ABC FITNESS

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 herein. 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.

If the regular payments set forth in the Membership Agreement should vary in amount, You are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, You choose to instead get this notice only when the payment would differ by more than $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: www.abcfitness.com under Terms of Service.

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 Agreement.

If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.

By executing this Agreement, You authorize Club and Club’s agents, including its third-party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement (“Club Agreement”), as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.

This preauthorization payment arrangement shall apply to the Applicant(s) listed:

NOTICE TO PURCHASER:

DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.

IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
955 NORTH SYLVANIA AVE, FORT WORTH, TX 76111.

IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:

CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:
955 NORTH SYLVANIA AVE, FORT WORTH, TX 76111; and

IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:
955 NORTH SYLVANIA AVE, FORT WORTH, TX 76111.

IF THE HEALTH SPA IS RENDERED UNUSABLE FOR 30 CONSECUTIVE DAYS OR LONGER BECAUSE OF AN EVENT BEYOND THE CONTROL OF THE OWNER OR OPERATOR OF THE HEALTH SPA, INCLUDING A NATURAL DISASTER, THE HEALTH SPA SHALL EXTEND THE TERM OF EACH AFFECTED MEMBER’S CONTRACT FOR A PERIOD EQUAL TO THE TIME THAT THE HEALTH SPA IS RENDERED UNUSABLE.

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

TERMS AND CONDITIONS

MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled to use the facility only and MEMBER shall be required to provide MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.

MEMBER must present upon entering the club his/her membership card. MEMBER agrees that MEMBER may be denied access to the club without his/her membership card.

MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’S responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.

If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the club.

MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. Of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.

MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activities MEMBER’s membership shall be subject to immediate cancellation.

MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.

MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall MEMBER molest, badger, assault or harass other CLUB Members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.

MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.

MEMBER agrees that if MEMBER fails to use the club facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.

Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.

The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.

This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

MEMBER agrees to abide by all rules and regulations of the Gym, as outlined in the Gym’s membership policy.

If MEMBER wishes to cancel their 12-month gym agreement before the 12 months are over, they will be charged an early cancellation fee of $240.

If MEMBER does not show up for consecutive months without notifying the gym, the gym reserves the right to terminate the membership.

The Gym reserves the right to terminate this agreement if the member violates any of the rules or regulations outlined in the Gym’s membership policy.

The Gym also reserves the right to make changes to the membership fee or to the facilities and equipment available to members.

The MEMBER agrees that the Gym will not be held liable for any injuries or damages incurred while using the gym’s facilities or equipment.

The MEMBER agrees that the Gym will not be held liable for any lost or stolen personal property while the client is using the gym’s facilities or equipment.

The MEMBER agrees to release the Gym from any and all liability arising from the use of the gym’s facilities or equipment.

MEMBERS are required to provide a minimum of 30 days’ notice before canceling their membership. The 30-day notice period begins on the date the cancellation notice is received by Fort Worth Barbell. Members will be responsible for any membership dues incurred during the 30-day notice period. No pro-rata refunds will be issued for partial months.

Two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third-party payment processor, which is currently ABC Fitness Solutions, LLC.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN Consent.

Certain laws and regulations may require Barbell Fort Worth and/or ABC Fitness Solutions, LLC, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Barbell Fort Worth and/or ABC Fitness Solutions, LLC, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Barbell Fort Worth and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Barbell Fort Worth and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically.

Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Barbell Fort Worth and/or ABC Fitness Solutions, LLC, and to promptly notify Barbell Fort Worth and/or ABC Fitness Solutions, LLC, of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Barbell Fort Worth and/or ABC Fitness Solutions, LLC.

To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have:

1. a computer, mobile device, tablet or smartphone,
2. a version of internet browser software that is up-to-date and supported by Member’s electronic device,
3. an internet connection,
4. software that is capable of accurately reading and displaying electronic PDF files,
5. a computer or electronic device operating system capable of supporting the items above, and
6. a printer or electronic storage device if Member desires to print any electronic Documents.

Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Barbell Fort Worth and/or ABC Fitness Solutions, LLC, will notify Member following such material modification.

By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Barbell Fort Worth and/or ABC Fitness Solutions, LLC.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT:

1-888-827-9262 • abcfitness.com

Outstanding balances or 3 or more months, the account will be delinquent as bad debt.

Biometric Technologies.

The terms “biometric identifier” and “biometric information” as used in this paragraph are intended to have the same definitions as provided in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. Barbell Fort Worth and ABC Fitness Solutions, LLC utilize biometric identifiers and biometric information, including fingerprint scans, member or facial recognition, or other biometric identifiers and biometric information. Barbell Fort Worth and ABC Fitness Solutions, LLC collect, store, receive, obtain, and/or use biometric identifiers and biometric information only for the specific purposes of tracking group fitness class popularity, class participation, and club and/or class attendance or access.

Barbell Fort Worth and ABC Fitness Solutions, LLC will retain your biometric identifiers and information until such time when the initial purpose for collecting or obtaining such biometric identifiers or biometric information has been satisfied (such as if Barbell Fort Worth ceases the use of biometric identifiers or biometric information as described in this paragraph), or within three (3) years of your last interaction with Barbell Fort Worth, whichever occurs first. Barbell Fort Worth and ABC Fitness Solutions, LLC use appropriate information security safeguards designed to protect biometric identifiers and biometric information when it is being collected, stored, and transmitted. These safeguards include firewalls, physical and digital security measures, encryption, identity and access restrictions, authentication and authorization controls, system and event logging, and file backup.

The technology that Barbell Fort Worth uses to collect and capture the biometric identifiers provides encrypted information based on the biometric identifier to ABC Fitness Solutions, LLC, but the biometric identifier itself (such as a fingerprint or a facial scan) is not transmitted to ABC Fitness Solutions, LLC, nor is the biometric identifier capable of being obtained or recreated based on the encrypted information transmitted from Barbell Fort Worth to ABC Fitness Solutions, LLC. Barbell Fort Worth and ABC Fitness Solutions, LLC only have access to encrypted biometric information as required to fulfill the specific purposes identified above in this paragraph.

Barbell Fort Worth and ABC Fitness Solutions, LLC will not disclose or disseminate any biometric identifier or biometric information to any third party, unless it obtains your written consent to such disclosure or dissemination or as required or authorized by law. By providing your contact information and signing this Agreement, you give your prior express written consent to Barbell Fort Worth and ABC Fitness Solutions, LLC to the use of these biometric identifiers, biometric information, and related technologies, as described in this paragraph. Your consent to the use of these biometric identifiers, biometric information, and related technologies is not a condition of purchasing any goods and services, nor is it a condition to maintain this Agreement in good standing. You can choose to opt out of Barbell Fort Worth’s and ABC Fitness Solutions, LLC’s use of these biometric identifiers, biometric information, and related technologies in connection with this Agreement by contacting Barbell Fort Worth in writing at:

955 North Sylvania Ave, Fort Worth, TX 76111

or

FORTWORTHBARBELL@YAHOO.COM

or by seeing a team member at the front desk.

Contact.

Member affirms, acknowledges and attests that Member’s mailing address, telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Barbell Fort Worth and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to Barbell Fort Worth and/or ABC Fitness Solutions, LLC, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

Arbitration.

Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your club location and state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN Consent.

Certain laws and regulations may require Barbell Fort Worth and/or ABC Fitness Solutions, LLC, to provide Member with written notices and disclosures on paper. With Member’s consent, this information may be provided to Member electronically. Member’s consent hereto shall apply to each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Barbell Fort Worth and/or ABC Fitness Solutions, LLC, may provide Member.

Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting Barbell Fort Worth and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Barbell Fort Worth and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electronically.

Member acknowledges that withdrawing consent may result in additional fees for Member’s receipt of the Documents. Member agrees to maintain a valid email address with Barbell Fort Worth and/or ABC Fitness Solutions, LLC, and to promptly notify Barbell Fort Worth and/or ABC Fitness Solutions, LLC, of any changes to Member’s email address. If Member has provided another type of electronic contact information, such as a phone number, then Member may change that contact information by contacting the customer service department of Barbell Fort Worth and/or ABC Fitness Solutions, LLC.

To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have:

1. a computer, mobile device, tablet or smartphone,
2. a version of internet browser software that is up-to-date and supported by Member’s electronic device,
3. an internet connection,
4. software that is capable of accurately reading and displaying electronic PDF files,
5. a computer or electronic device operating system capable of supporting the items above, and
6. a printer or electronic storage device if Member desires to print any electronic Documents.

Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then Barbell Fort Worth and/or ABC Fitness Solutions, LLC, will notify Member following such material modification.

By accepting the terms of this Agreement, Member does hereby agree to the terms and conditions of this paragraph and consents to the same. Member does also confirm that Member has the software and hardware described above, that Member has the means necessary to access, view and receive the Documents electronically, and that Member has provided a valid and active email address to Barbell Fort Worth and/or ABC Fitness Solutions, LLC.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT:

1-888-827-9262 • abcfitness.com