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Position/Title:	*Phone:	*Phone Type

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Corporate Information

*Business name

*Address (Line1)	Address (Line2)

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Terms and Condition

Terms and Condition for Gym Owner use of Fitspin.com

RECITALS

A. Fitspin Inc. is doing business as Fitspin.com.

B. Fitspin.com is a broker of Health Club/Gym memberships and advertisement agency.

C. Health Club/Gyms accept responsibility and to perform all the provisions of this agreement.

In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows:

SECTION ONE: DURATION

The term of the agency created shall be _____________ [period of time], beginning _________ [date], unless sooner terminated.

SECTION TWO: Health Club/Gym REQUIRMENTS

Health Club/Gym will provide the most accurate and up to date information about their memberships, facility, and business information. Health Clubs/Gyms will update their information on the website as often as necessary.

SECTION THREE: SET UP

A. There is no set up fees for health clubs or gyms to participate on Fitspin.com

B. Pictures of the facility must be provided by health clubs or gyms. The quality of the pictures is the responsibility of the health clubs or gyms.

C. Health Clubs/Gyms are responsible for the total cost of a video or virtual tour of their club.

D. Health Clubs/Gyms must provide a copy of their logo to Fitspin.com.

SECTION FOUR: RESPONSIBILITY OF INFORMATION

A. The details of the Health Club/Gyms such as size, classes, amenities, price, and descriptions of the facility are the responsibility of the Health Club/Gym representative.

B. Fitspin.com is willing to enter in the Health Club/Gym information upon request.

C. Fitspin.com reserves the right to remove information from the website if deemed offensive or inappropriate.

D. Health Clubs/Gyms understand the information placed on Fitspin.com is viewed by competitors such as other Health Clubs/Gyms.

SECTION FIVE: MEMBERSHIP PRICING

A. The pricing of the membership is the responsibility of the Health Club/Gym representative.

B. All membership price changes must be authorized by Health Club/Gym representative.

C. The Health Club/Gyms will provide Fitspin.com with EXCLUSIVE RIGHTS to sell the lowest price for their enrollment fee and monthly dues for their membership.

D. Health Clubs/Gyms are NOT allowed to charge a “processing fee”.

E. Health Clubs/Gyms are allowed to charge “enrollment fee”, “monthly dues” and “monthly add-on fees”.

F. Fitspin.com reserves the right to charge any price for the “processing fee”, “processing fee” may vary from Health Club/Gym to Health Club/Gym.

SECTION SIX: PAYMENT OF FUNDS AFTER SALE OF MEMBERSHIP

A. Once the sale of the membership is complete the Fitspin.com will take its “Processing Fee” from the total amount collected.

B. The remainder of what is collected will be transferred to the appropriate Health Club/Gym.

C. Funds will be sent via; wire transfer, check or account transfer.

D. Funds will NOT be sent for 15 days after sale or next billing cycle.

E. Transfer of funds must have a delay in order to determine if funds clear and/or a refund has been requested, but will not exceeded 45 days.

F. Billing information and member information will be sent to the Health Club/Gym and their billing company within 24 hours of membership sale.

G. After the sale of a membership it is the Health Club/Gym responsibility to make sure the new member has been entered into their system.

H. Health Clubs/Gyms take responsibility to contact the new member for any additional information from them or about them.

SECTION SEVEN: FITSPIN.COM IS NOT RESONSIBLE OR LIABLE:

A. Fitspin.com is not responsible for the way the gym is perceived on the website.

B. Fitspin.com is not liable for fraudulent information from a new member.

C. Fitspin.com is not responsible for the contract the Health Clubs/Gyms post on the website and have customer agree too.

D. Fitspin.com is not responsible of prescreening customers.

E. Fitspin.com is not responsible of the billing information once it is turned over or transferred to the Health Clubs/Gyms or billing company.

SECTION EIGHT: FITSPIN.COM RIGHTS AND RESPONSIBILITIES

A. Fitspin.com is a third party or middle man and is no way represented by the Health Club/Gym or is the Health Club/Gym represented by Fitspin.com.

B. Fitspin.com is responsible for giving Health Clubs/Gyms the best appearance and the best opportunity to sell their memberships on the website.

C. Fitspin.com reserves the right to remove or rewrite information on the website that could be damaging to Fitspin.com or any other Health Clubs/Gyms.

SECTION NINE: Health Clubs/Gyms NOT TO COMPETE OPTION

Health Clubs/Gyms have the option to use Fitspin.com as a free service or paid service:

A. To utilize Fitspin.com as a free service the Health Clubs/Gyms agree not to post or sell their memberships on any other websites or services (excluding their own Health Clubs/Gyms website). Health Clubs/Gyms can exercise their right to use other websites or services to sell their Clubs/Gyms reserve the right to change the service type at anytime with a written request. Fitspin Inc. reserves the right to remove any Health Club/Gym from Fitspin.com found using other website or service to sell their memberships, a letter of Cease & Desist will be sent to Health Clubs/Gym with the option to upgrade to a paid service. Health Club/Gym must provide a valid Credit Card for billing purpose if paid service is chosen.

B. If the Health Clubs/Gyms sell memberships on their own Health Clubs/Gyms website they must offer the same price or higher than what Fitspin.com is authorized to sell or the Health Clubs/Gyms may authorize Fitspin.com to sell the same membership price and program.

Please check one !"FREE SERVICE"""!"PAID SERVICE ________Initials.

SECTION TEN: MODIFICATION AND TERMINATION

The business relationship created by this agreement may be terminated by either party by written notice mailed or delivered to the last known address of the other party. Any changes to this agreement must be in writing and signed by both parties involved.

SECTION ELEVEN: GOVERNING LAW

The enforcement and interpretation of this agreement shall be governed by the laws of California.

Terms and Condition for Gym Owner use of Fitspin.com

RECITALS                                                                      
A. Fitspin Inc. is doing business as Fitspin.com.
B. Fitspin.com is a broker of Health Club/Gym memberships and advertisement agency.
C. Health Club/Gyms accept responsibility and to perform all the provisions of this agreement.
In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows:

SECTION ONE: DURATION
The term of the agency created shall be _____________ [period of time], beginning _________ [date], unless sooner terminated.

SECTION TWO: Health Club/Gym REQUIRMENTS
	Health Club/Gym will provide the most accurate and up to date information about their memberships, facility, and business information. Health Clubs/Gyms will update their information on the website as often as necessary. 

SECTION THREE: SET UP 
A. There is no set up fees for health clubs or gyms to participate on Fitspin.com
B. Pictures of the facility must be provided by health clubs or gyms. The quality of the pictures is the responsibility of the health clubs or gyms.
C. Health Clubs/Gyms are responsible for the total cost of a video or virtual tour of their club.
D. Health Clubs/Gyms must provide a copy of their logo to Fitspin.com.

SECTION FOUR: RESPONSIBILITY OF INFORMATION
A. The details of the Health Club/Gyms such as size, classes, amenities, price, and descriptions of the facility are the responsibility of the Health Club/Gym representative.
B. Fitspin.com is willing to enter in the Health Club/Gym information upon request.
C. Fitspin.com reserves the right to remove information from the website if deemed offensive or inappropriate.
D. Health Clubs/Gyms understand the information placed on Fitspin.com is viewed by competitors such as other Health Clubs/Gyms.   

SECTION FIVE: MEMBERSHIP PRICING
A. The pricing of the membership is the responsibility of the Health Club/Gym representative.
B. All membership price changes must be authorized by Health Club/Gym representative.
C. The Health Club/Gyms will provide Fitspin.com with EXCLUSIVE RIGHTS to sell the lowest price for their enrollment fee and monthly dues for their membership.
D. Health Clubs/Gyms are NOT allowed to charge a “processing fee”.
E. Health Clubs/Gyms are allowed to charge “enrollment fee”, “monthly dues” and “monthly add-on fees”.
F. Fitspin.com reserves the right to charge any price for the “processing fee”, “processing fee” may vary from Health Club/Gym to Health Club/Gym.

SECTION SIX: PAYMENT OF FUNDS AFTER SALE OF MEMBERSHIP
A. Once the sale of the membership is complete the Fitspin.com will take its “Processing Fee” from the total amount collected.
B. The remainder of what is collected will be transferred to the appropriate Health Club/Gym.
C. Funds will be sent via; wire transfer, check or account transfer.
D. Funds will NOT be sent for 15 days after sale or next billing cycle.
E. Transfer of funds must have a delay in order to determine if funds clear and/or a refund has been requested, but will not exceeded 45 days.
F. Billing information and member information will be sent to the Health Club/Gym and their billing company within 24 hours of membership sale.
G. After the sale of a membership it is the Health Club/Gym responsibility to make sure the new member has been entered into their system.
H. Health Clubs/Gyms take responsibility to contact the new member for any additional information from them or about them.


SECTION SEVEN: FITSPIN.COM IS NOT RESONSIBLE OR LIABLE:
A. Fitspin.com is not responsible for the way the gym is perceived on the website.
B. Fitspin.com is not liable for fraudulent information from a new member.
C. Fitspin.com is not responsible for the contract the Health Clubs/Gyms post on the website and have customer agree too.
D. Fitspin.com is not responsible of prescreening customers.
E. Fitspin.com is not responsible of the billing information once it is turned over or transferred to the Health Clubs/Gyms or billing company.

SECTION EIGHT: FITSPIN.COM RIGHTS AND RESPONSIBILITIES
A. Fitspin.com is a third party or middle man and is no way represented by the Health Club/Gym or is the Health Club/Gym represented by Fitspin.com.
B. Fitspin.com is responsible for giving Health Clubs/Gyms the best appearance and the best opportunity to sell their memberships on the website.
C. Fitspin.com reserves the right to remove or rewrite information on the website that could be damaging to Fitspin.com or any other Health Clubs/Gyms.


SECTION NINE: Health Clubs/Gyms NOT TO COMPETE OPTION
Health Clubs/Gyms have the option to use Fitspin.com as a free service or paid service:
A. To utilize Fitspin.com as a free service the Health Clubs/Gyms agree not to post or sell their memberships on any other websites or services (excluding their own Health Clubs/Gyms website). Health Clubs/Gyms can exercise their right to use other websites or services to sell their Clubs/Gyms reserve the right to change the service type at anytime with a written request. Fitspin Inc. reserves the right to remove any Health Club/Gym from Fitspin.com found using other website or service to sell their memberships, a letter of Cease & Desist will be sent to Health Clubs/Gym with the option to upgrade to a paid service. Health Club/Gym must provide a valid Credit Card for billing purpose if paid service is chosen.
B. If the Health Clubs/Gyms sell memberships on their own Health Clubs/Gyms website they must offer the same price or higher than what Fitspin.com is authorized to sell or the Health Clubs/Gyms may authorize Fitspin.com to sell the same membership price and program.
Please check one !"FREE SERVICE"""!"PAID SERVICE ________Initials.


SECTION TEN: MODIFICATION AND TERMINATION
The business relationship created by this agreement may be terminated by either party by written notice mailed or delivered to the last known address of the other party. Any changes to this agreement must be in writing and signed by both parties involved.

SECTION ELEVEN: GOVERNING LAW
The enforcement and interpretation of this agreement shall be governed by the laws of California.

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Exclusivity Option

For our FREE listing, Fitspin will have exclusive rights to sell our memberships online excluding our own web site.

For $59/month, we can sell our memberships on Fitspin, but Fitspin has no exclusivity.

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