B. Enterprise Sports Club agrees:
1. That it shall provide a facility which will include athletic club facilities for Members; an equipped training room; a lounge and locker facilities, subject to its right to terminate the facilities as described herein.
2. That the Buyer shall be entitled to all of the rights and privileges due to a Member in good standing under the Rules as they now exist and as they may from time-to-to be amended or supplemented.
3. If by reason of death or disability, the person agreeing to receive services is unable to receive the services for which they have contracted, they and their estate, shall be relieved from the obligation of making payment of services other than those services received prior to death or the onset of disability, and if they have prepaid any sum for services, so much of such sum is allocable to services that they have not taken shall be promptly refunded to them or their representative upon request. “Disability” means a condition which precludes the Buyer from physically using ESC facilities and the condition is verified in writing by a licensed medical physician.
4. In terms of an annual agreement the Buyer agrees to a refund amount of the remaining months at the regular monthly rate. If less than 60 days remain in the membership agreement term, no return is offered.
5. Upon expiration of the initial term of this Agreement, the Agreement will renew on a month-to-month basis unless cancelled in writing in accordance with the provisions of this Agreement or other applicable law. This does not apply to the Annual Membership.
6. I understand my membership dues are subject to change, unless otherwise guaranteed in writing by Enterprise Sports Club, and that I MUST SUBMIT WRITTEN NOTICE AT LEAST 30 DAYS PRIOR TO CANCELLATION. I acknowledge receiving a copy of this Agreement at the time of my signature.
YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH BUSINESS DAY OF Enterprise Sports Club AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, DELIVER A SIGNED AND DATED NOTICE, WHICH STATES THAT YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT.
This Agreement shall be construed in accordance with the laws of the State of California with jurisdiction and venue deemed proper in Santa Cruz County.