fee or control the use of towels.

18. MISCELLANEOUS PROVISIONS: A waiver by either The PAC or Member of any term or condition of this Agreement in a particular instance shall not be considered a waiver of such term or condition for the future or of any other term, condition of provision of this Agreement. Member understands that this Agreement and the Standards of Acceptable Behavior represent the entire Agreement between Member and The PAC; that this Agreement The PAC not be changed, amended (subject to Sections 6 and 8) or any provision waived, except by a written document signed by Member and an authorized official of The PAC and that The PAC has made no representation to Member other than those expressly contained in this Agreement. In this connection, it is understood and agreed that employees and agents of The PAC are not authorized to make any change in this Agreement, except as provided herein, or to make any independent agreement or arrangements with Member. If any provision of this Agreement shall be held void or unenforceable, the remaining provisions shall continue in full force and effect.

19. MEMBERSHIP FREEZE PRIVILEGES: Member The PAC temporarily suspend any Membership the term of which lasts for twelve months or more (referred to in this Agreement as a Time Freeze) once during each Membership year for a period of not less than one (1) month nor more than six (6) months. Credit is issued in one month increments only. A Membership Freeze is effective only upon delivery of Members Membership card (the ID Card) to the FRONT DESK and written notification to the Membership Services Director. A Time Freeze cannot be requested retroactively. Any payments due from the Member remain payable during the Time Freeze period and the Members ID card will not be returned if such payments remain due and owing at the end of the Time Freeze. There is a monthly fee charged for each month of a Time Freeze. No payments for partial months will be accepted. All of the above provisions are in effect for a medical time freeze. A physicians letter authorizing return to exercise is required prior to resuming activities within the PAC facility. Access to the The PAC is prohibited while on a medical time freeze unless a patient of, and under the direct supervision of, an authorized representative of the onsite physical therapy practice, which is unaffiliated with The PAC. Regardless of any time freezes enacted, this agreement necessitates a 12 month commitment. A membership The PAC not be cancelled following a freeze month.

20. RENEWAL OF MEMBERSHIP: Member understands that following the first anniversary of the contract start date, the membership will automatically roll-over to monthly billing as detailed in the Terms of Payment; unless, member gives 30 days written notice prior to the first payment date. The PAC will give advance notice of your upcoming renewal roll-over date and the option to pre-pay for an additional 3 months at the prevailing rate.

I am the parent or guardian of a minor under the age of 18 consenting here for the minor in my care to receive fitness services. First-person pronouns throughout this document will refer to me as the legal guardian representing the minor in my care.
I, ____________________ (enter name), hereby agree that by signing this document, I consent to waive certain legal rights, including the right to sue the following party, and, if applicable, its owners, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to me during my participation in any of the fitness services (hereinafter, "Fitness Services") undertaken while under their instruction or thereafter: The PAC Salem (the "Fitness Provider").
I will be voluntarily participating in the Fitness Services that will be conducted by the Fitness Provider. These Fitness Services will include, but not be limited to the following:
Basketball skills training
Weight training
Agility and conditioning
Dribbling
Team play
The following is the identifying and contact information for me, the client ("Client"):
Client Legal Name: ________
Client Address:
________
Client Phone Number: ________
Client Date of Birth: ________
The following is the identifying and contact information of the Fitness Provider:
Business Address:
3855 Cascadia Canyon Ste 120
Business Contact Number: 5038888346
My initials below indicate that I agree with and understand the following:
________It is my responsibility to consult a physician before participating in this or any fitness program and I affirm that I have no medical conditions that would restrict me from participating in any of the Fitness Services.
________I agree to hold the Fitness Provider, and if applicable, its owners, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Fitness Services. Such injuries may include, but are not limited to, muscle strains, muscle sprains, muscle spasms, heart attacks, raised blood pressure, and broken, fractured, or dislocated bones.
________I agree that the Fitness Provider offers the Fitness Services with no guarantee of results. I agree that I am solely responsible to maintain the diet and fitness regime appropriate for my level of health and stamina, and I agree that any results that occur, whether positive or negative, are the effects of my own personal choices.
________ I agree that participation in the Fitness Services is not a replacement for actual medical care, and that if I do experience medical issues, I will contact my doctor immediately.
________I agree and verify that all of the information that I have given the Fitness Provider and its representatives is accurate, up-to-date, and without the omission of any known medical issues.
________I agree and verify that If I have omitted any necessary personal information, whether knowingly or unknowingly, I will hold the Fitness Provider harmless against all liability for any damages that may occur to myself or to others because of my actions or inactions.
________I agree to keep the Fitness Provider apprised of any changes or upcoming changes concerning my physical health and personal information.
________I understand and agree that it is my responsibility to let the Fitness Provider know if I find myself in any pain or discomfort before, after, or during the Fitness Services.
________If I do require medical treatment or attention while or after participating in the Fitness Services, I agree that the medical costs are mine and mine alone and hold the Fitness Provider blameless from any charges, fees, or costs that my conditions may incur.
This Fitness Services Waiver will bind and be enforceable against me and all of my personal representatives. I agree that this Fitness Services Waiver should be enforceable to the fullest extent of the law, and if any portion is held invalid, the remainder should continue in full legal force and effect.
I specifically acknowledge and agree that this document is not intended to be a general release, which would be limited under some state and local laws.
This Fitness Services Waiver shall be construed and interpreted as broadly as possible in the applicable jurisdiction.
COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by the PAC Salem social distancing must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, the PAC Salem has put in place preventative measures to reduce the spread of COVID-19. However, the PAC Salem cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in the PAC events and/or other face to face activities at our facility. By attending the PAC, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact the PAC at info@thepacsalem.com if he/she experiences symptoms of COVID-19 within 14 days after participating in our trainings at our facility.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation at The PAC, and I willingly engage in the PAC trainings and/or other activities (the Activity).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE PAC SALEM AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE RELEASED PARTIES), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at the PAC training or activity (Activity) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the The PAC Salem. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.


ASSUMPTION OF RISK. I understand and am aware that my participation in the Fitness Services involves risks. These risks may lead to tangible or intangible harm, and I agree that they may result not only from my own actions but also from the actions of others. With the knowledge and understanding of these risks, I choose, of my own will and volition, to continue participating in the Fitness Services.
I am also aware that there are risks that I may not have considered, yet I waive my right to any claims that may occur from these unconsidered risks and I choose, of my own will and volition, to participate in the Fitness Services.

COVENANT NOT TO SUE. I will not start any lawsuit or other court action against the Fitness Provider, nor will I join any such proceeding, including any claim for money damages. I acknowledge and agree that I am entering a covenant not to sue the Fitness Provider in any capacity, including to hold the Fitness Provider liable for any injury, loss, or damage sustained by me or my property, even if it is due to the Fitness Provider's negligence or omission. I also waive the right of any of my insurers' to make any such claim.

INDEMNIFICATION: I agree to defend and indemnify the Fitness Provider and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to my use or misuse of the Fitness Services or my conduct or actions. I agree that the Fitness Provider shall be able to select its own legal counsel and may participate in its own defense, if desired.

REPRESENTATION: I am the parent or guardian of a client under the age of 18, consenting for the minor in my care to receive fitness services.

GOVERNING LAW: This Fitness Services Waiver shall be governed by and construed in accordance with the internal laws of Oregon without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Fitness Services Waiver: Marion County.
I have read the above Fitness Services Waiver fully and I understand and agree to its contents. I understand and agree that by signing this Fitness Services Waiver I forfeit any right, claim, or ability to hold the Fitness Provider responsible for any tangible or intangible damages, loss of property, or loss of life that may occur during or after my use of the facilities and participation in the Fitness Services.

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Client Name

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Parent Name
________________________________________
Parent Signature

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Date