ABC and FitStop LLC collect information about you that is provided in conjunction with your purchase of services from one of ABC’s health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to ABC in any manner, or when you update account or contact information at the club or online. The information ABC collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. ABC collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. ABC uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. ABC’s Privacy Policy is available at https://www.abcfitness.com/privacy-policy/.
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:
CANCELLATION POLICIES
Terms of Membership: I hereby apply for membership at clubs managed and operated by FitStop LLC. I understand that this application is subject to the review and approval of the club management. Upon acceptance of this application, the signatory shall receive membership rights and agrees to abide by all rules and policies of FitStop LLC. These rules are subject to change without notice when management deems it necessary and in the best interest of the club and its members. I understand that my membership may be terminated by FitStop LLC if I am in violation of the club's rules and policies, conduct myself in a manner deemed inappropriate or disruptive to other members, or make false representation of information contained in this application. I will not be entitled to any refund of the enrollment fee or dues paid up to the date of termination. Upon termination of my membership, I am responsible for any outstanding balance due and any reasonable attorney fees and/or collection fees acquired in collection of payments due. FitStop LLC may be closed during certain legal and non-legal holidays, and restrict hours based on court utilization. Use of the club or facilities is also subject to interruption for needed repairs and maintenance. I understand that the enrollment fee is a one-time charge contingent upon continuous membership and must be included with my first payment. If I elect to pay in full, the membership is annual and self-renewing and may be terminated only at the end of an annual period. The initial payment of membership fees and monthly dues is not refundable unless cancelled in writing within three business days of purchase. I understand that this membership is continuous and requires no annual renewal and that my membership is in effect for a minimum of twelve months. If I decide to cancel my membership (after the 12 months), I will provide the club with written notice in-person at the club specified on my Membership Agreement.
Waiver of Liability: FitStop LLC shall not be held responsible or liable by any member or guest for injury to person, or damages or loss of property for any reason. The signatory is familiar with the risks and perils inherent in sport activities conducted here at FitStop LLC, and further, the signatory is undertaking such sports activities; therefore in consideration of being permitted to become a member or guest of FitStop LLC, the signatory hereby voluntarily assumes all risks of personal injury, property damage, and/or participation in any of these sport activities sponsored by FitStop LLC, and further the signatory hereby releases FitStop LLC and its officers, agents, and employees from every claim, liability, or demand of any kind or on account of any personal injury, property damage, or other damages resulting from or in any way associated with the signatory's entry upon property of FitStop LLC and participating in said sport activities. I understand that when using 24 hour facilities that they are under video surveillance in all common areas, FitStop LLC will furnish a panic system that is to be in use whenever the facility is not staffed by a FitStop LLC staff member. The pushing of panic buttons for non-emergency purposes that result in fees charged by emergency responders will be charged to the member(s) involved. Further, the signatory confirms that he/she has read and understands this release.
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 their Membership Agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that FitStop LLC 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 their Agreement, or subsequently provided by Member to FitStop LLC 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.
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 Member's 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 law of your club's location 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 the Member's Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Financial 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 FitStop LLC 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 FitStop LLC 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 FitStop LLC 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 FitStop LLC 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 FitStop LLC and/or ABC Fitness Solutions, LLC, and to promptly notify FitStop LLC an/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 FitStop LLC 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 FitStop LLC and/or ABC Fitness Solutions, LLC, will notify Member following such material modification.
By accepting the terms of Member's Member 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 FitStop LLC and/or ABC Financial Solutions, LLC.
FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT: 1-888-827-9262 OR AT ABCFITNESS.COM
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
Membership Privileges, Notices, Disclosures & Agreements
RENEWAL PROGRAM OPTIONS:
AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of their agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate of the indicated amount, on the indicated date. Cancellation of Renewal and/or any additional Payment Schedules set forth by this agreement will require written, in-person cancellation notice at the club specified on their Member Agreement.
PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the indicated date.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in your Member Agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under your Member Agreement is more than ten days late. A SERVICE FEE OF $23.50 WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE OF $10.00. If the Member is paying monthly dues by electronic funds transfer (EFT), the club's billing company, ABC Fitness Solutions, LLC, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Member paying monthly dues by EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of the Member Agreeement.
Notwithstanding any other provisions of the Member Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
NOTICE: ANY HOLDER OF A MEMBER AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSE WHICH THE 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.