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. 20500.
In addition to the base health club membership, the Member may also
participate in the program( s) and enjoy the privileges below
GUEST PRIVILEGE Preferred Members may bring one guest per
day at no cost. See agreement for details. Basic members may bring guests
periodically with a $10.00 charge upon approval of the club.
EXTENSION PRIVILEGE Workouts missed due to illness,
accident, or emergency may be made up at the end of the membership All monthly
payments must be paid as agreed.
Renewal Provision
Term contracts will auto renew on a month to month basis at the expiration
of specified term. ABC Financial Services, LLC will send a 30 day notice of
auto renewal 30 days before expiration. It is member's responsibility to keep
contact information up to date. If wishing not to renew must send a 30 day
notice by certified mail to ABC Financial Services Inc., PO Box 6800, Sherwood,
AR 72124 or email customercare@abcfinancial.com. Certified mail is guaranteed
with tracking information and email is the responsibility of the member to
confirm delivery. Arry payments due during the 30 day period including rate
lock fee must be paid. Open Ended contracts are on a month to month basis.
Annual Membership Rate Guarantee of $49.99 will be billed 60 days after
joining and on the join date every year thereafter.
NOTICE: Any holder of this consumer credit contract is subject to all claims
and defenses which the debtor could assert against the seller or 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.
Enrollment fees are non-refundable. If relocates more than 50 miles or becomes
permanently medically disabled, can automatically cancel contract as long
as contract is not in default or delinquent and provides proof of move or
permanent medical disability by certified mail. (See complete Right to Cancel).
Invalid Provision: If any provision of this Contract is found to be invalid or
unenforceable, the remainder of Contract will be valid and enforceable.
If you decide you do not wish to remain a member of this health spa, you may
can eel this contract by mailing to ABC Financial, PO Box 6800, Sherwood, AR
72124 by midnight of the third business day after the day you sign this
contract a notice stating your desire to cancel this contract. This written
notice must be mailed by certified mail.
CONTRACTS ARE NON-TRANSFERABLE
Notice of Purchaser: Do Not Sign This Contract Until You Read It and
Understand It Completely.
I understand that I have signed a contract/note which may be purchased by a
financial institution. All payments must be paid in full to the financial
institutions, and may not be suspended for any reason whatsoever. and no monies
will be refunded. My failure to attend and utilize facilities does not relieve
me of my obligations, regardless of the circumstances, to pay the promissory
installment note in full as outlined below. I understand that my course is
absolutely non-cancelable. It is agreed that no representations or statements
except as herein typed shall be binding upon the club.
PROMISSORY NOTE
Indicated Date.
For value received, I, we, and either of us, jointly and severally, promise to
pay to the order of Facility of its assigns the total above written sum,
payable in indicated consecutive monthly installments ol the indicated amount
beginning on the indicated date and each month thereafter until the full amount
is paid I understand that after the indicated number of payments my membership
rate will auto-renew to the indicated amount a month.
DEFAULT AND LATE PAYMENTS: Sh ou Id you def au It on any
payment obligation as called for in this agreement, the club 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 lees. court costs, and attorney lees. A default occurs
when any payment due under this agreement is more than ten days late. You will
be charged 5% ol the amount in default not to exceed $19.50, if a payment is
not made within 10 days after it is due. In the alternative, a minimum
delinquency charge of $9.00 may be charged An additional service fee will be
assessed for any check, draft, credit card, or order returned for insufficient
funds or any other reason. If the Member is paying monthly dues by electronic
funds transfer (EFT), the club's billing company, ABC Financial Services, LLC,
reserves the right to draft via EFT all amounts owed by the member including
any and all late fees and service fees. Subject to appropriate State and
Federal Law.
REQUEST FOR PREAUTHORIZED PAYMENT
I/We hereby request the privilege of paying to ABC Financial Services, Inc
("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.
CUSTOMER'S RIGHT TO CANCELLATION
(a) You may cancel this Membership Agreement and any
related Retail Installment Sale Contract by sending notice of your wish to
cancel to the seller before midnight of the third business day after you sign
the Membership Agreement "Business Day" mean Monday through Friday excluding
State holidays and federal holidays This notice must be sent certified mail to
ABC Financial.
Within thirty days of receipt of this notice, the seller shall return any
payments made and any note or other evidence of indebtedness. If you use the
seller's facilities or services, the seller may charge you a reasonable fee
based on days of actual use.
(b) In addition. you or your estate may also cancel this
Membership Agreement and any related Retail installment Contract at any time by
written notice to the seller at the address below if the following
circumstances occur
- The customer's death
- substantial physical disability certified by a physician. which makes it
permanently impossible for customer to use the seller's services
- The customer's permanent relocation over fifty (50) miles distance from
an outlet operated by the seller. If the seller is unable to arrange for the
customer's use of another facility with equivalent major facilities and
services. The Membership Agreement and any Retail installment Sale Contract
are cancelled because of disability, death or permanent change of residence,
the seller shall return any note or other evidence of indebtedness and
unearned prepayments as follows for each month that the Membership Agreement
was in effect, the seller is entitled to the rate a month or a treatment
which it would have been charged if the Membership Agreement was actually in
effect The rate is to be determined from a fee schedule in effect on the date
of the Membership Agreement
(c) The right of cancellation shall affect only the
financial obligation under the Membership Agreement and any Retail installment
Sale Contract and customer's right to use seller's physical fitness
services.
(d) Month to Month Opt on Member may cancel with a 30 day
written notice by certified mail. (Cancellation date will be 30 days from next
billing date after receipt of request)
(e) Term Buy Out Option In addition to the reasons stated
above, if. during the term of this Agreement, you wish to cancel your
membership, you may do so upon payment of a "buy out" of $59.99 together with
payment of any amounts otherwise due to 10 Star Fitness under this Agreement
The" buy out" shall be effective by submitting 30 days written notice by
certified mail and payment to ABC Financial Services, LLC, PO Box 6800,
Sherwood, AR 72124. Any payments/fees due during the 30 days will have to be
paid
(f) IF YOU HAVE CHOSEN AN AUTOMATICALLY RENEWING CONTRACT AT THE END
OF ll-lE SPECIFIED INITIAL TERM, 10STAR FITNESS MUST PRO VIDE YOU WITH A
WRITTEN NOTICE NO MORE THAN THIRTY DA VS PRIOR TO THE AUTOMATIC RENEWAL TAKING
EFFECT. IT IS THE RESPONSIBILITY OF YOU THE CUSTOMER TO PROVIDE THE BUSINESS
WITH UPDATED, CURRENT ADDRESS/MAILING INFORMATION TO INSURE PROMPT NOTICE IS
RECEIVED BY YOU THE CUSTOMER YOU MAY CANCEL AT ANY TIME WITH A 30 DAY
NOTICE.
(g) Paid in Full Preferred membership refunds that qualify will be given at
the current monthly single rate and minus the rate lock fee. All partial months
used will be rounded up to a full month. EX 5 months and 10 days used = 6
months used times $21.99=$131.9 4 + $49 99(rate lock fee)= $181.93 - $299
99(amount paid) = $118.06 refund.
(h) Paid in Full Basic memberships receive No Refunds. All
cancellations requests must be sent via certified mail to
ABC Financial
PO Box 6800
Sherwood, AR 72124
RULES AND REGULATIONS
By signing this document I acknowledge my obligation to comply with all of
the current rules and regulations of 10 Star Fitness, a copy of which has been
provided to me, and as such rules and regulations may be modified or changed
from time to time and applied to all members of 10 Star Fitness. I acknowledge
and agree that a violation of any such rule or regulation including, but not
limited to, theft, vandalism, profanity, loud or boisterous conduct or any
other conduct which is detrimental to the use and enjoyment of the facilities
by other members of 10 Star Fitness may result in the suspension of my
privileges to be in the facility and in the event of such suspension that I
will not be entitled to a refund or cancellation of this agreement.
GENERAL RULES - All Members and Guests must register at the
front desk upon each visit to the club. No cursing, yelling, or disrespect will
be tolerated. DO not DROP or SLAM weights, weight stacks. or dumbbells. Chalk
is not permitted ANYWHERE in the facility Wipe of equipment and benches after
use. Cell phone use is permitted in designated lobby areas only (for common
courtesy). Camera phones are not allowed to be used anywhere in the club.ONLY
water bottles with spill-proof lids are allowed. Reasonable changes in rules
and regulations regarding the health, protection. or safety of members may be
posted from time to time at 10 Star Fitness. Failure by member or his/her
guest( s) to comply with all rules, regulations, policies, and contract terms
shall permit 10 Star Fitness to terminate this contract, without refund of any
monies paid Former members or employees may not visit as guests. Any member or
your guest, with a previous account in collections cannot be a current guest or
member. He/she must meet with manager to satisfy previous debt and then may
purchase a membership
OUTSIDE MARKETING - NO outside business can be conducted or
displayed in side 10 Star Fitness without written permission from 10 Star
Fitness. This includes personal training, nutrition. sell of supplements or
products, etc. Any brand or outside business logo displayed in the club,
including but not limited apparel. accessories, buttons, pamphlets, signs or
other forms of advertising are prohibited 'SEE FULL LIST OF CLUB RULES POSTED
IN CLUB'
PROPER CLOTHING AND HYGIENE- Appropriate athletic shoes
only. NO street shoes. boots, or sandals are allowed on workout floor. Only
shorts, sweat pants, I-shirts or other accessories deemed appropriate should be
worn. Clean exercising clothing is required Unpleasant hygiene will not be
tolerated. NO belt buckles, denim jeans, or loose jewelry items can be worn in
exercise areas. All other clothing and shoes must be kept in secure lockers.
Keep ALL valuables at home. We are not responsible for any lost or stolen
items.
EQUIPMENT AND CARDIOVASCULAR AREAS-Keep hands and feet away
from all moving parts and weight stacks. DO NOT attempt to repair or adjust any
equipment that has malfunctioned. Report any equipment problem or concern
immediately to club staff. Weight belts are NOT allowed to be worn while using
equipment with vinyl padding We have provided day-use lockers at no cost Take
your belongings with you after every visit. Gym bags are NOT allowed in any
workout area. (Bags are a trip hazard) Day-use lockers are provided for your
convenience. Re-rack all weights in their proper place after each use. Rules
may be subject to change at our discretion. Please let us know if you have any
questions or suggestions on how we can best serve your needs.
DAMAGE TO THE FACILITIES - Any member or guest who causes
any damage to 10 Star Fitness facilities will be liable to 10 Star Fitness for
all costs of repair or replacement, in the discretion of and as determined by
10 Star Fitness, which is entitled to recover such expense from the member or
guest
KEY TAG FEES - Key Tag replacement $5.00.
FREE UNLIMITED GUEST PRIVILEGES - Preferred Members may
bring one guest per day for free. Valid at all clubs. • Preferred
Membership Guests must be accompanied by Preferred Member at time of visit. The
Preferred Member must stay on premises wh ii e their guest is using the club.
• Preferred guests have access to fitness and Kids Club. • All
Preferred Membership guests must be at least 12 years of age and all guests
under 18 must be accompanied by a parent or guardian
INFORMED CONSENT
By signing this document, I acknowledge that I have voluntarily chosen to
participate in a program of progressive physical exercise. In signing this
document, I acknowledge being informed of the strenuous nature of the program
and the potential for unusual, but possible, physiological results including
but not limited to abnormal blood pressure. fainting, heart attack or death. By
signing this document, I assume all risk for my health and well being and hold
harmless of any responsibility, the instructor, facility or any persons
involved with this program and testing procedures. Services may be offered such
as, but not limited to. personal training and class instruction, who are
independent contractors. 10 Star Fitness does not warrant or guarantee in any
way the qualifications of such persons, the quality or appropriateness of their
services. 10 Star Fitness here by disclaims any and all liability arising out
of or related to the provision of services by any or all independent
contractors. 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 10Star Fitness and
ABC Financial Services. 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 10Star Fitness and/or ABC Financial Services, LLC.