Terms and Conditions
Renewal Notice: This Agreement will renew automatically on a monthly basis, unless this Agreement is a prepaid agreement. Prepaid Agreements will expire after initial term is completed. The Zone 24 Hour Fitness (The Zone) reserves the right to change the amount of dues and charges payable hereunder at any time after the end of the Initial Term. Renewal may be cancelled at any time provided a 10-day written notice is delivered to the club’s address. Such notice must be accompanied by any membership cards and documents previously delivered to the buyer. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. The Zone shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than ten (10) days after the termination notice is received by The Zone. If the termination cannot be processed prior to the scheduled date of the charge or transfer, The Zone shall refund the debited amount.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES 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.
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 be less expensive, but may involve financial risks to you. Read this notice carefully before making a decision. 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.
[REQUEST FOR PREAUTHORIZED PAYMENT I/We hereby request the privilege of paying to ABC Financial Services, Inc (“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: 1. The items shall be drawn on or about the date or dates of the Payment Schedule. The transactions on your bank statement will constitute receipts for payment on your account. 2. If the regular payments set forth on the Payment Schedule 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. 3. By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review at the Company’s website: www.abcfinancial.com under terms and conditions. 4. The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation. 5. If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule). 6. A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due. 7. This preauthorization payment arrangement shall apply to the above Applicant(s).]
CONSUMER’S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THE DATE ON WHICH YOU SIGNED THIS CONTRACT. Notice of cancellation shall be in writing subscribed by the buyer and mailed by registered or certified United States mail to the seller at the address specified in this agreement. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All moneys paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation.
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 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 fifteen 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.
ADDITIONAL MEMBERSHIP AGREEMENT TERMS
1.MEMBERSHIP PAYMENT AND TERMS
1. Description of Services. This is a club membership agreement and not an optional services agreement such as personal training which is a separate agreement. This club membership agreement entitles Member to access the facility designated above during business hours. This club membership agreement provides Member access to cardiovascular, strength and conditioning machines. It also provides Member access to certain exercise classes if available at the facility.
2. Rules, Regulations and Schedules. Member agrees to abide by the rules, regulations and schedules of The Zone, which may be posted at a facility or issued orally, and which may be amended from time to time at The Zone’s sole discretion. Upon joining, Member and or Buyer must pay the appropriate initial charges. At the sole discretion of The Zone, a Member’s membership may be revoked or suspended at any time if in the judgment of The Zone: (a) Member consistently fails to observe the Rules and Regulations, (b) has otherwise behaved in a manner contrary to the best interests of The Zone or any of The Zone’s Members, (c) Member has instituted any type of legal action against The Zone, including but not limited to civil actions, arbitrations and/or mediations, and/or (d) The Zone has instituted any type of legal action including but not limited to civil actions, arbitrations and/or mediations against Member.
3. Member’s Obligation. Member and/or Buyer shall not be relieved of the obligation to make payments agreed to and no deduction from any payment shall be made because of Member’s failure to use The Zone’s facilities. Dues are for the period stated in the Agreement.
4. Monthly Dues, Annual Fee, and other Fees. Member or Buyer shall pay, in advance, monthly Membership dues as set forth in the agreement. The Zone may increase the monthly Membership dues once per calendar year upon giving Members thirty (30) days prior notice, posted in a Zone facility and/or sent by mail to Member or Buyer. The Zone may adjust any fees at any time at its sole discretion.
5. Prepaid Membership Renewal Amount. If the Member has a prepaid Membership, then The Zone will not increase the Initial Annual Renewal amount on page 1 of this agreement, but may increase all subsequent annual renewal amounts. The Zone will send notice to the Member or Buyer of the new annual renewal amount each year thereafter prior to the end of the then current term. The Zone has the right to add to the Prepaid Membership any tax imposed by the government.
6. Limited Memberships. Memberships may be limited so that Members may have reasonable access to The Zone’s facilities. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment; or that Members may not always be able to attend preferred exercise classes. The availability of classes and equipment are subject to demand and are available on a first-come first-served basis.
7. Unpaid Balances. Any unpaid balances for membership fees, goods or services past thirty (30) days may result in suspension of membership privileges. Members and/or Buyer shall be obligated to pay any cost incurred by The Zone for collection.
8. Membership Term. The period covered by the first month’s dues, as well as any additional days of Membership for which payment is received by The Zone, are the “Paid Period” for the Dues Membership. The “Paid Period” is the term of this Membership Agreement.
9. Cancellation of Membership.
(1.12.1) Member has three (3) business days to cancel the Agreement from date of purchase. To cancel, mail a letter by certified or registered US mail to the following address: The Zone 24 Hr Fitness at: 610 E City Rte. 40, Greenville, IL 62246. It is recommended that (you) Member send (your) Member’s cancellation notice by registered or certified mail or overnight delivery, return receipt requested, in order to prove that (you) Member did cancel. If Member hand delivers Member’s cancellation to a Zone facility, Member should be sure to receive a signed statement from a Zone employee acknowledging Members’ cancellation.
(1.12.2) Death or Disability. If, by reason of death or disability, you are unable to receive all of the services for which you contracted under this Agreement, you and your estate shall be relieved from the obligation of making payment for services other than those received prior to your death or the onset of your disability. If you prepaid any sum for services, so much of the sum as allocable to services not taken prior to your death or disability shall be promptly refunded to you or your representative. For purposes of this provision “disability” means a condition, which precludes you from physically using the facilities. A physician must confirm your disability in writing. Member may cancel his or her contract and The Zone is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use by Members. This amount shall be computed by dividing the months expired under the membership term. Member or Member’s estate must provide reasonable evidence of disability or death.
(1.12.3) Close of Facility and/or Move. Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the Zone facility at which the Agreement in entered into ceases operation and fails to offer an alternate location, substantially similar, within ten (10) miles of the original location. (1.12.4) New Facility. You may cancel the contract and receive a pro rata refund if the health club fails to provide the specific facilities advertised or offered in writing by the time indicated. Performance of the agreed upon services will begin within six months after the date of this Agreement.
(1.12.5) Opening of Club. If the facility first identified above has not opened as of the date of this Agreement, Member and/or Buyer may cancel this Membership Agreement at any time prior to midnight of the third (3rd) business day after the date such facility opens for business, excluding Sundays and holidays. To cancel this Membership Agreement, mail or deliver a signed and dated notice stating that Member and/or Obligor, as applicable, is canceling this Membership Agreement, or words of similar effect. Such notice shall be sent to the following address: The Zone 24 Hr Fitness at: 610 E City Rte. 40, Greenville, IL 62246, or delivered to the Zone facility. Member or Obligor, as applicable, is entitled to receive a refund within fifteen (15) days of receipt of the notice of cancellation, less payment for any services rendered prior to such cancellation.
(1.12.6) Relocation. Member may cancel this Agreement if they can provide proof that Member is permanently moving more than twenty five (25) miles away from any Zone facility. Proof such as utility bill, lease agreement, driver’s license, military orders or any other document that could validate such proof will be accepted. Should you move further than 25 miles from the club and be unable to transfer this membership to a comparable facility, you shall be relieved from your obligation of making payment for services other than those received prior to your move, and if you prepaid any sum for services other than those received prior to your move, so much of such sum as is allocable to services you have not received shall be promptly refunded.
(1.12.7) Material Changes in Services. Member may cancel this Agreement if the health club materially changes the services promised as part of the initial contract.
(1.12.8) Written Requests. Memberships cannot be cancelled by phone or verbal conversation. Cancellation requests will only be honored if sent in writing or filled out at a Zone facility. All paperwork is deemed a request until a Zone employee can validate paperwork and approve such cancellation. A cancellation that has been denied will be sent in writing back to Member along with reason of denial or instructions for acceptance and refund.
(1.12.9) Cancellation of Monthly Membership.
(188.8.131.52) If you have a monthly payment membership, you may terminate this Membership Agreement by providing at least ten (10) days notice prior to the next bill date to The Zone delivered (a) by U.S. mail to the following address: The Zone 24 Hr Fitness at: 610 E City Rte. 40, Greenville, IL 62246 or (b) by hand to the manager at your Zone facility. The termination will be effective at the end of the Paid Period, and you may continue to use the facility during the Paid Period. The Zone shall not charge your credit card or initiate any EFT payments, which are scheduled to occur more than ten (10) days after the termination notice is received by The Zone. If the termination cannot be processed prior to the scheduled date of the charge or transfer, The Zone shall refund the debited amount.
(1.12.10) Cancellation of Prepaid Membership
(184.108.40.206) If you have a Prepaid Membership, you may not terminate it during the Paid Period (or receive a refund), unless specifically stated above. If you do not renew your Prepaid Membership by the renewal date, your Prepaid Membership automatically expires.
(1.13) Refunds. Refunds, if applicable, shall be made within fifteen (15) days of receipt of notice of cancellation.
(1.14) Freeze Policy. (a) Medical. If Member is medically unable to use the Zone facilities, Member may request a freeze of his or her membership in monthly increments for a minimum of 1 month and a maximum of 3 months per year. Members must provide a doctor’s note at the time of requesting a freeze. The Zone reserves the right to verify the note with the doctor and Member agrees to waive any Doctor/Patient privilege and execute any release required by such doctor solely with regards to the medical reasons stated in the doctor’s note for the medical freeze. (b) Non-medical, if a Member desires to freeze his or her account for a non-medical reason, Member should consult with Member’s Zone facility. Crunch Amherst reserves the right to adjust this freeze policy from time to time at is sole discretion. All requests must be received at least fourteen (14) days prior to Member’s next billing date period. Retroactive freezes will not be accepted.
(1.15) Buyer’s Indemnity. Buyer assumes full responsibility for any person who becomes a Member under the Agreement and these Terms and Conditions and shall indemnify The Zone, its affiliates, agents and employees against any and all liability incurred by such Member during his or her use of any and all Zone facilities
MEMBER RISK. To the fullest extent permissible by applicable law, Member and Member’s guests shall hold The Zone harmless from any loss, theft, cost, claim, injury, damage or liability (“Damages’) incurred as a result of the use of a Zone facility and any other membership activities, except such Damages which result from the negligence of The Zone, its affiliates, agents or employees.
(2.1) Member’s Health Warranty. Member and Buyer represent that Member is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of a Zone facility and shall indemnify The Zone, its affiliates, agents and employees, against any and all Damages arising out of Member’s use of the facilities except as otherwise set forth in these Terms and Conditions or to the extent permissible by applicable law. Physical examinations by Member’s physician are recommended for members before commencing any exercise program, and especially for Members who are at risk, including but not limited to elderly or pregnant Members, or Members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or members who have a history of heart disease.
(2.2) Medical Disclaimer. Member has been informed and acknowledges that The Zone has made no claims as to medical results that can or may be obtained through use of any Zone facility. The Zone has neither suggested nor will it suggest any medical treatment to Members. Only licensed medical professionals are qualified to give medical advice. Member represents that there are no medical or physical conditions that would preclude the use of The Zone’s facilities and each Member further represents that he or she has not been instructed by any physician not to use The Zone’s facility or any similar facility.
(2.3) Orientation. Member is strongly encouraged to take advantage of the complimentary initial orientation and ongoing support available to ensure the proper safe and use of all equipment. B Any strenuous athletic or physical activity involves certain risks. Member and Member’s guests assume the risk of any all accidents or injuries of any kind that may be sustained by, or in connection with, use of the facilities and release, hold The Zone harmless, discharge and absolve The Zone, its agents and employees to the fullest extent permissible by applicable law from any and all Damages or responsibility except if such accident or injury is the result of negligence of The Zone, its affiliates, agents or employees.
(2.4) Loss of Property. Members and Member’s guests are urged not to bring valuables onto the premises of a Zone facility. The Zone shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities or jewelry of Member or Member’s guests.
(3) GENERAL PROVISIONS
(3.1) Members and Guests Rules. Members and Member’s guests shall abide by The Zone’s rules and regulations and any amendments and/or modifications thereto which may be made from time to time by The Zone at The Zone’s sole discretion.
(3.2) Proof of Membership. Member shall receive one membership key card (included with Member’s membership) (the “Membership Card”) from The Zone and must either present it to the reception desk personnel or slide it through the applicable barcode scanner outside the facility each time Member enters a Zone facility. Lost membership cards will be replaced for a fee of five dollars ($5), which may be adjusted from time to time. The card must be replaced if lost. Member is required to notify The Zone immediately of the loss of his or her Membership Card, and the Membership Card must be replaced by Member. Membership privileges are limited to the person in whose name the membership is issued. Improper use of the membership will result in confiscation of the Membership Card and can result in immediate cancellation of Member’s membership. A Member wishing to use The Zone’s facilities without his or her Membership Card will be required to provide proof of identity, (e.g. valid driver’s license, etc.)
(3.3) Day Lockers. Lockers may be provided solely for the benefit and convenience of The Zone members. The Zone will remove any articles left in a locker overnight. Member must provide his or her own lock and should not leave any valuables in his or her locker.
(3.4) Pets. Pets (not including service animals) are not permitted in or around a Zone facility. (3.5) Dress Code. Proper athletic attire is required. The Zone reserves the right to make the final determination in its sole discretion with regard to appropriate attire.
(3.6) Independent Contractors. From time to time, The Zone may make the services of independent contractors available to Member or Member’s guests. The Zone does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to Member or Member’s guests for a period of time.
(3.7) Member Guests. Member’s guests are permitted in The Zone, but only pursuant to such rules, regulations, fees, and schedules for guests as then may be in effect. The Zone reserves the right to limit the number of times any one guest can use a Zone facility and reserves the right to exclude any Member’s guests whose use of the facility, in the sole opinion of The Zone, would be detrimental to The Zone or any of its members. All Members’ guests must register at the front desk with valid identification.
(3.8) Reciprocity and Use Privileges. All memberships allow access to other designated franchised Crunch clubs.
(3.9) Spotting. The Zone recommends to all Members and to all Member’ s guests, spotting by another member or Zone staff member when using any free weights.
(3.10) Change in Membership Information. Member must promptly notify The Zone in writing of any changes in his or her billing information, address or telephone number. Notwithstanding anything else contained herein, all communications from The Zone to the Member shall be presumed to have been received by Member within five (5) business days after mailing to Member’s address on file with The Zone at the time of the mailing.
(3.11) Change in Facilities and Operating Hours. As a result of repair, maintenance or special occasions, The Zone may be required to restrict the use or temporarily close one or more Zone facilities or halt a Zone activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. The Zone’s hours of operation may be modified from time to time without prior notice to Member. The Zone reserves the right to change the facility from time to time, to eliminate some facilities and services, to add others, to add, modify and/or eliminate programs, activities, classes or equipment at The Zone’s sole discretion.
(3.12) Special Events. The Zone may from time to time reserve the use of its facilities for special events, competitions and private functions.
(3.13) Closing of a Zone Facility. It is anticipated that a part of a part of the facility or the entire facility will be temporarily unavailable from time to time while repairs or renovations take place. Management will make every effort to minimize any disruption to members during these periods, and if possible, to schedule any work during off-hours or summer months. The facility may be closed periodically for renovations. The Zone may also offer members the use of other conveniently located Crunch facilities during the period of unavailability.
(3.14) Interruption of Services. In case of a long term interruption of service (e.g. fire), The Zone reserves the right to: (a) freeze memberships and add the lost time once service resumes; (b) transfer the member to another similar facility within a five-mile radius. In the event that an act of God (hurricane, earthquake, national emergency, etc.) causes more than a temporary closing of this facility, Member’s obligations under the Agreement and these Terms and Conditions will be suspended until such time as use of the facility can be resumed. Obligation for contractual dues will otherwise not be affected unless this facility cannot reopen within one year of the interruption of service.
(3.15) Non-Discrimination. The Zone represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin, sexual orientation, or ancestry in considering applications for memberships. The minimum age for membership is sixteen (16), unless parental permission and The Zone’s consent is given and approved by The Zone at The Zone’s sole discretion.
(3.16) Children’s Use. All children from the ages of twelve (12) to sixteen (16) years of age must be accompanied by such child’s parent at all times within a Zone facility unless they are in a supervised activity. Children under twelve (12) are not permitted to use the equipment outside of the children’s area, unless The Zone’s consent is given and approved by The Zone at The Zone’s sole discretion. Some children’s programs require fees to be paid in advance. The Zone reserves the right to discontinue use by any child who is unsupervised, or whose behavior is offensive or disruptive.
(3.17) Group Exercise Policies. If Member is just starting a group fitness program or has an injury, prenatal conditions or problem that may prevent full participation, please discuss this with the group fitness instructor at least five (5) minutes before class. Proper clothing and footwear must be worn in all group fitness classes. The Zone reserves the right to change the group fitness schedule at any time including the addition or deletion of classes, as well as changes in instructors, class times and length of classes. The Zone reserves the right to change group fitness policies when necessary and require advanced reservations for heavily attended classes. Reservations may be released within five (5) minutes prior to the scheduled class time and Member may enter on a walk in basis provided there are openings in the class. Member’s attending a class shall, in addition to the Terms and Conditions, follow any rules promulgated by such class’ instructors.
(3.18) Personal Training. In addition to these Terms and Conditions, any and all personal training provided at The Zone shall be pursuant to any additional terms and conditions set forth in a separate personal training contract entered into by a Member and the Independent Contractor. Use of personal trainers not approved by The Zone is prohibited at all Zone facilities. Member may not train other members or guests, conduct business activity or solicit any business at any Zone facility. Any violation of this policy may result in legal action as well as forfeiture of any remuneration received by a Member or guest for such services.
(3.19) Changing the Rules and Regulations. The Zone may at its sole discretion change these Terms and Conditions at any time.
(3.20) Entire Agreement. The Agreement, these Terms and Conditions, and all rules and regulations of The Zone, as revised from time to time, constitute the entire and exclusive agreement between The Zone and Member, and supersedes all prior promises, representations, understandings and/or agreements relating to this membership purchase. The Agreement may be modified only by an instrument in writing; however, The Zone or any assignee of the Agreement is authorized to correct patent errors in the Agreement (and in other related documents) and Member and/ or Buyer may verbally authorize payment of the outstanding balance of the membership fee by the automatic payment plan. The Zone may void the Agreement if it is not completed by a Zone employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by Member. No written alterations or amendments to the Agreement and/ or these Terms and Conditions shall be valid and The Zone employees are not authorized to make any changes written and/or verbal, additions or modifications to this Agreement. If you have any questions regarding this Agreement or these Terms and Conditions, please contact The Zone 24 Hr Fitness at 610 E City Rte. 40, Greenville, IL 62246.