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AGREEMENT
This AGREEMENT entered into on this 1st day of Apri12006, by and between
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter
referred to as "Augusta", and The FAMILY Y GYM, located at 3570 Wheeler Road,
Augusta, Georgia 30909, hereinafter referred to as "The Gym".
This AGREEMENT shall commence upon execution, for a period of one (1) year
and automatically renew on January 1st of each year, unless a sixty day written notice to
terminate has been given by either party. Provided proper notice has been given, this
AGREEMENT shall terminate on December 31 st of each year.
WITNESSETH
WHEREAS, Augusta seeks to promote health and fitness to its employees; and,
WHEREAS, The Gym is in the business of providing health and wellness
programs; and,
WHEREAS, The Gym desires to provide health and wellness programs to
Augusta's employees.
NOW THEREFORE, in and for consideration of the following conditions and
mutual benefits to the parties, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
1. The Gym agrees to provide full access to its fitness facilities to any Augusta
employee desiring such access. Said access shall include all local branches.
STATE OF GEORGIA )
COUNTY OF RICHMOND )
2. The Gym agrees to enter into a binding agreement with any employee desiring
access and agrees to hold said employee solely liable for any and all monies due
under the agreement.
3. The Gym acknowledges that Augusta at no time shall be responsible for payment
to the Gym for any employee's usage of the Gym's facilities.
4. The Gym agrees to provide said service to Augusta's Employee at a monthly rate
of $34.00 dollars per month for each general employee and $18.00 dollar per
month for each public safety employee desiring membership. The family rate for
a general employee is $51.00 from April 1, 2006; the family rate for public safety
employee is $35.00. The family rate allows all members of the employee's
household to join. Effective January 1, 2007, the employees rates will increase
$2.00 per month and the family rates shall increase $3.00 per month. For year
2007, the general employee rate shall be $36.00 and the public safety employee
shall be $20.00. The family rate for general employees will be $54.00 and the
family rate for public safety employees shall be $38.00.
5. The Gym acknowledges that they are to collect all monies due from non-Augusta
employees directly from the individual, with the non-employee being solely liable
to the Gym for payment.
6. Augusta agrees as a courtesy and for convenience, to deduct from its employee
payroll, all monies due to The Gym for employee memberships on semi-monthly
basis, and to provide The Gym with one monthly payment upon submission to
Augusta a monthly log of all employees accessing The Gym's facilities for the
previous month. Said log shall include the employees name and the number of
times the employee used The Gym's facilities for the month.
7. The Gym hereby agrees to submit the monthly log to Augusta no later than the 5th
day of each month as an expressed condition precedent to payment.
It is further agreed that:
8. Each employee prior to purchasing a membership, must show proof of
employment with Augusta and provide The Gym with a copy of a completed
payroll deduction form filed with Augusta's Human Resource Department.
9. The Gym agrees to provide Augusta employees with a month to month
membership period which can be cancelled upon 30 days written notice to the
Gym.
10. An employee's termination of employment with Augusta will have no effect
upon the employees' contract with The Gym until the individuals' renewal date.
However, upon such termination, The Gym shall collect all monies owed directly
from said individual with no recourse against Augusta.
11. Unless otherwise specifically provided for in this agreement all fees are non-
refundable and all obligations for payment of fees are absolute.
12. All payments under this agreement shall be made to: The Family Y, c/o Shawn
Eastman, 3570 Wheeler Road, Augusta, Georgia 30909, unless The Gym
notifies Augusta in writing to make payments to a different address or payee.
Payments are due only upon timely receipt of monthly log.
Shawn Eastman, Branch Director
3570 Wheeler Road
Augusta, Georgia 30909
Augusta Richmond County
City Administrator
Fred Russell
530 Green Street
Augusta, Georgia 30911
13. All notice, requests or other communications hereunder, other than payment, shall
be sufficiently given and shall be deemed given when mailed by regular mail,
postage prepaid, addressed to the Notice Address set out below or notice
designate for the receipt of subsequent notices, requests or other communications.
Notice Address of the F AMIL Y Y:
Notice Address of Augusta:
14. If any part of this Agreement is found to be invalid or unenforceable, the
remainder of the Agreement will be valid and enforceable.
15. This Agreement embodies the entire Agreement of the parties hereto and shall not
be altered, changed or modified in any respect, other than as provided for with
respect to the Rules and Regulations of Membership, except in writing, signed by
both parties.
16. This Agreement and Membership Contracts hereunder shall be construed under
the laws of the State of Georgia. The parties through the execution of this
agreement specifically consent to jurisdiction in the Superior Court of Richmond
County, Georgia and waive any right to contest venue and jurisdiction.
17. The Gym acknowledge that all records relating to this agreement and the services
under the contract may be a public record subject to Georgia's Open Record Act
(O.C.G.A.~ 50-18-70, et seq.). The Gym agrees to cooperate fully in responding
to such request and making all records, not exempt, available for inspection and
copying as provided by law.
AUGU TA, GEORG
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IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered this
agreement effective the day and year first written above.
Clerk
Title: