RENEWAL PROGRAM OPTIONS:
MONTH TO MONTH AGREEMENTS: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be canceled at any time with a 30 day WRITTEN notice performed in person at the club's address, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.
TERM AGREEMENT AUTOMATIC RENEWAL PROGRAMS: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the CURRENT rate. Cancellation of Renewal andor any additional Payment Schedules set forth by this agreement, will require a 30-day WRITTEN notice performed in person at the club’s address. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has a 12 month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.
ONE MONTH MEMBERSHIP: This membership is valid only once per client and will apply at a rate of $99 paid in full upon sign up. Member cannot renew at this rate and if the membership is to continue they must pick the annual or month to month option.
PAID IN FULL or NON-RENEWAL (3-12 months): This is a non-transferable membership that will expire on 52 weeks after the first payment is made on the account. NO REFUNDS WILL BE PROCESSED FOR THE PAID IN FULL MEMBERSHIPS.
A Security Fee of $99 will be billed on the first day of membership and each year thereafter.
A Key Fob fee of $9.99 will be billed on the first day of membership and each year thereafter.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SER-VICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this 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 this agreement is more than ten days late. A SERVICE FEE 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.
If the Member is paying monthly dues by electronic funds transfer (EFT), Liberty Fitness Boston 1, 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: Members 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 this agreement.
CONSUMER’S RIGHT TO CANCELLATION
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL
WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.
The notice of the buyer’s cancellation of his contract shall be in writing and delivered in person or by certified or registered United States mail at the address specified in the contract. Such notice shall be accompanied by the contract forms, member-ship cards and any other documents or evidence of membership previously delivered to the buyer.
ADDITIONAL RIGHTS TO CANCELLATION
You or your estate may also cancel this contract for any of the following reasons: if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death;
If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location.
If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller’s obligation under the contract.
All monies paid by the buyer pursuant to a contract for health club services which has been canceled for one of the reasons contained in this section shall be refunded to the buyer or his estate within fifteen days of the seller’s receipt of such notice of cancellation; provided, however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer prior to cancellation; and provided, further, 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 credit or loan agreement to pay for all or part of the price of the contract for health club services, any such negotiable instrument executed by the buyer shall also be returned and terminated within fifteen days. The buyer shall no longer be liable for any obligation under such credit or loan agreement.
Membership Freeze Policy: If you have a term membership (i.e. 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from thirty (30) to ninety (90) days at a time. Liberty Fitness may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for your original payment schedule. Once you resume any usage of the Club, the freeze will terminate. Time of any freeze will be credited to the end of your membership’s original term.
Maintenance of Facilities: The Club may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes without any refund or credit to you.
General: I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of Club staff on the premises. The hours of operation will be set by Liberty Fitness and may be changed at any time at its sole discretion. Liberty Fitness is not required to continue any particular programs, facilities, services or equipment as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. Liberty Fitness expressly reserves the right to add, eliminate, or alter any program, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. The information in this Agreement is the property of Liberty Fitness. Membership does not confer on you or any successors and/or assigns any ownership interest in Liberty Fitness or any of its property.
Pandemic Clause: If for any reason Liberty Fitness (“The Club”) is mandated to shut down due to government requirements Liberty Fitness reserves the right to continue charging the client each month for up to 6 months of Club closure. The fee and dues associated with this time frame are non-refundable and will apply to the back end of the clients contract extending the contract by the same time as the shut down is enforced. By signing this document the client agrees to this term of agreement.
Member’s General Obligations:
(1) I agrees to abide by all Liberty Fitness policies, follow the directions of the Club staff regarding safety and security issues, and to treat the staff and other members with courtesy.
(2) I agree to pay monthly dues on time, including notifying Liberty Fitness promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and/or a late fee per delinquent payment.
(3) I agree to pay all costs of collection incurred by the holder of this Agreement if this account becomes more than sixty (60) days past due.
(4) I agree to continue to fulfill the financial obligation of this Agreement.
Rules and Regulations:
1. By executing this Agreement, I hereby join the Club and such membership entitles me to use the facilities. I am entitled to use the Club only and I shall be required to provide my own athletic equipment and clothes.
2. I must present upon entering the Club my membership card/access card. I agree that I may be denied access to the Club without my membership card/security access key.
3. I agree to abide by all membership regulations of Liberty Fitness. I agree to comply with stated and customary rules for participation and use of equipment.
4. If I breach or violate this Agreement or breach or violate any of the rules and regulations for use of the Club, Liberty Fitness may suspend my right to use the Club until such time as I provide Liberty Fitness with reasonable assurance of future compliance. During the period of any such suspension, I shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Agreement. In the event I continue to violate the terms of this Agreement or the rules and regulations governing the Club, my membership may be terminated by Liberty Fitness, and the balance of the contract declared due and payable in full immediately.
5. I agree that I shall not engage in any type of commercial or business activity while using the facilities. I shall not act as a trainer for any other member or guest and any act which constitute such business activity is strictly forbidden. If I engage in such commercial or business activities my membership shall be subject to immediate cancellation and the balance of the Agreement declared due and payable in full immediately.
6. I agree that I shall abide by the Liberty Fitness dress code at all times while in the Club. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in the Club.
7. I agree that I shall not use loud or profane language upon the Club premises nor shall I molest, badger, assault or harass other Club members, guests or employees. If I engage in such behavior, my membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.
8. I understand that Liberty Fitness prohibits the use of any drugs or steroids and I agree not to use any drugs or steroids on the Club premises. I recognize and acknowledge that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of drugs or steroids and no such activity is allowed upon Club premises.
9. I agree that if I fail to use the Club facilities that shall not release myself from the obligation to make all payments required by the terms of this Agreement.
10. I allow Liberty Fitness and its employees and agents the right to photograph, record, and/or otherwise reproduce my likeness, name and/or voice in, and in connection with, the exhibition, display or other reproduction of any photograph, motion picture, video recording, audio recording or similar reproduction in which it may be used and/or incorporated. Liberty Fitness may use the photograph, motion picture, audio recording, video recording or other reproduction for advertising, internet, or other purposes.
11. Liberty Fitness retains the right to modify these policies without warning. Reasonable rules and regulations may be posted at the Club from time to time and you shall be subject to strict compliance therewith.
12. The circulating or posting of a petition, notice, circular or statement of any kind is prohibited in or near Liberty Fitness facilities, unless such a document is first submitted and approved by the management of Liberty Fitness.
13. Cancellations can be finalized and subscriptions canceled ONLY WHEN KEY FOB/CARD IS RETURNED.
14. There is a mandatory $35.00 late charge on all accounts that are 10 days overdue from the due date assigned.
15. There will be a $15.00 administration fee associated with the down-grade of any membership tier.
16. Once a year there will be a mandatory fee charged to all members. The fee is $108.99 and includes all of the required administration and security fees that are accrued throughout the year. This fee will be charged on the 52nd week of each membership during operations.
1. The Club is under 24-hour recorded video surveillance, which may be retained by Liberty Fitness for subsequent review, and your security access key usage is logged.
2. I will not bring in guests at any time without the prior written consent of the Club staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, I may be charged a guest fee and/or have my membership suspended or canceled, the balance of the Agreement declared due and payable in full immediately, and be assessed a penalty of up to $250.00. I may not allow anyone else to use my security access k e y and must alert Liberty Fitness immediately if it is lost or stolen. Violating this security access key policy carries the same penalties as violating the guest policy. Furthermore, if your security access key is lost or stolen, you understand and agree that Liberty Fitness will charge you a $10.00 penalty.
3. If I do not have my key access card, I will not be allowed into the facility during non-staffed hours, nor should I enter the facility during unstaffed hours.
4. Personal training services provided in this facility may be provided either by owners, employees of the Liberty Fitness or by independent contractors operating their own business who are retained by Liberty Fitness. Regardless, all payments for personal training services are to be made to Liberty Fitness who will pay the trainers as the services are provided.
5. I have access to a free orientation to the Club and the proper use of all equipment. It is my responsibility to request this orientation.
6. It is my responsibility to wipe down all equipment after each use and re-rack the weights they use.
7. I am required to use the safety features of the equipment. If I am unsure of how to use a machine, I should obtain instructions from the staff or personal trainers.
8. I am responsible for understanding how to operate the panic alarms, if any, and agree to use them only in case of an emergency.
9. Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behavior will not be tolerated and may result in the suspension or cancellation of your membership, and the balance of the Agreement being declared due and payable in full immediately.
10. Cell phones are not permitted in the exercise/cardio area. Photography and/or videography are not allowed anywhere in the Club
Liability For Personal Property: Liberty Fitness shall not be liable to you or any of your guests or invitees for any personal property that is damaged, lost or stolen while on or around Liberty Fitness premises including, but not limited to, a vehicle or its contents or any property left in a locker. I shall be liable to Liberty Fitness for any damage to Liberty Fitness facilities and any equipment, furniture or fixture located thereon caused by myself or any of my guests or invitees.
Health Representations and Agreements: I represent and warrant to Liberty Fitness that I am in good physical condition and have no medical reason or impairment that would prevent me from my intended use of the Club. I acknowledge that Liberty Fitness has not given me any medical advice before I joined the Club and cannot give myself any such advice after I join the Club, whether related to my physical condition and ability to use the facilities and services of Liberty Fitness or otherwise. I acknowledge and agree that I will discuss any health or medical concerns with my physician or other health professional prior to and while using Liberty Fitness facilities.
WAIVER OF LIABILITY: I ACKNOWLEDGE THAT THE USE OF LIBERTY FITNESS’ CLUB, FACILITIES, EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING PERSONAL TRAINING) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO ME AND MY GUESTS AND INVITEES. I VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO MYSELF , MY SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT I MAY HAVE AGAINST LIBERTY FITNESS, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO ME, MY SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES AND FACILITIES, AND/OR PERSONAL TRAINING SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, RUNNING TRACKS, SWIMMING POOLS, HOT TUBS, COURTS OR OTHER AREAS OF THE CLUB, (III) INJURIES ARISING FROM LIBERTY FITNESS’ NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING AT THE CLUB, INCLUDING BUT NOT LIMITED TO, HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN THE CLUB, INCLUDING LOCKER ROOMS, STEAM ROOM, WHIRLPOOLS, HOT TUBS, SPAS, SAUNAS, SHOWERS AND DRESSING ROOMS. I ALSO WAIVE ALL CLAIMS AGAINST LIBERTY FITNESS, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS I MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND MY MEMBERSHIP.
Assumption of Risk and Indemnification: I acknowledge that (i) Liberty Fitness does not manufacture any of the fitness or other equipment at its facilities and (ii) Liberty Fitness does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Liberty Fitness nor any of its parents, subsidiaries or other affiliates nor any of their respective members, stockholders, officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. I shall indemnify Liberty Fitness, its parents, subsidiaries and other affiliates and each of their respective members, stockholders, officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any losses which such Indemnified Party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and my membership.
Miscellaneous: (i) This Agreement is governed by the laws of the Commonwealth of Florida without regard to its conflict of laws provisions. The courts of Miami-Dade County, Florida shall have exclusive jurisdiction in any controversy relating to or arising out of this Agreement. Each party irrevocably waives any objections to venue in Miami-Dade County, Florida. (ii) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. (iii) This Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of Liberty Fitness. Consent may be withheld in Liberty Fitness’ absolute discretion. (iv) If any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. (v) Only Liberty Fitness ownership is authorized to make any changes to this Agreement. You cannot make alterations or changes to this Agreement.
Do not sign this Agreement until you have read it in its entirety. By signing this Agreement, you acknowledge that (A) This Agreement will become legally binding upon its acceptance by Liberty Fitness, and (B) Liberty Fitness makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and Liberty Fitness with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter.
Legal Guardian: Any member who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) co-sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such member hereunder and shall be bound by all terms and conditions of this Agreement.
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 Liberty Fitness including its agents and affiliates, 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 Liberty Fitness.
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, 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 law 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 this Membership Agreement, including without limitations, its third party payment processor, which is currently Stripe Inc.
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 Liberty Fitness 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 Liberty Fitness Boston 1, 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 Liberty Fitness and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Liberty Fitness. 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 Liberty Fitness and to promptly notify Liberty Fitness 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 Liberty Fitness. To access, view and receive the Documents electronically, Member agrees and acknowledges that they 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 they 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 Liberty Fitness 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 Liberty Fitness.
Member Initials __________
TERMS AND CONDITIONS, RELEASE OF RESPONSIBILITY AND PERMISSION TO TREAT ALL NEW PROGRAMS INCLUDED AN ENROLLMENT AND SET-UP FEE WHICH IS NON-REFUNDABLE. I understand that ALL SALES ARE FINAL and that any and all supplements or products are non-refundable and non-exchangeable once the supplement or product leaves the center or is delivered. I also understand once given my assigned nutritional plan at the program explanation the program becomes NON-REFUNDABLE IN ITS ENTIRETY. Special discounts do not reduce these charges. I further understand that Fast Weight Loss 365 is agreeing to provide me with individual coaching up to 5 visits per week during my program for the contracted months set forth in this agreement during the designated business hours. I hereby grant permission to employees at Fast Weight Loss 365 to provide me with the weight loss and fitness services. I agree to hold the company, its officers and employees completely harmless from any and all claims, liabilities or damages for personal injuries which I may suffer directly or indirectly from any participation in the program. I understand all weight loss treatment weeks and program weeks run consecutively from my start date and that weight loss varies with individuals and how well they adhere to the program and therefore, this program is non-cancelable and non-refundable. I also understand that the Fast Weight Loss 365 Service Guarantee is only valid if the conditions set forth are adhered to and in the event that any of those conditions are not met, then the Fast Weight Loss Service Guarantee shall be automatically deemed no longer applicable and a charge for future services may apply.
______ I HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE BOUND TO THIS AGREEMENT’S TERMS, CONDITIONS AND NO-REFUND POLICY.
I understand that I am responsible for the cost of ALL required nutritional supplements and that supplements and weight loss aids other than those given in my starter-pack at the time of enrollment are not included in the program price. I warrant to Fast Weight Loss 365 Centers that I am in good health and fully able to participate in this program and do not require my physician’s release to do so. * Fast Weight Loss 365 Centers may send me promotional emails using the provided email address unless I opt-out.
(1) The items outlined 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 below, 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.
(2) 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.
(3) 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 $100.00 from the most recent payment You have made.
(4) The privilege of making EFT 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 under Your Membership Agreement.
(6) 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.
(7) 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 amounts (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.
(8) This preauthorization payment arrangement shall apply to the following Applicant(s):