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HomeMy WebLinkAboutOMNI HEALTH AND FITNESS CENTER STATE OF GEORGIA COUNTY OF RICHMOND AGREEMENT This AGREEMENT entered into on this a day of~' 2009, by and between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, (hereinafter referred to as "Augusta"), and Omni Health and Fitness Center, located at 3637 Walton Way Extension, Augusta, GA 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 ~f'f: WHEREAS, The Gym is in the business of providing fitness, health and wellness programs; and, WHEREAS, The Gym desires to provide fitness, health and wellness programs to Augusta's erll'ployees. 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. . '. 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 with no joining fees and at a monthly rate of $32.00 dollars per month for 12 months for each general employee desiring membership. In addition, The Gym agrees to allow each member of the employee's household, which includes husband, wife, or r&..~ child under 21, to join The Gym at the rate of $25.00' dollars~er month for 12 months. The Gym also agrees to allow all family members of the employee's household, which includes husband, wife, and/or children under 21, to join The Gym at $79.00 per month for 12 months (or $47.00 per month in addition to the general employee membership rate of$32 per month for 12 months). 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 of a monthly log of all employees accessing The Gym's facilities for the previous month. Said log shall include the employees name and an accurate count '7W1 \~ . ;J.cf.- u 0 a.. I)J q r \0 ' of the number oftimes the employee used The Gym's facilities for the previous calendar 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 any payment by Augusta. 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 one year membership period which can be cancelled in October each year during annual benefits enrollment with the cancellation being effective on January 1 st of the following year. Thirty (30) days written notice must be given to effect said cancellation. 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: OY'f\I\\ ~(~~\~"^ ~ h h~3 ~~ ,I , unless The Gym notifies Augusta in vwiting to make payments to a different address or payee. Payments are due only upon timely receipt of monthly log. 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 Omni: Notice Address of Augusta: Lance Smith, General Manager 3637 Walton Way Extension Augusta, Georgia 30909 Augusta Richmond County City Administrator Fred Russell 530 Green Street Augusta, Georgia 30911 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 ofthe 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. IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered this agreement effective the day and year first written above. AUGUST A, GEORGIA ~~.f OMNI}IE~H AND FITNESS ( //'~!-ii?;;~- Titl~6v4:v',"-1 illl~~- Attes 'S>.'\, " ,,~~ ".. lit,. , t. ,.. ''''~ " G"._'~. ". 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