[locationname]

[locationaddress]
[clubphone]

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.

DATE: [date]

RECURRING DUES
MEMBERSHIP
AGREEMENT

PARTIES TO THE AGREEMENT

CLUB INFORMATION: [irslegalname] d/b/a [locationname] ("[locationname],” “Company,” “we,” “our” or “us”), and its successors and assigns
CLUB OF ENROLLMENT: [locationname] [locationaddress]

MEMBER INFORMATION:
Member Name: [customer] (“Member,” “you” or “your”)          Email: [email]
Address: [customeraddress]
Birth Date: [dob]          Gender: [gendershort]
Home #: [homephone]          Cell #: [cellphone]          Work #: [workphone]

BUYER INFORMATION: (if different from Member; the Buyer is the person paying for services) [buyer] (“Buyer”)

SUMMARY OF TERMS AND ACCOUNT CHARGES

RECURRING DUES MEMBERSHIP BASICS

As a recurring dues member, you are agreeing to pay for your [locationname] membership on a recurring dues basis.
If your recurring dues membership is for a term of one month or less, then you have a month-to-month membership (“M2M”). You may cancel your M2M membership at any time with a 30-day advance written notice.
If your recurring dues membership is for a term greater than one month, then you have a fixed term membership (“Term”). Term memberships are subject to auto-renewal, and, with limited exception (as described below), may not be cancelled during the initial term.
Your recurring dues billing will begin on [firstinstallmentdate] and will continue on the same day each month thereafter until you properly cancel per the terms of this Agreement.
You expressly authorize [locationname], or its third-party billing services provider, to draft your account each month for any dues, fees or other charges.

TERMS OF YOUR RECURRING DUES MEMBERSHIP

Membership to begin on	[agreedate]
Monthly Dues Amount (including taxes)	$[perioddue_inctax]
Recurring Dues Period	30 days
Recurring Dues Term (*subject to auto-renewal)	[termmonths]*
First month’s dues (including taxes)	$[firstinvoiceamtdown_inctax]
Last month’s dues (including taxes)	$[lastinvoiceamtdown_inctax]
Enrollment Fees	[setupfees_inctax]
Club Enhancement Fee (* charged annually on anniversary date of your membership)	$[enhancementfeeamount]
Sales Tax Rate	[salestaxperc]
TOTAL DUE NOW TO START	$[totaldown]

OTHER CHARGES/FEES

Membership Card

1^st card: Free
Replacement cards: $10

Late Charge

$20 per late payment

Returned Item Fee

(bounced check; payment returned for insufficient funds)

$25 per returned item

PAYMENT SCHEDULE

[paymentschedule]

CONSENT TO AUTO-RENEWAL (All references to “I” or “me” in this section shall refer to you)

M2M MEMBER: I understand that my membership will continue to renew monthly until I properly cancel, that proper cancellation requires me to provide [locationname] with a 30-day advance written notice of cancellation, and that I will be expected to pay all dues, fees and charges associated with my account.

TERM MEMBER: I understand that my Agreement is for a fixed initial term and that, unless I provide [locationname] with a written notice of cancellation at least 30 days prior to the end of my initial term, my membership will automatically roll over to a month-to-month agreement cancellable at any time by me with a 30-day advance written notice. Once in auto-renewal, also called ‘Evergreen Status,’ I consent to continue paying [locationname] dues in the amount of $[firstevergreenamt_inctax] per month, subject to all other terms of this Agreement.

Buyer's Acceptance: (electronic signature) [buyer] [signature1] Date [agreedate]

AUTHORIZATION FOR PREAUTHORIZED PAYMENTS (All references to “I” or “me” in this section shall refer to you)

By signing below, I am authorizing ____________________ to initiate transfers, whether by EFT or ACH transfer, from the designated bank account tied to this Agreement for purposes of paying, on a recurring basis, all or a portion of the dues, fees and charges which I owe under the Agreement. I understand and agree that: (a) dues, fees and charges include, but may not be limited to, enrollment fees, membership dues, service charges, late fees, applicable taxes, and/or fees for uncollected monthly dues; (b) ____________________ may transfer funds from my designated account for any retail transactions or online purchases initiated by me; (c) dues, fees and charges will be drawn on or about the dates set forth in the Payment Schedule; (d) this preauthorization will remain in effect until all of my payment obligations under the Agreement have been satisfied; and (e) debited amounts may vary each month based on additional amounts which I may owe under this Agreement, and that while I am entitled to receive notice at least 10 days before being charged, by signing this authorization, I am choosing instead to get notice only when the amount due would differ by more than $50.00 from my most recent payment. I expressly authorize ____________________, and any of its subsidiaries or affiliates, to contact me regarding any matter related to the billing of my account, whether by phone, email or SMS text communication (please note SMS text charges may apply).

Buyer's Acceptance: (electronic signature) [buyer] [signature2] Date [agreedate]

CANCELLATION

RESCISSION. [SAMPLE – NOT REQUIRED] YOU MAY RESCIND THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE DATE YOU SIGNED THE AGREEMENT. ALL RESCISSION NOTICES MUST BE MADE IN WRITING AND DELIVERED IN PERSON OR SENT BY REGISTERED OR CERTIFIED MAIL TO: [locationname] [locationaddress].

CANCELLATION RIGHTS. [SAMPLE – NOT REQUIRED] After expiration of the three-day rescission period, you may cancel this Agreement only if you qualify as follows:
(a) You die or become permanently disabled. If, by reason of death or permanent disability, you are unable to receive all services for which you contracted, then you or your estate may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums. A "permanent disability" means a condition which completely prevents you from using the facilities. [locationname] reserves the right to have your permanent disability verified by a physician. [locationname] shall retain the value for services already provided prior to your death or the onset of permanent disability. [locationname] shall retain the value for services already provided prior to your death or the onset of permanent disability.
(b) You move. If you move more than 25 miles from your original club of enrollment, and [locationname] is unable to transfer your membership to a comparable facility within 25 miles of your new residence, then you may cancel this Agreement without penalty and receive a pro rata refund, where applicable, for any prepaid sums.

TERMINATION OF RECURRING DUES MEMBERSHIP. If you are a M2M member, you may terminate this Agreement at any time by providing [locationname] with a 30-day advance written notice. There is no early termination fee for a M2M membership. If you are a Term member, unless you rescind or cancel your membership as stated in this Agreement, then your membership cannot be cancelled until the expiration of your fixed initial term. To avoid rolling over into auto-renewal, you must provide [locationname] with written notice of cancellation at least 30 days in advance of the expiration of the initial term. If your membership auto-renews, you may cancel at any time without penalty by providing [locationname] with a 30-day advance written notice. Whether you are a M2M or Term member, once [locationname] receives your written notice of cancellation, your membership will remain active until the expiration of your then-current billing cycle.

REFUNDS. If you properly rescind or cancel your membership, [locationname] will “turn off” the EFT/ACH draft on your account and you will not be charged a penalty or early-termination fee. Any refund due, if any, will be paid to you within the time prescribed by state law.

NOTICE. All notices under this Agreement may be delivered in person to the club, or sent via certified mail to [locationname] [locationaddress].

RELEASE OF LIABILITY; ASSUMPTION OF RISK; INDEMNITY

USING THIS FACILITY OWNED BY [irslegalname] D/B/A [locationname], OR ANY OTHER [locationname] FACILITY, INVOLVES THE RISK OF INJURY TO YOU OR YOUR GUEST(S), WHETHER YOU OR SOMEONE ELSE CAUSES IT. SPECIFIC RISKS VARY FROM ONE ACTIVITY TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES TO MAJOR INJURIES, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY [locationname], YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE [irslegalname], AND EACH OF THEIR RESPECTIVE AFFILIATES, AND EACH OF THE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, FRANCHISORS, AGENTS AND INDEPENDENT CONTRACTORS THEREOF (THE “RELEASEES”), FROM ALL LIABILITY FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOU, YOUR SPOUSE, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF [locationname], INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON THE RELEASEES’ BEHALF OR ANYONE USING [locationname] FACILITIES, WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN [locationname] ACTIVITIES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS' FEES, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND [locationname] ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES AT [locationname].

GENERAL PROVISIONS

MEDICAL CONDITIONS. BEFORE USING [locationname]’S SERVICES OR FACILITIES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIRMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD CAUSE INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE [locationname] FACILITY AND SHALL INDEMNIFY [locationname], ITS AFFILIATES, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FACILITIES.

PROOF OF MEMBERSHIP. You will receive one membership card (the "Membership Card") from [locationname] and must present it to the reception desk personnel each time you enter a [locationname] studio. Lost membership cards will be replaced for a fee which may be adjusted from time to time. The card must be replaced if lost. Membership privileges are limited to the person in whose name the membership is issued.

CUSTOMER SERVICE. Any questions about this Agreement or issues with your membership can be directed to a [locationname] manager at [locationname] [locationaddress], or call [clubphone].

CHANGE IN MEMBERSHIP OR BILLING INFORMATION. You must promptly notify [locationname] in writing of any changes in your billing information, address or telephone number. You expressly permit [locationname], or its authorized billing company, to obtain such updated information through payment card networks, card issuers or other third parties.

DRESS CODE. Proper athletic attire is required. [locationname] reserves the right to make the final determination in its sole discretion with regard to appropriate attire.

SMOKING. Smoking (including e-cigarettes, chewing tobacco, vapor pens) is prohibited at all times in all [locationname] facilities.

DEFAULT AND LATE PAYMENTS. Should you default on any payment obligation as called for in this Agreement, [locationname] will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs and attorney fees. A default occurs when any payment due under this Agreement is past due for more than [fill in date for default – 90 days is recommended] days. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN [fill in date for late fees] PAST DUE, YOU WILL BE CHARGED A LATE FEE. Subject to state and federal law.

LOSS OF PROPERTY. You and guests are encouraged not to bring valuables onto the premises of a [locationname] facility. [locationname] shall not be liable for the disappearance, loss, theft, or damage to personal property, including, among other things, money, jewelry, negotiable securities, and other items left by you or your guests.

DESCRIPTION OF SERVICES; HOURS OF ACCESS.
[Provide Description of Services and Hours of Access]

IMAGE USE. You understand that while on [locationname] premises, your, or your minor child's image (including live or recorded video images), may be used or shown on the [locationname] website or social media outlets (Facebook, Instagram, YouTube, etc.), and that by entering the premises you consent to the use of these images.

NON-DISCRIMINATION. [locationname] represents that it will not discriminate against any person because of sex, race, creed, age, color, origin, sexual orientation, or ancestry in considering applications for memberships.

MEMBERSHIP TERMINATION. We reserve the right to terminate your membership for any reason not expressly prohibited by law. In the event of termination, we will notify you in person or send you a written notice of termination to your address on file, and refund you any unused prepaid dues.

DISPUTE RESOLUTION (U.S.). OTHER THAN A CLAIM FOR PERSONAL INJURY, OR A CLAIM BROUGHT IN SMALL CLAIMS COURT, YOU AGREE THAT ANY DISPUTE WITH [locationname], INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE RESOLVED, FIRST, THROUGH INFORMAL DISCUSSIONS WITH [locationname]; THEN, IF UNSUCCESSFUL, BY NON-BINDING MEDIATION. IF A MEDIATOR CANNOT RESOLVE THE DISPUTE, THEN YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND CONSENT TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL DISPUTE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN A LOCATION NEAR YOUR CLUB OF ENROLLMENT. YOU AND [locationname] FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO AGREE NOT TO PARTICPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT IF [locationname] IS A PARTY TO THAT PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION PROVISION, YOU MAY OPT OUT BY SENDING A WRITTEN NOTICE TO [locationname] AT [locationname] [locationaddress] WITHIN 90 DAYS AFTER THE DAY YOU SIGN THIS AGREEMENT. MEDIATION COSTS MUST BE SPLIT EQUALLY. ARBITRATION COSTS WILL BE BORNE BY [locationname] IN AN AMOUNT AS FAIRLY DETERMINED BY THE ARBITRATOR.

ENTIRE AGREEMENT. Verbal agreements with a [locationname] employee will not be accepted as valid. Only this Agreement, and all rules and regulations of [locationname], as revised from time to time, constitute the entire and exclusive agreement between you and [locationname], and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to this membership purchase.

INVALID PROVISIONS. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will be valid and enforceable.

GOVERNING LAW. This Agreement shall be interpreted under the laws of the State in which you execute this Agreement. Any litigation under this Agreement shall be resolved in the courts of the State in which you execute this Agreement.

LIMITED LIABILITY. Unless prohibited by state law, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor an arbitrator can award either party any indirect, special, incidental or consequential damages, even if one party told the other party that they might suffer these damages.

CONSENT TO CONTACT. By signing below, you are giving [locationname] and its authorized vendors consent to contact you by email to the email address as set forth on the face of this Agreement, or by text message or telephone at the number provided for any matter related to your account, including collection of monies owed, alerts and/or notices regarding your purchased services, and promotions that may be of interest to you. You expressly consent to receive autodialed and/or prerecorded messages from or on behalf of [locationname] and its authorized vendors at the phone number provided, including any wireless number, as applicable (standard text rates apply). Your consent is not a condition of purchase.

Buyer's Acceptance: (electronic signature) [buyer] [signature3] Date [agreedate]

COSIGNER (ONLY NEEDED IF MEMBER IS A MINOR OR THERE WILL BE A FINANCIAL CO-SIGNER ON THE ACCOUNT)

PARENT/GUARDIAN. On behalf of my minor child and myself, I agree to all of the provisions of this Agreement, including the provision titled “Release of Liability; Assumption of Risk; Indemnity.” I promise to pay any financial obligation that my minor child does not pay for any reason. I understand that my obligations can only end if the Member/guardian properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.

FINANCIAL COSIGNER. I promise to pay any financial obligation that the Member/Buyer does not pay for any reason. I also agree to indemnify [locationname] to the fullest extent permitted by law for any claim brought against [locationname] by the Member (or Buyer, if different from Member). I understand that my obligations can only end if the Member/Buyer properly terminates this Agreement. I expressly agree to the Authorization for Preauthorized Payments described above.

Cosigner/Parent/Guardian Acceptance: (electronic signature) [buyer] [signature4] Date [agreedate]

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