TAD WELLNESS CENTER AGREEMENT TERMS AND CONDITIONS
By purchasing a TAD WELLNESS CENTER Household Membership Plan, I confirm that I understand and expressly agree with the following:
- I agree that my use, the use by one or more of either my pets or of any pet over which I hereby warrant that I have custodial authority, and the use by one or more of my authorized household members of this TAD WELLNESS CENTER facility located at 815 Feinberg Court in Cary, IL 60013, or of any other TAD WELLNESS CENTER facility, involves the risk of injury to me, my pet(s), the pet or pets over which I have custodial authority or my household member(s) whether caused by me or not.
- I understand that these risks can range from minor injuries to major injuries which might be the cause of death. In consideration of my participation in the activities and use of the facilities, exercise equipment or services offered by TAD WELLNESS CENTER, I understand and voluntarily accept full responsibility on my behalf, on behalf of my pet or pets, and on behalf of my household member(s) for the risk of injury or loss arising out of or related to my use of the facilities, exercise equipment or participation in exercise programs or other services. I further agree that TAD WELLNESS CENTER, its affiliated companies and their respective officers, directors, employees, members, agents and independent contractors (collectively “TAD WELLNESS CENTER”) will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my pet or pets, my unborn child, my heirs, or my relatives or household members resulting from the negligent conduct or omission of TAD WELLNESS CENTER or anyone acting on TAD WELLNESS CENTER’s behalf whether related to exercise and/or animal medical services or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge TAD WELLNESS CENTER from any and all claims, demands, injuries, damages, actions or causes of action against TAD WELLNESS CENTER, THE ANIMAL DOCTOR LTD or AFFILIATES or ASSIGNS of THE ANIMAL DOCTOR LTD. I further understand and acknowledge that TAD WELLNESS CENTER does not manufacture fitness or other equipment or products available in its facilities, but purchases and/or leases equipment and therefore TAD WELLNESS CENTER will not be held liable for defective equipment or products.
- I understand this release of liability and assumption of risk agreement. I further agree to comply with TAD WELLNESS CENTER membership policies and TAD WELLNESS CENTER rules that may be communicated to me from time to time either in writing, through TAD WELLNESS CENTER signage or verbally by TAD WELLNESS CENTER employees or personnel. TAD WELLNESS CENTER may, in its sole discretion, modify the policies and any TAD WELLNESS CENTER rule without notice at any time. TAD WELLNESS CENTER reserves the right to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership policy or TAD WELLNESS CENTER By signing below, I acknowledge and agree to all the terms on the front and back of this agreement.
THE ANIMAL DOCTOR LTD (“TAD”) and you agree that by signing this agreement, you purchased a TAD WELLNESS CENTER membership and agree to all the terms in this agreement. The term “you” includes you, any and all of your pets or pets over which you have custodial authority, and your household member or members. The term “TAD WELLNESS CENTER” includes heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, assigns and employees. It is your responsibility to notify TAD WELLNESS CENTER of any change in your address, phone number, credit card or banking information.
- Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of TAD WELLNESS CENTER As such, you acknowledge that TAD WELLNESS CENTER did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities.
- Liability for Property: TAD WELLNESS CENTER is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around TAD WELLNESS CENTER’s premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to TAD WELLNESS CENTER’s facilities, you are liable to TAD WELLNESS CENTER® for its cost of repair or replacement.
- Entire Agreement & Enforcement: You acknowledge that neither TAD WELLNESS CENTER®, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. This document, which includes the TAD WELLNESS CENTER® membership policies and TAD WELLNESS CENTER rules as may be modified from time to time by TAD WELLNESS CENTER, contains the entire agreement between you and TAD WELLNESS CENTER and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If TAD WELLNESS CENTER does not enforce any right in this agreement for any reason, TAD WELLNESS CENTER does not waive its right to enforce it later.
- General. Your membership permits you to use TAD WELLNESS CENTER’ premises, facilities, equipment and services and your dues are for such access whether you use the facilities or not. Your membership is subject to all current company policies, rules and limitations including, but not limited to transferability rules, pet rules and household member Your membership gives you no rights in TAD WELLNESS CENTER, its management, property or operation. TAD WELLNESS CENTER may assign or transfer your membership in its sole discretion. You have no right to assign your membership or this agreement. TAD WELLNESS CENTER can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at the home TAD WELLNESS CENTER, unless otherwise noted.
- Group Fitness Instruction TAD WELLNESS CENTER offers group fitness instruction for your group at the discretion of TAD WELLNESS CENTER. The group sessions are limited to five (5) persons and five (5) pets on an appointment basis, but available on a “first come first served” basis if classes are not filled. These classes are strictly instructional and not intended as personal training.
- Membership Freeze: Your membership can be frozen for verified medical reasons and must be done at time of illness, injury or medical condition. Your freeze will be limited to the time indicated by your physician up to a maximum of 3 months. If your membership is frozen in the month that your Annual Membership Fee is billed, you will not be billed that month, but you must pay a pro rata amount of the Annual Membership Fee when you return in order to reactivate your account.
- Rules & Regulations
Per, but not limited to, the TAD WELLNESS CENTER AGREEMENT TERMS AND CONDICTIONS (below), you agree to follow TAD WELLNESS CENTER’ membership policies and TAD WELLNESS CENTER rules. TAD WELLNESS CENTER may, in its sole discretion, modify the policies and any TAD WELLNESS CENTER rule without notice at any time. TAD WELLNESS CENTER rules may vary by location and all signs posted in a TAD WELLNESS CENTER or on the premises or verbal communication shall be considered a part of the rules of TAD WELLNESS CENTER. TAD WELLNESS CENTER reserves the right to refund the pro-rated cost of unexpired services and terminate your membership immediately for violation of any membership policy or TAD WELLNESS CENTER rule.
- Facilities & Services
TAD WELLNESS CENTER reserves the right at any time to delete, discontinue, repair or replace the equipment without any effect on this agreement. TAD WELLNESS CENTER also reserves the right to make changes to the type or quantity of equipment or services offered and to alter the hours of operation in TAD WELLNESS CENTER’ discretion. You acknowledge that the equipment and services in the facilities are available subject to demand and are offered on a “first come first serve basis.”
TAD WELLNESS CENTER may regularly close on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, etc., and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your home TAD WELLNESS CENTER is permanently closed, moved or sold, TAD WELLNESS CENTER reserves the right to assign and transfer your membership to another TAD WELLNESS CENTER within 8 miles of your home TAD WELLNESS CENTER in accordance with the buyer’s rights under state law.
- Dues, Fees, Charges & Taxes
At Payment Authorization. You have full control over the payment authorization and can stop it anytime by notifying TAD WELLNESS CENTER or by notifying your bank, or credit card company to stop payment for future services. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify TAD WELLNESS CENTER® within 30 days of a claimed error on your bank statement or credit card statement. If you claim your fees were not stopped when you notified TAD WELLNESS CENTER in writing to cease (your “Stop Order”) any recurring fee collection, you must have written proof or TAD WELLNESS CENTER will not reimburse you for any amounts which you claim should not have been deducted. TAD WELLNESS CENTER has the right to add to your fees any tax or taxes imposed by the government. TAD WELLNESS CENTER also has the right to add any utility charges or surcharges to your fees.
- Cancellation Rights (Buyer’s Rights)
As a buyer, you have the following right. TAD WELLNESS CENTER will:
- Refund you the pro rata cost of any unexpired services, within 15 days after written request for refund, if:
- You are unable to receive benefits from TAD WELLNESS CENTER by reason of death or disability. TAD WELLNESS CENTER may require that the disability be confirmed by an examination of a physician agreeable to you and TAD WELLNESS CENTER; provided, however, that this subparagraph shall not operate to prevent you from proving the disability in a judicial proceeding; or
- TAD WELLNESS CENTER relocates your home TAD WELLNESS CENTER more than 8 miles from its present location, or the services provided by TAD WELLNESS CENTER are materially impaired.
- Refund you the pro rata cost of any unexpired services under all contracts between the parties, within 15 days after written request thereof, if the aggregate price of all contracts in force between the parties exceeds $1,000, provided, however, that TAD WELLNESS CENTER may retain a cancellation fee of not more than 25 percent of the pro rata cost of unexpired services on all contracts, not to exceed $25
- Refund you the pro rata cost of any unexpired services within 15 days of written request after your home TAD WELLNESS CENTER ceases operation.
- Upon the occurrence of any of the circumstances enumerated in subparagraphs (A) or (B) or (C) of this section, you or your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
- Limitation of Liability and Waiver of Jury Trial
Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages. To the extent permitted by applicable law, and acknowledging that the consequences of said waiver are fully understood, the parties agree to waive their right to a trial by jury in any court action.
SUPPLEMENTAL TAD WELLNESS CENTER MEMBERSHIP AGREEMENT TERMS AND CONDITIONS
- Nature of the Service
All persons and pets residing at a single Member address (herein, a Household Physical Address or Household), which residents, collectively, are Members and, separately, Member, are entitled to facilities at and services from the TAD WELLNESS CENTER per the Members’ subscribed and advance-paid service Type as referenced in the Membership Identification Section above and as specified at, but not limited to, the “WELLNESS Options” and “Shopping Cart” pages of the website having the URL www.tadhospitals.com. All such Members, collectively, constitute the TAD WELLNESS CENTER Community, hereinafter referred to as the “Community.” The Community also includes current, authorized employees of THE ANIMAL DOCTOR, LTD (hereinafter, “TAD”), TAD Affiliates (including, but not limited to TAD – SYCAMORE LTD and TAD – CRYSTAL LAKE LTD).
The TAD WELLNESS CENTER is a veterinary hospital facility for Members. The TAD WELLNESS CENTER provides to its members benefits such as but not limited to: TAD WELLNESS CENTER SERVICES & FACILITIES ACCESS. Member benefits may consist of a TAD WELLNESS CENTER Social Networking online community, which online community may share a Community Facebook page, for example, which page is owned by THE ANIMAL DOCTOR, LTD on behalf of the TAD WELLNESS CENTER or TAD WELLNESS CENTERS, of internet users as well as a physical community of individuals who, together with pets owned by a Member or Members or together with pets over whom a Member or Members have custodial authority for pets residing in a Household for which at least one, distinct, current and in good standing TAD WELLNESS CENTER exists.
In accordance with all relevant Center for Disease Control (CDC) and applicable State public health / safety requirements, offered TAD WELLNESS CENTER facilities and services may include but that are not limited to the following (see www.tadhospitals.com):
- Member-pet aerobic exercise equipment consisting of but not limited to Community pet dry treadmills and human exercise equipment (e.g., treadmills, elliptical machines, exercise bicycles);
- Pet Aquatic Center equipment (underwater treadmills, swimming exercise pools with powered water jets), for use by pets and authorized TAD staff, only (Cary, IL);
- Pet agility and/or strength exercise circuits;
- Member gymnasium consisting of aerobic equipment (e.g., rowing machine, treadmill, exercise bicycle, elliptical machine) and strength training equipment (e.g., leg press, shoulder press, bench press, leg extension, hip abduction, hip adduction);
- Member Social Networking Center facilities including but not limited to seating, furnishings, kitchen facilities and high-bandwidth Community LAN (Local Area Network) WiFi network access, and WAN (Wide Area Network) / LAN TAD services and applications.
- User Registration and Information
Member shall select their preferred Membership Plan by going to www.tadhospitals.com, reviewing the service plan options on the “WELLNES Options” page, and selecting and paying for their chosen plan(s) on the “Shopping Cart” page. in the correct information requested in the User Registration Form on the site. Member shall be required to promptly update the User Information on the site. Member shall select a username and password during the User Registration process. Member shall be responsible for: a) all use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Members username and password.
- TAD WELLNESS CENTER Social Networking Content
The Content includes messages and other materials posted to forums, groups, or other locations on the Site by the members of the Community. Member of the Community is deemed to grant the Community the nonexclusive right to post, display, copy, and modify the Content in connection with the operation of the Site and the Community business. Further, the Member is deemed to grant the Community the nonexclusive right to post, display, copy, and sell the Content within the limitations set by the Member during the online publishing process. Member is also deemed to authorize the Community to disclose his/her personal data when the Member includes such personal data in the content.
If the Member has a dispute with one or more other Members, the Member shall release TAD (and all TAD officers, directors, agents, subsidiaries, joint ventures and employees of TAD) and the Community from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Neither TAD or Members of the Community shall sell or rent any Member’s personal information to third parties without the Member’s explicit, written consent. TAD shall store and process Members information on computers located in the United States that are protected by physical as well as technological security devices. However, each Community may be permitted to access and modify its own information as appropriate (e.g., Member address, phone number, authorized household Members, services eligibility, Membership service level).
Member shall indemnify and hold the TAD (its officers, directors, agents, subsidiaries, joint ventures and employees) and the Community harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of TAD or Member’s breach of this Agreement, TAD or Member’s violation of any law or of the rights of a third party.
- No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Governing Law
This Agreement shall be construed under and governed in accordance with the laws of the State of Illinois.
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association.
- Limitation of Liability
Member shall not hold TAD (its officers, directors, agents, subsidiaries, joint ventures and employees) or Community responsible for other Member’s content, actions or inactions, and Member shall indemnify TAD (its officers, directors, agents, subsidiaries, joint ventures and employees) and the Community from any action from or by another Member.
- Check-In Policy
Members must check in with their pets each time that they use the TAD WELLNESS CENTER by presenting his/her current membership card at the front desk upon arrival. TAD WELLNESS CENTER usage may be denied if member does not present card. The TAD WELLNESS CENTER may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.
- Membership Fees and Cancellation
Membership use and services must be paid for in advance. All fees and schedules are subject to change without notice. Membership fees are as specified on the WELLNESS Options and Shopping Cart pages at www.tadhospitals.com .
The obligation to pay dues is not dependent on the availability of all the TAD WELLNESS CENTER’s facilities. Special engagements, repairs, and maintenance of some facilities may make it necessary for the TAD WELLNESS CENTER to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available. Monthly Renewing Members may cancel memberships by notifying TAD WELLNESS CENTER personnel of his/her wish to cancel over the phone or in person, any time during business hours prior to thade first day of the month to be cancelled. There are no refunds for membership fees, and the TAD WELLNESS CENTER will not prorate a cancelled membership. Anyone who cancels must obtain a confirmation number. This confirmation number is used for reference and proof of cancellation. The TAD WELLNESS CENTER will not accept cancellation claims without a confirmation number.
- Three-Day Right of Recession
New members have three days after signing this Agreement to cancel their membership without penalty. If the Agreement is cancelled within three days, the TAD WELLNESS CENTER will return to the member within thirty days all amounts paid. To cancel, new members must call or come into the TAD WELLNESS CENTER and inform the front desk personnel of their wish to cancel.
- Freeze Policy
Members may put their membership on freeze, in one calendar month increments, for up to three calendar months per calendar year. Notice of freeze must be given to TAD WELLNESS CENTER personnel over the telephone or in person any time during business hours prior to the first day of the month to be frozen. Members will not be billed for frozen months. Billing will resume automatically upon end of freeze. Yearly Members will have current year extended by the number of frozen months. Anyone who freezes his or her membership must obtain a confirmation number from the TAD WELLNESS CENTER. This confirmation number is used for reference and proof of freeze. The TAD WELLNESS CENTER will not accept freeze claims without a valid confirmation number issued by TAD WELLNESS CENTER in writing or in electronic form.
Proper attire is required for participants using the TAD WELLNESS CENTER. Shirts, shoes, and clean, un-torn clothing are mandatory. No bathing suits or briefs without tights or leg coverings are allowed. Proper footwear must be worn as follows:
Court-type or aerobics shoes only, unless otherwise specified at the sole discretion of the TAD WELLNESS CENTER.
- Weight Training and General Exercise
No open toed shoes, thongs, sandals, street shoes, bare feet, or slipper-type shoes are allowed.
All equipment must be used as designed. If member is not familiar with use of equipment, he/she must arrange instruction with a staff member. Instruction is available to members as part of their membership. Members must be familiar with and observe TAD WELLNESS CENTER rules and regulations posted in the TAD WELLNESS CENTER area. Members who do not observe TAD WELLNESS CENTER rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of the TAD WELLNESS CENTER's rules or regulations. Upon such termination, fees will be refunded on a pro-rata basis through to and including the date of termination.
The TAD WELLNESS CENTER is committed to the health, safety, and welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. The TAD WELLNESS CENTER has the right to judge behavior and respond accordingly for the protection of its staff, its clients and pets. This right includes, but is not limited to, termination of membership of any member or pet engaging in unacceptable behavior.
Lockers that may be available are available for day use only. Members must supply his/her own lock. Locks and articles left overnight will be removed. The use of cellular phones is not allowed inside the locker room facilities.
Members must be 18 years of age or older. Minors under the age of thirteen (13) must be supervised at all times by their parents and must, prior to use, have obtained written permission by THE ANIMAL DOCTOR LTD to use TAD WELLNESS CENTER facilities.
Members shall pay for any damages to the TAD WELLNESS CENTER’s property which results from the willful or negligent conduct of Member, Member Household Members, Member pets or dependent children.
- Lost Articles
The TAD WELLNESS CENTER assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity or discarded at the sole discretion of TAD WELLNESS CENTER.
- Smoking, Food, and Drink
No smoking is allowed in any part of the facility. No food or drink is allowed except in the 2nd Floor Social Networking Center. Water may be taken into workout areas if it is in a non-breakable, enclosed container and if Members maintain control of and responsibility for such water containers. Members must remove or otherwise discard disposable water containers prior to leaving the facility. For facility, pet and Member safety, staff may dispose of containers that are abandoned or are not otherwise responsibly managed by Members.
- Member Responsibility to Clean Up Pet Urinary or Bowel Accident
Members are responsible for immediately cleaning up pet urine and/or bowel accidents for the health and safety of themselves, their pets, other Members and / or pets and TAD WELLNESS CENTER staff.
- Late Payment of Fees
A late payment fee of $25.00 may be charged on any payment past due at the discretion of TAD WELLNESS CENTER. Membership fees must be paid on or before the first day of the month when due. Membership may be cancelled, at the discretion of the TAD WELLNESS CENTER if fees are not timely paid.
- Cancellation of Membership by Member
A member may cancel his/her membership in writing to THE ANIMAL DOCTOR, LTD at any time within fifteen (15) days of the termination of a current Membership. This will be the means by which automatic or recurring membership renewal may be terminated.
- Change of Rules and/or Regulations
The TAD WELLNESS CENTER reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services and facilities offered by the TAD WELLNESS CENTER from time to time.
- Waiver, Release and Assumption of Risk
- The Member understands and agrees that he/she is voluntarily participating in physical activities which may expose Member to some level of risk or injury, and Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities.
- Member represents that he/she is in good physical health, and that Member shall notify the TAD WELLNESS CENTER in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of the TAD WELLNESS CENTER allowing Member to participate in physical activity within the facilities of the TAD WELLNESS CENTER and use the TAD WELLNESS CENTER’s equipment, Member agrees to indemnify and hold the TAD WELLNESS CENTER harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney’s fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made or brought by Member or on Member’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment of the TAD WELLNESS CENTER.
- The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in the TAD WELLNESS CENTER.
- Covenant not to Compete
Member understands and acknowledges that he/she will, as a result of his/her membership in the TAD WELLNESS CENTER, have significant contacts with other members, employees of TAD WELLNESS CENTER, as well as other persons and entities which have been a contractual relationship with the TAD WELLNESS CENTER, and may become familiar with trade secrets, methods of doing business, and other confidential business and proprietary information of the TAD WELLNESS CENTER that does not qualify as a trade secret. Therefore, during the term of this Agreement and for a period of one (1) year within thirty (30) miles of any TAD location following the termination of this Agreement, Member will not, individually or in conjunction with others, directly or indirectly, engage, or assist in any manner others in engaging, in any part of any business which competes directly or indirectly with the TAD WELLNESS CENTER, whether as an officer, director, proprietor, employer, partner, independent contractor, employee, or shareholder, without the TAD WELLNESS CENTER’s prior written consent, which may be withheld in its sole discretion. The provision of this Paragraph shall continue in full force and effect even after the termination of Member’s membership in the TAD WELLNESS CENTER.
- This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
b. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. c. By purchasing, or by otherwise agreeing as an Employee to, a TAD WELLNESS CENTER Membership, the purchaser or prospective TAD WELLNESS CENTER user has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) prospective Member has given up considerable future legal rights. Prospective Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Prospective Member certifies and warrants that he/she is thirteen (13) years of age or older and mentally competent to enter into this Agreement. All prospective Members under eighteen (18) years of age must be a Household Member in a Household having an adult of eighteen (18) years of age or greater who has either paid a Membership Fee for a Membership that is both current and in good standing or is a TAD Employee in good standing.
Appointment Request Form