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RULES & REGULATIONS

ASSUMPTION OF RISK, LIMITATION OF LIABILITY 
It is understood that there are certain inherent risks related to the use of the Facility. Risks include, but are not limited to, severe bodily injury and even death. The possibility of injury cannot be avoided, and it is understood that Seller’s services are inherently dangerous. It is expressly agreed by the parties hereto that use of the Facility, participation in Seller-sponsored outside activities or events, and parking and transportation provided by Seller shall be at Buyer’s sole risk (or at sole risk of Buyer’s guest, as the case may be). Notwithstanding any consultation on exercise programs which may be provided by employees of Seller, it is understood that the selection of services, methods, and types of equipment shall be Buyers’ or their guests’ entire responsibility. Buyer is responsible for evaluating all risks associated with the use and participation in programs and activities of Seller. Buyer’s use of and participation at the Facility is entirely voluntary and with knowledge of the existence of known and unknown risks. Seller (which shall include its owners, affiliates, agents, and employees, and their successors and assigns, including without limitation WORKLIFE WELLBEING; Merchandise Mart Properties, Inc, a Delaware Company; Arch Amenities Group; WTS International, LLC; and each of their respective partners, members, agents, officers, directors, employees, and assigns) shall not be responsible to Buyer or any guest of Buyer for educating about the risk of use of the Facility. Buyer hereby indemnifies and holds harmless Seller from any claims, judgments, damages, or other losses resulting from use of the Facility by Buyer or their guests. Buyer hereby releases and discharges Seller from any and all liabilities, suits, claims, demands, actions or damages (including reasonable attorney’s fees and disbursement) incurred by Buyer arising out of the use or intended use of the Facility, its facilities, services or equipment, including without limitation, all claims for property damage, personal injuries or wrongful death, to the greatest extent allowable by law. Seller shall not be liable to Buyer or their guests for any loss, damage or theft of any personal property of any kind including automobiles or items stored in the locker facilities. Buyer agrees that they have the obligation to inform any guest of the provisions of this agreement. 


COVID-19 ACKNOWLEDGMENT: Buyer understands, acknowledges, and agrees that an inherent risk of exposure to COVID-19 exists in any space open to the public including the Facility. COVID-19 is an extremely contagious disease that can lead to severe illness and death. This risk may result in illness or injury severe enough to require serious medical care and cause short or long-term disability and even death. By signing this agreement, Buyer acknowledges that they are in good health, that to the best of their knowledge they do not have COVID-19, that they will not visit the Facility if they are experiencing the symptoms of COVID-19, and that Seller may deny them entry based upon presentation of COVID-19 symptoms in Seller’s sole judgment. Buyer assumes all risk associated with using the Facility during the COVID-19 pandemic including, without limitation, contraction of the COVID-19 virus. Buyer agrees to abide and be bound by any and all Seller policies, procedures, or guidance related to COVID-19, and to follow any and all federal, state, or local laws or orders pertaining to COVID-19, including without limitation those pertaining to mask or vaccination requirements. Buyer acknowledges that temporary closure of the Facility or portions thereof in accordance with federal, state, or local guidelines, laws, or orders related to COVID-19 or any other public health emergency is beyond the control of Seller and does not constitute the cessation of services by Seller. 

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WORKLIFE WELLBEING RULES AND REGULATIONS

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Article I 
Membership 


Section 1. Provisions. The classification of members, the amount of dues payable by the members of each class, the amount of fees, the suspension and expulsion of members, and all other matters affecting or relating to the members or membership shall be under the complete control of Seller. The dues applicable to any type of membership and any other charges imposed by Seller may be amended at any time without notice. 
Section 2. Nondiscrimination. It shall be the policy of the Facility to accept applications for membership from any individual of or above the age of 18, of good character and responsible credit background, without regard to race, creed, color, sex, gender, national origin, or any other protected characteristic. 

 

Article II 
Dues and other charges 


Section 1. Dues. Seller shall, from time to time, determine the amount and terms of payment of dues which shall be payable by the members on or about the first day of the month. The obligation to pay dues is not dependent on the availability of all the Facility’s facilities for member use. Activities including but not limited to scheduled events, classes, competitions, and closures, along with repairs and/or maintenance of facilities, may make it necessary for the Facility to restrict use of one or more facilities or to temporarily close the Facility which will not reduce or suspend the members’ obligation for payment of dues unless otherwise stated herein or required by law. 
Section 2. Additional charges. Seller may set forth additional fees for optional amenities and services, including but not limited to guest passes, personal training, massage service, wellness consultations, meal plans, locker rentals, and other services. Seller shall determine the amount and terms of payment of these fees and may amend them without notice except as otherwise stated herein or required by law. Section 3. Delinquent accounts. Members failing to make payment within thirty days will be classified as delinquent and will be responsible for all collection costs including attorney and other collection fees. 

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Article III 
Termination of membership 


Seller, in its sole discretion, reserves the right at any time to terminate the membership of any member for any reason, including but not limited to failure to comply with any of the rules and regulations adopted by Seller. A terminated member will remain liable for all dues and other indebtedness incurred prior to receipt of the membership card by Seller. Any pre-paid dues for unused services will be refunded to member in case of involuntary termination. The membership of any member which is thirty days in arrears in its account to Seller may, at the option of Seller, be terminated without notice. 

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Article IV 
Regulations 


Section 1. Registration. Members must check in and present their membership card each time they use the Facility. Members requesting access to the Facility without their membership card may be requested to show their photo identification. 
Section 2. Guests. Guests may use the Facility only when accompanied by a member and must sign in at the front desk and pay the guest usage fee determined by Seller. Access is restricted to persons the 18 or older. Members of Seller are responsible for the appropriateness of attire and conduct of their guests. Seller reserves the right to limit the number of guests a member may bring to the Facility at any given time, to limit the number of guests that may visit the Facility per year, and to charge fees for guest passes. 
Section 3. Attire and equipment. Proper attire is required for participants using the Facility. Shirts and shoes are required in all public and recreation areas. No footwear other than appropriate shoes for a given activity may be worn. No athletic attire shall be left in the Facility overnight unless the member has an assigned locker. 
Section 4. Damages. The cost to repair damage to any property caused by a member or a member’s guest shall be paid by the member. 
Section 5. Etiquette. It is expected that the member and their guest abide by appropriate etiquette for fellow members and staff. Use of profane language or aggressive behavior will not be tolerated. Guest should notify Seller to resolve matters, and not take measures into their own hands or confront other members. Usage of equipment may be subject to time limitations, closures, scheduled activities, or other restrictions. Additional rules stated throughout the Facility apply. 
Section 6. Photography and videos. Taking photos or videos of other members, guests, or staff without their knowledge or consent is strictly prohibited. Members may take photographs or videos, including self-portraits, in public areas of the Facility only. No photos or video of any kind may be taken in locker rooms, steam rooms, saunas, spa areas, or any other private area of the Facility. Members may not film classes or training sessions. Photos and videos may be taken for personal use only. Seller reserves the right to seek removal of any photo or video depicting the Facility or its members, staff, or guests from any website or social media site in Seller’s sole discretion. Violations of any portion of this policy may result in disciplinary action up to and including termination of membership. In cases where photos or videos may violate any criminal statute, Seller may report violators to law enforcement and will cooperate with all criminal investigations. 
Section 7. Rules not inclusive. The rules contained herein are not inclusive. Additions and amendments to the Facility rules and regulations may be made from time to time at the sole discretion of Seller. On all questions regarding the construction of Seller rules and regulations, the decision of Seller will be final. Members who violate such rules and regulations shall be subject to termination of their membership pursuant to Article III. 
Section 8. A copy of these Facility rules and regulations will be made available upon request. 

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Article V 
Medical examination 


Buyer represents and warrants that Buyer is in good physical condition and that they have no illness or communicable disease, disability, impairment, or ailment preventing them from engaging in active or passive exercise or that will be detrimental to their health, safety, comfort, or physical condition or detrimental to the health, safety or comfort of other members or guests of the Facility. If Buyer should develop any such illness or communicable disease, disability, impairment, or ailment during the term, Buyer agrees to discontinue their membership until they have received an appropriate medical release from Buyer’s doctor authorizing member to continue using the facility. Seller is under no obligation to make any further inquiry regarding the member’s health or physical condition. All members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any program of strenuous new activity. 

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Article VI 
Closing 


Buyer acknowledges that cardio and weight training floors may close up to 15 minutes prior to posted closing time nightly. Buyer agrees that all or any part of the Seller’s facilities can be temporarily closed for maintenance purposes. The club will be closed on Memorial Day, July 4, Labor Day, Thanksgiving, Christmas, and New Year’s Day. In addition, abbreviated hours apply to various holidays without obligation on the part of the Seller to extend the term of this contract. Buyer agrees that certain equipment or facilities may not be available at all times due to scheduled classes, events, training, competition, or other purposes. Based on Seller’s discretion, certain facilities may be temporarily closed due to maintenance or other reasons without notice, and equipment or facilities may be added, sold, or modified as Seller deems necessary to meet Seller’s standards for the Facility. Buyer acknowledges that membership does not guarantee the use of particular equipment or facilities. 

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Article VII 
Miscellaneous 


Seller shall not assign this Contract, except in connection with the sale or transfer of the Facility. Buyer acknowledges and agrees that this contract constitutes the entire understanding with Seller, that this Contract may be changed only in writing signed by Seller and Buyer, and that Seller has made no representations other that those expressly contained in this Contract. Buyer agrees that if Seller’s equipment or facilities malfunction and such malfunctions substantially affects Buyer use of the Facility, Seller has no obligation to Buyer as a result thereof, except if such malfunction is due to Seller’s negligence and such malfunction is not repaired within a reasonable period of time after notice to Seller. In such event, Seller’s sole obligation to Buyer shall be to extend the Term at no additional cost to Buyer for a period of time equal to the period in which Seller was unable to perform. If any other similar facility is made available to Buyer during such a period of time, than no extension of the Term shall be given to Buyer. If any part of this Contract shall be held void or unenforceable, the remaining provisions of this contract shall continue in full force and effect. This contract is governed by and shall be construed in accordance with the laws of the state of Illinois. 

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THE MART

Monday - Friday: 6:00 am - 8:30 pm

Saturday: 9:00 am - 3:30 pm

Sunday: Closed

THE MART - Second Floor

222 Merchandise Mart Plaza

Chicago, IL 60654

312-686-1015

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