Terms & 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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):
TERMS AND CONDITIONS OF AGREEMENT
An orientation session is available for buyers who have elected not to purchase personal training.
If member is using the baby-sitting services this is limited to a two hour period and parents must remain on site for entire period children are under baby sitters care. If you witness an injury or are injured it is your responsibility to report such injury or incident to a staff member.
PROMISE TO PAY: Buyer promises to pay to Seller or to Seller’s Order, Buyer’s Cash Down Payment and the Total of Payments according to the payment schedule shown above. Buyer shall make all payments to Seller at the address shown above unless Seller notifies Buyer in writing to make payments to a different address.
TERMS OF MEMBERSHIP AND RENEWAL PROVISIONS: Services under this contract are for the number of payments listed above. Your contract will automatically extend to a payment to payment following the expiration date of this contract by paying the same bi-weekly dues amount then being charged for the type of membership you originally purchased. This option may be exercised only if you comply with the following: (a) Buyer is a member in good standing at the expiration of the membership term. (b) Buyer is not delinquent in the payment of any installments due hereunder or in default as to any terms of this agreement.
Buyer’s membership will thence continue on a payment to payment basis with Buyer having the right to cancel said membership thereafter at any time upon giving Seller thirty (30) days written notice of his desire to cancel said membership. Any extension of Buyer’s membership will be according to the same payment terms and subject to the same rules and conditions of the initial membership
Buyer shall continue to be responsible for payment of all installments that have occurred under the terms of this Agreement prior to Buyer’s giving Seller written notice of this relocation and cancellation.
For purposes of construction herein residence shall mean domicile. Any refund that Buyer may be entitled shall be determined by pro-rating the membership fee or extension fee, whichever appropriate, over the unused portion of the membership or extension term.
RELOCATION: The relocation must be a distance more than 8 miles from their current residence (as shown on this contract) and the residence to where the member is relocating to must be more than 10 miles from any facility owned or operated by Dynamic Fitness. Cancellation under this section is subject to acceptance proof as may be required by Seller. Cancellation under this section is effective and binding on the Seller only when in writing and signed by an authorized representative of the Seller. Any refund due under the terms of this section shall be pro-rated from the date of the permanent relocation of the member and shall be paid by the Seller no later than the last working day of the payment following the approval by Seller of the member’s request for cancellation under this section. Cancellation is subject to a cancellation fee.
PURCHASER’S RIGHTS UNDER TEXAS HEALTH SPA ACT: to extent the club is considered a “health spa❞ under the Texas Health Spa Act (the “ACT”), as purchaser you have the following rights under the Act:
A) IF YOU DECIDED YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA. YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: ABC FITNESS SOLUTIONS, LLC, PO BOX 6800, SHERWOOD, AR 72124.
B) IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY CANCEL THIS CONTRACT BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT, THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: Abc Fitness SOLUTIONS, LLC, PO BOX 6800, SHERWOOD, AR 72124.
C) IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: ABC FITNESS SOLUTIONS, LLC, PO BOX 6800, SHERWOOD, AR 72124.
D) IF THE HEALTH SPA DOES NOT OPEN 6 MONTHS FROM TIME OF PURCHASE OF MEMBERSHIP, YOU ARE ENTITLED TO FULL REFUND OF THE MONEY YOU PREPAID. HOWEVER, IF ANOTHER HEALTH SPA, OPERATED BY DYNAMIC FITNESS LOCATED WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED AND IF YOU ARE AUTHORIZED TO USE THE OTHER FACILITIES, YOU ARE ENTITLED TO RECEIVE A FULL REFUND OF YOUR MEMBERSHIP ONLY IF THIS LOCATION DOES NOT OPEN 6 MONTHS FROM TIME OF PURCHASE OF MEMBERSHIP.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT: You understand that you have signed an installment promissory note. Your failure to use this membership or facilities does not relieve you of your liability for payment hereunder other than as described above and your membership is absolutely nontransferable, nonassignable, non-refundable, and non-cancelable, except as provided in this Agreement. You understand the Seller shall be entitled to sell, transfer, discount or assign this agreement to a financial institution or other entity without consent of the Buyer. WARNING: If you have history of heart-related disease, you should consult a physician before purchasing a membership. A person entitled to membership privileges under this Contract who has history of heart-related disease also should consult a physician before utilizing the programs and facilities of the Seller.
LAW APPLICABLE: Texas state law governs this Agreement.
INVALID PROVISION: The provisions of the Agreement are severable. If any provision of this Agreement is declared to be void, invalid or unenforceable, it is the intention of all parties to this agreement that remainder of the Agreement will remain valid and enforceable.
LIABILITY: If more than one Buyer is signing this Agreement, each Buyer is jointly and severally responsible to fully preform all obligations under this Agreement. It is Buyer’s responsibility to know whether this Agreement is in default for nonpayment or any other reason.
NO WAIVER OF RIGHTS: Seller does not waive its right to have future payments made when due if Seller accepts a late partial payment or delays in the enforcement of it’s rights on any occasion.
APPLICATION OF PAYMENTS: Seller will apply all payments received to pay the installments (including late charges, if any) in the order in which they are scheduled to be paid.
DISHONORED CHECK FEE: If a check, draft, or order for the payment of money on any bank or other depository submitted by Buyer to Seller as payment is not honored by the bank, then Seller may add a service fee for the return of any dishonored instruments to the unpaid balanced under this agreement.
DEFAULT: You are in default if:
(A) We do not receive an instrument payment from you on or before the date it is due or
(B) You fail to fulfill any obligations or promises under this Agreement including but not limited to full compliance with Club Rules and Regulations.
ALTERNATE BILLING: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, any membership-related obligations, retail transactions, and/or online purchases to any form of payment you have provided us until such time as you revoike your authorization for that method if payment by written notification delivered to the club in person or preferable via mail to the address listed above.
ACCELERATION OF PAYMENTS: If you are in default in the agreement, Seller can immediately without notice demand payment of all unpaid installments.
ATTORNEYS FEES AND COURT COSTS: If your failure to pay and one or more of the installments due under this agreement results in Seller’s retaining an attorney for collection of the installment due hereunder, you shall be responsible for the payment of court costs and reasonable attorney fees of thirty (30%) percent of the unpaid principle and interest due hereafter.
WAIVER OF EXEMPTIONS: Buyer waives, as to the debt incurred in this agreement or any extension hereof, all rights of exemption as to personal property allowed under the United States Constitution, the laws of the State of Florida or any other state.
LIABILITY WAIVER: It is expressly agreed that all use of the fitness facilities shall be undertaken by Buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries, illness or damage to buyer or his guests, not the property of any Buyer or his guests, nor be subject to any claim, demand, injury, illness or damages whatsoever, Including but not limited to those damages resulting from acts or active or passive negligence on the part of the Seller, it’s successors or assigns or officers and agents. It is specifically agreed that Seller shall not be responsible or liable to Buyer or his guests for articles lost or stolen in the Club. The Seller shall not be responsible or liable for loss or damage to any other property of Buyer or his guests, including their automobiles and contents thereof. It is also agreed that any damages to the Club facilities or property, or to the property of the Buyer by another Buyer or his guests, is the sole responsibility of the offending Buyer.
Buyer agrees that he is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, guests, or to the property of either. Buyer further agrees to indemnify the Seller of any loss caused by Buyer for which the Seller is accused or held liable including reasonable attorney fees. Buyer shall continue to be responsible for payment of all installments that have accrued under the terms of the Agreement prior to Buyer’s giving Seller written notice of his relocation
and cancellation.
For purposes of construction herein residence shall mean domicile. Any refund that Buyer may be entitled shall be determined by pro-rating the membership fee or extension fee, whichever appropriate, over the unused portion of the membership or extension term.
VIDEO / BLOGGING CLAUSE: Buyer understands that the club occasionally photographs/videotapes client events/sessions. By signing this agreement the undersigned provides written approval to use these images or video in any and all media for promotional purposes.
INCREASE OF BI-WEEKLY DUES: Dynamic Fitness reserves the right to increase bi-weekly membership dues allowable by law. In the event that your dues increases you will be notified by mail or e-mail 30 days prior to scheduled date. Such increases will only occur only after your initial term as defined herein.
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 Dynamic Fitness and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to it’s debt collection agencies or attorneys, 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 Dynamic Fitness and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.
NOTICE: ANY HOLDER OF THE CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. RULES OF CONDUCT:
1. You must check in at front desk with your barcode upon arrival. You must comply with all check in policies.
2. You must comply with Kids Zone policies.
3. You must re-rack your equipment after use. Please do not slam or drop weights. 4. You agree to disinfect/wipe down all equipment after use.
5. Please store all belongings, including gym bags, keys, etc, in the lockers provided. Gym bags, open containers, and chalk are not allowed on the workout floor. 6. For your safety, please inspect equipment before use and report any unclean or damaged equipment to the front desk.
7. Please refrain from yelling or using of obscene language on the workout floor. 8. Guest passes are for local residents living within a 10 mile radius only. One guest pass is allowed every 120 days.
9. Use of facility can be done by an existing member or a registered guest. No one under the age of 12 may be on the workout floor and no one under 16 may workout without supervision of someone over the age of 18.
10. If your child is participating in our Kids Zone you must remain on the premises during the scheduled session to ensure child safety.
11. Revoke Statement: Dynamic Fitness reserves the right to revoke anyones membership with or without cause to ensure the safety and security of its members and employees.
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 Dynamic Fitness and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, 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 Dynamic Fitness and/or ABC Fitness Solutions, LLC, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.
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.
Biometric Technologies. The terms “biometric identifier” and “biometric information” as used in this paragraph are intended to have the same definitions as provided in the Texas Biometric Information Privacy Act, Dynamic Fitness and ABC Fitness Solutions, LLC utilize biometric identifiers and biometric information, including fingerprint scans, member or facial recognition, or other biometric identifiers and biometric information. Dynamic Fitness and ABC Fitness Solutions, LLC collect, store, receive, obtain, and/ or use biometric identifiers and biometric information only for the specific purposes of tracking group fitness class popularity, class participation, and club and/or class attendance or access. Dynamic Fitness and ABC Fitness Solutions, LLC will retain your biometric identifiers and information until such time when the initial purpose for collecting or obtaining such biometric identifiers or biometric information has been satisfied (such as if Dynamic Fitness ceases the use of biometric identifiers or biometric information as described in this paragraph), or within three (3) years of your last interaction with Dynamic Fitness, whichever occurs first. Dynamic Fitness and ABC Fitness Solutions, LLC use appropriate information security safeguards designed to protect biometric identifiers and biometric information when it is being collected, stored, and transmitted. These safeguards include firewalls, physical and digital security measures, encryption, identity and access restrictions, authentication and authorization controls, system and event logging, and file backup. The technology that Dynamic Fitness uses to collect and capture the biometric identifiers provides encrypted information based on the biometric identifier to ABC Fitness Solutions, LLC, but the biometric identifier itself (such as a fingerprint or a facial scan) is not transmitted to ABC Fitness Solutions, LLC, nor is the biometric identifier capable of being obtained or recreated based on the encrypted information transmitted from Dynamic Fitness to ABC Fitness Solutions, LLC. Dynamic Fitness and ABC Fitness Solutions, LLC only have access to encrypted biometric information as required to fulfill the specific purposes identified above in this paragraph. Dynamic Fitness and ABC Fitness Solutions, LLC will not disclose or disseminate any biometric identifier or biometric information to any third party, unless it obtains your written consent to such disclosure or dissemination or as required or authorized by law. By providing your contact information and signing this Agreement, you give your prior express written consent to Dynamic Fitness and ABC Fitness Solutions, LLC to the use of these biometric identifiers, biometric information, and related technologies, as described in this paragraph. Your consent to the use of these biometric identifiers, biometric information, and related technologies is not a condition of purchasing any goods and services, nor is it a condition to maintain this Agreement in good standing. You can choose to opt out of Dynamic Fitness’s and ABC Fitness Solutions, LLC’s use of these biometric identifiers, biometric information, and related technologies in connection with this Agreement by contacting Dynamic Fitness in writing at [email protected].
E-SIGN Consent. Certain laws and regulations may require Dynamic Fitness 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 Dynamic Fitness 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 Dynamic Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Dynamic Fitness 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 Dynamic Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Dynamic Fitness 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 Dynamic Fitness 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 Dynamic Fitness 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 Dynamic Fitness and/ or ABC Fitness Solutions, LLC.
FOR ALL BILLING INQUIRIES PLEASE CONTACT ABC FITNESS SOLUTIONS: 1-888-827-9262 or www.abcfitness.com