Terms of the Agreement

 

1. 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.

2. 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.

3. 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.

4. 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. 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 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.

5. Member agrees that he/she shall not engage in any type of commercial or business activity that is in direct competition with Athens Athletic Club 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.

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

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

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

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase.

If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

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 Athens Athletic Club 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 Athens Athletic Club 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.

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

ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.

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.