Terms & Conditions

ABC FITNESS
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. 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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:

CANCELLATION POLICIES
1. Consumer’s Right of Rescission:
A. If this contract for health studio services requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 20 days after the contract is executed.
B. If this contract for health studio services requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 30 days after the contract is executed.
C. If a contract for health studio services requires payment of two thousand five hundred one dollars ($2,501) or more, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 45 days after the contract is executed.
2. If, by reason of death or disability, the person agreeing to receive services is unable to receive all services for which he has contracted, he and his estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and that if he has prepaid any sum for services, so much of such sum as is allocable to services he has not taken shall be promptly refunded to him or his representative. For the purposes of this section, ‘disability’ means a condition which precludes the buyer from physically using the facilities and the condition is verified by a physician.
3. If the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person shall be relieved from the obligation of making payment for services other than those received prior to the move, and if such person has prepaid any sum for health studio services, so much of such sum as is allocable to services he or she has not taken shall be promptly refunded. Such person may be charged a predetermined fee not exceeding one hundred dollars ($100), or, if more than half the life of the contract has expired, such person may be charged a predetermined fee not exceeding fifty dollars ($50).
4. Your membership is non-transferable and cannot be cancelled without the notice required in this agreement unless one of the above exceptions applies.

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes, and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use, or exchange of anabolic steroids.

The health club reserves the right to make changes to the type or quantity of classes or equipment offered. Club hours may vary from one location to another, please visit afterburnfitness.com for each club’s hours and class selection.

CANCELLATION; TERMINATION
Termination Rights. Member may terminate this Membership Agreement during contract period with thirty (30) days’ prior written notice by certified or registered mail for any of the following reasons: (a) If a Member becomes disabled, and consequently is unable to use or enjoy Afterburn’s facilities, and this condition is verified by a qualified physician (by executing this Agreement, Member hereby authorizes Afterburn Fitness or its agents to verify, in any manner deemed appropriate by Afterburn Fitness, Member’s disability); (b) If Member dies, Member or Member’s estate (as applicable) shall be relieved of any further obligation for payment under this Membership Agreement not then due and owing; (c) If Member moves his or her residence more than twenty-five (25) miles from a comparable health club operated by Afterburn Fitness. However, Member must provide satisfactory proof of new residence or (d) If Afterburn Fitness ceases to offer services as stated in this Membership Agreement. In the event Member moves his or her residence more than twenty-five (25) miles from a comparable health club operated by Afterburn Fitness, Afterburn Fitness may charge, or withhold from refund, a cancellation fee of $100 (or $50 if more than half the contract life has expired). Member may also cancel their membership during the contract period for a one-time fee of $399 if member’s reason for cancellation is not mentioned above. No contract is “terminated” until the $399 early termination fee (if applicable) is processed and received and full balance on member’s Afterburn Fitness account is paid off in full. Both the cancellation fee and the written intention to cancel must be turned in and completed to halt future billing. Member may terminate this Membership Agreement after contract period has expired with thirty (30) days’ prior written notice. Once the contract period has expired, all contracts convert to a month to month status where as the client may cancel the agreement at any time with thirty (30) days written notice. To cancel this Membership Agreement, mail or deliver a signed and dated notice via certified mail stating that Member and/or Obligor, as applicable, is canceling this Membership Agreement, or words of similar effect. Such notice shall be sent to Afterburn Fitness. You may also process your cancellation online by visiting afterburnfitness.com. Termination of Recurring Dues Membership. The termination will be effective thirty (30) days after final payment goes through. The final payment will go through on the regular recurring payment date after the 30 day notice to cancel has been received. During this time, you may continue to use the Afterburn Fitness Facility during the Paid Period.

Termination of Prepaid Membership. Except as stated above, if you have a Prepaid Membership, you may not terminate it during the Paid Period (or receive a refund). If you do not renew your Prepaid Membership by the renewal date, your Prepaid Membership automatically expires and you are not entitled to the initial annual renewal rate.

WAIVER – RELEASE AND ASSUMPTION OF RISK
Using the Afterburn Fitness facilities involves the risk of injury to you or your guest, 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 Afterburn Fitness, you understand and voluntarily accept this risk and agree that Afterburn Fitness, its officers, directors, employees, volunteers, agents and independent contractors will not be liable 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 whether related to exercise or not. Member agrees to indemnify and to hold the center and its employees harmless from all claims by or liability to member or member’s guest, except for those claims arising out of the center’s knowingly failing to correct a dangerous situation brought to its attention. Further, you understand and acknowledge that Afterburn Fitness does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Afterburn Fitness is providing recreational services and may not be held liable for defective products.
USE OF AFTERBURN FITNESS FACILITIES
Rules, Regulations and Schedules. Member agrees to abide by the rules, regulations and schedules of Afterburn Fitness, which may be posted at a facility or issued orally, and which may be amended from time to time at Afterburn Fitness’ sole discretion. Club hours will vary from one location to another, and may change at the club’s discretion. Upon joining, Member and/or Obligor must pay the appropriate initial charges. At the sole discretion of Afterburn Fitness, Member’s membership may be revoked or suspended at any time if in the judgment of Afterburn Fitness (a) Member consistently fails to observe the Rules and Regulations; (b) Member has otherwise behaved in a manner contrary to the best interests of Afterburn Fitness or any of Afterburn Fitness’ members; (c) Member has instituted any type of legal action against Afterburn Fitness including but not limited to civil actions, arbitrations and/or mediations; and/or (d) Afterburn Fitness has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against Member. Limitations on Availability. It is to be expected that there may be occasional delays, especially during peak hours, in using the fitness equipment or that Members may not always be able to attend preferred exercise classes. The availability of classes and equipment are subject to demand and are available on a first-come first-served basis. Inability to take a particular class are not sufficient grounds for membership termination if member is able to still exercise and use the facility in any form. Required equipment. I understand that certain classes mandate the use of certain equipment. Attendance to these classes is not permitted without the proper equipment.

Freeze Policy. Members are allowed to place their membership on freeze once per year. Membership freezes fall into two distinct categories (a) Medical: If Member is medically unable to use the Afterburn Fitness facilities, Member may request in writing a freeze of his or her membership in monthly increments for a minimum of one (1) month and maximum of three (3) months. Member must provide a doctor’s note at the time of requesting a freeze and dates must be provided. Afterburn Fitness reserves the right to verify the note with the doctor or office associated with the member. No fee is required for a medical freeze. (b) Non-medical: If Member desires to freeze his or her account for a non-medical reason, member may request a freeze in writing of his or her membership in monthly increments for a minimum of one (1) month and maximum of three (3) months. A ($25) per month fee is required for a non-medical freeze. Afterburn Fitness reserves the right to adjust this freeze policy from time to time at its sole discretion. All requests must be received at least five (5) days prior to Member’s next billing date period. Retroactive freezes will not be accepted. Scope of Membership. Member’s guests are permitted to use Afterburn Fitness’ facilities, but only pursuant to such rules, regulations, fees, schedules for guest as then may be in effect. Afterburn Fitness reserves the right to limit the number of times any one guest can use a Afterburn Fitness facility and reserves the right to exclude any Member’s guest whose use of the facility, in the sole opinion of Afterburn Fitness, would be detrimental to Afterburn Fitness or any of its members. All guests must register at the front desk with valid identification.
Member Risk. Member represents that he/she is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of an Afterburn Fitness facility and shall indemnify Afterburn Fitness, its affiliates, agents and employees, against any and all Damages arising out of Member’s use of the facilities except as otherwise set forth in this Membership Agreement. Physical examinations by Member’s physician are recommended for 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, or members who have a history of heart disease.
Loss of Property. Member and Member’s guests are urged not to bring valuables onto the premises of an Afterburn Fitness facility. Afterburn Fitness shall not be liable for the disappearance, loss, theft, or damage to personal property, including money, negotiable securities, items left in coat check lockers, or jewelry of Member or Member’s guests.
GENERAL PROVISIONS
(Change of Address) Member must promptly notify Afterburn Fitness in writing of any changes in his or her billing information, address or telephone number. (Lockers) Afterburn Fitness will remove any articles left in a locker overnight. Member must provide his or her own any valuables in his or her locker. (Dress Code) Proper athletic attire is required. Afterburn Fitness reserves the right lock and should not leave to make the final determination in its sole discretion with regard to appropriate attire. (Smoking) Smoking is prohibited at all times in all Afterburn Fitness facilities. (Description of Services and Hours of Access) Your membership with Afterburn Fitness shall include access to the facility or facilities to which you purchased, including the cardiovascular, strength and conditioning equipment. Afterburn Fitness also provides group training classes, some of which are optional services and may require an additional charge. This Membership Agreement entitles you to access these facilities and services during the hours posted in the applicable facility, but does not guarantee access to them, nor does your membership require access to them. (Personal Training) Any and all personal training provided by Afterburn Fitness shall be subject to the terms of this Membership Agreement as well as any additional terms and conditions set forth in a separate personal training contract entered into by Member and Afterburn Fitness. Use of personal trainers not approved by Afterburn Fitness is prohibited. (Children’s Use) Children under fourteen (14) years of age may be permitted in Afterburn Fitness facilities. However, all such children must be accompanied by the child’s parent or guardian at all times unless such children are participating in a supervised activity. Children over the age of fourteen (14) may use the facility without the supervision of an adult. Some children’s programs require fees to be paid in advance. Afterburn Fitness reserves the right to discontinue use by any child who is unsupervised, or whose behavior is offensive or disruptive. (Change In Facilities and Operating Hours) As a result of repair, maintenance or special occasions, Afterburn Fitness may be required to restrict the use or temporarily close one or more facilities or halt an activity from time to time. There will be no reduction, suspension, abatement, or apportionment of membership fees or other charges during such time when the above-mentioned occurs. Afterburn Fitness hours of operation may be modified from time to time without prior notice to Member. Afterburn Fitness reserves the right to change the facility from time to time, to eliminate or add facilities and services, and to change the type or quantity of equipment and services. (Filming/Photography) Filming with cameras (excluding cell phones) is strictly prohibited without the express written authorization and consent from Afterburn Fitness. Photographs or video footage taken with cell phones is permitted unless done with the intent to distribute content in a manner that competes directly or indirectly with Afterburn Fitness. This includes but is not limited to nutrition advice, workout advice or demonstrations, training, online coaching, or other fitness related industries or topics.

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 Afterburn Fitness 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, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to Afterburn Fitness 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.
E-SIGN Consent: Certain laws and regulations may require Afterburn 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 Afterburn 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 Afterburn 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 Afterburn 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 Afterburn Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify Afterburn 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 Afterburn Fitness 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 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 Afterburn 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 Afterburn Fitness and/or ABC Fitness Solutions, LLC.

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