Terms & Conditions
ABC FITNESS REQUEST FOR PREAUTHORIZED PAYMENT
We hereby request the privilege of paying to the club (the “Club”)
and/or the Club’s billing service provider, currently ABC Fitness
Solutions, LLC (the “Service Provider”), and further authorize the Club and Service Provider 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 of:
Subject to the following conditions:
1. By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
2. If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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. You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00.
4. By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: https://abcfitness. com/terms-conditions/.
5. The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider 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. You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.
8. This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
9. This preauthorization payment arrangement shall apply to the following Applicant(s):
CANCELLATION POLICIES
1. Buyer may cancel this contract within three days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract’s term or, if appropriate, the number of occasions health studio services are to be rendered, into the total contract price and multiplying the result by the number of complete days that have passed since the contract’s making or, if appropriate, by the number of occasions that health studio services have been rendered.
2. Buyer may cancel contract if the health studio goes out of business and fails to provide facilities within five miles or moves its facilities more than five miles from the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract or in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term.
3. Buyer or Member/Buyer’s estate may cancel contract if the buyer dies or becomes totally and permanently disabled during the Membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks of the contract’s term and multiplying the result by the number of weeks remaining in the contract’s term. The contract may require a buyer or the buyer’s estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.
4. In the event that Member/Buyer moves out of town and there exists no affiliated facility within a 25-mile radius of buyer’s new location the contract or Membership agreement may be cancelled at buyer’s option. On an installment sales contract a pro rata refund must be available at buyer’s option.
Congratulations on your commitment to a healthier lifestyle. We would like to take this opportunity to emphasize specific policies and procedures to ensure the integrity of your membership.
PLEASE REVIEW BELOW:
1. Please scan your club membership card when you enter the facility. Sharing your membership barcode is strictly forbidden, and a $50.00 fine will be imposed on individuals who violate this policy.
a. Member will be contacted via telephone and/or email.
b. A $50 fine will be imposed on the next business day via automatic draft for any members who violate the following club rules.
c. Guests are only permitted during hours in which the club is staffed.
d. Sharing barcode/club access with another individual who uses the barcode to access the club.
e. Basic memberships do not include 24-hour access. You can upgrade your membership at any time to have 24-hour access.
f. Minors are only permitted during staffed hours regardless of the membership type.
2. Under no circumstances are persons under the age of 18 permitted access to CLUB4 Fitness during non-staffed hours. For club hours of operation, refer to the CLUB4 App or club4fitness.com. CLUB4 Fitness policies can also be found online at club4fitness.com/membership-policy.
3. All guests are required to pay a $15.00 guest fee, complete the guest register, and comply with all guest policies: limit to 3 visits per year.
4. Proper exercise attire assures a healthy environment which is why the following restrictions MUST be followed:
a. No jeans, jean shorts, or work (non-athletic) clothing is permitted to be worn during workouts.
b. No work boots or open-toed shoes, including sandals and/or ‘flip-flops’ on the exercise floor, whereas proper athletic shoes are required to be worn on the exercise floor.
c. No cargo pants or non-athletic gear with zipper and/or metal buttons may be worn during exercise.
d. No hoodies or sunglasses are permitted on the exercise floor.
e. Clothing must not compromise safety, nor can it be considered provocative, so see-through material and clothing bearing controversial signs, sayings, and slogans are prohibited anywhere in the CLUB facility.
5. I understand that if I choose to request an agreement cancellation it is a 30-day cancellation process
6. Personal training and fitness assessments are available at an additional cost.
7. We only allow personal training or coaching by CLUB4 Fitness employees. All trainers not employed by CLUB4 Fitness must have management’s approval for membership. Trainers/Gym Owners who are employed by other clubs, freelancers, part timers, hobbyists, sports trainers are also restricted on bringing guests other than their own spouse or child, otherwise you must be alone at all times. It is also in our rights to refuse membership to protect the integrity of our business and our current “employed” personal trainers and coaches. Any violation in the above policy will result in immediate termination of membership and a lifetime ban at any Club location.
8. As a gym courtesy, we ask that you rack all weights.
9. We do not allow weightlifting chalk. CLUB4 Fitness supports specific guidelines around the execution of lifts. Dropping, slamming, or bouncing equipment for any reason is strictly prohibited. Please see your manager or fitness staff for questions.
10. We ask that you refrain from loud grunting while working out.
11. No tobacco products of any kind are allowed in CLUB4 Fitness facilities.
12. No personal training/supplement solicitation at any time.
13. NO tripods, videoing or photography is permitted in the facility at any time for social media use to promote a personal training or online training business.
14. To respect our members and staff “Gym Pranks” for the use of social media or any other reason will not be tolerated at CLUB4. Any violation of this policy will result in immediate membership termination.
15. NO external speakers are permitted in our clubs for the convenience of our members.
16. ALL members are required to have a digital photo on file, taken at the time of enrolling for membership for the purpose of account verification and ownership.
17. Member agrees and consents that CLUB4 Fitness may use photographs, interviews, videos, and any other media featuring you and/or your children for purposes of advertising, illustration, broadcast, or distribution in any legal manner, and you waive any claim for compensation for such use.
18. All new members receive one (1) FREE fitness consultation on US, a $50 value.
MEMBER SERVICES: This is the department that MEMBERS should contact for cancels, freezes, billing questions, etc.
Hours: 7 am – 9 pm CT, Monday to Friday
CLUB4 Email: [email protected]
CLUB4 Phone: 833-311-0856
ATTORNEYS’ FEES AND COSTS: In the event of a breach of this Membership Agreement, the non-breaching party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred as a result of the breaching party’s conduct.
ASSUMPTION OF RISK & RELEASE OF LIABILITY: Member(s) desire(s) to voluntarily engage in the various programs at Club4 Fitness. The programs include, but are not limited to, aerobic dance, group exercise classes, tanning, cycling classes, cardiovascular machines, resistance machines, and free weights. All programs and amenities may vary depending on location. Member(s) understand(s) it is his or her responsibility to seek physician approval concerning any preexisting health risks. Member(s) understand(s) there are some dangers, discomforts, and risks associated with physical activity, including but not limited to muscle soreness, strains and sprains, and cardiovascular problems including but not limited to high blood pressure. Member(s) understand(s) that every effort is made to reduce said risks through ongoing training, physical activity, and continuing evaluation by Club4 Fitness personnel. In recognition of the dangers and risks connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) all claims or causes of action of any kind whatsoever arising as a result of such physical activity, use of Club4 Fitness’ facilities, or participation in any service or program offered by Club4 Fitness from which any liability may or could accrue to Club4 Fitness, it’s officers, agents, representatives, owners, employees, instructors, or assigns. Member(s) hereby release(s) Club4 Fitness, its officers, agents, representatives, owners, employees, instructors, and assigns from any and all liability for any injury, damage, or loss that member(s) may incur caused by, arising out of, or in any manner related to member(s) participation in any physical activity, use of Club4 Fitness’ facilities, or participation in any of Club4 Fitness’ programs or services.
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 Club4 and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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.
DISPUTES AND BINDING 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, but to exclude the collection of dues, fees, or costs related to member(s) default or late payment, 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 in the city of your club location and the state of your club location’s law shall apply. In the event of a claim, controversy, or dispute within the scope of this arbitration clause as set forth above, the complaining party shall first provide written notice to the other party of its intent to file a demand for arbitration, which shall state the basis of the claim, controversy, or dispute and the specific relief or dollar amount sought. The non-complaining party shall have thirty (30) days from the receipt of such notice to submit a written response to the complaining party. After receiving written denial of the relief sought from the non-complaining party, or the expiration of thirty (30) days after providing written notice of its intent to file a demand for arbitration, whichever is earlier, the complaining party shall notify the other party of the claim, controversy, or dispute within the scope of this arbitration clause through a demand for arbitration which shall be made within a reasonable time after the expiration of the thirty (30)-day notice period or written denial of the relief sought by the non-complaining party. In no event shall a demand for arbitration be made after two years from the date that the complaining party knew or should have known of the claim. If a demand for arbitration is filed, the initiating party shall pay all required arbitration fees, and the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred in connection with the arbitration. 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 claim, controversy, or dispute between the member(s) and any third party with whom Club4 contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitation, 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 Club4 and/or its third- party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 the Company, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company, 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 the Company. 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 the Company, 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 the Company.
CLUB4 Fitness Kids’ Club Policies:
CLUB4 Fitness agrees to provide temporary, short-term childcare services for the children of our members while those members are present at our fitness facilities. Kids’ Club visits are limited to a maximum of 120-minutes (2 Hours) and one visit per day (per child) and are only available during posted Kids’ Club hours.
1. They are the parent/legal guardian of the child (6 weeks-12 years of age).
2. Kids’ Club is only provided while the parents/legal guardians are on-site at CLUB4 Fitness, and parents/legal guardians understand and agree that membership and childcare privileges may be revoked for violations.
3. CLUB4 Fitness Kids’ Club will not be able to accept sick children. Children who present signs of being sick, have/had a fever over 100 degrees, visible rash, or any other form of illness in the past 24 hours are not allowed for any reason.
4. Picture ID is required to check in/out children from Kids’ Club.
5. Children must be checked in and out by the same person unless permission is given at drop off by parent/legal guardian for another adult to pick up child. Said adult must provide proper identification and sign the child out accordingly.
6. Our Kids’ Club strives to provide appropriate videos, books, and play activities in our playrooms; however, CLUB4 Fitness does not assume any liability or responsibility whatsoever for the content of any such video, book or activity.
7. CLUB4 Fitness Kids’ Club observes a policy where parents will be contacted and asked to retrieve their child if their child cries constantly for 15 minutes or more.
8. Kids’ Club staff will enforce behavioral guidelines for the protection of children and employees. This guideline covers all instances of biting, pinching, fighting, or other acts that may cause physical or emotional pain to others. We reserve the right to deny further admittance to Kids’ Club at our sole discretion.
9. Children should be fed and use the restroom, or have diapers changed before checking in. If the child must use the restroom or needs a diaper change, the parent will be paged to assist the child.
10. No food, gum, or candy allowed. Bottles for infants must be repared by the child’s parents.
11. Children must wear shoes and/or socks while in Kids’ Club.
12. Please leave personal items at home. CLUB4 Fitness is not responsible for lost or damaged items.
13. It is the parent’s responsibility to keep the Kids’ Club informed of any needed updates to their child’s record.
14. CLUB4 Fitness will make every effort to accommodate the needs of all children. However, the Kids’ Club is not staffed or equipped to provide special care for anyone requiring an individual or specialized car or attention.
15. Member agrees and consents that CLUB4 Fitness may use photographs, interviews, videos, and any other media featuring you and/or your children for purposes of advertising, illustration, broadcast, or distribution in any legal manner, and you waive any claim for compensation for such use.
TANNING NOTICE AND WAIVER:
DANGER – ULTRAVIOLET RADIATION
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM
INJURY TO THE EYES
Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult your physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from use of this product.
Prior to MEMBER’s initial exposure, MEMBER was given the opportunity to read the warning above. It was provided to me on my agreement at CLUB4 Fitness. By signing this agreement, MEMBER indicates they fully understand, fully accept, and fully assume all risks associated with tanning.
MEMBER has chosen to use the tanning equipment being offered by CLUB4 Fitness (hereinafter referred to as “Salon”), and I does fully and unconditionally agree to the following: 1)I am fully aware of, I freely accept and fully assume all the risks of injury, illness, and aggravation of medical conditions that are inherent in the use of the tanning equipment. I represent to Salon that I have consulted with my family physician or other health authority regarding my intent to use tanning equipment, and that I am capable of using such equipment, 2) I hereby discharge, relinquish, waive, and release Salon and/or its officers, directors, agents, servants, volunteers, employees, leaders, other tanning participants, parent company, subsidiaries and affiliates (all of whom are hereinafter collectively referred to as Releasees) from any and all loss, damage, expense, injury, accident, delay and/or liability of any kind or nature whatsoever in connection with my use of the tanning equipment, 3) I further indemnify, save, defend and hold harmless Salon and/or its Releasees from all claims, actions and/or expenses which might arise from any use of the tanning equipment, 4) I hereby sign and deliver this release and indemnification to Salon to induce Salon to permit my use of the tanning equipment, and I hereby acknowledge that such use is at my own risk and without any representation of any kind or nature having been made by Salon and/or its Releasees, 5) I do not suffer from any of the following: albinism, actinic prurigo, dermatomyositis, eczema, high blood pressure, lichen ruber planus, lung tuberculosis, lupus erythematosus, melasma, photo allergic eczema, polymorphous light eruption, porphyria, acne, rosacea, solar urticaria, varix, xeroderma, pigmentosum, and/or any other condition which can be aggravated by ultraviolet light exposure, 6) I am not taking any medication that could make my skin extra sensitive to ultraviolet light. I do fully and unconditionally agree to: Always wear eye protection meeting FDA standards while tanning. Use moisturizer in each eye prior to and immediately following use of tanning equipment if I wear contacts. Never tan indoors and/ or outdoors twice in a 24-hour period; Report all skin changes to my family physician or other health authority for evaluation; Notify Salon when I change any medications; Tan my nude body parts only 1/3 the recommended exposure time during initial tanning visits; Read and abide by all signs posted in the tanning room. All information on both sides of this form is correct. By signing this agreement, MEMBER attests or affirms, “I HAVE READ, FULLY UNDERSTAND, AND FULLY AGREE TO COMPLY WITH ALL OF THE ABOVE!”
FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER, ABC FITNESS SOLUTIONS, AT: 1-888-827-9262 •
www.abcfitness.com
ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.