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Cancellation & Freeze Submissions. Any request for cancellation or freeze of your membership should be sent certified mail, return receipt requested, to: Big Al’s Family Fitness, Acct. Manager, 104 Merrick Road, Amityville, NY 11701. It must contain 1) A completed Membership Agreement Amendment form (which can be picked up at any B.A.F.F. club). 2) Your B.A.F.F. membership card. 3) Full payment of any unpaid membership dues or indebtedness. 4) And any other required paperwork for cancellation approval as outlined on the front and back of this contract.
Consumer Right To Cancellation. You may cancel this contract without any penalty or further obligation within three (3) days from the date of the signature on this contract, by written notification sent by certified or registered mail. This cancellation request must also include a Membership Agreement Amendment form (which can be picked up at any B.A.F.F. club).
Cancellation Rights For Monthly billing of Dues, When the Minimum Monthly Term of the Membership Has Been Fulfilled. Monthly billing of membership will continue until all the requirements for cancellation are met. These requirements include giving B.A.F.F. 30 days written notice by certified or registered mail. This cancellation request must also include a Membership Agreement Amendment form (which can be picked up at any B.A.F.F. club).
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, changed or converted to statement billing. This will not affect any other provisions of this agreement.
I acknowledge having received a copy of this agreement and agree to the terms of this agreement and will comply with the rules and regulations of B.A.F.F. listed on the reverse side. Subject to the cancellation rights provided under Article 30 of the New York General Business Law, this application shall become a binding agreement when signed by me and accepted by B.A.F.F. My signature below verifies that I have read and fully understand my rights to cancellation listed on the reverse of this membership agreement. I understand that any authorization for automatic debit remains in effect until I meet the proper requirements for cancellation as outlined in this agreement.
1. MEMBERSHIP AND PAYMENTS
1.1. Monthly Dues. Members shall pay in advance monthly membership dues. B.A.F.F. may adjust monthly dues each calendar year upon giving members thirty (30) days prior notice, posted in the clubs, and/or sent by mail. B.A.F.F. may adjust court fees, or any other fees, other than monthly, at any time.
1.2. Form of Payment. Monthly dues and incidental charges are payable only by electronic funds transfer from the member’s checking account, American Express,
MasterCard, Discover or Visa account. Members must authorize such payments to be made through a third-party administrated Electronic Funds Transfer (E.F.T.) system. Members maintain full control and privacy over their accounts at all times and the transfer of funds affects only those fees which have prior authorization of the member. The transfer will take place automatically once every month unless B.A.F.F. notifies the member otherwise (collections of delinquent membership dues payments notwithstanding).
1.3. Advance Payment. Members may pay the full year’s dues, as well as the initiation fees, in advance (by cash, check or acceptable credit card). After the member’s first year, he or she may continue membership in the club(s) by either again paying the next years dues in advance or converting to monthly payments using the Electronic Funds Transfer system.
1.4. Changes of Membership Type. Members may change their membership classification upon request in writing and upon payment of additional initiation fees and membership dues, if required. B.A.F.F. will make no refund of initiation fees. An appropriate increase or decrease in monthly dues will be made. There will be a processing charge, which may be adjusted from time to time.
1.5. Change of Membership Information. Member should promptly notify the club in writing of any changes in address or telephone number. Failing such notice, all communications shall be presumed to have been received by the member within five days after mailing. Member must notify B.A.F.F. of a change in their billing information.
1.6. Returned Payment Penalty. Members will automatically be charged for any returned payment item due to closed accounts, insufficient funds, etc. This charge may be adjusted in the future.
1.7. Limited Memberships. It is to be expected that there may be occasional delays, especially during primetime, in using the fitness equipment, that members may not always be able to reserve a court for the preferred time, or that members may not be able to attend preferred exercise classes.
1.8. Indebtedness of Member. If the indebtedness of any member so notified exceed $25 and he or she fails to pay same within the time specified in the notice requesting payment, he or she may be denied the use of the club(s) facilities until such indebtedness has been paid in full.
1.9. Delinquency Assessments. If a member fails to pay when due any amount owed to B.A.F.F., (I) which member shall pay to B.A.F.F. a late fee, and (II) such member agrees to pay all collection fees, disbursement fees, court costs plus reasonable attorneys fees if B.A.F.F. must refer such member’s account to an attorney who is not a B.A.F.F. employee.
1.10. Big Al’s Family Fitness will automatically bill $25.00 for your yearly Club Maintenance Fee.
2. TRANSFERS, FREEZES, AND CANCELLATIONS OF MEMBERSHIP
2.1. Transfer of Membership. A member may transfer his or her membership to another person who is a non-member only, subject to the club’s approval, such approval not to be unreasonably withheld. The transfer will become effective when the transferee has provided the club with all necessary information and financial authorizations and has signed a membership application agreeing to abide by the rules and regulations of the club. There is a transfer fee of $75 which may be adjusted from time to time. Membership rights may not be assigned or transferred until such time the initiation fee and any dues and incidental charges have been paid in full to B.A.F.F.
2.2. Additional Rights To Cancellation for Monthly Billing of Dues, When the Minimum Monthly Term of the Membership Has NOT Been Fulfilled. You may cancel this contract prior to fulfilling the minimum monthly term of the membership only when one of the following reasons applies: 1) If upon a doctor’s written order you cannot physically participate in services offered by the facility because of significant physical disability for a period of six (6) months. The doctor’s letter requires including the doctor’s contact information. 2) If you die, your estate shall be relieved of any of any further obligations for payment under this contract not then due and owing.
3) If you move your residence more than twenty-five miles from any health club operated by B.A.F.F. Written proof of the move is required. The following items are acceptable proof of move (all of the three items are required): a) Final utility billed marked “This is a final bill” addressed to relocating member at previous address. b) A new lease, bill of sale, or property deed for relocating member. c) A bill of sale or lease termination notice indicating termination of existing residence. Any exceptions to these listed items must be approved in writing by B.A.F.F. in advance of the cancellation request being submitted, and a copy of that written approval must be attached to the submitted paperwork. When all of these requirements are met, billing will continue until the member has given B.A.F.F. 30 days written notice by certified or registered mail, with all above required documentation and the following enclosed: Payment of a $99 early cancellation administrative fee.
2.3. Cancellation & Refund Rights for Paid in Full Memberships. You may cancel this contract prior to fulfilling the term of the membership only when one of the following reasons applies: 1) If upon a doctor’s written order you cannot physically participate in services offered by the facility because of significant physical disability for a period of six (6) months. The doctor’s letter requires including the doctor’s contact information. 2) If you die, your estate shall be relieved of any of any further obligations for payment under this contract not then due and owing. 3) If you move your residence more than twenty-five miles from any health club operated by B.A.F.F. Written proof of the move is required. The following items are acceptable proof of move (two of the three items are required): a) Final utility billed marked “This is a final bill” addressed to relocating member at previous address. b) A new lease, bill of sale, or property deed for relocating member. c) A bill of sale or lease termination notice indicating termination of existing residence. Any exceptions to these listed items must be approved in writing by B.A.F.F., in advance of the cancellation, request being submitted, and a copy of that written approval must be attached to the submitted paperwork. When all of these requirements are met, the member must request a refund in writing by certified or registered mail, with all above required documentation. Any refund due will be calculated by first subtracting the non-refundable initiation fee from the paid-in-full amount, as well as a $99 early cancellation administrative fee, then determining the pro-rated amount based on the number of unused months remaining in the contract, from the date upon which all requirements of requesting a refund have been met, as outlined above.
2.4. Revocation of Membership. At the discretion of B.A.F.F. a membership may be revoked at any time or extension of a membership may be denied if in the reasonable judgment of B.A.F.F. the member consistently failed to observe the rules and regulations or has otherwise behaved in a manner contrary to the best interests of the club(s) or the club(s) members.
2.5. Membership Freeze Requests. All membership freeze requests must be made in writing using a Membership Amendment Form, which can be picked up at any club. It may be submitted in person at the front desk of either club, faxed to (631) 264-7563, or submitted via US Postal Service mail to the Amityville location. It must be post-marked at least 10 days prior to the first billing date for which the freeze will be in effect. Memberships may be frozen for a maximum of six (6) months.
Instead of the normal monthly membership dues, a Freeze Fee of $5/per month will be billed automatically to the member’s credit card or checking account, during each month that the membership is frozen. Frozen membership time does not count towards the obligatory membership contract period.
3. MEMBERSHIP RISK
3.1. Member Conduct. Member shall be responsible for any property damage or personal injury caused by them, their family, or their guests.
3.2. Orientation. Members and members’ guests should seek instruction in the use of all equipment, including fitness machines, free-weights, tanning equipment, massage equipment, and cardio-aerobic equipment, before using the club(s) facilities.
3.3. Medical Disclaimer. Each member has been informed and acknowledges that the club(s) has made no claims as to medical results that may be obtained through use of the club(s) facilities. The club(s) neither suggested nor will suggest any medical treatment to members. Only licensed professionals are qualified to give medical advice. Members are instructed not to act on the advice given by any unlicensed employee until such advice has been verified with a licensed professional or their own physician. Each member represents that there is no medical or physical condition that would prevent them from using all or any of the club(s) exercise facilities, and member further represents that he/she has not been instructed by any physician not to do so.
3.4. Activity Risk. Releaser understands and acknowledges that the during use of B.A.F.F. and during physical activity in many contexts, the risk of injury is an inherent potential result of any such activity. Releaser also represents that he or she is medically and physically able to participate in the exercises and physical demands of the discipline. Releaser also agrees that any injuries or limitations will be made known to Releasee immediately. This release includes any employee and/or agent instructing under B.A.F.F.’s supervision or direction during classes and/or training sessions. In view of the foregoing, and as a term and condition of being a member of the releasee, Releaser, with the intention of binding himself or herself, his or her spouse, heirs, legal representatives, and assigns, expressly releases and discharges
Releasee and heirs and legal representatives from all claims, demands, actions, judgments, and executions that Releaser ever had, or now has, or may have, or claim to have, against releasee or heirs or legal representatives created by or arising out of, any and all activity regardless of where held or when held. This release is for the entire premises, including but not limited to locker rooms, parking areas, sidewalks, buildings, and grounds. Releaser assumes any and all risks associated with the activities he or she will undertake at or with releasee. If any portion of this release from liability shall be deemed by a court or competent jurisdiction to be invalid then the remainder of this release from liability shall remain in full force and effect.
3.5. Loss of Property. B.A.F.F. shall not be liable for the disappearance, loss or theft of, or damage to personal property, including money, negotiable securities or jewelry, unless the member or guest shall have deposited the same with B.A.F.F. and received a receipt in writing for such property. In no event, however, even though such property is so deposited and a receipt given, shall B.A.F.F. liability for disappearance, loss, theft, or damage thereof exceed the lesser of the actual value or $100.
4. GENERAL PROVISIONS
4.1. Rules and Regulations. Each member shall complete and sign a Membership Agreement and agree to abide by the club(s) rules and regulations, and any amendments and/or modifications subsequently made by the club(s) management.
4.2. Change of Facilities. The club(s) reserves the right to change their facilities from time to time, to eliminate some of their facilities and services, or to add others.
4.3. Closing of Club. It is anticipated that, from time to time, a part of a club, or the entire facility will be temporarily unavailable to members while repairs; renovations or special events take place. Management will make every effort to minimize any disruption to members during these periods and if possible to schedule any work during off hours of summer months. Management may also offer members the use of their conveniently located clubs during the period of unavailability. The club(s) may be closed for the holidays. Club hours of operation are displayed in each club and may be modified from time to time.
4.4. Non-Discrimination. B.A.F.F. represents that it will not discriminate against any person because of sex, race, creed, age, color, national origin, ancestry, disabilities, or sexual orientations in considering applications for membership in the clubs. The minimum age for club membership is 18 unless parental permission and B.A.F.F. consent is given. When parental signature is given it releases B.A.F.F. of all liability concerning their minor child.
4.5. Act of God. In the event an act of God, such as a hurricane, earthquake, etc., causes more than a 48-hour closing of the club(s) members’ dues obligations will be suspended until such time as use of the facilities can be safely resumed. Original dues obligations will not otherwise be affected unless the club cannot reopen within one year.
5. RULES AND REGULATIONS
5.1. Membership Cards. All members must present their membership card and/or a picture ID in order to access the facility. Big Al’s Family Fitness representatives have the right to refuse entry individuals who fail to do so. A fee of $10 will be charged for a replacement card.
5.2. Personal Training. Exclusively independent contractors provide Personal Training in B.A.F.F. clubs. Members or members’ guests may not provide personal training service or solicit clients in the clubs. B.A.F.F. assumes no liability or responsibility for the actions of personal trainers. The purchase of Personal Training sessions does not entitle the member to a complimentary membership. No refunds will be issued on Personal Training contracts. Personal Training sessions expire one year after purchase.
5.3. Changing These Rules. B.A.F.F. has the right to change these Rules at anytime. B.A.F.F. will notify members of any changes and B.A.F.F. will consider that a member has accepted the changes if such member keeps or uses his or her membership card after receipt of our notice.
5.4. 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.
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