Terms and Conditions

ABC FITNESS: REQUEST FOR PREAUTHORIZED PAYMENT I/We hereby request the privilege of paying to the club (the “Club”) and/or the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), and further authorize the Club and Service Provider 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 of: Subject to the following conditions: By signing below, you authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or incur. Debits shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If a billing date falls on a weekend or holiday, it may be processed on the next business day. If any attempted charge is returned unpaid, additional attempts may be made and unpaid amounts may be added to future billing. Fees may be assessed for returned or late payments. In the event of a billing error, a one-time credit or debit may be initiated to correct the error. Transactions appearing on your bank or card statement shall serve as receipts for payment. If you have provided a check as payment, you authorize the Club and Service Provider to use the information on the check to process payments electronically or as a check transaction. Funds may be withdrawn from your account as soon as the date of processing. You acknowledge that debits may vary in amount depending on services used and purchases made. Notice of a varying amount will only be provided if the amount exceeds the average by more than $50.00. By executing this authorization, you acknowledge that disclosures required by the Electronic Funds Transfer Act and its regulations are available for review. The preauthorized payment arrangement may be revoked by the Club and/or Service Provider if any payment is not honored upon presentation. Revocation of this payment authorization does not release you from your obligations under the Membership Agreement. You authorize the Club and its agents, affiliates, and vendors to store the account or card information you provide for future billing under this authorization and the Membership Agreement, including any renewals. You agree to notify the Club promptly of any changes to your payment information or account status and to provide an alternative method of payment if necessary. This authorization to store payment information will remain in effect for the term of the Membership Agreement, including any renewals, unless expressly revoked. Revocation is subject to the cancellation policies in the Membership Agreement, and you remain responsible for all amounts owed. This preauthorized payment arrangement applies to the Applicant(s) listed. 1. DISCLAIMER OF LIABILITY. Club 24 Health and Fitness urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Club 24 Health and Fitness, its officers, agents, employees, instructors or assigns. 2. RULES AND REGULATIONS. MEMBER AGREES TO FOLLOW CLUB RULES AS PROMULGATED FROM TIME TO TIME. Violation of these rules may be the cause for suspension or cancellation of membership. 3. SEVERABILITY. If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect. 4. NOTICE. 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. 5 JURISDICTION. To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Connecticut and to the application of Connecticut law. 6. ENTIRE AGREEMENT. The Member and Club 24 Health and Fitness acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in writing from executed by both parties. 7. CANCELLABILITY AND TRANSFERABILITY. This membership is not negotiable, transferable or cancellable except as otherwise provided herein. This Agreement will bind and inure to the benefit of Club 24 Health and Fitness’ permitted successors and assigns. 8. BUYER’S RIGHT TO CANCEL: If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below or by sending an email to club24contactus@gmail.com . The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the health club may request the return of all contracts, membership cards and other documents of evidence of membership. The notice must be delivered or mailed to: the indicated address. You may also cancel this contract if you relocate your residence further than twenty-five miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller. This contract may also be canceled if you die, or if the health club ceases operation at the location where you entered into this contract. If you become disabled, you shall have the option of (1) being relieved of liability for payment on that portion of the contract term for which you are disabled, or (2) extending the duration of the original contract at no cost to you for a period equal to the duration of the disability. You must provide such disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of disability sent to the health club. The health club may require that you be examined by another physician agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received. Any payments made prior to cancellation taking effect will still be due and payable. Your account must be current before any cancellation will take effect. To cancel for any of the above reasons, email, deliver, or send a written notice to the CLUB at the indicated address or to the Designated Billing Company. NOTICE OF GUARANTY FUND The Connecticut Health Club Guaranty Fund is administered by the Department of Consumer Protection to protect consumers who have a health club contract with a club that closes down or moves. If a health club is no longer operating at the location where you entered into the contract, you may be eligible for reimbursement through the fund. For further information or to apply to the fund, please visit https://portal.ct.gov/dcp or contact the department by phone at 860-713-6100. 9. NOTICES. Except as otherwise provided herein, all notices to the center shall be sent certified or registered mail to: Club 24 at the indicated address. 10. DURATION. The contract shall not exceed 24 months. 11. COMPLETE LIST OF MEMBERSHIPS AVAILABLE AND PRICES: • 1 Day $20 • 1 Month $59 • 6 Month $299 • 1 Year $459 • $99 Enrollment Fee and $29.95 per Month 12. LIST OF EQUIPMENT AND SERVICES. • 14 treadmills • 10 cross trainers • 6 stationary bikes • 14 selectorized pieces • 10 free weight pieces • assorted dumbbells, weights, and bars 13. TERMINATION. The club reserves the right to terminate membership. 14. MEMBERSHIP FREEZE. Medical and Flex Freeze. 15. LOCKERS. Lockers are for daily use only. Club is not responsible for contents. 16. WAIVER AND RELEASE. Member assumes all risks of physical activity and releases the Club from liability. 17. CONTACT. Member affirms contact information is accurate. 18. ARBITRATION. All disputes shall be resolved by binding arbitration. MEMBER WAIVES RIGHT TO JURY TRIAL AND CLASS ACTION. 19. E-SIGN CONSENT. Member consents to receive documents electronically and acknowledges technical requirements. FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER: ABC FITNESS SOLUTIONS 1-888-827-9262 ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.