WAIVER OF LIABILITY
It is expressly agreed that all use of the fitness facilities, including but not limited to free weights shall be undertaken by a member at his or her sole risk and the Club shall not be liable for any injuries or damage to any member or guest or the property of any member or guest; or be subject to any claim, demand, injury or damage whatever including, without any limitations, those damages resulting from acts of active or passive negligence on the part of the Club, its successors or assigns, as well as its officers and agents, for all such claims, demands, injuries, damages actions or causes of actions. It is specifically agreed that the Club shall not be responsible or liable to members or their guests for articles last or stolen in the Club. The Club shall not be responsible or liable for loss or damage to any other property of members or their guest, including their automobiles and their contents. It is also agreed that any damages to the Club facilities or property of any member by another member or his guest is the sole responsibility of the offending.
WARRANTY OF PHYSICAL FITNESS
The member warrants that he/she is in good physical condition and has no disability, impairment or ailment which would be adversely affected by participation in a physical conditioning program or by use of the Club facilities.
NOTE: Fit Club 24/7 urges all members to obtain a physical examination from their physician prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive their right or cause of action of any kind whatsoever arising as a result of such activity from which any liability may or could accrue to Fit Club 24/7, its officers, agents, employees or instructors.
In exchange for permission of Fit Club 24/7 to show my minor child to work out therein. I hereby agree to be responsible for any and all damages to the premises of; or equipment belonging to, Fit Club 24/7. Furthermore, it is to be understood that the user of the equipment assumes the risk of injury.
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT OPTIONS
You may make payments on an installment basis or in a single payment. Paying the full amount may involve financial risks to you. Read this notice carefully before making
New York State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes. This club is exempt from this requirement since it gives its members the option of paying on an installment basis, therefore, it need not post a bond or other form of financial security.
In deciding whether to make your payments on an installment basis, you should be aware that if the club closes, although the club will remain legally liable for a refund
, you may risk losing your money if the club is unable to meet its financial obligations to members.
YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUBS COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON AVE., ALBANY, NY 12231
ADDITIONAL RIGHTS TO CANCELLATION
You may also cancel this contract for any of the following reasons:
1. If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.
2. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.
3. If you move your residence more than twenty-five miles from any health club operated by the seller.
4. If the services cease to be offered as stated in the contract.
All moneys paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided, however, that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any creditor loan agreement to pay for all or part of health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.
YOUR NOTICE OF CANCELLATION MUST BE IN WRITING AND SIGNED BY YOU. IT MUST BE SENT BY REGISTERED OR CERTIFIED MAIL TO ABC FINANCIAL SERVICES, P0 BOX 6800 NORTH LITTLE ROCK, AR 72124. YOU MUST INCLUDE WITH YOUR NOTICE OF CANCELLATION YOUR COPY OF
THE CONTRACT AND ACCEPTABLE PROOF FOR CANCELLATION. FOR CANCELLATION DUE TO PHYSICAL DISABILITY, A DOCTOR’S NOTE WILL NOT BE ACCEPTABLE. MEMBER MUST SHOW WORKERS COMPENSATION OR COMPARABLE PROOF. MEMBERS RELOCATING MUST SHOW A UTILITY
BILL SHOWING NEW SERVICES IN THEIR NAME; DRIVERS LICENSES WILL NOT BE ACCEPTED. ALSO INCLUDE PHOTO ID AND DAYTIME PHONE NUMBER. MEMBERSHIP WILL BE CANCELLED UPON RECEIPT OF PROOF. NO RETROACTIVE CANCELLATIONS.
YOU MAY ALSO CANCEL BY PAYING A TERMINATION FEE OF $150.00 PROVIDED YOUR ACCOUNT IS UP TO DATE AND IN GOOD STANDING. IF YOU RENEW WITHIN 1 YEAR FORA FULL 1 YEAR MEMBERSHIP YOU MAY APPLY THE $150.00 TERMINATION FEE TOWARDS THE NEW MEMBERSHIP.
If you have any questions pertaining to your account, kindly contact ABC Financial Services at 1-888-827-9262 or online at www.abcfinancial.com.
(Subject to Change Without Notice)
HOURS: The staffed hours of operation shall be posted on the premises of the Club. Hours and days of operation shall be subject to change at the sole discretion of the Club.
GUEST PRIVILEGES: Members may have friends and relatives of eighteen years or older attend as guests. The Club reserves the right to charge $5 per guest which must be paid prior to using the facilities. Guests must sign a Registration Card and agreement. The member agrees to indemnify the Club, its agents and employees, against any and all liability incurred by them to any person brought to the club as a guest, unless the Member has first fully complied with each of the stated guest requirements. Minors between 13 & 17 years of age may be a guest with their parents only, providing parents are members and minors have proper ID.
AMENDMENTS: The Club reserves the right to alter or amend these rules or change the dues and guest fees at any time without notice.
ATTENTION PURCHASER: It is our experience that at various times of the year (for example, mid-January through April or May), the Club attendance may increase substantially. As a result of these variations (different times of year and possible different times of day), you may believe that there is overcrowding compared to that which you see at the time this contract is executed, also, at peak times, you may have to wait for use of showers, dressing rooms or lockers, which may possibly cause delay in your exercising routine. Although these delays may in fact, never occur, we deem it our responsibility to make you aware of this possibility so that you can make a fully informed decision when this contract is executed.
FREEZING A MEMBERSHIP
1. There is a $10.00 per month process fee to freeze any other membership.
2. Memberships may be frozen only for a minimum of one month and a maximum of 6 months for any reason.
3. Members may Freeze one time only during their one-year contract; no retroactive freezing of membership.
4. Member must surrender Membership Card to Fit Club 24/7 prior to Freeze.
5. The amount of time frozen will be added to the current expiration date and may not be used at a later date.
6. If on E.F.T. billing monthly, payments will continue as scheduled in this agreement.
TERMS AND CONDITIONS
By tendering this application, the person whose signature appears on the other side agrees to abide by all rules and regulation:
Fit Club 24/7 now in effect or to become effective at any future date.
1. Membership Card is non-transferrable. Under extenuating circumstances Fit Club 24/7 may authorize a transfer with a fee of $99.00.
2. Membership Card must be presented upon entry and each member must swipe card.
3. No refunds on memberships will be allowed.
4. Lockers are for daily use only.
5. Any abuse of equipment will not be tolerated.
6. Gym bags are not permitted in the exercise area.
7. Equipment must be replaced after use.
6. No barbells or dumbbells are permitted on vinyl benches.
9. Sneakers or suitable footwear must be worn at all times.
10. Only suitable exercise attire should be worn while working out.
11. A shirt must be worn when training, except when posing.
12. Alcoholic beverages and smoking are strictly prohibited.
13. Loud or abusive language will not be tolerated.
14. Nothing other than n-house products, such as vitamins, supplements, sportswear, etc. will be sold on the premises.
15. No training of members for fees.
16. Improper behavior, misuse of equipment or violation of gym rules may result in termination of your Fit Club 24/7 membership.
17. Service fee of $10 to replace lost or stolen Membership Cards.
18. Food and beverages (other than water) are not permitted on the gym floor.
NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED ARTICLES.