TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to TruFit Athletic Clubs, (together with its affiliates, “TruFit Athletic Clubs”, “We”, “Us”, or the “Company”). We are excited to have you as a User. We’d like you to know that the following terms and conditions (collectively, these “Terms of Use”) apply to your use of TruFit Athletic Clubs System. The TruFit Athletic Clubs system means all websites hosted on the TruFit Athletic Clubs platform, related web sites, downloadable software, social media pages, email systems and messages, mobile applications (including tablet applications), and other services provided by Us, and all other written and oral communications between TruFit Athletic Clubs and our Users and Users. By agreeing to these Terms of Use, you are also agreeing to be bound by our Privacy Policy as stated here: www.trufitathleticclubs.com/privacy

We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Use carefully before you start using the TruFit Athletic Clubs Services, because by accessing and using the Site, you accept and agree to be bound and abide by these Terms of Use. Should you disagree with some of the provisions herein, you can either leave the Site (although we’ll be sad to see you go!) or contact us at wecare@clubtrufit.com. Please keep in mind that this document is a legally binding agreement between you as the user of the Service (referred to as “you”, “your” or “User” hereinafter) and the Company.

TERMS OF USE.

1. Application and Acceptance of the Terms of Use

Your use of the Service is subject to these Terms of Use as well as the Privacy Policy and any other rules and policies that We may publish from time to time.
You may not use the Service and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with Us, or (b) you are not permitted to receive any Service under the laws of the United States of America, and/or any other jurisdictions whose laws may apply to your use of the Service.
You acknowledge and agree that We may amend the Terms of Use at any time by posting the relevant amended and restated Terms of Use on the Site. By continuing to use the Service or the Site, you agree that the amended Terms of Use will apply to you.
If TruFit Athletic Clubs has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Service or the Site.
You may be required to enter into a separate agreement, whether online or offline, with TruFit Athletic Clubs or a Partner of TruFit Athletic Clubs for a Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms of Use and an Additional Agreement, the Additional Agreement shall take precedence over the Terms of Use only in relation to that Service concerned. Specifically, if you are in the European Economic Area or Switzerland, you are required to enter into TruFit Athletic Clubs’s Data Processing Addendum which implements model contractual language promulgated by the European Commission and designed to, among other things, protect the data privacy rights of European citizens. Do not proceed without agreeing to this document. You may obtain it by emailing, wecare@clubtrufit.com.
The Terms of Use may not otherwise be modified except in writing by TruFit Athletic Clubs.

2. Provision of Service

Any person, business, or entity may subscribe to or otherwise accesses or uses the Service is a “User.” Users must complete a registration process on the Site in order to access and use the Service.
Further, TruFit Athletic Clubs reserves the right, without prior notice, to restrict access to or use the Service (or any features within the Service) to any User.
The Service (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for any individual who interacts with the Service (the “Users”). TruFit Athletic Clubs may limit, restrict, suspend, or terminate the access or use of the Service if the User is in violation of these Terms of Use.
TruFit Athletic Clubs may launch, change, upgrade, impose conditions to, restrict, suspend, or stop any Service (or any features within the Service) at any time and without prior notice.
Parts of the Service may be provided by TruFit Athletic Clubs’s partners on behalf of TruFit Athletic Clubs.

3. Users Generally

As a condition of your access to and use of the Site or Service, you agree that you will comply with all applicable laws and regulations when using the Site or Service.
You agree to use the Site or Service solely for your own private and internal purposes as a licensee of the Site and Service. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms of Use is prohibited. In addition, you agree that
1. You will not copy, reproduce, download, re-publish, sell, distribute or resell any Service or portion thereof or any information, data, text, photographs, images, graphics, videos, sound, directories, files, databases, listings, written posts and comments, software, scripts, interactive features generated, provided, or otherwise made accessible on or through the Site and Service (the “Site Content”);
2. You will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with TruFit Athletic Clubs, or otherwise commercially exploit the Site Content; and
3. You will not engage in any systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TruFit Athletic Clubs.
You must read TruFit Athletic Clubs’s Privacy Policy that governs the protection and use of personal information about Users in the possession of TruFit Athletic Clubs and our affiliates. Your use of the Services is an acceptance of the terms of the Privacy Policy.
TruFit Athletic Clubs may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ websites. You should read such websites’ terms and conditions and/or privacy policies before continuing the use of the Site. You acknowledge that TruFit Athletic Clubs has no control over such third parties’ websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
You agree not to undertake any action to undermine the integrity of the computer systems or networks of TruFit Athletic Clubs and/or any other User nor to gain unauthorized access to such computer systems or networks.
You agree not to post any libelous, tortious, infringing, or otherwise illegal content, information, or material on the Site or through the Service. You further agree that posting such content, information, or material may cause irreparable harm to TruFit Athletic Clubs or other Users of the Site, and you shall indemnify TruFit Athletic Clubs, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) resulting therefrom
TruFit Athletic Clubs in its sole discretion, may utilize, all comments and suggestions, whether written or oral, furnished by any Users to TruFit Athletic Clubs in connection with their use or access of any TruFit Athletic Clubs Service (all such reports, comments and suggestions, collectively, “Feedback”). User hereby grants TruFit Athletic Clubs a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback into TruFit Athletic Clubs’s products and services, including the TruFit Athletic Clubs Services.

4. Users

Upon registration, TruFit Athletic Clubs shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User.
A set of User ID and password is unique to a single User account. Each User shall be solely responsible for maintaining the confidentiality and security of such User’s User ID and password and for all activities that occur under such User’s account. No User may share, assign, or permit the use of his or her User account, ID or password by another person outside of the User’s own business entity. Each User agrees to notify TruFit Athletic Clubs immediately if such User becomes aware of any unauthorized use of his or her password, her or his account, or any other breach of security of such User’s account.
User agrees that all activities that occur under such User’s account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the User.
User acknowledges that sharing of User’s account with other persons or allowing multiple users outside of User’s business entity to use User’s account (collectively, “Multiple Use”), may cause irreparable harm to TruFit Athletic Clubs or other Users of the Site. User shall indemnify TruFit Athletic Clubs, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple Use of User’s account. User also agrees that in case of the Multiple Use of User’s account or User’s failure to maintain the security of User’s account, TruFit Athletic Clubs shall not be liable for any loss or damages arising therefrom and shall have the right to suspend or terminate User’s account without liability to User.

5. User’s Responsibilities

Each User represents, warrants and agrees that (a) it has full power and authority to accept the Terms of Use, to grant the license and authorization and to perform the obligations hereunder; (b) if an individual, he/she will use the Site and Service for personal purposes only, or if a business or entity, it will use the Site and Service only for purposes permitted by these Terms of Use.
User is required to provide personal information as part of the registration process on the Site Each User represents, warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Upon becoming a User, you consent to the inclusion of the personal information about you in our Database and authorize TruFit Athletic Clubs and our affiliates to share the personal information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
d. User may not use the Service to engage in activities which are identical or similar to TruFit Athletic Clubs’s business.
User acknowledges and agrees that TruFit Athletic Clubs shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Service or Site. TruFit Athletic Clubs does not endorse, verify, or otherwise certify the contents of any comments or other material, or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Service are in compliance with applicable laws.

6. Breaches by Users

TruFit Athletic Clubs reserves the right, in our sole discretion, to remove, modify, or reject any information, content or material on the Site you post or display (when posted or displayed by a User, “User Content”). User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms of Use, could subject TruFit Athletic Clubs or our affiliates to liability, or is otherwise found inappropriate in TruFit Athletic Clubs’s opinion.
If any User breaches any provisions of the Terms of Use or if TruFit Athletic Clubs has reasonable grounds to believe that any User is in breach of any the provisions of the Terms of Use, TruFit Athletic Clubs shall have the right to impose a penalty against the User or restrict, suspend, or terminate the User’s account or subscription of any Service without any liability to the User. TruFit Athletic Clubs shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by TruFit Athletic Clubs. The penalties that TruFit Athletic Clubs may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as TruFit Athletic Clubs may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms of Use, a User would be considered as being in breach of the Terms of Use in any of the following circumstances:
1. TruFit Athletic Clubs has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
2. TruFit Athletic Clubs has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
3. TruFit Athletic Clubs believes that the User’s actions may cause financial loss or legal liability to TruFit Athletic Clubs, our customers, or our affiliates or any other Users.
TruFit Athletic Clubs reserves the right to disclose certain User information in order to comply with its legal obligations, including but not limited to a response to a subpoena or other judicial order, to protect and defend the rights or property of TruFit Athletic Clubs, to prevent or investigate possible wrongdoing in connection with the Service, to protect the personal safety of Users of the Service or the public, to protect against legal liability, or to pursue a claim or prevent further injury to TruFit Athletic Clubs as set forth in our Privacy Policy.
If a User is in breach of the Terms of Use, TruFit Athletic Clubs also reserves the right to publish the records of such breach on the Site in accordance with the Privacy Policy. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, TruFit Athletic Clubs also reserves the right to disclose the records of such breach to our affiliates. Such TruFit Athletic Clubs affiliates may impose limitation on, suspend or terminate the User’s use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User’s breach of the Terms of Use on the websites operated by or controlled by such TruFit Athletic Clubs affiliates. TruFit Athletic Clubs is not liable to User for any actions TruFit Athletic Clubs’s affiliates may take upon notification of said breach.
TruFit Athletic Clubs may, at any time and in our reasonable discretion, impose limitations on, suspend, or terminate the User’s use of any Service or the Site without being liable to the User if TruFit Athletic Clubs has received notice that the User is in breach of any agreement or undertaking with any affiliate of TruFit Athletic Clubs and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. TruFit Athletic Clubs shall have the right to publish the records of such breach on the Site. TruFit Athletic Clubs shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs and attorney’s fees on a full indemnity basis) which may arise from such User’s submission, posting or display of any User Content, from User’s use of the Site or Service, or from User’s breach of the Terms. TruFit Athletic Clubs reserves the right to assume the defense and control of any matter subject to indemnification by the Customer, in which event the Customer shall cooperate with TruFit Athletic Clubs in asserting any available defenses.
Each User further agrees that TruFit Athletic Clubs is not responsible and shall have no liability to such User or anyone else, for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. TruFit Athletic Clubs reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with TruFit Athletic Clubs in asserting any available defenses.

7. Transactions made through the Site

TruFit Athletic Clubs provides electronic web-based platforms for exchanging information between buyers and sellers of products and services, marketplace to facilitate the purchase and sale of services related to the Service (including services regarding account setup, configuration, business processes, ongoing business and technical support, and integration of the Service with third-party products and services). TruFit Athletic Clubs additionally provides electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. However, for any Service, TruFit Athletic Clubs does not represent either the seller or the buyer in specific transactions. TruFit Athletic Clubs does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. TruFit Athletic Clubs uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paid service on the Site. However, because verification on the Internet is difficult, TruFit Athletic Clubs cannot and does not confirm each User’s purported identity (including, without limitation, paying Users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Service, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate any rights of third parties, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that TruFit Athletic Clubs shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Service, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
User agrees to provide all information and materials as may be reasonably required by TruFit Athletic Clubs in connection with such User’s transactions conducted on, through or as a result of use of the Site or Service. TruFit Athletic Clubs has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify TruFit Athletic Clubs (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TruFit Athletic Clubs ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND TruFit Athletic Clubs HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TruFit Athletic Clubs MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; TruFit Athletic Clubs DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TruFit Athletic Clubs MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to the TruFit Athletic Clubs System or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from TruFit Athletic Clubs or through or from the Site shall create any warranty not expressly stated herein.
The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall TruFit Athletic Clubs and our affiliates be held liable for any such services or products.
Each User hereby agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs and attorney’s fees on a full indemnity basis) which may arise from such User’s use of the Site or Service (including but not limited to the display of such User’s information on the Site) or from your breach of any of the terms and conditions of the Terms of Use. Each User hereby further agrees to indemnify and hold harmless TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to TruFit Athletic Clubs, including but not limited to those set forth in Section 5 and 10 hereunder.
Each User hereby further agrees to indemnify and hold TruFit Athletic Clubs, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to products offered or displayed on the Site. Each User hereby further agrees that TruFit Athletic Clubs is not responsible and shall have no liability, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. TruFit Athletic Clubs reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TruFit Athletic Clubs in asserting any available defenses.
TruFit Athletic Clubs shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
1. the use or the inability to use the Site or Service, including loss of data or downtime;
2. any malfunction on the Site or with the Service, including failure to deliver notifications to Users and Users;
3. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
4. violation of rights of third parties or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate the rights of any third parties; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties;
5. unauthorized access by third parties to data or private information of any User;
6. statements or conduct of any User of the Site, including misleading, malicious, or criminal use of the Service by a User; and
7. any matters relating to Service however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate liability of TruFit Athletic Clubs, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Service during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to TruFit Athletic Clubs or our affiliates during the calendar year and (b) US$100.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Service must be filed within one (1) year from the date the cause of action arose.
Users — not TruFit Athletic Clubs — are solely responsible for compliance with any and all privacy laws in such User’s jurisdiction, including HIPAA and HITECH compliance.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not TruFit Athletic Clubs has been advised of or should have been aware of the possibility of any such losses arising.

9. Force Majeure

Under no circumstances shall TruFit Athletic Clubs be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

10. Intellectual Property Rights

The Site and Service, features and functionality are owned by TruFit Athletic Clubs and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted
material, except to the extent permitted under these Terms of Use. If you have doubts about whether and how to use of material on the Site, please address your concerns to wecare@clubtrufit.com
Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
1. be true, accurate, complete and lawful;
2. not be false, misleading or deceptive;
3. not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
4. not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5. not violate other Terms or any applicable Additional Agreements
6. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
7. not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
8. not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;
9. not promote any illegal activity, or advocate, promote or assist any unlawful act;
10. not contain any link directly or indirectly to any other web site which includes any content that may violate the Terms of Use.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you
using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.
You hereby grant TruFit Athletic Clubs a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content you post, display or provide to TruFit Athletic Clubs or our representative(s) in connection with the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site a non- exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Site Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Site Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Site Content from the Service.
You are permitted to use the Site for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Use. Prohibited uses include violation of laws and regulations, hacking the Site in any manner, or violating the Content Standards set below. No right, title or interest in or to the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and can lead to account termination.

11. Notices

All legal notices or demands to or upon TruFit Athletic Clubs shall be made in writing and sent to TruFit Athletic Clubs by courier, certified mail, or facsimile to the following address: TruFit Athletic Clubs, 8610 Broadway, San Antonio, TX 78210. The notices shall be effective when they are received by TruFit Athletic Clubs in any of the above-mentioned manner.

All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to TruFit Athletic Clubs, or by posting such notice or demand on an
area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) TruFit Athletic Clubs is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon TruFit Athletic Clubs posting such notice on an area of the Site that is publicly accessible without charge.
You agree that all agreements, notices, demands, disclosures and other communications that TruFit Athletic Clubs sends to you electronically satisfy the legal requirement that such communication should be in writing.

12. Specific Copyright Infringement Notices

We do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice should be addressed via Certified Mail to: TruFit Athletic Clubs, c/o Legal 8610 Broadway, San Antonio, TX 78210.

13. Dispute Resolution and Arbitration Agreement

Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Jury Trial Waiver. You and TruFit Athletic Clubs acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
No Class Actions or Representative Proceedings. You and TruFit Athletic Clubs acknowledge and agree that we are each waiving the right to participate as a plaintiff or class Customer in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and TruFit Athletic Clubs both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute.
Severability as to Arbitration Agreement. Except as provided in Section 13.4, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
To the extent allowed by law, this Section 13 will survive any termination of these Terms of Use and will continue to apply even if you stop using the TruFit Athletic Clubs System or Site.
General Provisions
TruFit Athletic Clubs and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Use.
The Terms of Use constitutes the entire agreement between you and TruFit Athletic Clubs and govern your use of the Service, superseding any prior agreements
(including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
TruFit Athletic Clubs’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of TruFit Athletic Clubs’s right to act with respect to subsequent or similar breaches.
TruFit Athletic Clubs shall have the right to assign the Terms of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of TruFit Athletic Clubs). You may not assign, in whole or part, the Terms of Use to any person or entity.
The Terms shall be governed by the laws of the State of Texas and Tennessee, and the United States of America without regard to its conflict of law provisions.

RULES & REGULATION

The following Membership Policies and Club Rules and Regulations (“Rules & Regulations”) are a part of the Membership Agreement. You, the member, agree to abide by the Rules and Regulations and other rules as posted which may vary depending on the club location and services offered. TruFit Athletic Clubs may change the Rules and Regulations without notice at any time. TruFit Athletic Clubs will post any such changes at the clubs. The Rules and Regulations and the individual club rates apply to members as well as their family members, guest, and invitees (collectively “guests”) while in, on or about the club premises.

Membership Types and Services

Membership types and services are subject to change without notice and are not necessarily available at all clubs. If a service is eliminated and additional fees were charged for that service, the fees will be discontinued upon members’ request. No fees reductions will be made to services that are provided at no additional charge are discontinued. Club classifications are subject to change without notice or fee adjustments. Please visit our website at www.trufitathleticclubs.com.

Rules and Regulations

Upon entering the club, all members are required to present their active membership card or driver’s license or other government issued picture identification. If you do not have your membership card or proper identification, TruFit Athletic Clubs may prohibit your use of the facilities or may charge a guest fee for use of the facilities for that day.
All guests must sign a medical and injury release form prior to using the club facilities and follow all Rules and Regulations. Minors with membership ages 10-14 must be accompanied by a parent or guardian on the workout ﬂoor at all times. Ages 15-17 can workout on their own with a parent or guardian signature. (Minors must have membership and cannot be brought in as a guest). All guests using a Guest Pass may only do so one time during any six-month period and must arrange for a brief tour of the club at least 24 hours in advance of their arrival and provide proof that their residence is within 25 miles of the club. Guest fees are subject to change without notice. TruFit Athletic Clubs may restrict the number of guests brought by a member and reserves the right to discontinue guest privileges in its sole and absolute discretion.
During club use, all members and guests will refrain from engaging in loud, foul or slanderous language or molesting badgering or harassing other members or club employees, agents and contractors. Threatening or violent conduct is prohibited.
Members and guest will abide by and fully comply with the TruFit Athletic Clubs dress code for proper attire on the club premises. In add-on for safety reasons, clubs may post required attire.
No member or guest may coach or train other members or guests (as determined solely by TruFit Athletic Clubs). Members may not engage in any type of business or enterprise while at the TruFit Athletic Clubs.
From time to time, TruFit Athletic Clubs may permit independent contractors to offer products or services to members. TruFit Athletic Clubs does not stand behind or in any way make any representations or warranties concerning or guarantee the quality or reliability of these products or services, including whether or not these independent contractors will remain in business for any period of time.
Members should not bring valuables, including money, onto the club premises, lockers or parking areas. Each member understands and agrees that TruFit Athletic Clubs will not be liable for the loss, theft of, damage to the personal property of members or guests.
Members and guests may not bring illegal drugs, steroids, or alcoholic beverages onto TruFit Athletic Clubs premises.
In the event of an emergency, members or guests may use the front desk telephone.
Members and guests will abide by any additional TruFit Athletic Clubs rules and regulations posted at the clubs. ie: no dropping weights, no cursing, members must re-rack their own weights, no chalk, bring a sweat towel…etc…

WARNING

USE OF STEROIDS TO INCREASE STRENGTH OR GROWTH CAN CAUSE SERIOUS HEALTH PROBLEMS. STEROIDS CAN KEEP TEENAGERS FROM GROWING TO THEIR FULL HEALTH. THEY CAN ALSO CAUSE HEART DISEASE, STROKE, AND DAMAGED LIVER FUNCTION. TruFit Athletic Clubs does not condone steroid use and will report any knowledge of steroid use in the clubs to the proper authorities.

ABC TERMS & CONDITIONS

Texas Monthly

Texas Health Club Registration Numbers: Brownsville Boca Chica Rd 20170188, Edinburg Cornerstone Blvd 20100137, Edinburg Trenton Rd 20170193, Harlingen Ed Carey 20180145, Lubbock 34st St 20190044, Lubbock 4th St 20190045, Lubbock 82nd St 20190046, McAllen 10th St 20170194, McAllen 23rd St 20170189, McAllen Ridge Rd 20100138, McAllen Ware Rd 20150138, Midland Meta Dr 20190112, Midland Midland Dr 20190113, Mission Conway 20180044, Mission Griffin Pkwy 20100139, Odessa N County Rd 20190110, San Angelo Sunset Dr 20190111, San Antonio 410 & Bandera 20170192, San Antonio Walzem Rd 20170191, Weslaco W Expy 83 20140072, Amarillo I40 & Bell St 20210029, Brownsville Sunrise Mall 20210031, College Station Villa Maria 20180045, College Station Bryan Towne Ctr 20180047, College Station Longmire 20180043, College Station Texas Ave 20180056, Edinburg University Dr 20210147, El Paso Sunland Mall 20200094, Killeen Ft Hood 20200110, Laredo Mall Del Norte 20190053, Mission E Expy 83 20210153, San Antonio S New Braunfels Ave 20210030, San Antonio SW Military & Flores 20180046, San Antonio SW Military & Zarzamora PENDING, San Antonio Park N Ctr 20200093, San Antonio Pat Booker Rd 20180042.
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. 20580.

MEMBERSHIP PRIVILEGES, NOTICES, DISCLOSURES & AGREEMENTS

Renewal Program Options

MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time after completing the first 30 days of the membership by providing a written notice. The written notice must be mailed by certified mail to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. Thirty (30) days notice is required to cancel and the member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.

TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated, on the indicated date. Cancellation of Renewal and/or any additional Payment Schedules set forth by this agreement, will require a 30-day notice and can be submitted by providing a written notice. The written notice must be mailed by certified mail to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.

PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the term obligation date. An Annual Membership fee of the indicated amount will be billed on the indicate date and each year thereafter. Membership may be downgraded after 90 days. Agreements The initial draft of your payment method will occur on the above listed Payment Date. Membership Dues payments will continue each month thereafter on the same day of the month. Amounts shown are Pre-Tax. Current sales tax will be added onto the amount shown above.

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. A SERVICE FEE OF $20.00 WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. The amounts of service fees and late fees are subject to change from time to time without notice. If the MEMBER is paying monthly dues by electronic funds transfer (EFT) or by credit or debit card, the club and its third-party billing service provider(s) (collectively, the “Company”), reserves the right to draft via EFT, credit card, or debit card (as applicable) 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 EFT are subject to $10.00 per payment increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement. Alternate Billing: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including membership related obligations, retail transactions and/or online purchases to any form of payment you have provided as until such time as you revoke your authorization for that method of payment by written notice delivered to the club in person or preferably by certified or registered mail to the address listed above. 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.

REQUEST FOR PREAUTHORIZED PAYMENT

We hereby request the privilege of paying to the club (the “Club”) and/or the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), and further authorize the Club and Service Provider 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 of:
Subject to the following conditions:

By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00.
By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: www.abcfitness.com/terms-conditions/.
The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider if any item is not paid upon presentation.
If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.
This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement,
including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
This preauthorization payment arrangement shall apply to the Applicant(s) listed:

Notice to Purchaser (You, Buyer)

DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.
IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: TRUFIT 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217.
IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY: A. CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS: TRUFIT 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217; and
B. FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY THE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.

IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: TRUFIT 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217.
The member may also cancel the contract at any time after the date of this contract upon personally moving their domicile a distance of more than eight (8) miles from their current residence (as shown in this contract) and more than thirty (30) miles from any of our facilities as stated on this contract. In the event that the Member desires to cancel the contract, Seller is allowed to require proof acceptable to them. As such Seller requires that the Member provides a 30 day notice and submit to Seller herein all necessary supporting documentation at club location or by certified mail, return receipt requested to the following address: Trufit 8610 Broadway Suite 310 San Antonio, Texas 78217.
IF THE HEALTH SPA IS RENDERED UNUSABLE FOR 30 CONSECUTIVE DAYS OR LONGER BECAUSE OF AN EVENT BEYOND THE CONTROL OF THE OWNER OR OPERATOR OF THE HEALTH SPA, INCLUDING A NATURAL DISASTER, THE HEALTH SPA SHALL EXTEND THE TERM OF EACH AFFECTED MEMBER’S CONTRACT FOR A PERIOD EQUAL TO THE TIME THAT THE HEALTH SPA IS RENDERED UNUSABLE.
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 AMOUNTS PAID BY THE DEBTOR HEREUNDER.

TERMS AND CONDITIONS

Identity: Hereinafter Tru Fit Athletic Club(s), or the club, shall be used interchangeably to represent the club as well as its parent company of Cornerstone Fitness Texas, L.L.C.

Liability Waiver: It is expressly agreed that all use of the fitness facilities shall be undertaken by buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to buyer or his guest, nor the property of any buyer or his guests, nor to be subject to any claim, demand, or damages whatsoever including, but not limited to, those damages resulting from acts of active or passive negligence on the part of the Seller, its successors, assigns, officers, and agents. It is further specifically agreed that the Seller shall not be responsible or liable to Buyer or his guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or properties, or to the property of any Buyer by another Buyer or his guests, is the sole responsibility of the offending buyer. Buyer agrees that he is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, Guests, or the property or either. Buyer further agrees to indemnify the Seller of any loss caused by the Buyer for which the Seller is accused or be held liable including reasonable attorney fees.

Transferability: Member understands this agreement provides for only the specifically listed parties to utilize club facilities. Member is not allowed to transfer, loan, or allow others access to club facilities.

Members duty to Pay: Member understands that a failure to utilize club facilities for any reason does not void this agreement nor negate the members obligation to pay agreed upon fees and dues.
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 TRUFIT Athletic Clubs and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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.

Tanning Acknowledgements: By signing this agreement, Member acknowledges (i) that Tru Fit Athletic Clubs has instructed the member on (a) the proper position to maintain relative to the tanning lamps, (b) the position of the safety railing, where applicable, (c) the manual switch device to terminate radiation, and (d) maximum time of exposure; (ii) that Member has presented to the club representative a written prescription from a medical physician specifying the need for tanning, the number of visits, and the exposure time per visit: (iii) that Member has been provided with protective eyewear and agrees to use the eyewear throughout each tanning session; (iv) that failure to use the protective eyewear as specified herein (a) may result in severe burns or long-term injury to the eyes and (b) will result in the forfeiture of all tanning services; (v) that medications or cosmetics may increase sensitivity to the ultraviolet radiation; (vi) that member should avoid overexposure to tanning beds; (vii) that overexposure can cause eye and skin injury and allergic reactions’ (viii) that repeated exposure may cause premature aging of the skin and skin cancer; and (ix) that Member should consult a physician before using sunlamp or tanning equipment if Member is using medications or has a history of skin problems or is especially sensitive to sunlight.

Price/Rate Changes: Month to Month membership dues and annual fee prices are subject to change. In the event of a dues increase, members will be notified by club signage, as well as email (provided a valid email address is provided on the members agreement).

Sales tax: Membership dues and annual fee sales taxes maybe updated by the State. These changes will take effect upon the date set forth by the sales tax authority. Club signage will announce this change.

Club Rules: Member acknowledges that the club must institute rules to protect members, employees, from unnecessary risks, as well as to create an atmosphere conducive to safe, fun, and family friendly physical fitness. Rules may change without notice, and maybe either written or verbally given by club staff. Failure to follow guidance given by posted or spoken rules may result in Member’s removal from the club, cancellation of membership agreement, as well as forfeiture of all prepaid membership dues.

KIDS CLUB WAIVER: You agree that you are aware that your child(ren) may be engaging in physical exercise involving various activities, which could result in injury. You agree that your child(ren) are voluntarily participating in these activities and that you assume all risk of injury to your child(ren) that may result while in our kid’s club facility. We will make no evaluation or condition that may impair their ability to engage in any of these activities. It is your responsibility to notify us of such limitations and/or obtain a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for accidents, injuries or illnesses that might occur while on the premises of TRUFIT Athletic Clubs which or arise out of the same. Additionally, by signing this agreement you agree to waive any claims or rights that you might have against a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for any action or claim related to or arising out of a child’s participation in TRUKIDS, including drop-off and pick-up . When registering each child, the parent accepts all responsibility for the safety of the child and agrees that TRUFIT is to be held harmless and free of any liability for any possible accident, injury, or illness incurred while visiting TRUKIDS. I have been reviewed the posted TRUKIDS guidelines and will follow the TRUKIDS policies. I expressly acknowledge and agree that the only person(s) authorized to drop off and pick up children from the TRUKIDS program are the parent and/or guardian who signs this agreement and any listed on the TRUKIDS Information Card (Authorized Parent/Guardian). Children will not be released to any person other than an Authorized Parent/Guardian and it is your responsibility to keep this information current Tru Fit reserves the right to require any person dropping off or picking up a child from TRUKIDS to present valid identification. I understand TRUKIDS hours and guidelines may change at the sole discretion of the club.

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 the city of your club location and state of your club location 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.

E-SIGN Consent. Certain laws and regulations may require TRUFIT Athletic Clubs and/or its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 the Company and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company 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 the Company. 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 the Company, 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 the Company.

FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER: ABC FITNESS SOLUTIONS, AT:

1-888-827-9262
www.abcfitness.com

ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.

Texas Bi-weekly

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. 20580.

Membership Privileges, Notices, Disclosures & Agreements: Agreements The initial draft of your payment method will occur on the above listed Payment Date. Membership Dues payments will continue each every two weeks thereafter on the same day of the month. Amounts shown are Pre-Tax. Current sales tax will be added onto the amount shown above.

Alternate Billing: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including membership related obligations, retail transactions and/or online purchases to any form of payment you have provided as until such time as you revoke your authorization for that method of payment by written notice delivered to the club in person or preferably by certified or registered mail to the address listed above.
Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your recurring 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 recurring membership dues by the amount of such increase. If you have requested the privilege of paying your recurring dues by pre-authorized electronic funds transfer, the recurring amount so transferred will be adjusted to reflect any increase in the sales tax rate

Renewal Program Options

MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time after completing the first 30 days of the membership by completing the electronic cancellation form available at www.myiclubonline.com or by
providing a written notice. The written notice may be emailed to memberservices@abcfitness.com or mailed to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. Thirty (30) days notice is required to cancel and the member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel period. Recurring payments will continue until Member cancels this Agreement and Agreement expires.

TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated , on the indicated date. Cancellation of Renewal and/or any additional Payment Schedules set forth by this agreement, will require a 30-day notice and can be submitted by providing a written notice. The written notice may be emailed to memberservices@abcfitness.com, mailed to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217, or by completing the electronic cancellation form available at www.myiclubonline.com. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees. Recurring payments will continue until Member cancels this Agreement and Agreement expires.

Automatic Renewal Clause: You acknowledge and agree that this agreement will automatically renew and will continue until you cancel, in accordance with the terms and fees described above.

NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER (US, CORNERSTONE FITNESS TEXAS, LLC) 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.
You agree to the terms of this agreement, and you acknowledge that you have reviewed all terms, including the payment amounts and details. Further, you understand that cancellation of the agreement to stop charges may be submitted through the methods identified in the agreement.

REQUEST FOR PREAUTHORIZED PAYMENT

We hereby request the privilege of paying to the club (the “Club”) and/or the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), and further authorize the Club and Service Provider 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 of:
Subject to the following conditions:
1. By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
2. If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider 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. You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00.
4. By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: www.abcfitness.com/terms-conditions/.
5. The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider 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. You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.
8. This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
9. This preauthorization payment arrangement shall apply to the Applicant(s) listed:

Notice to Purchaser (You, Buyer)

TERMS AND CONDITIONS

Identity: Hereinafter Tru Fit Athletic Club(s), or the club, shall be used interchangeably to represent the club as well as its parent company of Cornerstone Fitness Texas, L.L.C.
Liability Waiver: It is expressly agreed that all use of the fitness facilities shall be undertaken by buyer at his or her own risk. It is further agreed that the Seller shall not be liable for any injuries or damage to buyer or his guest, nor the property of any buyer or his guests, nor to be subject to any claim, demand, or damages whatsoever including, but not limited to, those damages
resulting from acts of active or passive negligence on the part of the Seller, its successors, assigns, officers, and agents. It is further specifically agreed that the Seller shall not be responsible or liable to Buyer or his guests, including their automobiles and the contents thereof. It is also agreed that any damages to the Club facilities or properties, or to the property of any Buyer by another Buyer or his guests, is the sole responsibility of the offending buyer. Buyer agrees that he is responsible for any damages caused by Buyer to the facilities and equipment, and for any personal injury or property damage caused by Buyer to any other Buyer, Guests, or the property or either. Buyer further agrees to indemnify the Seller of any loss caused by the Buyer for which the Seller is accused or be held liable including reasonable attorney fees.
Transferability: Member understands this agreement provides for only the specifically listed parties to utilize club facilities. Member is not allowed to transfer, loan, or allow others access to club facilities.
Members duty to Pay: Member understands that a failure to utilize club facilities for any reason does not void this agreement nor negate the members obligation to pay agreed upon fees and dues.
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 TRUFIT Athletic Clubs and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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.
Tanning Acknowledgements: By signing this agreement, Member acknowledges (i) that Tru Fit Athletic Clubs has instructed the member on (a) the proper position to maintain relative to the tanning lamps, (b) the position of the safety railing, where applicable, (c) the manual switch device to terminate radiation, and (d) maximum time of exposure; (ii) that Member has presented to the club representative a written prescription from a medical physician specifying the need for tanning, the number of visits, and the exposure time per visit: (iii) that Member has been provided with protective eyewear and agrees to use the eyewear throughout each tanning session; (iv) that failure to use the protective eyewear as specified herein (a) may result in severe burns or long-term injury to the eyes and (b) will result in the forfeiture of all tanning services; (v) that medications or cosmetics may increase sensitivity to the ultraviolet radiation; (vi) that member should avoid overexposure to tanning beds; (vii) that overexposure can cause eye and skin injury and allergic reactions’ (viii) that repeated exposure may cause premature aging of the skin and skin cancer; and (ix) that Member should consult a physician before using sunlamp or tanning equipment if Member is using medications or has a history of skin problems or is especially sensitive to sunlight.
Price/Rate Changes: Month to Month membership dues and annual fee prices are subject to change. In the event of a dues increase, members will be notified by club signage, as well as email (provided a valid email address is provided on the members agreement).
Sales tax: Membership dues and annual fee sales taxes maybe updated by the State. These changes will take effect upon the date set forth by the sales tax authority. Club signage will announce this change.
Club Rules: Member acknowledges that the club must institute rules to protect members, employees, from unnecessary risks, as well as to create an atmosphere conducive to safe, fun, and family friendly physical fitness. Rules may change without notice, and maybe either written or verbally given by club staff. Failure to follow guidance given by posted or spoken rules may result in Member’s removal from the club, cancellation of membership agreement, as well as forfeiture of all prepaid membership dues.
KIDS CLUB WAIVER: You agree that you are aware that your child(ren) may be engaging in physical exercise involving various activities, which could result in injury. You agree that your child(ren) are voluntarily participating in these activities and that you assume all risk of injury to your child(ren) that may result while in our kid’s
club facility. We will make no evaluation or condition that may impair their ability to engage in any of these activities. It is your responsibility to notify us of such limitations and/or obtain a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for accidents, injuries or illnesses that might occur while on the premises of TRUFIT Athletic Clubs which or arise out of the same. Additionally, by signing this agreement you agree to waive any claims or rights that you might have against a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for any action or claim related to or arising out of a child’s participation in TRUKIDS, including drop-off and pick-up . When registering each child, the parent accepts all responsibility for the safety of the child and agrees that TRUFIT is to be held harmless and free of any liability for any possible accident, injury, or illness incurred while visiting TRUKIDS. I have been reviewed the posted TRUKIDS guidelines and will follow the TRUKIDS policies. I expressly acknowledge and agree that the only person(s) authorized to drop off and pick up children from the TRUKIDS program are the parent and/or guardian who signs this agreement and any listed on the TRUKIDS Information Card (Authorized Parent/Guardian). Children will not be released to any person other than an Authorized Parent/Guardian and it is your responsibility to keep this information current Tru Fit reserves the right to require any person dropping off or picking up a child from TRUKIDS to present valid identification. I understand TRUKIDS hours and guidelines may change at the sole discretion of the club.
Texas Health Club Registration Numbers: Brownsville Boca Chica Rd 20170188, Edinburg Cornerstone Blvd 20100137, Edinburg Trenton Rd 20170193, Harlingen Ed Carey 20180145, Lubbock 34st St 20190044, Lubbock 4th St 20190045, Lubbock 82nd St 20190046, McAllen 10th St 20170194, McAllen 23rd St 20170189, McAllen Ridge Rd 20100138, McAllen Ware Rd 20150138, Midland Meta Dr 20190112, Midland Midland Dr 20190113, Mission Conway 20180044, Mission Griffin Pkwy 20100139, Odessa N County Rd 20190110, San Angelo Sunset Dr 20190111, San Antonio 410 & Bandera 20170192, San Antonio Walzem Rd 20170191, Weslaco W Expy 83 20140072, Amarillo I40 & Bell St 20210029, Brownsville Sunrise Mall 20210031, College Station Villa Maria 20180045, College Station Bryan Towne Ctr 20180047, College Station Longmire 20180043, College Station Texas Ave 20180056, Edinburg University Dr 20210147, El Paso Sunland Mall 20200094, Killeen Ft Hood 20200110, Laredo Mall Del Norte 20190053, Mission E Expy 83 20210153, San Antonio S New Braunfels Ave 20210030, San Antonio SW Military & Flores 20180046, San Antonio SW Military & Zarzamora PENDING, San Antonio Park N Ctr 20200093, San Antonio Pat Booker Rd 20180042.
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 the city of your club location and state of your club location 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.
E-SIGN Consent. Certain laws and regulations may require TRUFIT Athletic Clubs and/or its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 the Company and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company 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 the Company. 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 the Company, 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 the Company.

FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER ABC FITNESS SOLUTIONS, AT:

1-888-827-9262
www.abcfitness.com

ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.

Tennessee Monthly

MEMBERSHIP PRIVILEGES, NOTICES, DISCLOSURES & AGREEMENTS

Renewal Program Options
MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time after completing the first 30 days of the membership by completing the electronic cancellation form available at www.myiclubonline.com or by providing a written notice. The written notice must be mailed by certified mail to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. Thirty (30) days notice is required to cancel and the member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel.

TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the member is not in default of this agreement and subject to the terms and conditions hereof, this membership agreement will automatically renew at the rate of the indicated amount, on the indicated date. Cancellation of Renewal and/or any additional Payment Schedules set forth by this agreement, will require a 30-day notice and can be submitted by completing the electronic cancellation form available at www.myiclubonline.com or by providing a written notice. The written notice must be mailed by certified mail to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated number of month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.

PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the term obligation date.
An Annual Membership fee of the indicated amount will be billed on the indicated date and each year thereafter.
Memberships available for downgrade after 90 days. The initial draft of your payment method will occur on the above listed Payment Date. Membership Dues payments will continue each month thereafter on the same day of the month. Amounts shown are Pre-Tax. Current sales tax will be added onto the amount shown above.

Alternate Billing: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including membership related obligations, retail transactions and/or online purchases to any form of payment you have provided as until such time as you revoke your authorization for that method of payment by written notice delivered to the club in person or preferably by certified or registered mail to the address listed above.
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.

SHOULD YOU (THE BUYER) CHOOSE TO PAY THIS AGREEMENT IN FULL, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH CLUB CEASES TO CONDUCT BUSINESS.
BUYER’S RIGHT TO CANCEL
YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: TRUFIT, 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217 WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.

REQUEST FOR PREAUTHORIZED PAYMENT

By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00.
By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: www.abcfitness.com/terms-conditions/.
The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider if any item is not paid upon presentation.
If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.
This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
This preauthorization payment arrangement shall apply to the Applicant(s) listed:

i. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IF THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.

ii. STATE LAW REQUIRES THAT ANY HEALTH CLUB AGREEMENT THAT IS NOT CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB THAT ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES THAT SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE:

Full payment within ninety (90) days after entering into the health club agreement; or
Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.

iii. PLEASE READ THIS CONTRACT CAREFULLY. THIS CONTRACT MAY CONTAIN PAYMENTS INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, ANNUAL FEES, MEMBERSHIP FEES, AND OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, INCLUDING FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS THAT ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD. ALL SUCH PAYMENTS MUST BE DISCLOSED IN THE CONTRACT.

iv. THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, THEN, UNLESS SUCH RENEWAL TERM IS CANCELLABLE ON THIRTY (30) DAYS’ NOTICE OR LESS, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).

v. A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT, PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS’ WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION AFTER A REQUIRED INITIAL TERM OF MORE THAN TWO (2) MONTHS, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH-TO-MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER’S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS’ WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.

vi. ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO TWENTY-FIVE DOLLARS ($25) IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.

Relocation: The member may also cancel the contract at any time after the date of this contract upon personally moving their domicile a distance of more than eight (8) miles from their current residence (as shown in this contract) and more than thirty (30) miles from any of our facilities as stated on this contract. In the event that the Member desires to cancel the contract, Seller is allowed to require proof acceptable to them. As such Seller requires that the Member provides a 30 day notice and submit to Seller herein all necessary supporting documentation at club location or by certified mail, return receipt requested to the following address: Trufit 8610 Broadway Suite 310 San Antonio, Texas 78217.

Disability /Medical: IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS: TRUFIT 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217.

Identity: Hereinafter Tru Fit Athletic Club(s), or the club, shall be used interchangeably to represent the club as well as its parent company of Cornerstone Fitness Texas, L.L.C.

Members duty to Pay: Member understands that a failure to utilize club facilities for any reason does not void this agreement nor negate the members obligation to pay agreed upon fees and dues.

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 Tru Fit Athletic Clubs and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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.

Tanning Acknowledgements: By signing this agreement, Member acknowledges
(i) that Tru Fit Athletic Clubs has instructed the member on (a) the proper position to maintain relative to the tanning lamps, (b) the position of the safety railing, where applicable, (c) the manaul switch device to terminate radiation, and (d) maximum time of exposure; (ii) that Member has presented to the club represenative a written prescription from a medical physician specifying the need for tanning, the number of visits, and the exposure time per visit: (iii) that Member has been provided with protective eyewear and agrees to use the eyewear throughout each tanning session; (iv) that failure to use the protective eyewear as specified herein (a) may result in severe burns or long-term injury to the eyes and (b) will result in the forfeiture of all tanning services; (v) that medications or cosmetics may increase sensitivity to the ultraviolet radiation; (vi) that member should avoid overexposure to tanning beds; (vii) that overexposure can cause eye and skin injury and allergice reactions’ (viii) that repeated exposure may cause premature aging of the skin and skin cancer; and (ix) that Member should consult a physician before using sunlamp or tanning equipment if Member is using medications or has a history of skin problems or is especially sensitive to sunlight.

Club Rules: Member acknowledges that the club must institute rules to protect members, employees, from unecassary risks, as well as to create an atmosphere conducive to safe, fun, and family freindly physical fitness. Rules may change without notice, and maybe either written or verbaly given by club staff. Failure to follow guidance given by posted or spoken rules may result in Member’s removal from the club, cancellation of membership agreement, as well as forfeiture of all prepaid membership dues.

KIDS CLUB WAIVER: You agree that you are aware that your child(ren) may be engaging in physical exercise involving various activities, which could result in injury. You agree that your child(ren) are voluntarily participating in these activities and that you assume all risk of injury to your child(ren) that may result while in our kid’s club facility. We will make no evaluation or condition that may impair their ability to engage in any of these activities. It is your responsibility to notify us of such limitations and/or obtain a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for accidents, injuries or illnesses that might occur while on the premises of TRUFIT Athletic Clubs which or arise out of the same. Additionally, by signing this agreement you agree to waive any claims or rights that you might have against a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for any action or claim related to or arising out of a child’s participation in TRUKIDS, including drop-off and pick-up . When registering each child, the parent accepts all responsibility for the safety of the child and agrees that TRUFIT is to be held harmless and free of any liability for any possible accident, injury, or illness incurred while visiting TRUKIDS. I have been reviewed the posted TRUKIDS guidelines and will follow the TRUKIDS policies. I expressly acknowledge and agree that the only person(s) authorized to drop off and pick up children from the TRUKIDS program are the parent and/or guardian who signs this agreement and any listed on the TRUKIDS Information Card (Authorized Parent/Guardian). Children will not be released to any person other than an Authorized Parent./Guardian and it is your responsibility to keep this information current Tru Fit reserves the right to require any person dropping off or picking up a child from TRUKIDS to present valid identification. I understand TRUKIDS hours and guidelines may change at the sole discretion of the club.

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.

E-SIGN Consent. Certain laws and regulations may require Tru Fit Athletic Clubs and/or its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 the Company and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company 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 the Company. 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 the Company, 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 the Company.

FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER ABC FITNESS SOLUTIONS, AT:

1-888-827-9262
www.abcfitness.com

ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.

Tennessee Bi-weekly

The initial draft of your payment method will occur on the above listed Payment Date. Membership Dues payments will continue each payment thereafter on the same day of the payment. Amounts shown are Pre-Tax. Current sales tax will be added onto the amount shown above.

Renewal Program Options:

MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time after completing the first 30 days of the membership by completing the electronic cancellation form available at www.myiclubonline.com or by providing a written notice. The written notice may be emailed to memberservices@abcfitness.com or mailed to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. Thirty (30) days notice is required to cancel and the member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel period.

TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the member is not in default of this agreement and subject to the terms and conditions hereof, this membership agreement will automatically renew at the rate indicated, on the indicated date. Cancellation of Renewal and/or any additional Payment Schedules set forth by this agreement, will require a 30-day notice and can be submitted by completing the electronic cancellation form available at www.myiclubonline.com or by providing a written notice. The written notice may be emailed to memberservices@abcfitness.com or mailed l to the following address: Trufit Corporate Office – 8610 Broadway, Suite 310, San Antonio, TX 78217. The member will be required to make payments that are due within the 30 day notice to cancel period. This agreement has a payment term obligation that must be
fulfilled prior to cancellation in order to avoid any early cancellation fees.

YOU (THE BUYER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE SENT BY REGISTERED MAIL TO THE FOLLOWING ADDRESS: TRUFIT, 8610 BROADWAY, SUITE 310, SAN ANTONIO, TX 78217 WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.

REQUEST FOR PREAUTHORIZED PAYMENT
We hereby request the privilege of paying to the club (the “Club”) and/or the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), and further authorize the Club and Service Provider 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 of:
Subject to the following conditions:

By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any card or bank debit, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00.
By executing this authorization, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for Your review at the Service Provider’s website: www.abcfitness.com/terms-conditions/.
The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider if any item is not paid upon presentation.
If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s). You agree to promptly notify the Club and/or its Agents if your payment information changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein.
This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in Your Membership Agreement will apply to revoking this authorization. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
This preauthorization payment arrangement shall apply to the Applicant(s) listed:

Full payment within ninety (90) days after entering into the health club agreement; or
Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.

Relocation: The member may also cancel the contract at any time after the date of this contract upon personally moving their domicile a distance of more than eight (8) miles from their current residence (as shown in this contract) and more than thirty (30) miles from any of our facilities as stated on this contract. In the event that the Member desires to cancel the contract, Seller is allowed to require proof acceptable to them. As such Seller requires that the Member provides a 30 day notice and submit to Seller herein all necessary supporting documentation at club location or by email to memberservices@abcfitness.com or by mail to the following address: Trufit 8610 Broadway Suite 310 San Antonio, Texas 78217.

Identity: Hereinafter Tru Fit Athletic Club(s), or the club, shall be used interchangeably to represent the club as well as its parent company of Cornerstone Fitness Texas, L.L.C.

Members duty to Pay: Member understands that a failure to utilize club facilities for any reason does not void this agreement nor negate the members obligation to pay agreed upon fees and dues.

Tanning Acknowledgements: By signing this agreement, Member acknowledges (i) that Tru Fit Athletic Clubs has instructed the member on (a) the proper position to maintain relative to the tanning lamps, (b) the position of the safety railing, where
applicable, (c) the manual switch device to terminate radiation, and (d) maximum time of exposure; (ii) that Member has presented to the club representative a written prescription from a medical physician specifying the need for tanning, the number of visits, and the exposure time per visit: (iii) that Member has been provided with protective eyewear and agrees to use the eyewear throughout each tanning session; (iv) that failure to use the protective eyewear as specified herein (a) may result in severe burns or long-term injury to the eyes and (b) will result in the forfeiture of all tanning services; (v) that medications or cosmetics may increase sensitivity to the ultraviolet radiation; (vi) that member should avoid overexposure to tanning beds; (vii) that overexposure can cause eye and skin injury and allergic reactions’ (viii) that repeated exposure may cause premature aging of the skin and skin cancer; and (ix) that Member should consult a physician before using sunlamp or tanning equipment if Member is using medications or has a history of skin problems or is especially sensitive to sunlight.

KIDS CLUB WAIVER: You agree that you are aware that your child(ren) may be engaging in physical exercise involving various activities, which could result in injury. You agree that your child(ren) are voluntarily participating in these activities and that you assume all risk of injury to your child(ren) that may result while in our kid’s club facility. We will make no evaluation or condition that may impair their ability to engage in any of these activities. It is your responsibility to notify us of such limitations and/or obtain a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for accidents, injuries or illnesses that might occur while on the premises of TRUFIT Athletic Clubs which or arise out of the same. Additionally, by signing this agreement you agree to waive any claims or rights that you might have against a physician’s statement describing any limitations and that they can participate in. By signing the document, you agree to waive any claims or rights that you might otherwise have against TRUFIT Athletic Clubs, our employees, owners, officers, and/or agents for any action or claim related to or arising out of a child’s participation in TRUKIDS, including drop-off and pick-up . When registering each child, the parent accepts all responsibility for the safety of the child and agrees that TRUFIT is to be held harmless and free of any liability for any possible accident, injury, or illness incurred while visiting TRUKIDS. I have been reviewed the posted TRUKIDS guidelines and will follow the TRUKIDS policies. I expressly acknowledge and agree that the only person(s) authorized to drop off and pick up children from the TRUKIDS program are the parent and/or guardian who signs this agreement and any listed on the TRUKIDS Information Card (Authorized Parent/Guardian). Children will not be released to any person other than an Authorized Parent./Guardian and it is your responsibility to keep this information current Tru Fit reserves the right to require any person dropping off or picking up a child from TRUKIDS to present valid identification. I understand TRUKIDS hours and guidelines may change at the sole discretion of the club.

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 the city of your club location and state of your club location 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.

FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PROVIDER ABC FITNESS SOLUTIONS, AT:

1-888-827-9262
www.abcfitness.com

ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.