BUYER’S RIGHT TO CANCEL
1. IF YOU WISH TO CANCEL
THIS CONTRACT WITHOUT PENALTY, YOU MAY CANCEL IT BY DELIVERING OR MAILING A
WRITTEN NOTICE TO THE CLUB. THE NOTICE MUST SAY THAT YOU DO NOT WISH TO BE
BOUND BY THE CONTRACT AND MUST BE DELIVERED OR MAILED BEFORE MIDNIGHT OF THE THIRD
BUSINESS DAY AFTER YOU SIGN THIS CONTRACT. THE NOTICE MUST BE MAILED TO CLUB
24, 2411 S. UNION ST. , STE. 1, KENNEWICK, WA 99338. IF YOU CANCEL WITHIN THE
THREE DAYS, THE CLUB WILL RETURN TO YOU WITHIN THIRTY DAYS ALL AMOUNTS YOU HAVE
PAID.
2. This contract may be
cancelled if the buyer dies or becomes totally disabled. The disability must be
confirmed by an exemption of a physician agreeable to the buyer and the
club.
3. This contract may be
cancelled if the buyer moves his or her payment residence to a location more
than twenty five miles from the club or an affiliated club offering the same or
similar services and facilities at no additional expense to the buyer and the
buyer cancels after one year from signing the contract if the contract extends for
more than one year. The club may require reasonable evidence of relocation. *If
at the time of signing the contract requiring payment of a membership fee the
buyer lived more than twenty miles from the club, the buyer may cancel
subsection 3 of this section only if the buyer moves an additional 25 miles
from ore from the club. Should member(s) move their residence more than 25
miles $50 per person and legitimate verification of the move.
4. If the contract
extends for more than one year, the buyer may cancel the contract for any
reason upon thirty days’ written notice to the club.
5. If an individual adds
on to this contract (after the initial primary member signing on) all
additional members are held under the same terms of this contract.
6. This contract may be
cancelled if the club permanently closed and comparable facilities owned and
operated by the seller are not made available within a ten-mile radius of the
closed facility.
7. If a buyer is
entitled to a pro rata refund under this section, the amount shall be computed
by dividing the contract price by the number of weeks in the contract term and
multiplying the result by the number of weeks remaining in the contract term.
If no term is stated in the contract, a term of thirty-six months shall be used.
This agreement
represents the complete understanding between the Member(s) and Club 24. No
representation, written or oral, other than those contained within this
agreement are authorized by or binding upon the above named entities. Employees
of said entities do not have the authority to alter or modify this agreement in
any way.
The term of this
agreement is from month-to-month, automatic renewal (see paragraph 4) for month
to month members and 1 year / 12 months for contract members. Monthly fees will
be automatically withdrawn via debit / credit card or electronic funds transfer
from a checking or savings account. The other option is a prepaid membership.
This agreement is bound for all training members and general club memberships.
If you chose the option
of quarterly, semi-annual or annual payments you will be notified by mail
approximately 30 days prior to you renewal date. Prepaid memberships are
non-refundable but are transferable for a $50 transfer fee.
Club 24 membership may
be cancelled at any time for month to month members and on your anniversary
date for 12 month contract members. *Notice must be received 30 days prior to
your monthly payment date. Cancellations are processed by club staff during
registration hours and must be received in writing. No Cancellations are
accepted by phone.
Memberships and monthly
dues are non refundable and memberships cannot be place on “hold”
(our intent is to keep monthly costs low for everyone). Exceptions to this rule
are: medical reason and military personnel on leave for military duty. In both
cases, request for membership suspension must be done in advance.
In order to assure
safety and enjoyment of all members, Club 24 reserves the right to cancel
memberships of any member whose actions are detrimental to the enjoyment of
safety of fellow members. If we determine that action must be taken there will
no recourse for appeal or refund.
Club 24 may improve the
rules and regulations governing the operations of the Club from time to time.
Notice of any changes will be made available to member via in house flyers
located at the Club 24 Bulletin board.
For your protection,
Club 24 is under video recorded surveillance twenty-four (24) hours a day,
seven (7) days a week. Video will only be reviewed on a per instance basis –
DVR are recorded over every 10 days. Club 24 is not response le for any lost or
stolen personal property.
All Club 24 members must
be 14 years of age or older. Proper identification must be shown at time of
sign up. All 14 and 15 year old members, must be accompanied by an adult at all
times.
Unauthorized
entrance or use of Club 24 by non members is not permitted. For safety
purposes, if you have left your card, fob, sticker or phone at home or have
lost it, please do not ask other members to open the door for you. If you allow non members to access the club with your
card, fob or sticker or phone, or by opening the door for them, you will be
required to pay $100 (or the maximum allowable by law) per occurrence and may
be subject to membership cancellations.
Member(s) acknowledges
and accepts the risks inherent in the use of club facilities and services. By
use of the Club 24 facilities and services, the Member(s) herby voluntarily
assumes the risk on injury, accident, death, loss or damage to his or her
person or property, which might arise from the use of Club facilities or
services. The Member(s), his or her heirs, executors, representatives, or
assigns, hereby release the Club from all claims or liabilities for personal
injury or property damage or any kind sustained by the Member(s) while on
the premises of the Club except for injuries or damage directly caused by the
willful misconduct of the officers or employees of the Club.
Authorization is given
to Club24 to take photographs of me and for those images to be used for the
purpose of printed, digital, video or other mediums for the purposes of
promotion and publicity for Club 24. Those images shall be the property of Club
24 for any and all use.
By signing below member
authorizes club and/or it’s service providers to deliver or cause to be
delivered to member, at the telephone numbers provided by members in this
agreement, telemarketing calls and texts, informational calls, such as bank
account fraud alerts, credit card expiration alerts, debt collection calls,
research or survey calls using automatic telephone dialing system or an
artificial prerecorded voice. By signing the contract, the member authorizes
express written consent to receive telemarketing and informational calls.
Any enforcement of this
contract are subject to the laws of the state of Washington and Oregon. If the
Member(s) does not understand this agreement it is his or her responsibility to
seek consultation of a professional. Any litigation between Member(s) and Club
shall be commenced in Benton County.
Signing This agreement
certifies that you have read and understand this contact and agree to abide by
such provisions.
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
Kennewick and Washington law shall apply. In the event of a claim arising out
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 cluse 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.
MEMBER UNDERSTANDS AND
AGREE THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO JURY TRIAL OR TRIAL
BEFORE A JUDGE IN A PUBLIC COURT NEITHER THE MEMBER NOR THE CLUB SHALL BE
ENTITLED TO JIOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY
ARBITRATION OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR
MEMER 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 ay require Club 24 and or its service providers to provide
member with written notices and disclosures on paper. With Member consent, this
information may be provided to Member electronically. Member’s consent here to
shall apply to each and every disclosure, notice, agreement, statement, term
and condition, and any other information (collectively, the
“Documents”) that Club 24 and/or its service providers 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 Club 24 and requesting a
paper copy. Member may withdraw its consent at any time by notifying the
customer service department of Club 24. Upon withdrawing consent, Member shall
no loner 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 Club 24 and to
promptly notify Club 24 of any changes to member’s email address. If member has
provided another type of electronic contact information, such as a phone
number, them Member may change that contact information by contacting the
customer service department of Club 24. To access, view and receive the
Documents electronically. Member agrees and acknowledges that it must have: (i)
a computer, mobile device, table or smartphone, (ii) a version of internet browser
software that is up to date and supported by members 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