Rules and Regulations

1. Rules of the Center: Entry into the South Jordan Fitness and Aquatic Center (the �Center�) and/or participation in any programs or events sponsored by the Center is an express acknowledgment and agreement by Patrons to be subject to and comply with the Rules of the Center, applicable state and local law, and other policies or directions given by the Center staff or by employees, contractors, agents or volunteers of the City, while in the center or participating in activities or programs of the Center. The term �Rules of the Center� means those rules, regulations, procedures and other directives, (1) set forth in the Membership Agreement (2) set forth in the Pass Application (3) set forth on signs in the Center, (4) set forth in the South Jordan Fitness and Aquatic Center Rules and Regulations (�the Rules and Regulations�), (5) presented to patrons of the Center by the staff or employees, contractors, agents or volunteers of the City, while in the Center or participating in activities or program of the Center, whether presented verbally or in writing, (6) applicable to a single activity or event, and (7) currently in place or implemented at a later time subsequent to the draft date of these Rules and Regulations.

2. Resident Boundaries: A South Jordan City resident is one who resides within the South Jordan City boundaries. These boundaries are diagramed on the South Jordan City district map available for review upon request. Residents must provide current proof of residence by presenting picture ID and a current utility bill or property tax notice. This must be presented at time of purchase. If proof of residence is not available, non-resident rates will be charged. Individuals who own real property within South Jordan City boundaries also qualify for the resident rate.

3. Passes: Upon purchase of a pass, individuals will be issued an identification card that must be presented for admission into the facility. This card, when scanned, will display the patron�s photograph on the computer monitor as well as other pertinent information regarding the patron�s account. Without the pass card the daily admission fee will apply for entrance into the facility. If pass card is lost replacement cards are available for $5.00 each. Passes are non-transferable.

Definitions for application terms are as follows:

A. Family: A family consists of two (2) adults and four (4) children, age 21 and under, who are living in the same residence, are related, and can be claimed as dependents for tax purposes. All of these conditions must exist to determine family status. Variances to this definition may take place for unique situations such as legal guardianship of foster children or an elderly parent dependant for care. To obtain an exception to the policy, a Request for Variance form needs to be submitted. The Facility Director and/or Department Head will make a final decision on each of these requests.

B. Couple: A couple is two (2) adults who live in the same residence.

C. Senior: A senior is an individual who is 60 years of age or older. A senior couple pass may be purchased if one (1) individual in the couple meets this requirement.

4. Patron Privileges: Passes or daily admission entitles users of the Center (�Patrons�) to any open participation times in any activity area according to the area rules, policies, and schedules. This includes the swimming pool, gymnasium, indoor track, land and water aerobic classes and strength and conditioning area.

5. Additional Fees: Fees for the following will be charged in addition to the pass user fees:

A. Personal Training

B. Lesson Sessions (IE � swimming, walking, instructional sports, dance, tumbling, martial arts, etc.)

C. Special Events (IE � Family Fun Nights, running races, sport leagues, tournaments, etc.)

D. Room and Facility Rentals

E. Vending machines or Pro Shop Purchases

F. Child Care Center

G. Other programs necessary to cover additional unforeseen costs.

6. Locker Rentals: A limited number of lockers which may be rented on a quarterly, bi-annual or annual basis. Only Annual and Quarterly pass holders are permitted to rent lockers in this manner. All other lockers are available for daily use and must be cleared immediately after the patron has completed his or her activities. Patrons are responsible for bringing their own lock when using the lockers. Daily use lockers, which are not cleared at the end of the day, will have the lock cut-off and all items will be removed and bagged for pick-up. A $5.00 fee will be assessed at this time and must be paid to have items returned. There will be a two (2) week holding period at which time all items will be sent to an establishment, which collects and sells used merchandise.

7. Refund Policies: A $5.00 administrative fee will be assessed for all refunds which are requested by the patron for circumstances beyond control of the Center. Refunds will be issued within thirty (30) days of approval. Passes, Fitness Passes and Program Fees and other rentals or reservations are non-transferable.

Passes: Full refunds will be available for up to seven (7) days following purchase if Annual Pass has not been used. If Pass was used, the Daily Drop-In fee will be deducted for each admission. After seven (7) days and up to 30 days, a 75% refund will be administered. Quarterly Passes are not subject to refund.

Admissions: the Facility Supervisor will handle all refunds for admissions.

Retail Purchases: No refunds for personal items (IE � shampoo, lotion, goggles, etc.) will be issued. The Facility Supervisor will handle all other refunds.

Programs: A full credit or refund will be given if the class is cancelled. If the refund request is made prior to the first day of class, a full refund will be issued. After the first day of class a 75% refund will be issued. After the second day of class a 50% refund will be issued. No refunds will be issued after the fourth day of class unless otherwise noted.

Room Rentals: Full refunds for reservations will be issued if the request is made within one (1) week of the reserved date and time. No refunds after this time.

8. Facility Entrance Procedures: Any person entering the Center must check-in at the main desk. This is where the pass card is scanned or where the admission fee is collected. If the Patron is going to attend a fitness class then a card is given to the patron once the class fee has been paid. The patron will give this card to the class instructor when summoned. This card may not be taken outside the facility for any reason. Spectators will be allowed in the facility to view activities. They will be asked to leave collateral (keys, drivers license, etc.) and will have a wristband attached to them for identification purposes. This wristband must remain on them during their visit to the Center. When they are ready to leave the facility, a staff member will remove the wristband and their collateral will be returned. If the wristband has been removed, a daily admission fee will be collected before the collateral is returned. Spectators are subject also to all terms and conditions of the South Jordan Fitness and Aquatic Center Rules and Regulations.

9. Facility and Equipment Rentals: Facility rentals are reserved through the Facility Supervisor and are subject to approval by the Department Head. Equipment rentals are provided for a fee at the front desk. Collateral is required when renting equipment.

10. General Facility Rules: The following rules apply to all area of the Center;

A. Use of the facility, activities, programs and equipment, are at your own risk. If you need assistance please request it from the front desk.

B. Locker room doors are always unlocked during facility operating hours. Please be aware that use of these lockers is at your own risk. Parents please be aware of small children using these facilities.

C. Clothing, gym bags, and other items not being worn, need to remain in the locker rooms or personal vehicle. These items are not allowed in activity areas.

D. Glass containers of any kind are prohibited.

E. Alcoholic beverages are prohibited.

F. Smoking is prohibited inside the facility.

G. Pets of any kind, unless for disability aid, are not permitted in the Fitness Center.

H. Additional rules for each activity area are posted within the facility.

I. Entry into the Center and/or participation in any programs or events sponsored by the Center is an express acknowledgment and the agreement by Patrons to the subject to and comply with the South Jordan Fitness and Aquatic Center Rules and Regulations and other policies or directions given by the Center staff while in the Center or while participating in activities or programs of the Center.

11. Indemnification and Hold Harmless: Patrons and spectators of the Center (which includes Pass Holders of the Center, daily admission users, visitors and all others entering the Center) recognize and acknowledge that there are inherent hazards and risks connected with activities at the Center. In exchange for its privilege of entering or using the Center or any of its programs and events, Patrons or spectators, for themselves, and on behalf of their minor children, legal dependants, or other persons under their care or supervision, (1) knowingly and voluntarily assume the risks of such hazards, (2) agree to defend, indemnify and hold the City and its officers, agents, employees and volunteers harmless from and against any and all loss, damage and expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of spectators or Patrons, or of any person whether inside or outside the Center or whether such actors are participating in Center sponsored programs or events, or in activities unrelated to the Center, and (3) release the City and its officers, agents, employees and volunteers from any and all liability arising out of injury or property damage to spectators or Patrons, their minor children, their legal dependants, or others under their care or supervision, except to the extent that such injury or damage is directly caused by the willful act or omission of the City or its officers, agents or employees or volunteers.

12. Modifications to Rules: Patrons and spectators agree to be bound by (1) these Rules and Regulations, (2) by signs within and outside the Center, and (3) directives of the Center staff, currently in effect and as may be changed from time-to-time. Facilities, equipment, hours, service, regulations and policies are subject to change, without prior notice, at the sole discretion of the City.