Terms & Conditions

ABC SOLUTIONS
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, elec- tronic 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 transac- tions 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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 preauthoriza- tion, 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 Agree- ment, 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 pro- vided 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 following Applicant(s):
OTHER AGREEMENT TERMS PARTIES TO THIS AGREEMENT: You and the Club.

BUYER’S RIGHT TO CANCEL
Cancellation During Initial Term: During the initial term this Agreement may only be cancelled if: (1) become deceased, (2) you become totally disabled, or (3) you permanently move your residence more than 15 miles from the Club. Failure to use the Club does not relieve you of your obligation to pay for your membership. You may cancel this Agreement by giving 30-days written notice to the Club and paying a $100 Cancellation/Buy Out Fee.
Death: If cancellation is by reason of death, notice of the member’s death and certified copy of the death certificate must be delivered to the Customer Service Office at the address below.
Disability/Medical: If you are totally disabled, as confirmed by a physician acceptable to both you and the Club, you may cancel this agreement by giving 30-days written notice to the Club.
Relocation: If you permanently move more than 15 miles from the Club you may cancel this Agreement by giving 30-days written notice to the Club and paying a $59 cancellation fee. Your notice must be supported by evidence of your move (current lease or rental agreement, newly issued driver’s license, current utility bill reflecting your name and the new address, military orders, or other evidence acceptable to the Club).
Club Closes: If the Club facilities are permanently closed and comparable facilities owned and operated by the Club are not made available within a ten mile radius of the closed facility.

NOTICE

EFFECTIVE DATE OF CANCELLATION: Your cancellation notice may be sent via certified mail or delivered to the club in person to: Georgia Fitness, 245 Peachtree Industrial Blvd, Sugar Hill, GA 30518, and should include current contact information (address and telephone number), your membership card, all supporting documentation and, if required, the cancellation fee. Your cancellation will be effective thirty (30) days after the next scheduled dues payment following our receipt of your cancellation notice and all required documents.
CANCELLATION AFTER INITIAL TERM EXPIRES: You may cancel this Agreement by giving 30-days written notice to: Georgia Fitness, 245 Peachtree Industrial Blvd, Sugar Hill, GA 30518. Your cancellation will be effective thirty (30) days after the next scheduled dues payment following our receipt of your cancellation notice.
FEE INCREASES: After the initial term of this contract expires, we may from time to time increase your monthly membership fees. You will receive 30-days written notice prior to any fee increase. If we choose to increase your membership fees, you will have the right to cancel your membership within 30 days of receiving our notice. TRANSFERABILITY: Your Club membership may not be transferred to another person.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between you and the Club. Anything communicated to you verbally is not valid unless it is contained in this Agreement. If we breach this Agreement, your only remedy and recourse will be to cancel your membership.

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
I hereby acknowledge that engaging in physical exercise, including the use of exercise machines, free weights, club facilities, training and instruction could cause me physical harm. I voluntarily participate in these activities and assume any risk of physical harm that might result. I represent I am fully capable of participating in these activities without causing harm to me or any others. I acknowledge that the staff of the Club is, and have been available to answer questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with them. I understand that the presence of Georgia Fitness personnel is absolutely no assurance of my safety or the reduction of any of these risks.
RELEASE AND INDEMNITY AGREEMENT
I agree to release and covenant not to sue the Club, with respect to all claims, liabilities, damages or expenses (including attorney fees and costs), arising out of any injury, damage or other loss to me in any way connected with my use of the club’s facilities or participation in its programs.

CLUB RULES
We have adopted the following Rules to help make working out at the Club a pleasant experience for all members. These Rules should be considered a part of your Membership Agreement and we appreciate your effort to comply with them. From time to time the Club may adopt and post additional rules. If you have questions about any of these rules, please contact a Club staff member.
HOURS: Our hours and days of operation will be posted on the premises and may change from time to time in consideration of holidays, seasons, member usage, and maintenance requirements.
SIGN-IN: We ask that you check in at every visit by scanning your membership card at the check-in counter. If you don’t have a valid, bar coded membership card or your photo image is not on record, please sign in and show photo ID to the front desk staff.
MEMBER CONDUCT: Because we’re concerned about your health, we require that you refrain from smoking or using tobacco products, alcohol or illegal drugs at the Club. It is our policy to expel members who may be under the influence of drugs or alcohol. We also ask that members treat one another with respect and that they refrain from using coarse or derogatory language.
LOCKER AND LOCKER ROOMS: Lockers and locker rooms are provided for your convenience. Lockers however, are for day use only. We empty lockers every night and, if necessary, we will remove any unauthorized locks. Locker contents will be discarded or donated to charity. We are not responsible for lost or damaged articles.
DRESS CODE: We ask that you wear workout attire appropriate for a public environment where men, women, and minors may be present. Appropriate athletic shoes are required. Swimming suit required in sauna, pool, steam and/or Jacuzzi areas. No cutoffs or jeans allowed. No sandals.
GUEST PRIVILEGES: We invite you to bring guests to visit the Club, however, guests will be subject to our customary guest fee. Guests are admitted to the Club at the discretion of the management and must comply with all Club rules.
PEAK HOURS: You should be aware that the Club has peak hours of usage when facilities and equipment and services may not be as available as you would like. If you should like to avoid peak hours, speak with a Club staff member to determine the best hours for you.
CELL PHONES: Cell phone use is not allowed to be used on the workout floor or in the locker rooms.
DAMAGES TO FACILITIES: Member agrees to pay an extra charge for damages arising from careless use of equipment or dropping of weights, etc. caused by member and any damage to the facility cause be the member.
PERSONAL TRAINING: Member and/or Member’s guest will not perform or receive any personalized training with any other members or non-members.
MEMBERSHIP CARDS: A membership card will be issued to each member. A membership card may not be used by any other person other than the member to whom it is issued. Membership cards must be presented at the reception desk in order to access the Club. If a card is lost, a replacement card will be issued for a fee of $5.00 plus sales tax.
VIOLATION OF RULES: If a member fails to comply with Club rules, we reserve the right to terminate his/her membership privileges. Any such termination, however, will not relieve the member of his/her obligation to pay the unpaid portion of his or her membership fees.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

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 Georgia 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.
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 Georgia Fitness and ABC Fitness Solutions, LLC, including its agents and affiliates, 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 Georgia Fitness and/or ABC Fitness Solutions, LLC.
E-SIGN CONSENT: Certain laws and regulations may require Georgia Fitness 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 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 Georgia Fitness and/or ABC Fitness Solutions, LLC, 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 Georgia Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Georgia Fitness and/or ABC Fitness Solutions, LLC. 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 Georgia Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Georgia Fitness 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 customer service department of Georgia Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they 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 they 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 Georgia Fitness 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 Georgia Fitness and/ or ABC Fitness Solutions, LLC.