Terms & Conditions

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:
1. 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.
2. 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
3. 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.
4. 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.
5. The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
6. If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement. 7. 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. 8. 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.
9. This preauthorization payment arrangement shall apply to the Applicant(s) listed:
1. Fitworks is open 24 hours a day but will not be staffed 24 hours a day. Since Fitworks offers its Members access 24 hours a day, the Member agrees they are responsible for safely entering and leaving the facility at all times. Member agrees that Fitworks does not herein warrant or guarantee Member’s safety for any pe- riod of time that Member elects to visit Fitworks. Member agrees to use barcode system for only themselves in order to enter Fitworks. Use of barcode system by someone other than Member will result in fines associated to Fitworks walk in fees assessed to account and/or loss of membership.
2. All information and material of a personal or private nature that is acquired directly or indirectly from a buyer including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by the seller to the buyer by regular mail within thirty days after the expiration of the contract or after the expiration for any reason of the service to be rendered by the seller.
3. Performance of the contract will begin no later than one hundred eighty days from the date the contract is entered into.
4. CANCELLATION POLICIES:
A.RELOCATION OF MEMBER: You may cancel this Agreement if you relo- cate twenty five miles or more from the Club or a substantially similar facility that will honor the Club’s obligation under this Agreement and give a written notice that you intend to relocate and request that this Agreement be termi- nated. In all cases, for the relocating Member, this Agreement shall be pro- portionally divided by all the days in which the facility was made available to the Member as part of the Agreement offering and Member shall be liable only for that portion of this Agreement that can be attributed to the period prior to the relocation, exclusive of any period of time in which the facility was made available to you free of charge as part of the contract offering. Any prepaid amount in excess of the proportional amount shall be refunded to you. You agree to provide any two of the following as proof of relocation: A current and valid lease, a bank statement or credit card bill, a utility bill, or a yellow change of address label provided by the post office.
B.RELOCATION OF THE CLUB: If Fitworks relocates the Club that you joined twenty-five miles or more from your residence or closes the Club and a substantially similar Club that would accept Fitwork’s obligation under this Agreement is not located within twenty-five miles of your residence, this Agreement shall be proportionally divided by all the days in which the Club was made available to you as part of the contract offering. You shall be liable for payments for only that portion of this Agreement that can be attributed to the period prior to our actual relocation or closing of the Club, exclusive of any period of time in which the Club was made available to you free of charge as part of the contract offering. We shall return to you the amount paid in excess of the proportional amount earned by the Club. The refund will be paid to you within 30 days of receipt of notice from Member.
C.DEATH OR DISABILITY OF MEMBER: If by reason of death or disability you are unable to receive benefits from the Club’s service, the Agreement shall be proportionally divided by all the days in which the Club was made available to you as part of this Agreement. You shall be liable for payments only for that portion of this Agreement that can be attributed to the period prior to the actual death or disability, exclusive of any period of time in which the facility was made available free of charges as part of the Agreement offering. With respect to a disability, Member agrees to provide a letter from a doctor stating diagnosis, prognosis, date of onset, and a specific duration of disabil- ity as proof of the disability. We shall return to you or your representative the amount paid in excess of the proportional amount earned by the Club. Upon the occurrence of a disability, cancellation will be effective upon the Club’s receipt of notice and doctor’s letter. The refund will be paid to you within 30 days of receipt of notice.
D.CANCELLATION OF ANCILLARY SERVICES. Fitworks provides cer- tain ancillary services to its Members for additional fees, which are payable monthly in advance, by its Members. The ancillary services include, without limitation, tanning, play land, and any other additional ancillary services added to this Agreement from time to time. You may enroll in any of these anci lary services in accordance with page 1 of this Agreement, for the term set forth on page 1 of this Agreement and at the prices set by Fitworks from time to time. Fitworks reserves the right to change the prices for the ancillary services without notice to its Members. You may add ancillary services to your mem- bership at anytime in accordance with Fitworks policies in effect from time to
time. You may not cancel an ancillary service during the term of such service unless such cancellation is agreed to in writing by Fitworks. No cancellation of an ancillary service will result in the cancellation of any other ancillary service or your membership.
ADDITIONAL TERMS AND CONDITIONS
1. Fitworks 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. Member agrees and understands that there are risks associated with the use of the facilities and Member further agrees and understands that Member is assum- ing the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, Member agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the Member’s use of the facilities includ- ing but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes.
2. The Fitworks facility (the “Club”) reserves the right to change facilities, hours, staffed hours, class schedules and equipment. Fitworks reserves the right to charge a fee for certain services that may or may not be part of your current membership agreement. Such change will not justify cancellation of your membership or refund of any monies.
3. Member understands that failure to use facilities does NOT justify cancellation of your membership and/or refund of your enrollment fees, processing fees, or dues as long as facilities are available.
4. Depending on what facility you are a member, you will be provided with a member- ship card and/or electronic card via Fitworks App. Member understands that the card, electronic card via Fitworks App or photo identification must be presented on each visit by you and any Child subject to this Agreement. Fitworks holds the right to a $1.00 replacement charge for any lost card.
5. VIOLATION OF RULES AND REGULATIONS: If you violate any of the rules and regulations as posted in the Club from time to time, the Club may cancel/suspend your membership and your individual right to use Club facilities or to obtain the services of the Club. We also reserve the right to revoke any membership at our discretion. In all cases, the terminated Member shall continue to be liable for the payment of that portion of the membership that can be attributed to the period prior to the cancellation of the membership, exclusive of any period of time in which the Club was made available free of charge as part of the contract offering. We shall return the amount paid in excess of the proportional amount. Upon cancellation, Member must promptly return the Membership card or cards, as the case may be. 6. Member understands that if monthly dues or any unpaid balance is not paid when due, Fitworks, or a collection company designated by Fitworks, may accelerate the remaining balance under this Agreement. Member shall also be responsible to pay all club attorney’s fees and costs for collection or enforcement of all matters pertaining to this Agreement.
7. FREEZE TIME: Your membership can be frozen if you have a “temporary medical disability” or “temporary out of town work assignment”. In either instance, proper documentation is required. Freezing your membership “DOES NOT❞ stop your monthly payment. Any approved freeze time will be added at the end of your membership before your automatic renewal period begins. The maximum freeze time is three (3) months per year, not to exceed (6) months for (2) years. 8. EARLY TERMINATION FEE: Member may cancel their Membership during their contractual term by paying the greater of a $75 fee or by paying half of the remain- ing balance of their contractual term. Contract must be current for early termination fee to apply.
9. REFUNDS: A membership cancellation that is granted according to the terms of this Agreement entitles you to a refund only if you have prepaid your monthly dues. The enrollment fee and/or processing fee that may have been paid at the time of enrollment are nonrefundable. A refund for paid in full membership dues is calculated on a prorated basis over the original membership term, which does not include any free membership time that may have been received. Refund payments are issued up to 30 days following the approval date of a membership cancellation. 10. EXERCISE ATTIRE: For your safety and the safety of all Fitworks members and guests, proper exercise attire and footwear must be worn at all times. 11. DIVORCE OF MEMBERS (FAMILY MEMBERSHIPS ONLY). If Members are divorced and monthly membership fees are paid by EFT or with credit card, this information must be kept current with the Club. Changes in account numbers or credit cards require a 15-day lead time for the change to be made.
12. PERSONAL PROPERTY AND VALUABLES: Please do not bring valuables into the Club. Member agrees that Fitworks will not be liable for the loss or theft of, or damage to, Member’s personal property or the property of guests.
13. ASSIGNMENT OF AGREEMENT: A finance company may be assigned Fitwork’s right to receive payment from you. You will be notified of any such transfer. Ad- ditionally, Fitworks may transfer or assign this Agreement to any successor in interest, including any entity that purchases all or substantially all of the assets of Fitworks or obtains voting control of Fitworks. However, Member may not sell, assign, or transfer a membership unless expressly permitted in writing under your specific membership plan.
14. Member agrees that Member shall not engage in any type of commercial or busi- ness 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 without refund of membership fees.
15. 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 member- ship shall be subject to immediate cancellation without refund of membership fees. 16. 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.

WAIVER AND CLAIMS: You expressly agree that all risk at the club including equip- ment and services, is undertaken by you at your sole risk. You further agree that the club, its employees, agents, or officers are not liable for any damages or injuries to yourself or your property. You agree that the club, its employees, agents, or officers are not subject to any claims or damages resulting from acts of passive or active negligence on the part of the club, its employees, agents, or officers. You also agree that the club is not responsible or liable for articles that are damaged, lost or stolen in or about the premises of the club. This agreement constitutes the entire agreement between you and the club. This agreement may only be amended or altered in writ- ing, signed by both parties.
You acknowledge that you have read and understood the terms and conditions of this agreement, and that you agree to be bound by such terms and conditions.
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 FitWorks 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, cel- lular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to FitWorks 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 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 Agree- ment, 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 FitWorks 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 elec- tronically. 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 FitWorks and/or ABC Fitness Solutions, LLC, may provide Mem- ber. 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 FitWorks and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notify- ing the customer service department of FitWorks and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive the Documents electroni- cally. 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 FitWorks and/or ABC Fitness Solutions, LLC, and to promptly notify FitWorks 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 cus- tomer service department of FitWorks and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) a version of internet browser software that is up-to-date and supported by Member’s electronic device, (iii) an internet connection, (iv) software that is capable of accurately read- ing and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that it may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones. In the event the required software or hardware is modified in such a way that would create a material risk to Member to access the Documents electronically, then FitWorks 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 FitWorks and/or ABC Fitness Solutions, LLC.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT:
1-888-827-9262
www.abcfitness.com