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:
- The items outline 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, 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.
- 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today's date.
- 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.
- By executing this Agreement, You acknowledge Your awareness that certain disclosures required by Electronic Funds Transfer Act and its regulations are available for Your review at the Company's website: www.abcfitness.com under Terms of Service.
- The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
- If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
- 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.
- 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 amount (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.
- This preauthorization payment arrangement shall apply to the Applicant(s) on Your Club Agreement.
- No early cancellation of terms. This contract may be cancelled before midnight of the third full business day after the buyer signs the contract.
- Only after initial terms may the buyer cancel this contract by signing a cancellation notice in person at the Club specified on their Membership Agreement.
- All money paid under a contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.
- The buyer or the buyer's estate may cancel the contract if any of the following occur:
A. The buyer dies.
B. The buyer becomes totally physically disabled for the duration of the contract.
C. The health club facility operated by the seller is moved to a location that is more than five (5) miles from the original facility. However, if a health club facility is closed at any site and a facility with similar health club services is operated less than five (5) miles away from the closed facility, then the buyer's contract may be transferred to the operating facility, if the operator of the facility to which the contract is to be transferred accepts the transfer.
D. The services are no longer available as provided in the contract because of the seller's permanent discontinuance of operation.
- The health club may require and verify reasonable evidence of total physical disability or death. In the case of total physical disability, the health club may also require that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health club. The cost of the examination shall be borne by the health club.
- In the event of cancellation under subsections 4A - 4D the seller may retain the portion of the total price representing the services used or completed plus reimbursement for the expenses incurred in an amount not to exceed twenty-five percent (25%) of the total contract price.
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