HomeMy WebLinkAboutPowersouth Gym And Augusta Ga.
Augusta Richmond GA
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BOX NUMBER: ~4
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STATE OF GEORGIA )
COUNTY OF RICHMOND )
AGREEMENT
This AGREEMENT entered into on this 29th day of November 2004, by and
between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia.,
hereinafter referred to as "Augusta", and The POWERSOUTH GYM, located at 3736
B Mike Padgett Hwy. Augusta, Georgia 30906, 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 weUness programs to
Augusta's employees.
NOW THEREFORE, in and for conside~ation 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 at a monthly rate
of $29.00 dollars per month for each general employee and $29.00 dollar per
month for each public safety employee desiring membership. In addition, The
Gym agrees to allow all members of the employee's household to join The Gym
at the rate of $12.00 dollars per month.
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
ay of each month as an expressed condition precedent to payment.
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. 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: PowerSouth Gym. 3736B
Mike Padgett Hwy. Augusta,Ga. 30906, 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 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 Power South Gym:
Notice Address of Augusta:
John Gore - Owner
3736 B Mike Padgett hwy.
Augusta, Georgia 30906
Augusta Richmond County
City Administrator
Interim 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 ofthe 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 relation 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.S 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.
AUGUSTA, GEORGIA
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Clerk, . - .
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Title:
OFFICE OF THE CLERK OF COMMISSION
TO:
Laureen Blakley
City Attorney's Office
FROM:
Ora Haugabook
Clerk of Commission's Office
DATE:
January 5, 2005
RE:
Documents to be Initialed
Attached is an original document. It is as follows:
1. Item #4 - Agreement between Augusta, Georgia and the POWERSOUTH
GYM, approved by the Augusta Commission on December 7,2004.
Please have Mr. Shepard to initial the above mentioned item and return to me. If you
have any questions or concerns, please call me at 706-821-1823.
UB:owh
Attachment: Item #4, December 7, 2004
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