Terms and Conditions - Balance Gym

TERMS AND CONDITIONS

Membership Freezes; Club Closures: Members may freeze their memberships (temporarily suspending usage privileges and dues payment obligations) for up to three (3) months for any reason. If a member becomes disabled during the membership term for more than three (3) months (and such disability is confirmed by a physician), the member may extend the membership contract for a period equal to the duration of the disability. All freeze requests must be emailed to billing@balancegym.com at least seven (7) days before the next billing cycle. Freeze periods do not constitute final thirty (30) days if a member cancels before the end of the agreed-upon term; a 30 day 1 active billing cycle is required in order to cancel a membership. A one-time administrative fee of twenty-five dollars ($25.00) will be assessed when the freeze is requested. All memberships will automatically restart billing upon conclusion of the requested freeze period.

If the club is closed for more than one (1) month, the club may freeze memberships and add the lost time once services resume, or transfer the membership to another similar health club facility within five (5) driving miles of the club. The choice of remedy is made by the club if the club is at no fault for the interruption of service; if the club is at fault, the choice is made by the member. Except as otherwise required by applicable law, if an act of God (earthquake, pandemic, national emergency etc.), causes the club to close temporarily, the club may provide access to digital or virtual fitness programs or content in lieu of physical access to the Club, in which event the member agrees that (a) such access is available only to members without freezes placed on their accounts, (b) such access is a suitable temporary replacement for in-person access to the club, and (c) the club need not place a freeze or otherwise take any further action with respect to such member’s account (provided, however, that the member may affirmatively place a freeze on the account in accordance with the other provisions of this Agreement). If the club closes temporarily (i.e. for more than one month), it shall within fourteen (14) days from the time of the temporary closing provide notice of the date it expects to reopen, which date shall be within a reasonable period of time from the time the club temporarily closes. Except as otherwise required by law, contractual dues obligations will otherwise not be affected unless the club cannot reopen with one (1) year.

Waiver and Release: The member agrees as follows:

I (including my family members and all guests) agree that if I engage in any physical exercise or activity or use any part of the club premises, I do so at my own risk. This includes, but is not limited to, my use of the locker room, sauna, parking area (if any), sidewalks adjacent to the club, any equipment in the club, and my participation in any activity, class, personal training, or instruction offered through the club, whether indoors or outdoors.

I agree that I am voluntarily participating in these activities and using the club facilities and premises and assume all risk of injury, illness, the club facilities and premises and I assume all risk of injury, illness, damage or loss to me, or my property that might result, including, without limitation, the contraction of any illness or medical condition, or any loss or theft of any personal property. I realize that I am subject to injury from physical activity and that no form of preplanning can remove all dangers to which I am exposing myself. I am physically fit and know of no medical or health reason why I should not participate in exercise, in personal training, or in any other of the activities that take place in or with Balance Gym. I have consulted with a medical professional concerning my contemplated physical exercise regimen, and agree that my use of the facilities will conform with any approved regimen and that I will not engage in activities which exceed (i) the scope of any approved regimen, or (ii) any limitations imposed upon such regimen by my medical professional.

On behalf of myself and my guests, I shall indemnify and hold the club and its employees, officers, trainers, owners and volunteers harmless from any loss, theft, cost, claim, injury, damage or liability, Including costs and attorney’s fees, as a result of my club use and membership activities (or as a result of my guest’s club use and membership activities).

I, my family members, and all guests (including personal representatives, heirs, executors, administrators, agents and assigns of each) hereby waive all claims, demands, and causes of action against Balance Gym (and its affiliates, employees, agents, representatives, successors, and assigns) regardless of whether the injury (including death) or loss was caused by the negligence of Balance Gym (and its affiliates, employees, agents, representatives, successors, and assigns).

I, my family members, and all guests (including personal representatives, heirs, executors, administrators, agents and assigns of each) further agree that if, despite this Waiver and Release, I or anyone on my behalf, makes a claim for any injury (including death) or loss to me, my family members, and all guests, I will indemnify, defend, and hold harmless Balance Gym (and its affiliates, employees, agents, representatives, successors, and assigns) from any such claim or law suit (known or unknown) occurring anywhere on the club premises; arising through the use of the club premises, its facilities and equipment; and/or through the participation in any activity, class, personal training, or instruction offered through the club whether indoors or outdoors. This includes reimbursing Balance Gym (and its affiliates, employees, agents, representatives, successors, and assigns) for all costs, expenses and attorney’s fees incurred to defend any such claim or lawsuit. In addition, I shall be responsible for any property damage or personal injury caused by me and/or any of my guests.

Miscellaneous:
The member hereby gives to the club and its affiliates, agents, and management personnel (collectively, “Balance Gym”) ”) the irrevocable and unrestricted right to use and reproduce member’s image, likeness, and sound of member’s voice as recorded on audio or videotape, whether alone or with others (“Likeness”) for the purpose of publication, promotion, illustration, advertising, trade, and other commercial purposes in any manner or in any medium, without payment or any other consideration. Member agrees that member’s Likeness may be edited, copied, exhibited, published and/or distributed and member waives the right to inspect or approve the finished product wherein member’s Likeness appears. Additionally, member waives any right to royalties or other compensation arising out of or related to the use of member’s Likeness.
The member hereby certifies that he or she is over 18 years of age. If he/she is not over 18 years of age, the member’s parent or legal guardian has read and signed this Waiver and Release. The member acknowledges that he or she has carefully read this Waiver and Release and fully understands that it is a waiver and release of liability to full extent permitted by applicable law. The member agrees that member is entering into this agreement of the member’s own free will. The member also understands that this contract is severable; in other words, if any part of it is held by a court of law to be unenforceable, the rest of it shall remain enforceable and in effect to the fullest extent permitted by law.

iii. This Agreement constitutes the entire and exclusive agreement between the parties. Any representations pertaining to the Agreement that are not written in this Agreement are invalid, unless otherwise dictated in the club’s Rules and Regulations. This Agreement may be modified only in writing signed by the member and an authorized representative of the club. Employees of the club are not authorized to make modifications to this Agreement unless these changes are approved in writing by two (2) members of club management.

As used in this Agreement, the terms “club,” “club facilities,” and similar terms shall mean, as applicable, both the facility stated on the first page of this Agreement and any other facilities to which the member is granted access as part of the member’s membership.
I understand if I have an unpaid balance to Balance Gym (and its affiliates, employees, agents, representatives, successors, and assigns) and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable collection

and attorney’s fees incurred during collection efforts. In order for the Company or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Balance Gym and the designated external collection agency are authorized to

(i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and

(iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Furthermore, I consent to the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification.

The club utilizes an electronic database and portal (the “Member Portal”) to manage its relationship with members, including but not limited to providing copies of agreements and rules and regulations (as the same may be amended from time to time), to allow members to schedule class attendance, and to manage member contact and billing information. By executing this Agreement, the undersigned member agrees that all future notifications from the club will be managed through the Member Portal, and the member consents to receiving all future notifications through the Member Portal. Further, the member agrees to promptly create a user account on the portal following execution of this Agreement, and to ensure that all contact information and billing information that appears on the Member Portal for such member remains current through the term of the member’s membership. It is the responsibility of the member to ensure the accuracy of the member’s personal and billing information on the Member Portal, and the member acknowledges that the club may rely for all purposes on the information contained in the Member Portal with respect to such member. The member agrees to hold the club harmless from any claims, losses, or adverse consequences as a result of its reliance on the information contained in the Member Portal.

This Agreement shall be automatically terminated if the club closes permanently and the health club does not provide a comparable alternative facility located within five (5) driving miles of the club. In addition to the notification requirements set forth above, all cancellation or billing requests MUST BE EMAILED TO billing@balancegym.com, and all subsequent documentation must be completed in order to finalize your cancellation. Except as otherwise explicitly set forth in this Agreement, all members must pre-pay their final billing cycle and must pay in full any unpaid dues or indebtedness incurred prior to the cancellation date. To cancel a month

to-month membership, the member must deliver such notice less than three (3) business days prior to his or her billing date (indicated above) to avoid being charged an additional month’s dues. To cancel an annual membership prior to completing the initial term (12 monthly payments), the member must provide such notice no less than three (3) business days prior to his or her billing date (indicated above) to avoid being charged an additional month’s dues; pay an administrative fee of $99.00; and forfeit his or her final month prepayment, unless due to death, injury, or change in residence. If cancelling due to death, injury, or change in residence, the member must provide documentation to club and pay a $25.00 administrative fee. Any refund due to you shall be paid within fifteen (15) days of the effective date of cancellation. Upon cancellation, the member must relinquish his or her membership card.

Cross-Fit Members: Members who have elected Crossfit participation as part of their memberships (“Crossfit Members”) are generally billed in arrears for their monthly membership dues. A Crossfit Member wishing to cancel his or her Cross Fit membership must, in addition to the other cancellation provisions contained in this Agreement, provide at least thirty (30) days’ notice of cancellation to the club. Except as prohibited by applicable law, Crossfit Members will be charged up-front at the time of notice of cancellation for the final billing period following notice of cancellation (i.e. the date between the notice of cancellation and the effective date of cancellation), pro-rated for any partial month. In addition, Crossfit Members terminating their memberships, as opposed to downgrading to general club memberships, during any initial or promotional commitment period (e.g. the first year of their Crossfit memberships, or during long-term membership periods entered into in connection with any club promotional offer) shall pay a termination fee equal to thirty percent (30%) of the payments which would otherwise become due during the remainder of such commitment period, up to a maximum of $225; provided, however, that this sentence shall not apply (a) where it would be in contravention of applicable law, or (b) to members who cancel due to death, illness, injury, or a change in residence to a location more than three (3) miles from the club’s facilities and who provide proof of the same acceptable to the club.

MEMBERSHIP
Form of Payment. Monthly dues are payable by EFT from the member’s credit card account or debit card account. Members authorize payments to be made through a third-party-administered EFT system. Members maintain full control and privacy over their accounts at all times, and the transfer of funds affects only those fees that have prior authorization. The transfer will take place automatically once every month unless the club notifies the member otherwise. If the club does not collect member’s monthly dues using the primary form of payment provided by the member, then it will collect past monthly dues, plus any applicable fees, using a secondary method of payment of either cash or a personal check.
Transfer of Membership. The transfer of memberships is not permitted. C. Change of Membership Type. Member may change membership types only with the prior approval of the club by emailing billing@balancegym.com. D. Proof of Membership. Members must present their own valid membership cards to the reception desk personnel upon entering the club. Lost membership cards will be replaced for a fee of ten dollars ($10.00), which may be adjusted from time to time. Members are required to notify the club immediately of the loss of their card, and the card must be replaced. Membership privileges are limited to the person in whose name a card is issued. Members must be willing to have a photo taken that will be safely stored in order to verify membership. Improper use of the membership will result in confiscation of the membership card and can result in immediate cancellation of membership. Members wishing to use the club’s facilities without their membership card will be required to provide proof of Identity.
Change in Membership Information. Members must promptly notify the club in writing of any changes in their billing information, address, email, or telephone number. Failing such notice, all communications shall be presumed to have been received by the member within five (5) days after mailing or within one (1) day after emailed or sent by other authorized electronic communication.
Member Complaints. All members should attempt to resolve any complaints that the member may have with the club. District of Columbia clubs are regulated by the D.C. Department of Consumer and Regulatory Affairs; Maryland clubs are regulated by the MD Consumer Protection Division of the Office of the Attorney General; and Virginia clubs are regulated by the VA Department of Agriculture and Consumer Services pursuant to the Virginia Health Club Act.
This Agreement shall be automatically terminated if the club closes permanently and the health club does not provide a comparable alternative facility located within five (5) driving miles of the club. In addition to the notification requirements set forth above, all cancellation or billing requests MUST BE EMAILED TO billing@balancegym.com,and all subsequent documentation must be completed in order to finalize your cancellation. All members must pre-pay their final billing cycle and must pay in full any unpaid dues or indebtedness incurred prior to the cancellation date. To cancel a month-to month membership, the member must deliver such notice less than three (3) business days prior to his or her billing date (indicated above) to avoid being charged an additional month’s dues. To cancel an annual membership prior to completing the initial term (12 monthly payments), the member must provide such notice no less than three (3) business days prior to his or her billing date (indicated above) to avoid being charged an additional month’s dues; pay an administrative fee of $149.00; and forfeit his or her final month prepayment, unless due to death, injury, or change in residence. If cancelling due to death, injury, or change in residence, the member must provide documentation to club and pay a $25.00 administrative fee. Any refund due to you shall be paid within fifteen (15) days of the effective date of cancellation. Upon cancellation, the member must relinquish his or her membership card.
MEMBER RISK AND CONDUCT
Medical Recommendation. Physical examinations are recommended for all members before commencing any exercise program, and especially for members who are at risk, including but not limited to elderly or pregnant members, or members unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses. Before beginning any fitness program, it is recommended that each member receive the approval of his or her doctor. Members over thirty-five (35) years of age, or having any coronary risk factors, should have a full cardiovascular stress test administered by a medical physician prior to engaging in any exercise routine. Members shall not use the club’s facilities in such a way as to endanger their health or safety or the health or safety of others.
Medical Disclaimer. Each member has been informed and acknowledges that the club makes no claims as to medical results that may be obtained through the use of its facilities .The club does not suggest , and has not suggested , any medical treatment to members. Only licensed professionals are qualified to give medical advice. Members are advised not to act on the advice of any unlicensed professional, including employees, until such advice has been verified by a licensed professional. Each member/guest represents that there are no medical or physical conditions that would prevent such member/guest from using all or any of the club’s exercise facilities, and each member/guest represents that he/she has not been instructed by any physician not to use the club or any similar facility.
Loss of Property; Lockers. Members are advised not to bring valuables onto club premises and to keep valuables with them at all times. A limited number of lockers are provided for the benefit and convenience of members. The club shall not be liable for the loss of any personal property, including money, negotiable securities, or jewelry of members or guests, whether in a locker or otherwise. The club will remove any articles left in a locker overnight. Members must provide their own lock, if applicable, and are advised not to leave valuables in their locker. A limited number of permanent lockers may be rented for a fee. If locker rentals are not renewed, members will be notified by e-mail and by notice on their locker of the termination of the rental. The club may dispose of any contents after thirty (30) days without liability to the member.
Members and Guests Rules. All members and guests shall abide by the club’s Rules and Regulations and any amendments and/or modifications thereto.
Member Guests. All guests must register at the front desk and sign a liability waiver prior to using the club’s facilities. There will be a fee for each guest that will vary from time to time at the sole discretion of the club. Guests are permitted in the club, but only pursuant to the Rules and Regulations and fee schedules for such guests. The club reserves the right to limit the number of times any one guest can use the club and reserves the right to exclude any guest whose use of the club, in the sole opinion of the club, would be detrimental to the club or any of its members. Guests cannot participate in any club activity or use any equipment if such use would endanger the guest, or any other person in the club. Members may not invite as guests any personal trainers who are not contracted with Balance Gym, nor may members engage in personal training services in club facilities with any provider who is a non Balance Gym personal trainer.
Personal photography and recording of video is allowed in public areas of the club only. You must have consent to photograph or film any other member, guest, or Balance Gym employee or contractor. No photography or cameras of any kind are allowed in any locker room, restroom, sauna or steam room, pool, or other private area of the club. All communication via phones in the club areas including the training floor, studios and locker rooms are for emergency purposes only and must be kept to a minimum. We reserve the right to terminate any members’ access if we believe they are abusing this policy.

III. OTHER CLUB POLICIES

Passport Program. The club is part of a larger enterprise of affiliated clubs doing business under the name “Balance Gym” in the Washington DC metropolitan Area (“Balance Gym”). Each membership includes access to Balance Gym affiliated clubs included in the Balance Gym family (the “Passport Program”), which may change from time to time in Balance Gym’s sole discretion. A list of current Passport Program clubs is available on the Member Portal. No representation or warranty is made as to the continuing availability of any club in the Passport Program. At the sole discretion of Balance Gym, facilities may be dropped from the Passport Program, or additional facilities may be made available, and members will be notified via updates to the Member Portal.
Change in Facilities and Operating Hours. As a result of repair, renovations, maintenance, holidays, or other special occasions, the club may temporarily close its facilities or activities from time to time. Management will make every effort to minimize any disruption to members during these periods and, if possible, to schedule any work during off-hours or summer months. Clubs hours of operation may be modified from time to time. The club reserves the right to change the club from time to time, to eliminate some facilities and services, or to add others. Subject to applicable law and the provisions of this Agreement, there will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above mentioned occurs. Members may be offered the use of other conveniently located clubs during the period of unavailability.
Special Events. The club may from time to time reserve the use of its facilities for special events, competitions and private functions.
Non-Discrimination. The club will not discriminate against any person because of sex, race, creed, age, color, national origin or ancestry, or sexual orientation in considering applications for membership. The minimum age for club membership is eighteen (18), unless parental permission and club consent is given.
Peak Periods; Preferred Classes. It is to be expected that there may be occasional delays, especially during peak hours, in using fitness equipment or that members may not always be able to attend preferred exercise classes.
Group Exercise Policies. Each class is limited to a set number of participants. Members should not enter a class late or leave a class early without the

instructor’s consent. If a member is just starting a group exercise program or has an injury or problem that may prevent full participation, they should discuss it with the group exercise instructor before class. Proper clothing and footwear must be worn in all group exercise classes. The club reserves the right to change the group exercise schedule at any time. This includes the addition or the deletion of classes, as well as changes in instructors, class times and length of classes. The club reserves the right to change group exercise policies when necessary. The club reserves the right to require advance reservations for heavily attended classes. The club encourages members to reserve a spot in classes online twenty-four (24) hours in advance. All reservations are released two (2) minutes prior to the scheduled class time and members may enter on a walk- in basis as availability permits. Reservations may be cancelled up to fifteen (15) minutes prior to the scheduled class time. Frequent no-shows may result in the loss of reservation privileges.

Personal Training. All personal training within Balance Gym must be contracted with a Balance contractor. Outside trainers must contact management if they wish to train within our exercise spaces. Use of personal trainers not approved by the club is prohibited. Members may not train other members or guests. Personal training packages expire one (1) year from purchase date. Members must give at least twenty-four (24) hours’ notice if they wish to cancel a personal training appointment or they will be charged.
Smoking. Smoking is prohibited at all times in the club.
Pets and Bicycles. Pets and bicycles are not permitted in the club. J. Dress Code. Proper attire is required. Street clothes and dress shoes are not permitted in the fitness area. Athletic shoes are required at all times. Shirts must be worn at all times.
Independent Contractors. The club may make the services of independent contractors available to members and their guests. The club does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available to members or guests for any period of time.
Changing the Rules and Regulations. The club has the right to change its Rules and Regulations at any time. Updates to the Rules and Regulations will be posted on the Member Portal, and it is the responsibility of each member to review the Rules and Regulations on the Member Portal for updates.

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 Balance Gym and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC.

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

E-SIGN CONSENT: Certain laws and regulations may require Balance Gym and/ or its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 the Company, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company, 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 the Company. 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 reading and displaying electronic PDF files, (v) a computer or electronic device operating system capable of supporting the items above, and (vi) a printer or electronic storage device if Member desires to print any electronic Documents. Member acknowledges that 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 the Company, 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 the Company.

By signing below, you agree to the terms of this agreement, and you acknowledge that you have reviewed all terms, including the payment amounts and details. Further, you understand that cancellation of the agreement to stop charges may be submitted through the methods identified in the agreement.

BILLING AUTHORIZATION

I 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:

(1) 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 you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.

(2) If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider 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) You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00. (4) By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: https://abcfitness.com/terms-conditions/. (5) The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider 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) You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.

(8) This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.

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