Terms and Conditions
ABC FITNESS
REQUEST FOR PREAUTHORIZED PAYMENT
I/We hereby request the privilege of paying to ABC Fitness Solutions, LLC (“The Company”), Sherwood, AR 72124, and further authorize the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed above.
Subject to the following conditions:
1. The items outlined in Your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, You authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
2. One-Time Transfers: When You provide a check as payment, You authorize the Company either to use information from Your check to make a one-time EFT from Your account or to process the payment as a check transaction. When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
3. If the regular payments set forth in the Membership Agreement should vary in amount, You are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, You choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment You have made.
4. By executing this Agreement, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Company’s website: www.abcfitness.com under Terms of Service.
5. The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
6. If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
7. If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
8. By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
9. This preauthorization payment arrangement shall apply to the following Applicant(s):
You the buyer, may rescind the membership contract within three business days after the receipt by the buyer of a copy of the contract. You may rescind the sale either by telegram, mail, or hand delivery. For purposes of this section, notice of rescission is considered given, if by mail when postmarked, if by telegram when filed for telegraphic transmission, or if by hand delivery when delivered to the seller’s place of business.
The Member has the right to cancel this agreement/contract within three (3) business days after the date of the signing of the agreement/contract by notifying Club Loveland at the above address or hand delivering the notice to Club Loveland with receipt before twelve midnight (12:00 AM) on the third business day after the date of the contract. Such notice must say that the Member does not wish to be bound by this agreement/contract and be accompanied by the contract forms, membership cards, and any and all other documents as evidence of indebtedness signed by the Member to be cancelled by Club Loveland. Member may also cancel this contract if the club moves, or goes out of business and fails to provide alternative facilities within five (5) miles of the location designated in this agreement/contract. If Member so cancels, Club Loveland may retain or collect a portion of the contract price equal to the proportionate value of the services or use of facilities Member has already received. Member may also cancel if he/she becomes disabled, or under the prescription of a physician has been ordered to cease an exercise program, and provides Club Loveland with evidence of said prescription. Member may also cancel should a move of more than 50 miles takes place during the length of an elected contract. Member must provide evidence of move to Club Loveland.
ADDITIONAL CANCELLATION POLICIES:
Buyer or buyer’s estate may also cancel this contract if:
1. The buyer dies;
2. The buyer becomes totally physically disabled as determined by a licensed physician for the duration of the membership contract;
3. The health club is moved to a location that is more than five miles from the location of the establishment when the buyer entered into the membership contract;
4. The membership in the health club is transferred to a location of the same club or another club, which location is more than five miles from the location of the club when the buyer entered into the contract, and this transfer occurs because of cessation of health club services at the club location from which the membership is transferred;
5. The seller permanently discontinues operation of the health club or sells the health club and the sale results in substantial alteration of the quality of health club services or facilities or the nature of benefits so that they no longer conform to the provisions of the membership contract, but there shall be a thirty-day ‘right to cure’ during which the fees payable by the buyer under the membership contract shall be suspended and the health club may bring the services, facilities, and benefits into conformance with the provisions of the membership contract;
6. Voluntary Resignation. A member may resign from Club Loveland by giving thirty (30) days advance written notice after his/her/their contract payments have been fulfilled and prior to the beginning of the next month of membership to the Membership Services Office (forms are available during business office hours). Such voluntary resignation shall not be deemed effective until after the expiration of the thirty (30) day notice period and receipt of the Member’s membership cards(s) and after all required payments have been made by the member to Club Loveland. Subsequent to his/her/their voluntary resignation and all payments received in full, a Member shall not be subject to any further dues or other charges.
All payments made pursuant to the membership contract will be refunded, less a prorated fee for days of actual use of the health club by the buyer, within fifteen days after the seller receives the buyer’s written notice of rescission.
Membership Terms
Article I
CLUB POLICIES
Section 1. Provisions. The classifications of Members, the amount of dues payable by the members, the suspension and expulsion of members, and all other matters affecting or relating to the members or membership shall be under the complete and absolute control of Club Loveland. Club Loveland is committed to the health, safety, welfare of each of its members and staff and will not tolerate conduct which in the sole opinion of Club Loveland is threatening, obscene, harassing, indecent, illegal or unacceptable behavior. If Club Loveland finds a member has committed such conduct, Club Loveland may take disciplinary action against the member up to and including termination of membership without refund. Club Loveland reserves the right to cancel this Agreement and terminate your Membership or other privileges granted by this Agreement in the event a member fails to comply with any of Club Loveland rule or directive; or fails to make timely payment of member’s obligations under this Agreement. A terminated Member shall remain fully liable to Club Loveland for all Fees and any other expenses payable to Club Loveland. The dues applicable to any type of membership and any other charges imposed by Club Loveland may be amended at any time without notice.
Section 2. Nondiscrimination. It is the policy of Club Loveland to accept applications for memberships from any individual, couple, family, or business of good character and responsible credit background without regard to race, creed, color, sex, national origin, disability or any other protected classification.
Article II
DUES AND OTHER CHARGES
Section 1. Dues. Club Loveland shall, from time to time, determine the amount and terms of dues which shall be payable by the Member(s) on or before the 22nd of that month. The obligation to pay dues is not dependent on the availability of all Club Loveland facilities. Activities, repairs and/ or maintenance of facilities may make it necessary for Club Loveland to restrict use of one or more of the facilities or to temporarily close Club Loveland which will not reduce or suspend the membership’s obligation for payment of dues.
Section 2. Late or Returned Item Charges. Payments that are not received within ten days of due date will be considered delinquent and the Member will be assessed a late fee of $9.50. In addition, a $23.50 charge may be assessed to any Member for a returned check, EFT or Credit Card Draft as a result of insufficient funds, account closed or similar circumstances.
Section 3. Delinquent Accounts. A member failing to make payment within thirty (30) days will be classified as delinquent and will be responsible for all collection costs, including attorney and other collection fees.
Section 4. Prepaid Dues are non-refundable.
Section 5. Additional Charges. All additional charges incurred by a Member are due upon receipt of the invoice. Sections 2 and 3 of Article II, contained herein, shall be applicable to all payments made to Club Loveland in this regard.
Article III
RULES AND REGULATIONS
Section 1. Registration. A member must check in and present his/her/their membership card each time he/she/they use Club Loveland. A member requesting access to Club Loveland without his/her/their membership card may be required to pay the usual Guest fee.
Section 2. Attire and equipment. Proper attire is required for participants using Club Loveland. Shirts and shoes are required in all public and recreation areas. No footwear other than appropriate shoes for that activity may be worn. No athletic attire shall be left on premises overnight unless the Member has an assigned locker.
Section 3. Damages. The cost to repair damages to Club Loveland property by a Member, or a Member’s Guest shall be paid by the Member.
Section 4. Children/dependents. Children under the age of 12 must be accompanied by an adult (aged 18 or older) at all times while at Club Loveland. Specific age restrictions are placed upon children throughout Club Loveland as they pertain to each area. Please refer to the Membership packet for these age restrictions.
Section 5. Private Parties/early closure. Club Loveland is available for use by all club members. Club Loveland staff reserve the right to close areas of the facility from time to time for private functions. Notification will be posted approximately 24 hours in advance. Membership expiration dates will not be extended due to closing for private functions or other reasons. Early closures of facility occur from time to time for Holidays, or private functions. Notice will be posted in advance of these early closures.
Section 6. Guest Policies. A). Free Guest Day One free guest per member on the third Friday of each month. B). Other Guest Privileges: Please remember that Club Loveland is a private club. Membership does not sell one-day passes to the public. These guest fees are paid at the front desk. C). Please note: ALL guests must be accompanied by a Member. The same guest may only accompany a Member twice in the same month. If guests wish to visit more than twice in one month, then Membership welcomes them to become members! D). Out-of-Town Visitors. Club Loveland Membership Services office provides Members with out-of-towner passes they can purchase for their visitors. Only active, current Members are eligible to buy these passes, which are valid for 30 consecutive days. Cost: $40 per person. IDs will be required when guests check in to verify their out-of-town status.
Section 7. Freeze, hold or suspension of membership requested by member. As a courtesy to Members, Club Loveland allows for a hold period to Members existing and current memberships. These holds and release of holds are effective on the first day of the month, with a maximum hold period of 6 months and a minimum hold period of 2 months, with a $10 hold fee. Forms are available in the Membership Services office during membership office hours. If a Member is unable to return and needs to cancel a membership, the Member is responsible for the thirty (30) day written notice as detailed in Article I, Section 1. The membership will terminate thereafter. To ensure that Members hold request is processed in a timely manner, please complete the appropriate paper work by the 20th of the month prior to the start of the freeze month. Documentation providing proof of long term travel or medical reasons is required to freeze a membership.
Section 8. Features. Features included in membership fees are as follows: stationary cardio equipment, weight training equipment, free weights, public locker areas for day use, indoor pools, hot tub, steam rooms, basketball court during non-league times, spin classes, group exercise classes, Master Swim classes, yoga and pilates mat classes, and personal fitness orientation with fitness staff. Features not included in membership are as follows: Childcare services, meals/beverages from CAFE, Pro- shop purchases, Pilates Reformer classes & training, Personal Training Sessions, Boxing classes, Specialty Master classes, Rocky Mountain Physical Therapy, massage therapy, tournaments, leagues, swim lessons, swim team.
Section 9. General. All members shall be required to comply with and abide by any and all rules and regulations governing Club Loveland. Members who violate such rules and regulations shall be subject to the termination of his/her/their membership pursuant to Article I section 1.
Section 10. Rules not inclusive. The rules contained herein are not inclusive. Amendments to these rules and regulations may be made from time to time as necessary. On all questions regarding the interpretation of these rules and regulations, the decision of Club Loveland management shall be final.
Article IV
MEDICAL EXAMINATION
Section 1. Physical Examination. All members are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any exercise program or activity. If a proposed member has a history of heart disease, or any other physical or medical condition that could be affected by exercise, he/she/they should consult a physician prior to joining Club Loveland.
Article V
WAIVER OF LIABILITY
Because physical exercise can be strenuous and subject to risk of serious injury, Club Loveland urges all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. Members (and each guest, and all participating family members) agree that if any of them engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, they do so entirely at their own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary of food supplement changes. Member agrees that Member is voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. Club Loveland is also not responsible for any loss of personal property. The waiver and release of liability includes, without limitation, all injuries which may occur as a result of (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c) our instruction training, supervision, or dietary recommendations and (d) your slipping and falling while in Club Loveland, or on the premises of Club Loveland, including adjacent sidewalks and parking areas.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Club, its agents and employees. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. Member acknowledges that Member has carefully read this “waiver and release” and fully understands that it is a release of liability. Member expressly agrees to release and discharge the Club Loveland and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and Member agrees to voluntarily give up or waive any right that Member may otherwise have to bring legal action against Club Loveland for personal injury or property damage.
By my (our) signing this agreement, I (we) acknowledge that I (we) have carefully read this agreement and understand its content. I also acknowledge that this agreement cannot be modified or changed orally.
Contact. Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Club Loveland and ABC Fitness Solutions, LLC, including its agents and affiliates, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Club Loveland and/or ABC Fitness Solutions, LLC.
Arbitration. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC.
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN Consent. Certain laws and regulations may require Club Loveland and/or ABC Fitness Solutions, LLC, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Club Loveland and/or ABC Fitness Solutions, LLC, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Club Loveland and/or ABC Fitness Solutions, LLC, and requesting paper copy. Member may withdraw its consent at any time by notifying the customer service department of Club Loveland and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically. Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Club Loveland and/or ABC Fitness Solutions, LLC, and to promptly notify Club Loveland and/or ABC Fitness Solutions, LLC, of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Club Loveland and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Club Loveland and/or ABC Fitness Solutions, LLC, will notify Member following such material modification. By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Club Loveland and/ or ABC Fitness Solutions, LLC.
FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS
AT:
1-888-827-9262
www.abcfitness.com