TERMS AND CONDITIONS

CONSUMER’S RIGHT TO CANCELLATION, YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.

ADDITIONAL RIGHTS TO CANCELLATION

You or your estate may also cancel this contract for any of the following reasons: if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death; if the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location. If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller’s obligation under the contract.

1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.
2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.
6. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.
8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.
9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
11. In the event a dispute arises between MEMBER and the club which relates to this Membership Agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER’s use of the club facilities, exercise equipment, or participation in exercise classes or other programs including any injuries to the MEMBER, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
12. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
13. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this
14. Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
15. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
16. I understand that I may not bring anyone with me into the Club during unstaffed “after hours” 24/7 access who is not a member of the Club, or a guest previously authorized by the Club. I understand that bringing any unauthorized persons into the Club during unstaffed “after hours” 24/7 access will constitute a trespass, and that I will be responsible for, and will indemnify and hold the Club harmless against, any loss, claim, injury, damage, or liability sustained or incurred by the unauthorized person and/or the Club as a result of any trespass.
17. I understand that my use of the Club’s facilities is as a member, and accordingly, I accept responsibility for my use of any and all apparatus, appliances, facilities, privilege or service whatsoever, owned and operated at this Club at my own risk, and I shall hold the Club, its shareholders, directors, officers, employer’s representatives, and agents harmless from any and all loss, claim, injury, damage, or liability sustained or incurred by me resulting in connection with such use, whether during times when the Club is staffed, or during unstaffed “after hours” 24/7 access.

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 Answer is 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 Answer is Fitness 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 Answer is 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 Answer is 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 Answer is 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 Answer is 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 Answer is Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Answer is 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 Answer is 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 Answer is 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 Answer is Fitness and/or ABC Fitness Solutions, LLC.