HomeMy WebLinkAboutContract 58311-A1 CSC No. 58311-A1
AMENDMENT TO
THE FITNESS CENTER SERVICES AGREEMENT
This Amendment("Amendment")to the Fitness Center Services Agreement and amendments(if any)to it
(hereinafter collectively as "Agreement") is entered into by and between American Specialty Health
Fitness, Inc. ("ASH Fitness"), a Delaware corporation and the Fitness Center identified on the signature
page of this Amendment("Fitness Center").
Recitals
WHEREAS,ASH Fitness and Fitness Center have previously entered into the Agreement which remains
in effect today;
WHEREAS,the Parties wish to amend the Agreement to update certain attachments.
NOW THEREFORE, in consideration of the premises and the mutual covenants set forth herein and for
other good and valuable consideration,ASH Fitness and Fitness Center agree to amend the Agreement as
follows:
Amendment
1. Section 1.01 of the Agreement: Section 1.01 of the Agreement is hereby deleted in its entirety and
replaced with the below language:
1.01 Agreement.Agreement is this Fitness Center Services Agreement between Fitness Center and
ASH Fitness,the attachments and exhibits listed below,the Program Manual and any amendments
to such documents.
Attachment A: Silver&Fit®Basic Attachment
Attachment B: Silver&Fit®Full Attachment
Attachment C: Active&Fit®Enterprise Attachment
Attachment D: Active&Fit®Now Attachment
Attachment E: Active&Fit®Direct Attachment
Attachment F: Intentionally Left Blank
Attachment G: Medicare Advantage and Medicaid Addendum
Attachment H: Program Compensation Attachment
The attachments and exhibits listed above and the Program Manual are hereby incorporated by
reference. However, Fitness Center's obligations will be dependent upon its agreement to
participate in the programs described in Attachment A through Attachment E as indicated on the
signatory page of this Agreement.
2. Section 27 of the Agreement: Section 27 of the Agreement is hereby deleted and replaced to an
extent that various ASH programs were re-listed as per Section 1.01 with the below language:
Fitness Center agrees to participate in the following attachments, as indicated with a check in the
attachment(s)box:
El Attachment A: Silver&Fit Basic Attachment
❑ Attachment B: Silver&Fit Full Attachment
11 Attachment C: Active&Fit Enterprise Attachment
❑ Attachment D: Active&Fit Now Attachment OFFICIAL RECORD
CITY SECRETARY
National Fitness Center Services Amendment(MC) FT. WORTH, TX
(NR) Page 1 l/l/2022
M Attachment E: Active&Fit Direct Attachment
3. Attachment C: Active&Fit Attachment: Attachment C: Active&Fit Attachment is hereby deleted
in its entirety and replaced with the Attachment C attached hereto.
4. Attachment D:Intentionally Left Blank:Attachment D: Intentionally Left Blank is hereby replaced
with the Attachment D attached hereto.
5. Attachment E: Intentionally Left Blank:Attachment E: Intentionally Left Blank is hereby replaced
with the Attachment E attached hereto.
6. Attachment H — Program Compensation: Attachment H Program Compensation Attachment is
hereby deleted and replaced with the Attachment H attached hereto.
7. Reaffirmation. It is further agreed between the Parties except, as herein amended, all other terms,
provisions and conditions of the Agreement shall remain in full force and effect. The terms that
have not been defined here shall take their meaning from the Agreement.
[Intentionally left lank; Signature is on the next page)
-A.,&
National Fitness Center Services Amendment(MC)
(NR) Page 2 l/l/2022
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: Cvl of this contract,including ensuring all
Name: Jesica McEachern performance and reporting requirements.
Title: Assistant City Manager
Date: OU 25, 2022
By:
Approval Recommended: Name: Sheri Endsley
Title: District Superintendent
Park&Recreation Department
By: )06g fa-, Approved as to Form and Legality:
Name: Dave Lewis
Title: Acting Director
Park&Recreation Department ALL
By: Nico Arias(Oct 19,202211:15 CDT)
Name: Nico Arias
By: C Title: Assistant City Attorney
Name: Kelli Pickard
Title: Assistant Director Contract Authorization:
Park&Recreation Department ` M&C: N/A
Form 1295:N/A
Attest:
Glbled e ODG� f
By: Jannette S.Goodall(Oct 25,202215 8CDT) pO`°O°O�r
Name: Jannette S. Goodall' ) ��►°0
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Title: City Secretary v0 0 d
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ASH Fitness:
American Specialty Health Fitness,Inc.
By:
Name: George DeVries
Title: Founder and CEO
Date: 9/15/2022
Effective Date of Amendment OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
National Fitness Center Services Amendment(MC)
(NR) Page 3 1/l/2022
AMERICAN SPECIALTY HEALTH FITNESS,INC.
FITNESS CENTER SERVICES AGREEMENT
ATTACHMENT C-ACTIVE&FIT®ENTERPRISE ATTACHMENT
1.0 DEFINITIONS.
For purposes of this Agreement and in addition to the terms elsewhere defined herein,the following terms
shall have the meanings indicated:
1.01 Active&Fit Enterprise Program. The Active&Fit Enterprise Program is a fitness program
whereby ASH Fitness or its affiliates arrange for the provision of Services to Members.
This program provides Member with a Standard Fitness Center Membership.
2.0 FITNESS CENTER OBLIGATIONS
2.01 Free Trial Obligation. Fitness Center shall offer and honor a one-time free trial(guest pass)
for each individual to try out the Fitness Center if the participating location offers such a
program prior to joining if the individual requests one.
National Fitness Center Services Amendment(NR)-MC
Attachment C—Active&Fit Enterprise Page 4 of 8 01/01/2022
AMERICAN SPECIALTY HEALTH FITNESS,INC.
FITNESS CENTER SERVICES AGREEMENT
ATTACHMENT D-ACTIVE&FIT®NOW ATTACHMENT
1.0 DEFINITIONS.
For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms
shall have the meanings indicated:
1.01 Active&Fit Now. A product of Active&Fit,Active&Fit Now,is a fitness program whereby
Fitness Center arrange for the provision of Services to the general public or affiliate organization
members who are not covered by ASH Fitness or its affiliates by other ASH Fitness Programs or
Products. This Active&Fit Now product provides individual(s) with either a Standard Fitness or
Premium Fitness Membership based on the rates in effect with a Fitness Center for this product.
2.0 FITNESS CENTER OBLIGATIONS
2.01 Free Trial Obligation. Fitness Center shall offer and honor a one-time free trial(guest pass)
for each individual to try out the Fitness Center if the participating location offers such a
program prior to joining if the individual requests one.
National Fitness Center Services Amendment(NR)-MC
Attachment D—Active&Fit Now Page 5 of 8 01/01/2022
AMERICAN SPECIALTY HEALTH FITNESS,INC.
FITNESS CENTER SERVICES AGREEMENT
ATTACHMENT E-ACTIVE&FIT®DIRECT ATTACHMENT
1.0 DEFINITIONS.
For purposes of this Agreement and in addition to the terms elsewhere defined herein,the following terms
shall have the meanings indicated:
1.01 Active&Fit Direct.A product of Active&Fit,Active&Fit Direct,is a direct to consumer fitness
program whereby ASH Fitness or its affiliates arrange for the provision of Services to Members.
This program provides Member with a Standard or Premium Fitness Membership.
2.0 FITNESS CENTER OBLIGATIONS
2.01 Free Trial Obligation. Fitness Center shall offer and honor a one-time free trial(guest pass)
for each individual to try out the Fitness Center if the participating location offers such a
program prior to joining if the individual requests one.
t
National Fitness Center Services Amendment(MC)-(NR)
Attachment E—Active&Fit Direct
Page 6 l/l/2022
AMERICAN SPECIALTY HEALTH FITNESS,INC.
FITNESS CENTER SERVICES AGREEMENT
ATTACHMENT H—PROGRAM COMPENSATION
SILVER&FIT BASIC FITNESS CENTER:
The following compensation rate is for a Silver&Fit Basic Fitness Center in the Silver&Fit Program:
Standard Maximum Number of
Benefit Program Compensation Fitness Center Visits Monthly Compensation
Rate Compensated Per Maximum
Month
Silver&Fit Basic $2.50 8 $20.00
SILVER&FIT FULL FITNESS CENTER:
The following compensation rate is for a Silver&Fit Full Fitness Center in the Silver&Fit Program:
Standard Maximum Number of
Benefit Program Compensation Fitness Center Visits Monthly Compensation
Rate Compensated Per Maximum
Month
Silver&Fit Full TBD 12 TBD
ACTIVE&FIT ENTERPRISE FITNESS CENTER:
A Product of Active&Fit®
The following compensation rate is for the Active&Fit Enterprise Program:
Standard Maximum Number of
Benefit Program Compensation Fitness Center Visits Monthly Compensation
Rate Compensated Per Maximum
Month
Active&Fit $3.00 10 $30.00
Enterprise
ACTIVE&FIT DIRECT FITNESS CENTER:
A Product of Active&Fit®
The following compensation rate is for the Active&Fit Direct Program:
National Fitness Center Services Amendment(MC)-(NR)
Attachment H—Program Compensation
Page 7 l/l/2022
Standard Maximum Number of
Benefit Program Compensation Fitness Center Visits Monthly Compensation
Rate Compensated Per Maximum
Month
Active&Fit Direct $3.00 10 $30.00
ACTIVE&FIT NOW FITNESS CENTER:
A Product of Active&Fit®
The following compensation rate is for the Active&Fit Now Program:
Maximum Number of
Benefit Program Compensation Fitness Center Visits Monthly Compensation
Rate Compensated Per Maximum
Month
Active&Fit Now $3.00 10 $30.00
National Fitness Center Services Amendment(MC)-(NR)
Attachment H—Program Compensation
Page 8 l/l/2022