People running on treadmills at Club Fitness

Monthly

Exhibit A – Payment Schedule and Terms Auto-Payment Plan / Automatic Renewal:

The indicated rate per month + tax for a minimum of the indicated number of monthly installment payments based on automatic payments billed to a checking, saving, credit or debit card account. Upon completion of your minimum installment payment (i.e. on your thirteenth payment), your monthly rate will increase by $1.00 and your membership shall automatically renew each month. Further, upon completion of your minimum installment payment and as set forth below, your annual membership fee will be due. The EFT authorization will remain in effect until your notice of termination is received and effective. To terminate Agreement, refer to the terms within this Agreement. Dues whether paid yearly or monthly are subject to state and local sales tax, which you agree to pay in addition to your monthly fee. You agree to pay any new, additional or increased taxes imposed on this Agreement.

 

Annual Membership Fee:

An annual membership fee of the indicated rate + tax, which is in addition to the monthly fees above, will be billed on the indicated date and on the same date each year thereafter for this membership plan. You authorize this deduction to be processed annually through the same account as my regular monthly dues. Any new or updated automatic payment information billed to a checking, saving, credit or debit card account is automatically authorized upon new or updated information provided to bill this fee.

Early Termination Fee:

Notwithstanding any other terms of this Agreement, if your applicable membership level has a minimum number of installment payments, and you wish to terminate Agreement prior to the minimum installment payment term being fulfilled, you will be required pay a one-time early termination fee. All dues and fees must be current and 30-Day notice provisions of this Agreement still apply.

FOR ALL BILLING INQUIRIES, PLEASE CALL CLUB FITNESS CUSTOMER SERVICE AT (636) 928-0968.

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation 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), the clubs billing company, ABC Fitness Solutions, 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. Club Fitness engages a third-party billing company, ABC Fitness Solutions, LLC, to process automatic and electronic payments hereunder. ABC Fitness Solutions, LLC. and Club Fitness reserve the right to draft (via EFT) all amounts owed by the member including any and all late fees, service fees and returned item fees, subject to any applicable state and/or federal law.

You must complete the following form for all EFT, automated clearing house or credit card draft payments or accounts:

 

REQUEST FOR PREAUTHORIZED PAYMENT

I/We hereby request the privilege of paying to ABC Fitness Solutions, LLC (“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:

  • 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 The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
  • 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
  • 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 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 You have made.
  • 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: abcfitness.com under terms and conditions.
  • The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
  • If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership
  • 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 A late fee will be assessed and drafted should any monthly payment become past due.
  • 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 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.
  • This preauthorization payment arrangement shall apply to the following Applicant(s):

For any Club Fitness personal training, you will need to also complete the supplemental ‘ACH Agreement – Training Agreement’ form, a copy of which is available upon request.

 

Exhibit B – Terms and Conditions to Membership Agreement

MEMBER’S RESPONSIBILITY AS TO USE OF CLUB: You (and any guest(s) you may bring to a Club Fitness location) should consult with your physician before using our services and facilities. You understand and acknowledge that Club Fitness’s employees have no expertise in diagnosing, examining or treating any medical condition. You agree that you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to yourself or others. You also agree you will use the fitness club in accordance with all applicable public health requirements. The fitness club reserves the right to make final decision as to your use of the facilities.

WAIVER AND RELEASE OF LIABILITY: You hereby waive any and all claims or actions that may arise against Club Fitness, its Affiliates, subsidiaries, successors, and assigns, shareholder, employees, volunteers, and owners arising from any personal, bodily, or mental injury, loss, or damage to you, or your guests, occasioned or caused by the negligence or fault of Club Fitness and further agree to the terms set forth in the Waiver and Release of Liability, attached to this Agreement as Exhibit C.

RESERVATION OF RIGHTS: We may at any time close any of our facilities or alter our hours of operation. We also may amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service at our sole discretion. We reserve the right to revoke your membership at any time for any reason. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.

INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period.

LOST MEMBERSHIP CARD: A replacement fee will be required for a lost or stolen card. You understand that admittance to the fitness club will be denied without a current and valid membership card.

MEMBER’S RIGHT TO CANCEL: You may cancel, terminate this Agreement in writing by certified mail, return receipt requested, to 7055 Mexico Road. Suite 1210, St. Peters, MO 63376 or by personally visiting any Club Fitness location during business hours and informing the staff of your intention to terminate Agreement. Any notice of termination submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of termination. A thirty (30) day notice period is required for termination of Agreement. You are required to pay the annual membership fee, as set forth in Exhibit A, if it falls within this thirty-day notice period. You will also be responsible for any remaining monthly dues and any past due amounts owed. Your membership must be active for a termination to be processed.

TERMINATION UPON DEATH OR DISABILITY: You, or your estate, have the right to terminate this Agreement if Member dies or becomes permanently disabled and is unable to use a substantial portion of the services for sixty or more consecutive days. To terminate under this paragraph, send written proof of death or disability to the address above. Your termination will be effective upon the date of death or disability of the Member. You agree that we may require verification of a Member’s disability with Member’s doctor or by having member submit to a physical examination by a doctor agreeable to member and us.

TEMPORARY DISABILITY: In the event you the member has a temporary disability, upon request of the member and reasonable medical documentation provided, the company will suspend obligation (provide freeze period) to make a monthly payment, privileges and use of facility for a period of up to 90 days after receiving request.

TERMINATION UPON RELOCATION: You may terminate this Agreement if you permanently move your residence more than 25 driving miles from either the fitness club of enrollment or any other club which member is entitled to use or any substantially similar club that will honor member’s membership at no additional charge. To terminate under this paragraph, you must provide proof of your relocation in the form of two of the following: a utility bill in your name, a change of address label indicating mail was forwarded to your new address, or your new driver’s license with issue date. Member agrees to pay a $59.00 charge for termination.

 

For Illinois residents only: The following shall apply in place of any other section of agreement to comply with IL State Law (for this section, the “Act”). You may cancel this agreement if you move your residence to farther than 25 miles from the center’s facilities, and upon the failure of the original center to designate a center, with comparable facilities and services within 25 miles of your new residence, which agrees to accept the original center’s obligations under the agreement, you may cancel the agreement and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to the center, plus a reasonable fee if so provided in the agreement, but such fee shall not exceed 10% of the unused balance, or $ 50 whichever is less. If you, because of death or disability, are unable to use or receive all services contracted for you or your estate as the case may be, shall be liable for only that portion of the charges allocable to the time prior to death or the onset of disability. The center shall in such event have the right to require and verify reasonable evidence of such death or disability. Notice of cancellation shall be made in person or by certified or registered mail to the center at the address specified in the agreement. All refunds to which you or your estate are entitled shall be made within 30 days of receipt to the center of the cancellation notice. Every agreement for physical fitness services shall set forth the customer’s total payment obligation for services to be received pursuant to the agreement. No agreement for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such agreement must so provide in writing; except that this limit shall not apply to any agreement for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement. No agreement for family or couple memberships for basic physical fitness services shall require payment in excess of $2,500 per year per person covered under the membership. No agreement for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the agreement is entered into, nor shall the term of any such agreement be measured by the life of the customer. The initial term of services to be rendered under the agreement may not extend over a period of more than 2 years from the date the parties enter into the agreement; provided that you may be given an option to renew the agreement for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership. No agreement for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of an agreement for physical fitness services which the customer has against the center shall be cut off by assignment of the agreement whether or not the assignee acquires the agreement in good faith and for value. Such an assignee is not a holder in due course. All agreements for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one agreement for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one agreement for services at the same time for purposes of avoiding the provisions of this Act. Any waiver by the customer of the provisions of this Act shall be void and unenforceable. Any agreement for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable. If any court finds, as a matter of law, that an agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may agree to use the facilities of the center; or misrepresentation of the skills or abilities of any customer or potential customer. Any agreement for physical fitness services entered to in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforceable.

PAID IN FULL MEMBERSHIPS: From time to time we may offer a membership that is pre-paid for up to 24 months with a start and ending date. Any renewal rates specified are valid for up to 30 days from expiration date in increments of 12 months.

Paid in Full memberships are non-refundable except in the event of disability or death. If membership is for a period exceeding 24 months, all additional time will be considered FREE time and will not be considered when prorating any refund for disability or death. Any special paid in full promotions are not renewable.

 

MEMBERSHIP PLAN LEVELS: Upon execution of this Agreement, you must choose a certain level of membership privileges, as described below. You agree that the classes and amenities are subject to change at the discretion as Club Fitness and may be removed or cancelled at any time.

  • You shall have access to all Club Fitness locations, as well as 24-hour access with limited amenities, group exercise classes. Early Termination Fee: equivalent to three (3) monthly dues payments
  • Premium: You shall have access to all Club Fitness locations as well as 24- hour access with limited amenities, including level 3 tanning, group exercise classes, kids club, team training, pulse studio and virtual training. Early Termination Fee: equivalent to three(3) monthly dues payments
  • Platinum: You shall have access to all Club Fitness locations as well as 24- hour access with limited amenities, including all levels of tanning, group exercise classes, kids club, team training, pulse studio, virtual training, specialty classes (included and/or paid) defined by Club Fitness. Early Termination Fee: equivalent to three(3) monthly dues payments

LOCKER USE: Lockers are available on a first come, first serve basis during your workout. No member shall leave any items or personal belongings in the locked locker overnight. All locks left overnight will be removed and contents stored with management. It is recommended to use a lock to secure your items in a locker. Club Fitness is not responsible for items or belongings left or stored in lockers as the lockers are available at member will.

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 Fitness and ABC Fitness Solutions, LLC, 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 Club Fitness and/or ABC Fitness Solutions, LLC. You shall promptly notify Club Fitness of any changes regarding your contact information.

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 the home club city and Missouri 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 CLUB FITNESS ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR CLUB FITNESS 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.

INDEMNIFICATION: You hereby release and agree to indemnify Club Fitness, its Affiliates, officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with this Agreement, including but not limited to your use of the equipment and/or the facilities of Club Fitness and any incident that occurs while using the facilities. You understand that Club FitnessTM is a trademark of Club Fitness, Inc., that Club Fitness, Inc. has licensed Club FitnessTM trademark certain Affiliates, that the fitness club you are using may be operated by an Affiliate, and, therefore, you hereby release and agree to indemnify Club Fitness, Inc., South County Training Inc., South Training LLC, Club Fitness of K&N LLC, Club Fitness of St. Charles LLC, CCJC Tan Inc., O’Fallon Fitness Inc., Total Tan Inc., Webster Inc., Club Fitness of Alton LLC, CCC Fitness LTD, its officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with your using any of the equipment or the facilities of the fitness club or any incident that occurs while using Club Fitness’s facilities or otherwise related to your club membership.

ELECTRONIC DISCLOSURES: Certain laws and regulations may require Club Fitness to provide you with written notices and disclosures on paper. With your consent, this information may be provided electronically. Your consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Club Fitness and/or its third-party payment provider ABC Fitness Solutions, LLC, may provide you. Your consent to receive the Documents electronically shall continue until expressly withdrawn by you. Notwithstanding this, you may request a paper copy of all electronic Documents by contacting Club Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. You may withdraw your consent at any time by notifying the customer service department of Club Fitness and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, you shall no longer receive the Documents electronically. You acknowledge that withdrawing consent may result in additional fees for your receipt of the Documents. You agree to maintain a valid email address with Club Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Club Fitness and/or ABC Fitness Solutions, LLC, of any changes to your email address. If you have 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 Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, you agree and acknowledge that you 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 your 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 you desire to print or electronically store any electronic Documents. You acknowledge that you may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones.

INFORMATIONAL/TRANSACTIONAL CALLS AND TEXT MESSAGES:

You hereby consent to Club Fitness making telephone calls and sending you text messages to the telephone number(s) that you provide to Club Fitness or its Affiliates that are informational and/or transactional in nature arising from or related to this membership using, including, without limitation, an automatic telephone dialing system or artificial or prerecorded voice.

CONSENT TO USE LIKENESS: You hereby consent for Club Fitness to any use your name, portrait, audio recording of your voice, and / or video images while utilizing any Club Fitness facility for the purpose of advertising or any other purpose to be reasonably determined by Club Fitness, including, but not limited to, television, radio, print, internet and social media advertising. You acknowledge that you will not receive compensation for this consent and any and all pictures, films, photographs, negatives and auto recordings of your voice in connections with this consent authorization shall be the exclusive property of Club Fitness and its Affiliates. By signing this Agreement, you represent that you are over 18 years of age or signature as cosigner authorizes on behalf of any minor, the full authority to grant the rights herein given. This will also serve as a release of any and all claims regarding the above.

INCIDENTAL CONTACT: You acknowledge that if any Club Fitness employee assists you in the use of any equipment or exercises, that you may be physically touched as part of such assistance, and you hereby consent to such touching and waives any claim in connection with such touching.

AFFILIATES: Member acknowledges that by signing an Agreement with the location of Your Home Club that it refers to the legal identity of the corresponding Affiliate. “Affiliate” shall mean any of the following locations or corporate entities of Club Fitness: (Florissant -Total Tan, Inc) or (St. Peters – Club Fitness, Inc. ) or ( O’Fallon N – O’Fallon Fitness, Inc. ) or (Creve Coeur – CC JC Tan, Inc.) or (Webster Groves

  • Webster ) or (Rockhill – S County Training Inc. ) or (O’Fallon S – Club Fitness of K & N Plaza or CF of Deer Creek, LLC ) or (Lemay Ferry – South Training, Inc.) or (Granite City – C.C.C. Fitness LTD ) or (Alton – CF of Alton) or (St. Charles – Club Fitness of St. Charles, LLC) or (Collinsville – CF of Collinsville, LLC ) or (Hampton CF of Hampton, LLC) or (Ballwin – CF of Ballwin, LLC) or (Woodriver – CF of Woodriver, LLC) or (Fairview Heights – CF of Fairview Heights, LLC) or ( Delmar CF of Loop, LLC) or (Brentwood – CF of Brentwood, LLC ) or (Loughborough – CF of Loughborough, LLC) or (Dogtown – CF of St. Louis Market Place, LLC ) or (Wentzville – CF of Wentzville, LLC ) or (Arnold – CF of Arnold, LLC) or (Affton – CF of Grasso Plaza, LLC) or (Chesterfield – Aphel Bill Serv , LLC) or (Belleville – CF of Belleville, LLC.) or (Maplewood – CF of Maplewood, LLC) or (Eastgate – CF of Eastgate Plaza, LLC) or ( O’Fallon IL – CF of O’Fallon IL, LLC ) or ( Fenton – CF of Fenton, LLC) or (Ellisville – CF of Ellisville) or Club Fitness Holdings,

 

ENTIRE AGREEMENT AND ENFORCEMENT: You acknowledge that this Agreement constitutes the entire agreement between the parties and that you have not relied on any promises, representations, understandings and/or Agreements relating to this membership purchase. At our option this membership may be NULL & VOID if it is not in accordance with our current pricing and membership policy. NO CHANGE TO ANY PRINTED ITEM IN THIS AGREEMENT SHALL BE VALID. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

MISCELLANEOUS: This Agreement may be assigned by Club Fitness or its Affiliates at any time for any reason. You may not sell, assign or transfer your rights or obligations under this Agreement. Agreement benefits solely the parties to this Agreement and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement and all related documents including all exhibits attached hereto are governed by, and construed in accordance with, the laws of the State of Missouri.

MEMBER HAS READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE RELEASE OF LIABILITY. MEMBER HAS RECEIVED AN ELECTRONIC COPY OF SIGNED CLUB FITNESS MEMBERSHIP AGREEMENT.

By accepting the terms of this Agreement, you hereby agree to the terms and conditions of this Agreement and consents to the same.

Exhibit C – WAIVER AND RELEASE OF LIABILITY

By signing Agreement, you are obtaining membership at a fitness club that allows 24 hour access. Accordingly, you understand and agree that, during non-business hours, there may be no supervision or assistance at the fitness club.

You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there may be no staff available to respond to your emergency and this facility has no duty to provide assistance to you during non-business hours. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. Although we highly recommend that you have a workout partner accompany you while at the fitness club, you agree that you are aware of the risks and assume the same.

You understand and agree that physical exercise can be strenuous and subject to risk of serious injury. Club Fitness urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (and each member, guest, or participant) agree that if you engage in any physical exercise or activity or use any Club Fitness amenity, including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of a Club Fitness facility and assume all risks of personal, bodily, or mental injury, illness, or death, regardless of the fault or negligence of Club Fitness. Club Fitness is not responsible for any loss or damage to your personal property.

WAIVER AND RELEASE OF LIABILITY:

YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES PROVIDED FOR UNDER THIS AGREEMENT ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY LACK OF TIMELY AFTER-HOURS EMERGENCY RESPONSE OR RESCUE OPERATIONS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OR FAULT OF CLUB FITNESS OR OTHERWISE.

You hereby expressly waive and release any and all claims, now known or hereafter known, against Club Fitness, and its officers, directors, employees, agents, Affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to your participation in any activity under this Agreement, whether arising out of the negligence or fault of Club Fitness or any Releasees or otherwise. You covenant not to make or bring any such claim against Club Fitness or any other Releasee, and forever release and discharge Club Fitness and all other Releasees from liability under such claims.

This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of fault or negligence occasioned by Club Fitness or as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the fitness club, or on the fitness club premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge the fitness club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the fitness club for negligence, personal injury or property damage. You understand and agree that if you are found letting in another person into the facility- regardless of that person’s membership status – you will be assessed a $10 guest fee to be automatically billed to your account for each incidence.

Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording shall be deemed removed, and the remainder of this Agreement will remain in full force.

You acknowledge that if Club Fitness employees or contractors assist Member in the use of any equipment or exercises, that Member may be physically touched as part of such assistance, and Member consents to such touching and waives any claim in connection with such touching.

You understand that should your card not grant access to the facility after staffed hours that you must contact Club Fitness during regular business hours to update your billing information and/or pay any past due balance that may exist. You further understand that “non-payment” of membership fees does not terminate your membership.

I HAVE READ AND AGREED TO THE TERMS AND CONDITIONS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE WAIVER AND RELEASE OF LIABILITY.

Exhibit D – Fitness Club and Equipment Use Policies

Club Fitness offers its members many different types of facilities and equipment to help you accomplish your fitness goals. When you complete your complementary fitness orientation with one of Club Fitness’s personal trainers, you will better understand how each piece of equipment works, and what to do if you are unsure how to work a piece of equipment. If you have any questions about a particular piece of equipment, please ask a staff member before using the equipment. Below is a general, nonexhaustive list of guidelines about the equipment: Cardiovascular Equipment

Treadmills – Treadmills use a belt driven by an internal motor so that you may walk or run in place. Prior to beginning a workout on a treadmill:

  1. Make sure the treadmill belt is in a stationary
  2. Make sure to tie your shoes, secure personal stereos, and dangling
  3. Make sure treadmill is plugged in and the display is
  4. Before starting a treadmill workout straddle the belt and begin programming the treadmill.
  5. Let the belt come to a complete stop before getting off

Bikes – Bikes (both upright and recumbent) work when you begin to pedal. Prior to beginning a workout on a bike:

  1. Adjust your seat to the proper
  2. Use the foot straps to prevent
  3. Make sure to tie your shoes, secure personal stereos, and dangling

Ellipticals – Ellipticals work when you begin to pedal. Before beginning a workout on an elliptical:

  1. Make sure to tie your shoes, secure personal stereos, and dangling
  2. Keep both feet on pedals while
  3. Make sure pedals come to a complete stop before

Strength Equipment

All strength equipment is designed to perform basic movements. Always adjust the equipment for your size and range of movement. Before beginning a workout with the strength equipment:

  1. Adjust the seat to the appropriate level for
  2. Adjust to a weight that is appropriate for your fitness
  3. Secure all loose clothing, personal stereos, and dangling
  4. Abide by all cautions and warning posted on the
  5. Keep hands and feet away from weight stacks, moving parts, and cables while in motion. Use appropriate hand and foot
  6. Always use proper form to lift
  7. Do not use any equipment that appears to be
  8. Never try to adjust or modify the equipment with extra weight, cables, or anything

Free Weights

Free weights are an advanced form of exercise designed to give you total range of motion in an exercise. The term ‘free weight’ refers to the dumbbells, barbells, weight plates, or racks. Prior to starting a workout with free weights:

  • Secure all loose clothing, personal stereos, and dangling
  • Adjust the weights to your appropriate
  • Abide by all posted cautions and warning on the
  • NEVER sacrifice proper form to lift more
  • Never use equipment that appears to be
  • Always lift with a spotter (someone who is able to assist you with the weight).

If you are lifting alone and during non-staffed hours, never try to lift free weights on a bench.

  • NEVER drop or throw weights. Use appropriate bar racks and
  • Always replace weights when Weights on the floor present a tripping hazard.

Security

The building and club premises are under 24-hour video surveillance. Whether you are working out, moving throughout the building, or entering/leaving the building, your activities are recorded. This video system is used for security purposes. The surveillance system does not protect you from harm on the building premises. You must use caution when entering or leaving the building. A courtesy telephone is available. Never allow access to individuals who knock on the door; doing so may put you at risk for injury or harm, and could result in the loss of your membership privileges. There are mobile safety buttons available for you to wear. These are designed to signal authorities in the event you feel either threatened or are in need of medical help.

Restrooms

The restrooms have a door lock that should be used when you enter the restroom.

Injury and First Aid

In the event that you or another individual becomes injured:

  • For serious injuries that need medical treatment, dial 911 from the courtesy phone or press the red emergency button hanging near the water fountain or the buttons on the mobile security
  • A basic medical supply box is available at the front

Contact a staff member or call (636) 928-0968 and leave a message to report any injury.

Power Outage

There is a failsafe on the door to the fitness club which will allow you to exit the fitness club during a power outage. There are also emergency exit lights allowing you to see in case of a power outage. You will not be able to enter the fitness club during a power outage.

Dress Code

  • Athletic workout clothing is required (this includes a shirt).
  • No Jeans are allowed in work out areas
  • Athletic shoes No sandals, flip-flops, boots, work boots or bare feet are allowed in work out areas.
  • Vulgar or offensive clothing will not be

Gym Etiquette requirements

  • A sweat towel is required to wipe off any machines
  • Being courteous and respectful to other members, staff and contractors at all times.
  • Dropping or slamming weights is prohibited
  • No gym bags are allowed on the floor
  • Re-racking all weights when you are finished using them
  • Firearms or weapons are not allowed in our facilities unless you are a law enforcement officer
  • You are prohibited from bringing in your own equipment to use on the gym floor
  • You are prohibited from using chalk
  • Refrain from having conversations on a cell phone while on the floor working out
  • No food is allowed to be on the floor in any exercise areas

Fire

In case of a fire, or if you smell or see smoke, exit the building immediately. Call 911 immediately from a cell phone or business nearby.

Entrance/Exit Doors

Members MUST use the member door to enter and exit the building. The back door/s will set off an alarm when opened. The guest entrance door will set off an alarm when the fitness club is not staffed.

Miscellaneous

This is only a general club policy description. You must follow any other instructions provided to you by a staff member or particular guidelines that may apply to certain Club Fitness locations. If you have any questions or concerns on how to use the equipment, please ask a trainer or a staff member, if available, or call (636) 928- 0968. Do not use the equipment if you are not sure how to use it or if you have any other concerns.

By signing, you acknowledge and agree that you understand this notice of how to use the equipment, as well as all exits and safety/security devices. You also have read and understand the above stated policies and procedures about Club Fitness’s facilities and equipment and agree to abide by them. You understand the risks associated with using exercise equipment and exercising alone without the aid of a trainer or supervision and without the presence of Club Fitness staff on the premises.

Exhibit E – KIDS CLUB GUIDELINES

Club Fitness offers limited childcare at certain locations during business hours for members, subject to the following terms:

  1. Children must be between the age of 16 weeks and 12 years old to be eligible for the services described herein.
  2. Prior to using the services, the parent or legal guardian is required complete and keep current a signed copy of these guidelines at each location where the children will participate in the
  3. A government issued photo I.D. of the parent or legal guardian is required for each use of the service. The government issued photo I.D. will be held by Club Fitness until the child is
  4. Only the parent or legal guardian may sign in/out their own child. The same Parent/Legal Guardian must sign them out. Parent/Legal Guardian must remain on the premises for the duration of the child’s stay in Kids You may request a copy of the guidelines at any time.
  5. Maximum time limit is 2 hours per child per Maximum occupancy can change from location to location based on square footage, staffing and maximum capacity. For example, according to the Fire Marshall, children under the age of 3 are counted as two (2) children. Accordingly, maximum capacity may not always be based on physical children in attendance and is in the discretion of Club Fitness. In rare cases, a waiting list may be used.
  6. No food or drink, other than a spill proof cup for water only and labeled with the child’s name, is
  7. Parent/Legal Guardian are responsible for feeding and changing diapers or clothing. Kids Club associate will not assist child in the restroom in any The associate will allow the child to use the restroom on their own and will wait outside until they are finished.
  8. For the safety of other children and our staff, Kids Club associates and Club Fitness Management reserve the right to refuse entry to any child showing signs of fever or illness of any kind, including rashes. And to reduce stay times as needed, due to
  9. Club Fitness expects that participants utilize “treat others as you would like to be treated” No hitting, biting, spitting, name calling, bullying or rough horse play is permitted. At Club Fitness’s sole discretion, we may require the removal of a particular child from the Kid Club for a period of time, up to and including permanent suspension from the service.
  10. These Guidelines are subject to change as needed, without
  11. Club Fitness does not accept responsibility for items brought into the Kid’s Club that are damaged, lost or

By signing, I hereby agree to the following:

  • I have read the provided guidelines and agree to comply with the
  • I have provided relevant medical information for any/all above listed
  • I understand that neither Club Fitness nor any of its employees shall be held liable or responsible for any accident or injury that may occur while my child is present in the Kids Club and that I am solely responsible for the safety and wellbeing of my child while in the Kids
  • I understand Club Fitness enforces all Guidelines and Authorizations and reserves the right to refuse admittance to any member or child that does not follow all guidelines and provide photo I.D. I understand that I may request a copy of the Guidelines at any
  • I understand and acknowledge that this service is not a licensed child care facility and is not required to be I acknowledge and consent that Club Fitness may videotape or take pictures of any activities that take place in the Kids Club, including any incidents or injuries, and that Club Fitness is not required to release such information to any party.

Exhibit F – Promotional Communication Authorization

You agree that by providing your telephone number and your signature below, that you authorize Club Fitness, Inc. and any of its parents, subsidiaries, agents, contractors, service providers and affiliates, including without limitation, ClubOS and Twilio to deliver or cause to be delivered to you at the provided telephone number, telemarketing, informational and transactional calls and text messages using an automatic telephone dialing system or an artificial or prerecorded voice. You also acknowledge and agree that you are not required to sign this agreement or enter into this agreement as a condition of purchasing any property, goods, or services from Club Fitness.

Exhibit G – Tanning Bed Release and Informed Consent

PLEASE READ THE FOLLOWING INFORMATION AND ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ALL PROVISIONS BY SIGNING BELOW.

It is our intention to keep you as well informed about tanning as possible. This means informing you how to operate the tanning equipment. The proper procedure to follow in the tanning room will be clearly explained by a member of our staff. Please feel free to ask any questions.

IF YOU DO NOT DEVELOP A TAN OUTDOORS, YOU ARE UNLIKELY TO TAN FROM THE USE OF ANY TANNING DEVICE.

  1. AVOID OVEREXPOSURE. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. REPEATED OVEREXPOSURE may cause photo aging of the skin, dryness, wrinkling and in some instances skin cancer. We recommend that you do not tan outdoors on days you are tanning indoors, that you do not tan if you currently have a sunburn and that you, at most, tan only once in a 24-hour
  2. CERTAIN MEDICATIONS, LOTIONS AND OTHER PRODUCTS may cause your skin to be more sensitive to UV Rays. Check the posted list of drugs and products known to increase photosensitivity of the skin. Check with your physician or pharmacist if you are unsure about any medications you are taking or if you have had a problem with indoor or outdoor tanning in the
  3. WEAR PROTECTIVE EYEWEAR. Failure to wear protective eyewear may result in severe burns or long-term injury to the

I have read the contents of this consent form carefully and state that I am not aware of any medical conditions or other reason that would prohibit me from tanning. I understand that I will not be allowed to exceed the maximum allowable time posted on the tanning device. I have been given adequate instructions for the proper use of the tanning equipment, understand the risks involved, and use it at my own risk. I hereby agree to release the owners, operators and manufacturers from any damages that I might incur due to the use of this facility.

SIGNATURE PAGE

By signing this Agreement, you agree to all the terms set forth above, including all applicable exhibits, which are incorporated into the Agreement by reference. You further agree that you have not relied on any oral statements as an enticement to enter into this Agreement. You further understand that no representative of company may alter anything in this Agreement.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. THIS AGREEMENT CONTAINS A WAIVER AND RELEASE OF CLUB FITNESS’S NEGLIGENCE AND/OR FAULT.

Paid in Full

Exhibit A – Payment Schedule and Terms Auto-Payment Plan / Automatic Renewal: NA

The indicated rate per month + tax (NA) for a minimum of the NA installment payments based on automatic payments billed to a checking, saving, credit or debit card account. Upon completion of your minimum installment payment (i.e. on your thirteenth payment), your monthly rate will increase by $1.00 and your membership shall automatically renew each month. Further, upon completion of your minimum installment payment and as set forth below, your annual membership fee will be due. The EFT authorization will remain in effect until your notice of termination is received and effective. To terminate Agreement, refer to the terms within this Agreement. Dues whether paid yearly or monthly are subject to state and local sales tax, which you agree to pay in addition to your monthly fee. You agree to pay any new, additional or increased taxes imposed on this Agreement.

Annual Membership Fee:

An annual membership fee of the NA, which is in addition to the monthly fees above, will be billed on NA for this membership plan. You authorize this deduction to be processed annually through the same account as my regular monthly dues. Any new or updated automatic payment information billed to a checking, saving, credit or debit card account is automatically authorized upon new or updated information provided to bill this fee.

Early Termination Fee:

Notwithstanding any other terms of this Agreement, if your applicable membership level has a minimum number of installment payments, and you wish to terminate Agreement prior to the minimum installment payment term being fulfilled, you will be required pay a one-time early termination fee. All dues and fees must be current and 30-Day notice provisions of this Agreement still apply.

FOR ALL BILLING INQUIRIES, PLEASE CALL CLUB FITNESS CUSTOMER SERVICE AT (636) 928-0968.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation 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), the clubs billing company, ABC Fitness Solutions, 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.

Club Fitness engages a third-party billing company, ABC Fitness Solutions, LLC, to process automatic and electronic payments hereunder. ABC Fitness Solutions, LLC. and Club Fitness reserve the right to draft (via EFT) all amounts owed by the member including any and all late fees, service fees and returned item fees, subject to any applicable state and/or federal law.

You must complete the following form for all EFT, automated clearing house or credit card draft payments or accounts:

 

REQUEST FOR PREAUTHORIZED PAYMENT

I/We hereby request the privilege of paying to ABC Fitness Solutions, LLC (“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:

  • 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 The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
  • 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
  • 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 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 You have made.
  • 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: abcfitness.com under terms and conditions.
  • The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
  • If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership
  • 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 A late fee will be assessed and drafted should any monthly payment become past due.
  • 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 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.
  • This preauthorization payment arrangement shall apply to the following Applicant(s):

For any Club Fitness personal training, you will need to also complete the supplemental ‘ACH Agreement – Training Agreement’ form, a copy of which is available upon request.

 

Exhibit B – Terms and Conditions to Membership Agreement

MEMBER’S RESPONSIBILITY AS TO USE OF CLUB: You (and any guest(s) you may bring to a Club Fitness location) should consult with your physician before using our services and facilities. You understand and acknowledge that Club Fitness’s employees have no expertise in diagnosing, examining or treating any medical condition. You agree that you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to yourself or others. You also agree you will use the fitness club in accordance with all applicable public health requirements. The fitness club reserves the right to make final decision as to your use of the facilities.

WAIVER AND RELEASE OF LIABILITY: You hereby waive any and all claims or actions that may arise against Club Fitness, its Affiliates, subsidiaries, successors, and assigns, shareholder, employees, volunteers, and owners arising from any personal, bodily, or mental injury, loss, or damage to you, or your guests, occasioned or caused by the negligence or fault of Club Fitness and further agree to the terms set forth in the Waiver and Release of Liability, attached to this Agreement as Exhibit C.

RESERVATION OF RIGHTS: We may at any time close any of our facilities or alter our hours of operation. We also may amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service at our sole discretion. We reserve the right to revoke your membership at any time for any reason. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.

INDEPENDENT CONTRACTORS: From time to time we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period.

LOST MEMBERSHIP CARD: A replacement fee will be required for a lost or stolen card. You understand that admittance to the fitness club will be denied without a current and valid membership card.

MEMBER’S RIGHT TO CANCEL: You may cancel, terminate this Agreement in writing by certified mail, return receipt requested, to 7055 Mexico Road. Suite 1210, St. Peters, MO 63376 or by personally visiting any Club Fitness location during business hours and informing the staff of your intention to terminate Agreement. Any notice of termination submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of termination. A thirty (30) day notice period is required for termination of Agreement. You are required to pay the annual membership fee, as set forth in Exhibit A, if it falls within this thirty-day notice period. You will also be responsible for any remaining monthly dues and any past due amounts owed. Your membership must be active for a termination to be processed.

TERMINATION UPON DEATH OR DISABILITY: You, or your estate, have the right to terminate this Agreement if Member dies or becomes permanently disabled and is unable to use a substantial portion of the services for sixty or more consecutive days. To terminate under this paragraph, send written proof of death or disability to the address above. Your termination will be effective upon the date of death or disability of the Member. You agree that we may require verification of a Member’s disability with Member’s doctor or by having member submit to a physical examination by a doctor agreeable to member and us.

TEMPORARY DISABILITY: In the event you the member has a temporary disability, upon request of the member and reasonable medical documentation provided, the company will suspend obligation (provide freeze period) to make a monthly payment, privileges and use of facility for a period of up to 90 days after receiving request.

TERMINATION UPON RELOCATION: You may terminate this Agreement if you permanently move your residence more than 25 driving miles from either the fitness club of enrollment or any other club which member is entitled to use or any substantially similar club that will honor member’s membership at no additional charge. To terminate under this paragraph, you must provide proof of your relocation in the form of two of the following: a utility bill in your name, a change of address label indicating mail was forwarded to your new address, or your new driver’s license with issue date. Member agrees to pay a $59.00 charge for termination.

 

For Illinois residents only: The following shall apply in place of any other section of agreement to comply with IL State Law (for this section, the “Act”). You may cancel this agreement if you move your residence to farther than 25 miles from the center’s facilities, and upon the failure of the original center to designate a center, with comparable facilities and services within 25 miles of your new residence, which agrees to accept the original center’s obligations under the agreement, you may cancel the agreement and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to the center, plus a reasonable fee if so provided in the agreement, but such fee shall not exceed 10% of the unused balance, or $ 50 whichever is less. If you, because of death or disability, are unable to use or receive all services contracted for you or your estate as the case may be, shall be liable for only that portion of the charges allocable to the time prior to death or the onset of disability. The center shall in such event have the right to require and verify reasonable evidence of such death or disability. Notice of cancellation shall be made in person or by certified or registered mail to the center at the address specified in the agreement. All refunds to which you or your estate are entitled shall be made within 30 days of receipt to the center of the cancellation notice. Every agreement for physical fitness services shall set forth the customer’s total payment obligation for services to be received pursuant to the agreement. No agreement for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such agreement must so provide in writing; except that this limit shall not apply to any agreement for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement. No agreement for family or couple memberships for basic physical fitness services shall require payment in excess of $2,500 per year per person covered under the membership. No agreement for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the agreement is entered into, nor shall the term of any such agreement be measured by the life of the customer. The initial term of services to be rendered under the agreement may not extend over a period of more than 2 years from the date the parties enter into the agreement; provided that you may be given an option to renew the agreement for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership. No agreement for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of an agreement for physical fitness services which the customer has against the center shall be cut off by assignment of the agreement whether or not the assignee acquires the agreement in good faith and for value. Such an assignee is not a holder in due course. All agreements for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one agreement for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one agreement for services at the same time for purposes of avoiding the provisions of this Act. Any waiver by the customer of the provisions of this Act shall be void and unenforceable. Any agreement for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable. If any court finds, as a matter of law, that an agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may agree to use the facilities of the center; or misrepresentation of the skills or abilities of any customer or potential customer. Any agreement for physical fitness services entered to in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforceable.

PAID IN FULL MEMBERSHIPS: From time to time we may offer a membership that is pre-paid for up to 24 months with a start and ending date. Any renewal rates specified are valid for up to 30 days from expiration date in increments of 12 months.

Paid in Full memberships are non-refundable except in the event of disability or death. If membership is for a period exceeding 24 months, all additional time will be considered FREE time and will not be considered when prorating any refund for disability or death. Any special paid in full promotions are not renewable.

MEMBERSHIP PLAN LEVELS: Upon execution of this Agreement, you must choose a certain level of membership privileges, as described below. You agree that the classes and amenities are subject to change at the discretion as Club Fitness and may be removed or cancelled at any time.

  • You shall have access to all Club Fitness locations, as well as 24-hour access with limited amenities, group exercise classes. Early Termination Fee: equivalent to three (3) monthly dues payments
  • Premium: You shall have access to all Club Fitness locations as well as 24- hour access with limited amenities, including level 3 tanning, group exercise classes, kids club, team training, pulse studio and virtual training. Early Termination Fee: equivalent to three(3) monthly dues payments
  • Platinum: You shall have access to all Club Fitness locations as well as 24- hour access with limited amenities, including all levels of tanning, group exercise classes, kids club, team training, pulse studio, virtual training, specialty classes (included and/or paid) defined by Club Fitness. Early Termination Fee: equivalent to three(3) monthly dues payments

LOCKER USE: Lockers are available on a first come, first serve basis during your workout. No member shall leave any items or personal belongings in the locked locker overnight. All locks left overnight will be removed and contents stored with management. It is recommended to use a lock to secure your items in a locker. Club Fitness is not responsible for items or belongings left or stored in lockers as the lockers are available at member will.

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 Fitness and ABC Fitness Solutions, LLC, 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 Club Fitness and/or ABC Fitness Solutions, LLC. You shall promptly notify Club Fitness of any changes regarding your contact information.

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 the home club city and Missouri 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 CLUB FITNESS ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR CLUB FITNESS 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.

INDEMNIFICATION: You hereby release and agree to indemnify Club Fitness, its Affiliates, officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with this Agreement, including but not limited to your use of the equipment and/or the facilities of Club Fitness and any incident that occurs while using the facilities. You understand that Club FitnessTM is a trademark of Club Fitness, Inc., that Club Fitness, Inc. has licensed Club FitnessTM trademark certain Affiliates, that the fitness club you are using may be operated by an Affiliate, and, therefore, you hereby release and agree to indemnify Club Fitness, Inc., South County Training Inc., South Training LLC, Club Fitness of K&N LLC, Club Fitness of St. Charles LLC, CCJC Tan Inc., O’Fallon Fitness Inc., Total Tan Inc., Webster Inc., Club Fitness of Alton LLC, CCC Fitness LTD, its officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with your using any of the equipment or the facilities of the fitness club or any incident that occurs while using Club Fitness’s facilities or otherwise related to your club membership.

ELECTRONIC DISCLOSURES: Certain laws and regulations may require Club Fitness to provide you with written notices and disclosures on paper. With your consent, this information may be provided electronically. Your consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Club Fitness and/or its third-party payment provider ABC Fitness Solutions, LLC, may provide you. Your consent to receive the Documents electronically shall continue until expressly withdrawn by you. Notwithstanding this, you may request a paper copy of all electronic Documents by contacting Club Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. You may withdraw your consent at any time by notifying the customer service department of Club Fitness and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, you shall no longer receive the Documents electronically. You acknowledge that withdrawing consent may result in additional fees for your receipt of the Documents. You agree to maintain a valid email address with Club Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Club Fitness and/or ABC Fitness Solutions, LLC, of any changes to your email address. If you have 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 Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, you agree and acknowledge that you 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 your 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 you desire to print or electronically store any electronic Documents. You acknowledge that you may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones.

 

INFORMATIONAL/TRANSACTIONAL CALLS AND TEXT MESSAGES:

You hereby consent to Club Fitness making telephone calls and sending you text messages to the telephone number(s) that you provide to Club Fitness or its Affiliates that are informational and/or transactional in nature arising from or related to this membership using, including, without limitation, an automatic telephone dialing system or artificial or prerecorded voice.

CONSENT TO USE LIKENESS: You hereby consent for Club Fitness to any use your name, portrait, audio recording of your voice, and / or video images while utilizing any Club Fitness facility for the purpose of advertising or any other purpose to be reasonably determined by Club Fitness, including, but not limited to, television, radio, print, internet and social media advertising. You acknowledge that you will not receive compensation for this consent and any and all pictures, films, photographs, negatives and auto recordings of your voice in connections with this consent authorization shall be the exclusive property of Club Fitness and its Affiliates. By signing this Agreement, you represent that you are over 18 years of age or signature as cosigner authorizes on behalf of any minor, the full authority to grant the rights herein given. This will also serve as a release of any and all claims regarding the above.

INCIDENTAL CONTACT: You acknowledge that if any Club Fitness employee assists you in the use of any equipment or exercises, that you may be physically touched as part of such assistance, and you hereby consent to such touching and waives any claim in connection with such touching.

AFFILIATES: Member acknowledges that by signing an Agreement with the location of Your Home Club that it refers to the legal identity of the corresponding Affiliate. “Affiliate” shall mean any of the following locations or corporate entities of Club Fitness: (Florissant -Total Tan, Inc) or (St. Peters – Club Fitness, Inc. ) or ( O’Fallon N – O’Fallon Fitness, Inc. ) or (Creve Coeur – CC JC Tan, Inc.) or (Webster Groves

  • Webster ) or (Rockhill – S County Training Inc. ) or (O’Fallon S – Club Fitness of K & N Plaza or CF of Deer Creek, LLC ) or (Lemay Ferry – South Training, Inc.) or (Granite City – C.C.C. Fitness LTD ) or (Alton – CF of Alton) or (St. Charles – Club Fitness of St. Charles, LLC) or (Collinsville – CF of Collinsville, LLC ) or (Hampton CF of Hampton, LLC) or (Ballwin – CF of Ballwin, LLC) or (Woodriver – CF of Woodriver, LLC) or (Fairview Heights – CF of Fairview Heights, LLC) or ( Delmar CF of Loop, LLC) or (Brentwood – CF of Brentwood, LLC ) or (Loughborough – CF of Loughborough, LLC) or (Dogtown – CF of St. Louis Market Place, LLC ) or (Wentzville – CF of Wentzville, LLC ) or (Arnold – CF of Arnold, LLC) or (Affton – CF of Grasso Plaza, LLC) or (Chesterfield – Aphel Bill Serv , LLC) or (Belleville – CF of Belleville, LLC.) or (Maplewood – CF of Maplewood, LLC) or (Eastgate – CF of Eastgate Plaza, LLC) or ( O’Fallon IL – CF of O’Fallon IL, LLC ) or ( Fenton – CF of Fenton, LLC) or (Ellisville – CF of Ellisville) or Club Fitness Holdings,

ENTIRE AGREEMENT AND ENFORCEMENT: You acknowledge that this Agreement constitutes the entire agreement between the parties and that you have not relied on any promises, representations, understandings and/or Agreements relating to this membership purchase. At our option this membership may be NULL & VOID if it is not in accordance with our current pricing and membership policy. NO CHANGE TO ANY PRINTED ITEM IN THIS AGREEMENT SHALL BE VALID. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

MISCELLANEOUS: This Agreement may be assigned by Club Fitness or its Affiliates at any time for any reason. You may not sell, assign or transfer your rights or obligations under this Agreement. Agreement benefits solely the parties to this Agreement and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement and all related documents including all exhibits attached hereto are governed by, and construed in accordance with, the laws of the State of Missouri.

MEMBER HAS READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE RELEASE OF LIABILITY. MEMBER HAS RECEIVED AN ELECTRONIC COPY OF SIGNED CLUB FITNESS MEMBERSHIP AGREEMENT.

By accepting the terms of this Agreement, you hereby agree to the terms and conditions of this Agreement and consents to the same.

Exhibit C – WAIVER AND RELEASE OF LIABILITY

By signing Agreement, you are obtaining membership at a fitness club that allows 24 hour access. Accordingly, you understand and agree that, during non-business hours, there may be no supervision or assistance at the fitness club.

You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there may be no staff available to respond to your emergency and this facility has no duty to provide assistance to you during non-business hours. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. Although we highly recommend that you have a workout partner accompany you while at the fitness club, you agree that you are aware of the risks and assume the same.

You understand and agree that physical exercise can be strenuous and subject to risk of serious injury. Club Fitness urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (and each member, guest, or participant) agree that if you engage in any physical exercise or activity or use any Club Fitness amenity, including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of a Club Fitness facility and assume all risks of personal, bodily, or mental injury, illness, or death, regardless of the fault or negligence of Club Fitness. Club Fitness is not responsible for any loss or damage to your personal property.

WAIVER AND RELEASE OF LIABILITY:

YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES PROVIDED FOR UNDER THIS AGREEMENT ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT ANY INJURIES THAT YOU SUSTAIN MAY BE COMPOUNDED BY LACK OF TIMELY AFTER-HOURS EMERGENCY RESPONSE OR RESCUE OPERATIONS. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OR FAULT OF CLUB FITNESS OR OTHERWISE.

You hereby expressly waive and release any and all claims, now known or hereafter known, against Club Fitness, and its officers, directors, employees, agents, Affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to your participation in any activity under this Agreement, whether arising out of the negligence or fault of Club Fitness or any Releasees or otherwise. You covenant not to make or bring any such claim against Club Fitness or any other Releasee, and forever release and discharge Club Fitness and all other Releasees from liability under such claims.

This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of fault or negligence occasioned by Club Fitness or as a result of: (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment and (c) your slipping and/or falling while in the fitness club, or on the fitness club premises, including adjacent sidewalks and parking areas.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You expressly agree to release and discharge the fitness club, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the fitness club for negligence, personal injury or property damage. You understand and agree that if you are found letting in another person into the facility- regardless of that person’s membership status – you will be assessed a $10 guest fee to be automatically billed to your account for each incidence.

Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording shall be deemed removed, and the remainder of this Agreement will remain in full force.

You acknowledge that if Club Fitness employees or contractors assist Member in the use of any equipment or exercises, that Member may be physically touched as part of such assistance, and Member consents to such touching and waives any claim in connection with such touching.

You understand that should your card not grant access to the facility after staffed hours that you must contact Club Fitness during regular business hours to update your billing information and/or pay any past due balance that may exist. You further understand that “non-payment” of membership fees does not terminate your membership.

I HAVE READ AND AGREED TO THE TERMS AND CONDITIONS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE WAIVER AND RELEASE OF LIABILITY.

Exhibit D – Fitness Club and Equipment Use Policies

Club Fitness offers its members many different types of facilities and equipment to help you accomplish your fitness goals. When you complete your complementary fitness orientation with one of Club Fitness’s personal trainers, you will better understand how each piece of equipment works, and what to do if you are unsure how to work a piece of equipment. If you have any questions about a particular piece of equipment, please ask a staff member before using the equipment. Below is a general, nonexhaustive list of guidelines about the equipment: Cardiovascular Equipment

Treadmills – Treadmills use a belt driven by an internal motor so that you may walk or run in place. Prior to beginning a workout on a treadmill:

  1. Make sure the treadmill belt is in a stationary
  2. Make sure to tie your shoes, secure personal stereos, and dangling
  3. Make sure treadmill is plugged in and the display is
  4. Before starting a treadmill workout straddle the belt and begin programming the treadmill.
  5. Let the belt come to a complete stop before getting off

Bikes – Bikes (both upright and recumbent) work when you begin to pedal. Prior to beginning a workout on a bike:

  1. Adjust your seat to the proper
  2. Use the foot straps to prevent
  3. Make sure to tie your shoes, secure personal stereos, and dangling

Ellipticals – Ellipticals work when you begin to pedal. Before beginning a workout on an elliptical:

  1. Make sure to tie your shoes, secure personal stereos, and dangling
  2. Keep both feet on pedals while
  3. Make sure pedals come to a complete stop before

Strength Equipment

All strength equipment is designed to perform basic movements. Always adjust the equipment for your size and range of movement. Before beginning a workout with the strength equipment:

  1. Adjust the seat to the appropriate level for
  2. Adjust to a weight that is appropriate for your fitness
  3. Secure all loose clothing, personal stereos, and dangling
  4. Abide by all cautions and warning posted on the
  5. Keep hands and feet away from weight stacks, moving parts, and cables while in motion. Use appropriate hand and foot
  6. Always use proper form to lift
  7. Do not use any equipment that appears to be
  8. Never try to adjust or modify the equipment with extra weight, cables, or anything

Free Weights

Free weights are an advanced form of exercise designed to give you total range of motion in an exercise. The term ‘free weight’ refers to the dumbbells, barbells, weight plates, or racks. Prior to starting a workout with free weights:

  • Secure all loose clothing, personal stereos, and dangling
  • Adjust the weights to your appropriate
  • Abide by all posted cautions and warning on the
  • NEVER sacrifice proper form to lift more
  • Never use equipment that appears to be
  • Always lift with a spotter (someone who is able to assist you with the weight).

If you are lifting alone and during non-staffed hours, never try to lift free weights on a bench.

  • NEVER drop or throw weights. Use appropriate bar racks and
  • Always replace weights when Weights on the floor present a tripping hazard.

Security

The building and club premises are under 24-hour video surveillance. Whether you are working out, moving throughout the building, or entering/leaving the building, your activities are recorded. This video system is used for security purposes. The surveillance system does not protect you from harm on the building premises. You must use caution when entering or leaving the building. A courtesy telephone is available. Never allow access to individuals who knock on the door; doing so may put you at risk for injury or harm, and could result in the loss of your membership privileges. There are mobile safety buttons available for you to wear. These are designed to signal authorities in the event you feel either threatened or are in need of medical help.

Restrooms

The restrooms have a door lock that should be used when you enter the restroom.

Injury and First Aid

In the event that you or another individual becomes injured:

  • For serious injuries that need medical treatment, dial 911 from the courtesy phone or press the red emergency button hanging near the water fountain or the buttons on the mobile security
  • A basic medical supply box is available at the front

Contact a staff member or call (636) 928-0968 and leave a message to report any injury.

Power Outage

There is a failsafe on the door to the fitness club which will allow you to exit the fitness club during a power outage. There are also emergency exit lights allowing you to see in case of a power outage. You will not be able to enter the fitness club during a power outage.

Dress Code

  • Athletic workout clothing is required (this includes a shirt).
  • No Jeans are allowed in work out areas
  • Athletic shoes No sandals, flip-flops, boots, work boots or bare feet are allowed in work out areas.
  • Vulgar or offensive clothing will not be

Gym Etiquette requirements

  • A sweat towel is required to wipe off any machines
  • Being courteous and respectful to other members, staff and contractors at all times.
  • Dropping or slamming weights is prohibited
  • No gym bags are allowed on the floor
  • Re-racking all weights when you are finished using them
  • Firearms or weapons are not allowed in our facilities unless you are a law enforcement officer
  • You are prohibited from bringing in your own equipment to use on the gym floor
  • You are prohibited from using chalk
  • Refrain from having conversations on a cell phone while on the floor working out
  • No food is allowed to be on the floor in any exercise areas

Fire

In case of a fire, or if you smell or see smoke, exit the building immediately. Call 911 immediately from a cell phone or business nearby.

Entrance/Exit Doors

Members MUST use the member door to enter and exit the building. The back door/s will set off an alarm when opened. The guest entrance door will set off an alarm when the fitness club is not staffed.

Miscellaneous

This is only a general club policy description. You must follow any other instructions provided to you by a staff member or particular guidelines that may apply to certain Club Fitness locations. If you have any questions or concerns on how to use the equipment, please ask a trainer or a staff member, if available, or call (636) 928- 0968. Do not use the equipment if you are not sure how to use it or if you have any other concerns.

By signing, you acknowledge and agree that you understand this notice of how to use the equipment, as well as all exits and safety/security devices. You also have read and understand the above stated policies and procedures about Club Fitness’s facilities and equipment and agree to abide by them. You understand the risks associated with using exercise equipment and exercising alone without the aid of a trainer or supervision and without the presence of Club Fitness staff on the premises.

Exhibit E – KIDS CLUB GUIDELINES

Club Fitness offers limited childcare at certain locations during business hours for members, subject to the following terms:

  1. Children must be between the age of 16 weeks and 12 years old to be eligible for the services described herein.
  2. Prior to using the services, the parent or legal guardian is required complete and keep current a signed copy of these guidelines at each location where the children will participate in the
  3. A government issued photo I.D. of the parent or legal guardian is required for each use of the service. The government issued photo I.D. will be held by Club Fitness until the child is
  4. Only the parent or legal guardian may sign in/out their own child. The same Parent/Legal Guardian must sign them out. Parent/Legal Guardian must remain on the premises for the duration of the child’s stay in Kids You may request a copy of the guidelines at any time.
  5. Maximum time limit is 2 hours per child per Maximum occupancy can change from location to location based on square footage, staffing and maximum capacity. For example, according to the Fire Marshall, children under the age of 3 are counted as two (2) children. Accordingly, maximum capacity may not always be based on physical children in attendance and is in the discretion of Club Fitness. In rare cases, a waiting list may be used.
  6. No food or drink, other than a spill proof cup for water only and labeled with the child’s name, is
  7. Parent/Legal Guardian are responsible for feeding and changing diapers or clothing. Kids Club associate will not assist child in the restroom in any The associate will allow the child to use the restroom on their own and will wait outside until they are finished.
  8. For the safety of other children and our staff, Kids Club associates and Club Fitness Management reserve the right to refuse entry to any child showing signs of fever or illness of any kind, including rashes. And to reduce stay times as needed, due to
  9. Club Fitness expects that participants utilize “treat others as you would like to be treated” No hitting, biting, spitting, name calling, bullying or rough horse play is permitted. At Club Fitness’s sole discretion, we may require the removal of a particular child from the Kid Club for a period of time, up to and including permanent suspension from the service.
  10. These Guidelines are subject to change as needed, without
  11. Club Fitness does not accept responsibility for items brought into the Kid’s Club that are damaged, lost or

By signing, I hereby agree to the following:

  • I have read the provided guidelines and agree to comply with the
  • I have provided relevant medical information for any/all above listed
  • I understand that neither Club Fitness nor any of its employees shall be held liable or responsible for any accident or injury that may occur while my child is present in the Kids Club and that I am solely responsible for the safety and wellbeing of my child while in the Kids
  • I understand Club Fitness enforces all Guidelines and Authorizations and reserves the right to refuse admittance to any member or child that does not follow all guidelines and provide photo I.D. I understand that I may request a copy of the Guidelines at any
  • I understand and acknowledge that this service is not a licensed child care facility and is not required to be I acknowledge and consent that Club Fitness may videotape or take pictures of any activities that take place in the Kids Club, including any incidents or injuries, and that Club Fitness is not required to release such information to any party.

Exhibit F – Promotional Communication Authorization

You agree that by providing your telephone number and your signature below, that you authorize Club Fitness, Inc. and any of its parents, subsidiaries, agents, contractors, service providers and affiliates, including without limitation, ClubOS and Twilio to deliver or cause to be delivered to you at the provided telephone number, telemarketing, informational and transactional calls and text messages using an automatic telephone dialing system or an artificial or prerecorded voice. You also acknowledge and agree that you are not required to sign this agreement or enter into this agreement as a condition of purchasing any property, goods, or services from Club Fitness.

Exhibit G – Tanning Bed Release and Informed Consent

PLEASE READ THE FOLLOWING INFORMATION AND ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT ALL PROVISIONS BY SIGNINGBELOW.

It is our intention to keep you as well informed about tanning as possible. This means informing you how to operate the tanning equipment. The proper procedure to follow in the tanning room will be clearly explained by a member of our staff. Please feel free to ask any questions.

IF YOU DO NOT DEVELOP A TAN OUTDOORS, YOU ARE UNLIKELY TO TAN FROM THE USE OF ANY TANNING DEVICE.

  1. AVOID OVEREXPOSURE. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. REPEATED OVEREXPOSURE may cause photo aging of the skin, dryness, wrinkling and in some instances skin cancer. We recommend that you do not tan outdoors on days you are tanning indoors, that you do not tan if you currently have a sunburn and that you, at most, tan only once in a 24-hour
  2. CERTAIN MEDICATIONS, LOTIONS AND OTHER PRODUCTS may cause your skin to be more sensitive to UV Rays. Check the posted list of drugs and products known to increase photosensitivity of the skin. Check with your physician or pharmacist if you are unsure about any medications you are taking or if you have had a problem with indoor or outdoor tanning in the
  3. WEAR PROTECTIVE EYEWEAR. Failure to wear protective eyewear may result in severe burns or long-term injury to the

I have read the contents of this consent form carefully and state that I am not aware of any medical conditions or other reason that would prohibit me from tanning. I understand that I will not be allowed to exceed the maximum allowable time posted on the tanning device. I have been given adequate instructions for the proper use of the tanning equipment, understand the risks involved, and use it at my own risk. I hereby agree to release the owners, operators and manufacturers from any damages that I might incur due to the use of this facility.

SIGNATURE PAGE

By signing this Agreement, you agree to all the terms set forth above, including all applicable exhibits, which are incorporated into the Agreement by reference. You further agree that you have not relied on any oral statements as an enticement to enter into this Agreement. You further understand that no representative of company may alter anything in this Agreement.

 

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. THIS AGREEMENT CONTAINS A WAIVER AND RELEASE OF CLUB FITNESS’S NEGLIGENCE AND/OR FAULT.