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NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT. The buyer shall be delivered a copy of this contract at the time it is signed.
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.
Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial Services, Inc
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.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE BUYER/MEMBER COULD ASSERT AGAINST THE CLUB AS A RESULT OF THIS CONTRACT. RECOVERY BY THE BUYER/MEMBER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER/MEMBER TO THE CLUB PURSUANT TO THIS CONTRACT. YOU THE BUYER MAY CANCEL THIS AGREEMENT BY MIDNIGHT OF CLUB’S THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, AND SUCH CANCELLATION MUST BE IN WRITING TO THE CLUB. IN THE EVENT THE CLUB CLOSES AND CEASES DOING BUSINESS, YOU ARE NO LONGER OBLIGATED TO MAKE PAYMENTS UNDER THIS AGREEMENT.
1. DEFAULT AND LATE PAYMENTS: Should you default 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 fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be charged 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, Inc., 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. NOTE: Members paying monthly dues by E.F.T. are subject to $5.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
2. WAIVER AND RELEASE OF LIABILITY: The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. All exercises, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the member’s sole risk. Member understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be member’s entire responsibility, and the Club shall not be liable to member for any claims, demands, injuries, damages, or actions arising due to injury to member’s person or property arising out of or in connection with the use by member of the services, facilities, and premises of the Club. Member hereby holds the Club, its officers, owners, agents and employees harmless from all claims which may be brought against them by member or on member’s behalf for any such injuries or claims.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND ITS CONTENTS AND PURPOSE. THAT NEITHER YOU NOR ANY OF THE ABOVE NAMED RELEASING PARTIES MAY BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST PERFORMANCE HEALTH & FITNESS AND OTHER RELEASED PARTIES FOR THEIR NEGLIGENCE OR THAT WHICH MAY ARISE OUT OF OR RELATE TO PARTICIPATION IN THE ACTIVITIES OR USE OF THE EQUIPMENT OR FACILITIES PROVIDED BY THEM UNDER THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE YOU HAVE CONVEYED THE TERMS OF THIS WAIVER AND RELEASE TO ALL PERSONS DESCRIBED ABOVE WHO MAY USE THE DESCRIBED EQUIPMENT AND FACILITIES PURSUANT TO THIS AGREEMENT AND THAT THEY HAVE AGREED TO THE SAME.
3. RULES AND REGULATIONS: Member agrees to follow club rules as promulgated from time-to-time. Violation of these rules may be the cause for suspension or cancellation of membership.
4. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
5. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 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 AMOUNT PAID BY THE DEBTOR HEREUNDER.
6. JURISDICTION: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Iowa and to the application of Iowa law.
7. ENTIRE AGREEMENT: The Member and Performance Health & Fitness acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
8. CANCELLABILITY AND TRANSFERABILITY: This membership is not negotiable, transferable or cancellable except as otherwise provided herein. This Agreement will bind and inure to the benefit of Performance Health & Fitness’ permitted successors and assigns.
9. CUSTOMER’S RIGHT TO CANCEL:
A. You may cancel this contract by sending notice of your wish to cancel to the center before midnight of the third business day after you sign the contract. Business day means Monday through Friday excluding State Holidays and Federal Holidays. This notice must be sent certified to the club where your membership was purchased, following address for both locations:
Performance Health & Fitness Performance Health & Fitness
209 First Street OR 3290 Ridgeway Drive
Kalona, IA 52247 Coralville, IA 52241
Within forty-five days of receipt of this notice, the center shall return any payments made and any note or other evidence of indebtedness. If you use the seller’s facilities or services, the center may charge you a reasonable fee based on days of actual use.
B. In addition, you or your estate may also cancel the contract at any time by written notice to the center at the address below if the following circumstances occur:
(1). The customer’s death.
(2). Substantial physical disability, certified by a physician, which makes it permanently impossible for the customer to use the center’s services.
(3). The customer’s permanent relocation to a residence over 25 miles distant from an outlet operated by the center, if the center is unable to arrange for the customer’s use of another center with equivalent major facilities and services.
The center may require presentation of information to substantiate that 1 of these circumstances has occurred. If the contract is cancelled because of disability, death or permanent change of residence, the center shall return any note or other evidence of indebtedness and unearned prepayments as follows: For each month that the contract was in effect, the center is entitled to the rate a month or a treatment which it would have charged if the contract had initially been one for the number of months or the number of treatments for which the contract was actually in effect. The rate is to be determined from a fee schedule in effect on the date of the contract.
C. The right of cancellation shall affect only the financial obligations under the contract and customer’s right to use the center’s physical fitness services.
10. DURATION: The contract’s initial term shall not be for a period of more than thirty-six months. If made for a greater period, it shall be deemed to be for thirty-six months only, notwithstanding any other provisions herein.
(1). RENEWAL STATEMENT PROGRAM: Provided member is not in default or delinquent of this agreement, member may retain use of all privileges by renewing 30 days before listed expiration date.
11. PERSONAL TRAINING SERVICES: Members may be charged for a scheduled session if not cancelled 24 hours prior. Except for the right to cancel within three days after purchase, members are not entitled to a refund. We reserve the right to provide a substitute trainer if the scheduled trainer is unavailable. All sessions must be completed within 6 months from the date of purchase.
12. NOTICES: Except as otherwise provided herein, all notices to the center shall be sent certified mail to location of your purchase:
Performance Health & Fitness
3290 Ridgeway Drive
Coralville, IA 52241
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