2024 SUMMER MEMBERSHIP APPLICATION FORM

Page 1 of 9

(Rev4/01/2024)

Member

Initials:

MEMBERSHIP AGREEMENT

2024 SUMMER MEMBERSHIP APPLICATION FORM

Swim & Fitness Center

MEMBERSHIP TYPE: (select one)

Summer Membership: FAMILY COUPLE INDIVIDUAL

All Summer Memberships are a 5-month contract, running from 5/1/24 - 9/30/24. No early

termination permitted. Pilates not included.

MEMBERSHIP NUMBER:

KEY CARD NUMBERS: ___________________________ ____________________________

___________________________ ____________________________

Member 1 Name:

Birth Date:

Fitness Classes: Y or N

Email:

______________________________________ Cell Phone: ______________

Member 2 Name:

Birth Date:

Fitness Classes: Y or N

Email:

Cell Phone: ______________

Home Address:

Billing Address:

(if different from

above)

______________________________________

Have you been a member of Red Hawk Swim & Fitness in the past?: Y or N

If yes, when?: __________________________________

MEMBERSHIP DEPENDENTS

Only pre-qualified and listed individuals will be offered Dependent privileges.

Included Dependents: Dependents are defined as unmarried children under the age of 22 who live at home.

Name

Birth Date

Age

Each additional Dependent will be an additional $20.00 per month, per Dependent.

Name

Birth Date

Age

Caretaker Dependents $45 per month (manager approval required)

Name

Birth Date

Managers Initials for

approval

For Red Hawk Use Only:

S&F Sales Associate:

___________________________________________

Print Name

Date:

___________________

COMMENCEMENT DATE AND FEES

Membership Commencement Date: ___

Contract Period: 5/1/2024 to 9/30/2024 (no cancellation permitted)

Membership Fees:

Summer Family ($220 per month) $ ___

Additional Dependents (when over 4, $20 each) $ ___

Summer Couple ($200 per month) $ ___

Summer Single Swim and Fitness ($120 per month) $ ___

Caretaker Dependent ___ $ ___

($45 each per month, max of 2)

First month’s dues (pro-rate if not 1

day of month): $ ___

Administration Fee:

$60 charged to all memberships $ ___

Total Amount Due Today: $ ______

Regular Monthly Rate: $ ______

Will be charged on or about the 5

of each month

THIS MEMBERSHIP AGREEMENT IS OFFERED SUBJECT TO ALL OPERATION OF

THE RED HAWK GOLF AND RESORT SWIM & FITNESS CENTER IS SUBJECT TO ANY AND

ALL RULES, REGULATIONS, GUIDELINES, DIRECTIVES, AND ANY OTHER

GOVERNMENTAL AGENCY STATEMENTS about the operation of swim and/or fitness or exercise

or group exercise classes implemented or published by the State of Nevada, the Governor of the State of

Nevada, Washoe County Health District, or any other agency or governmental body with jurisdiction

over Red Hawk Swim & Fitness.

It is the intention of The Swim & Fitness Center at Red Hawk to provide facilities and amenities for

the enjoyment of its members and guests. The Center desires to provide its services in a safe and healthy

manner for all of its guests and employees. However, some operations may be restricted or modified from

time to time to accommodate COVID-19 guidelines, rules, regulations, and directives, or other similar

matters.

The Swim & Fitness Center at Red Hawk may, from time to time, make changes to its operations,

operation hours, facilities, and amenities available, to accommodate the safety and health of its members,

guests and employees, those changes will be posted around the facility, and as practicable, sent out by email

notification as well.

Therefore, this agreement is offered in consideration of the foregoing and all conditions,

restrictions, guidelines, and circumstances related to and arising from COVID-19 and similar matters,

and all parties entering into this agreement mutually agree to these conditions and circumstances, as they

proceed to enter into, execute and deliver this agreement to each other.

THIS MEMBERSHIP AGREEMENT (“Agreement”) is made by and between RED HAWK LAND

COMPANY, LLC, a Nevada limited liability company (“Owner”), doing business as THE SWIM & FITNESS

CENTER AT RED HAWK (“Center”), and ___________________, an individual, and

_____________________, an individual (collectively and individually referred to herein as “Member”).

ARTICLE 1

MEMBERSHIP

Section 1.01 Nature of Membership. Membership does not confer or carry with it any interest in

the property or assets of the Center, or any right on the part of Member to participate in the management or

operations of the Center, financially or otherwise. Membership confers solely the non-exclusive right to use

and enjoy the facilities of the Center in accordance with the Center’s rules and regulations (“Rules and

Regulations”), which may be changed from time to time without prior notice by the Center and without the

consent of Member.

Section 1.02 Conditions of Membership. Membership is open to any family or individual of

good character and responsible credit background without regard to race, sex, ethnic background, or religion.

A family is defined as a married couple and any dependent children, under the age of eighteen (18), who

live at home. All applications for membership are subject to approval by the Center, which shall have sole

discretion to approve or reject applicants for any legal reason whatsoever. The Center may, at its sole

discretion, place applicants on a waiting list pending the availability of memberships in the Center and upon

such terms and conditions as the Center may establish from time to time. Member shall be subject to the

Rules and Regulations, including any revisions thereof. The categories of membership in the Center may

be changed from time to time in Owner’s sole discretion.

Section 1.03 Payment of Enrollment Fee. New and rejoining Members are subject to any

applicable enrollment fee which the Center deems appropriate. The amount, manner, and time of payment

of such fee shall be established by the Center and may be changed from time to time. No portion of such

fee will be refunded upon termination of membership.

Section 1.04 Dues and Charges. Monthly dues and shall be paid in advance of Member’s use of

the Center. The current dues and charges for each category of membership in the Center shall be subject to

increase at any time. The obligation to pay dues is not dependent on the availability of any or all of the

Center’s facilities at all times, or the type or quantity of the classes or equipment offered at the Center.

Repairs, maintenance, programs, special events, government or government agency guidelines for closure,

shutdown, or cleaning, and/or any other circumstances may make it necessary, and the Center reserves the

right, to restrict use of, or close one or more of the facilities, and to change the type and quantity of the

classes and equipment offered at the Center. Dues will not be reduced or suspended during the time when

one or more of the facilities are not available.

Section 1.05 Voluntary Resignation / Cancellation.

a. All Summer Memberships are a contracted period thru 9/30/2024, and dues paid are non-

refundable.

b. There is no cancellation for Summer Memberships, the term of the contract shall run thru

September 30 of the current year that the Membership Agreement was signed.

MEMBER MUST SIGN stating they have read and understand the cancelation provision set forth in this

Section 1.05

Signature:

Print:

Section 1.06 Involuntary Termination and Suspension. The Center may immediately and

without advance notice, terminate or suspend the membership or privileges thereunder of Member for failure

to comply with the terms of this Membership Agreement, with any of the Rules and Regulations, or for any

conduct which the Center determines in its sole discretion to be improper or in any way contrary to the best

interests of the Center and its membership. Any violence or threats against any Center staff member or

employee, or any other member or any guest at the Center, or against any of Center’s property may result

in termination of Membership. A terminated Member will remain liable for all dues and other indebtedness

incurred prior to termination of the membership. A suspended Member will remain liable for all dues and

other indebtedness incurred prior to and during the period of suspension of the membership. Closure of the

Center as a result of a pandemic, virus, or any other governmental shutdown, closure, or guidelines for

closure for the safety of members, guests, and/or employees is not a termination of membership.

Section 1.07 Reinstatement. Reinstatement of any resigned or terminated Membership shall be

at the sole and absolute discretion of Owner. However, any Member wishing to rejoin the Center must

submit a new membership application and comply with all of the terms and conditions of membership

agreement and Center, including, payment of a new member initiation fee.

ARTICLE 2

WAIVER OF CLAIMS

Section 2.01 Assumption of Risk. Member knows, understands, and appreciates the risk of entry

upon and use of the Center’s facilities, including, but not limited to, loss of or damage to personal property,

illness or sickness of any kind type or nature, serious or catastrophic personal injuries, and death. Member

confirms that he/she is voluntarily assuming the risk of participating in the Center’s fitness activities and

entering upon and using the facilities and equipment, and Member hereby expressly assumes all risk that

he/she may suffer personal, bodily, or mental injury, illness or sickness of any kind type or nature, or death,

economic loss, or damage as a result of his/her entry upon or use of the facilities or equipment or

participation in the Center’s activities. Member acknowledges and agrees that he/she is solely responsible

for his/her safe and responsible entry upon and use of the facilities and equipment, whether or not supervised

by the Center’s representatives, and that the Center shall not be liable for any injuries, illness or sickness of

any kind type or nature, or any damage to Member or any of Member’s guests, or the property of Member

or any of Member’s guests, including, but not limited to, articles damaged, lost, or stolen in or about the

Center or from lockers, or for loss or damages to any property, including, but not limited to, automobiles

and the contents thereof.

Section 2.02 Release and Waiver of Claims. In consideration of being permitted to enter upon

the facilities and use the equipment and participate in the Center’s activities, on behalf of him/herself and

Member’s guests (as defined in the Membership Application Form) and each of their respective spouses,

children (including unborn), heirs, representatives, guardians, successors and assigns (collectively, the

“Member Parties”), Member releases and discharges the Center, Owner, and their respective affiliated

organizations and each of their owners, partners, members, directors, officers, employees, contractors, and

agents (collectively, the “Center Parties”) from any and all claims, causes of action, or liability for any

damages to or loss of property, injuries, illness or sickness of any kind type or nature, or death that any of

the Member Parties may suffer in or about the Center resulting from any of the Member Parties’ participation

in the Center’s activities or entry upon or use of the facilities or equipment, whether or not the same arises

from or results from any act, conduct or omission of any of the Center Parties.

Section 2.03 Indemnification. Member agrees to hold harmless, indemnify, and defend the

Center Parties from all claims, demands, causes of action, or liability, including, but not limited to, attorneys’

fees, expenses, costs, and all consequential damages for any loss, damage, or injury to persons, illness or

sickness of any kind type or nature, or property arising from or relating to any of the Member Parties’

participation in the Center’s activities or entry upon or use of the facilities or equipment, whether or not the

same arises from or results from any act, conduct, or omission of any of the Center Parties.

ARTICLE 3

USE OF FACILITIES, GENERAL RULES AND REGULATIONS

Section 3.01 Billing. Member Dues are owing regardless of whether the Center is open or must

close because suggested or required by any governmental agency or for any matter related to a governmental

agency suggestion or mandate. Dues will be debited from Member’s designated bank account on or about

the fifth (5

) day of each month. The monthly charge will reflect the next month’s dues and any past month’s

charges. Any outstanding balance not paid by the fifteenth (15

) of each month will again be attempted to

be debited from Member’s designated bank account.

Section 3.02 Late or Returned Item Charges. A charge of THIRTY-FIVE DOLALR ($35), will

be assessed for returned checks, insufficient funds, closed accounts, frozen or declined credit cards or similar

circumstances, which result in late or delayed payment to the Center. Member is responsible for providing

accurate and updated information on his/her account to ensure timely receipt of payment, including,

without limitation, current credit/debit card account information. These late charges and fees will continue

to accrue monthly against Member’s past due account balance until the balance, late charges and fees are

paid in full. The Center reserves the right to re-attempt collection of Member’s outstanding balance until

such time as Member’s account is current.

If Member Dues are not fully paid by the 15

of the month, the Member’s access to all facilities will be

suspended until the account is brought current.

MEMBER MUST SIGN stating they have read and understand the provisions set forth in this Section

Signature:

Print:

Section 3.03 Damages. Member shall be responsible for any damage to the Center’s property

caused by Member or any Member Party.

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 4.01 Modifications. All fees, dues, charges, and the Rules and Regulations are subject to

change by the Center’s management from time to time. Members may be notified of such changes in any

manner which the management of the Center deems appropriate.

Section 4.02 Photos and Videos. At times the Center may take photos or videos to be used for

marketing purposes. Members agree to allow their likeness and images to be used by the Center.

Section 4.03 Approval of Application. Membership is subject to approval by the Center and shall

not be effective unless and until this Agreement is executed by the Center. Member acknowledges that

he/she has carefully read this Agreement and understands its terms and conditions, including the waiver

and release of liability, and agrees to be bound by all of its terms and conditions. Member is signing this

Agreement of his/her own free will and intends for his/her signature to be a complete and unconditional

release of all liability to the greatest extent allowed by law.

Section 4.04 Governing Law. The laws of the State of Nevada (without giving effect to choice

of law or conflict of law principles) shall govern this Agreement. Any action to interpret or enforce the terms

of this Agreement shall brought in a court of competent jurisdiction or other appropriate venue in Washoe

County, Nevada.

Section 4.05 Severability. Should any part of this Agreement be rendered or declared invalid by

a court of competent jurisdiction of the State of Nevada, such invalidation of such part or portion of this

Agreement should not invalidate the remaining portions hereof, and they shall remain in full force and effect.

Section 4.06 Entire Agreement. This Agreement and the Rules and Regulations contain the

entire agreement of the parties hereto with respect to the subject matter hereof, and supersede all prior

arrangements, written or oral, between the parties.

Section 4.07 Waiver. The Center’s failure to require performance of any provision of this

Agreement shall not affect the Center’s right to require performance at any time thereafter, nor shall a waiver

of any breach or default under this Agreement constitute a waiver of any subsequent breach or default or a

waiver of the provision itself.

Section 4.08 Counterparts. This Agreement may be executed in two (2) or more counterparts,

each of which when taken with the others shall be one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day

and year first above written.

I/we agree to be bound by the terms found in the Membership Agreement and the Rules & Regulations as they

now exist and as they may be amended or supplemented. I/we agree to indemnify and hold harmless from

liability the Center, its management, and its owners from any injury to my/our body or property or the body or

property of my/our Dependents, Extended Family Guests, or Member Guests incurred as a result of using the

Center facilities.

APPLICANT SIGNATURE(S):

Signature of Applicant

____________

Date

Signature of Applicant

____________

Date

MEMBERSHIP APPROVED BY:

RED HAWK LAND COMPANY, LLC,

a Nevada limited liability company

d.b.a. THE SWIM & FITNESS CENTER AT RED HAWK

Print Name:

Signature:

_______________________________

Title:

_______________________________

Date:

Page 9 of 9

(Rev04/01/2024)

Member

Initials__________

PAYMENT AUTHORIZATION

I authorize any and all membership charges and delinquent charges incurred on my account with the Center

to be charged to the account listed below. I certify that the below listed account is issued to me and agree that

all disputes on my account relating to the Center will be promptly brought to the attention of the Center. I

understand that I am obligated to keep a valid approved ACH account on file with the Center at all times. In

the event I fail to update the ACH account information on file with the Center, I acknowledge and agree that

I will be subject to a $35 charge per section 3.02.

PRIVACY DISCLOSURE: The payment information collected to administer your membership account is

treated confidentially and will not be shared with anyone except financial institutions and those employees

used to process payments. Your payment information is NOT shared, sold, or made public in any way.

Date Signature of Applicant

SF #:___________

BANK INFORMATION

Accountholder Name:

(As it appears on the account)

Accountholder Signature:

Bank:_________________________________________________________________________

Routing Number: ___________________

Account Number:_____________________________

Type of Account (Please select one):_____Checking_____Savings