RENEWAL PROGRAM OPTIONS:
MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, saunas, hydromassage, tanning beds, personal training and group training.
2. MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regula- tions, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reeasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equip- ment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.
6. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.
7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.
8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.
9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
• 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 choose the option of quarterly, semi-annual or annual payments you will be notified by mail approximately 30 days prior to your renewal date. Prepaid memberships are non-refundable but are transferable for a $50 transfer fee. Quarterly, semi-annual and Annual contracts are non transferable.
• Club 24 membership may be canceled 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 or email.
• If your Club 24 membership is not canceled before your anniversary date for 12 month contracts, You’re contract will automatically roll over to a Month-To-Month contract at the current Month-To-Month rate for your membership type. You agree to pay this new rate until renewal of your previous Annual Agreement or cancelation of your now Month-to-Month membership.
• Memberships and monthly dues are non refundable and memberships cannot be placed on “hold” (our intent is to keep monthly costs low for everyone). Exceptions to this rule are: Medical reasons and Military Personnel on leave for military duty. In both cases, requests 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 or safety of fellow members. If we determine that action must be taken there will be 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 members by visiting www.club24fit.com/contractdetails.
• 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 – DVRs are recorded over every 10 days. Club 24 is not responsible 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. The club’s billing company, ABC Fitness Solutions, LLC, reserves the right to draft this fine via EFT at any anytime.
• 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) hereby voluntarily assumes the risk of 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 the contract, 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 pre recorded voice. By signing the contract, the member authorizes express written consent to receive telemarketing and informational calls.
• Any enforcement of this contract is 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. Biometric Technologies. The terms “biometric identifier” and “biometric information” as used in this paragraph are intended to have the same definitions as provided in the Washington’s House Bill 1493, known as the Washington Biometric Privacy Act, Club 24 and ABC Fitness Solutions, LLC utilize biometric identifiers and biometric information, including fingerprint scans, member or facial recognition, or other biometric identifiers and biometric information. Club 24 and ABC Fitness Solutions, LLC collect, store, receive, obtain, and/or use biometric identifiers and biometric information only for the specific purposes of tracking group fitness class popularity, class participation, and club and/or class attendance or access. Club 24 and ABC Fitness Solutions, LLC will retain your biometric identifiers and information until such time when the initial purpose for collecting or obtaining such biometric identifiers or biometric information has been satisfied (such as if Club 24 ceases the use of biometric identifiers or biometric information as described in this paragraph), or within three (3) years of your last interaction with Club 24, whichever occurs first. Club 24 and ABC Fitness Solutions, LLC use appropriate information security safeguards designed to protect biometric identifiers and biometric information when it is being collected, stored, and transmitted. These safeguards include firewalls, physical and digital security measures, encryption, identity and access restrictions, authentication and authorization controls, system and event logging, and file backup. The technology that Club 24 uses to collect and capture the biometric identifiers provides encrypted information based on the biometric identifier to ABC Fitness Solutions, LLC, but the biometric identifier itself (such as a fingerprint or a facial scan) is not transmitted to ABC Fitness Solutions, LLC, nor is the biometric identifier capable of being obtained or recreated based on the encrypted information transmitted from Club 24 to ABC Fitness Solutions, LLC. Club 24 and ABC Fitness Solutions, LLC only have access to encrypted biometric information as required to fulfill the specific purposes identified above in this paragraph. Club 24 and ABC Fitness Solutions, LLC will not disclose or disseminate any biometric identifier or biometric information to any third party, unless it obtains your written consent to such disclosure or dissemination or as required or authorized by law. By providing your contact information and signing this Agreement, you give your prior express written consent to Club 24 and ABC Fitness Solutions, LLC to the use of these biometric identifiers, biometric information, and related technologies, as described in this paragraph. Your consent to the use of these biometric identifiers, biometric information, and related technologies is not a condition of purchasing any goods and services, nor is it a condition to maintain this Agreement in good standing. You can choose to opt out of Club 24’s and ABC Fitness Solutions, LLC’s use of these biometric identifiers, biometric information, and related technologies in connection with this Agreement by contacting Club 24 in writing at your home club or Su*****@Cl****.com or by seeing a team member at the front desk. 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 Club 24 and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to it’s 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 Club 24 and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only. 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 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 Club 24 and/or ABC Fitness Solutions, LLC 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 Club 24 and/or ABC Fitness Solutions, 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 Club 24 and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Club 24 and/or ABC Fitness Solutions, LLC. 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 Club 24 and/or ABC Fitness Solutions, LLC, and to promptly notify Club 24 and/or ABC Fitness Solutions, LLC 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 Club 24 and/or ABC Fitness Solutions, LLC. 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 Club 24 and/or ABC Fitness Solutions, LLC 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 Club 24 and/or ABC Fitness Solutions, LLC.