HomeMy WebLinkAboutPowerhouse Gym
Augusta Richmond GA
DOCUMENT NAME;Voc.()c.( \"\Ol^-Se. b '-t ')1
DOCUMENT TYPE: ~ C -en'! e~t
YEAR: 02-
BOX NUMBER: \l
FILE NUMBER: } G41 1-1
NUMBER OF PAGES: .:J
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STATE OF GEORGIA
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COUNTY OF RICHMOND
This AGREEMENT entered into on this 16th day of October 2002, by and between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, hereinafter "Augusta", and
POWERHOUSE GYM, located at 246 Bobby Jones Expressway, Augusta, Georgia 30907, hereinafter
"The Gym".
Th is AG REEM ENT shall commence upon execution, for a period of one (1) year and
automatically renew on January I sl 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 3 I sl of each year.
WITNESSTH
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:
I. The Gym agrees to provide full access to its fitness facilities to any Augusta employee
desiring such access. Said access shall include all 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 usage of The Gym's facilities.
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4. The Gym agrees to provide said service to Augusta's Employees at a monthly rate of
$25.00 dollars per month for each employee desiring membership. In addition, The Gym
agrees to allow members of the employee's household to join The Gym at the same rate
of $25.00 dollars,
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 a 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 employee's name and the number oftimes 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 one-year membership period
which can be cancelled in October of each year during annual benefits enrollment with
the cancellation being effective on January 1 sl of the following year. 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
employee's contract with The Gym until the individual's renewal date. However, upon
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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
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be made
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.
13. All notices, requests or other communications hereunder, other than payments, 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 Augusta:
Augusta-Richmond County
City Administrator
George Kolb
530 Greene Street
Augusta, Georgia 30911
14. If any part ofthis Agreement is found to be invalid or unenforceable, the remainder ofthe
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 any 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.
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17. The Gym acknowledges 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 have executed, signed, sealed, and delivered this
agreement effective the day and year first written above,
~AUG
~ Mayor Bob
POWERHOUSE GYM
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