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Terms & Conditions CLUB ENHANCEMENT FEE: $39 + tax per person.
The purpose of the annual club enhancement fee is to improve the equipment and services provided for the facilities. Members will be billed the CEF along with the billing of the monthly dues on the billing cycle that follows 90 days from the start date and annually every year after as long as you are an active member. Fee applies to each member up to 3 people. BUYER’S RIGHT TO CANCEL
You may cancel the transaction within three business days from the agreement date (). If you cancel, any payments made by you under the contract, less twenty dollars, per member, and any negotiable instrument executed by you will be returned within forty-five days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. After you cancel, the physical exercise club may request the return of all contracts, membership cards, and other documents or evidence of membership. To cancel this transaction, send or deliver a signed and dated copy of this cancellation notice or any other written notice by certified or registered mail to Tru Fit Athletic Clubs, Cornerstone Fitness Center/Tru Fit Athletic Clubs, 1201 E Ridge Rd Suite E, McAllen, Texas, 78503. I hereby cancel this transaction. Buyers Signature: _______________________________________
The Master Member has authority to cancel/change his/her billing at any time. The Master account or person who's billing is supplied for the purpose of EFT drafting, can remove his/her personal financial information at will. Subsequently, Tru Fit will alert any add-on who may no longer have valid billing information available, should this change occur during the term of said individual membership. The member associated with the Add-On account will then be responsible for providing their own valid billing information to continue use of the membership without interruption. ELECTRONIC FUNDS TRANSFER AUTHORIZATION
REQUEST FOR PREAUTHORIZED PAYMENT PLAN
I/We hereby request the privilege of paying to Paramount Acceptance, Holladay, UT 84117, under the Company’s Preauthorized Payment Plan and hereby request the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account of Subject to the following conditions
(1) The items shall be drawn on or about the date or dates of the Payment Schedule. The transactions on your bank statement will constitute receipts for payment on your account.
(2) If the regular payments set forth on the Payment Schedule should vary in amount, you are entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, you choose to instead get this notice only when the payment would differ by more than $50 from the most recent payment.
(3) By executing this agreement, you acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review at the Company’s web site www.paramountacceptance.com under terms and conditions.
(4) The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(5) If this preauthorization payment arrangement is revoked for any reason, this does not release you from your obligation (Payment Schedule).
(6) A service fee will be assessed and drafted for any check, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.
(7) This preauthorization payment arrangement shall apply to the Applicant(s) listed above. TANNING ACKNOWLEDGEMENTS By checking the box below, Member acknowledges (i) that Tru Fit Athletic of Texas, Tru Fit Athletic Club 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, if thirteen (13) years of age or younger, has presented to an Tru Fit Athletic of Texas LLC. 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 a 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 believe to be especially sensitive to sunlight.
I have read the above warning and understand what it means before undertaking any tanning equipment exposure. If the Member is illiterate and/or visually impaired then witness has read the warning statement aloud and in full to the Member. NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE COMPLETELY READ IT. Terms and Conditions of Agreement GENERAL Tru Fit Athletic of Texas LLC and you, the Paying Member, agree that by signing this agreement (Agreement), you purchased a membership or services and agree to all the terms in this Agreement. You also agree to follow Tru Fit Athletic’s most recent Membership Policies and any Club rules as published by Tru Fit Athletic from time to time. Ther terms You and Tru Fit Athletic include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries, and employees. As such, both parties make this Agreement on behalf of, and it binds all these included persons and entities. Further, you acknowledge that you are contractually able to bind all others enrolling under this Agreement to all the terms and conditions herein. For all purposes relating to this Agreement, the address of Tru Fit Athletic is: Cornerstone Fitness Center/Tru Fit Athletic Clubs, 1201 E Ridge Rd Suite E, McAllen, Texas, 78503. MEMBERSHIP 2(a)Nature of Membership: Your membership permits you to use Tru Fit Athletic’s premises, facilities, equipment and services (collectively called Facilities) as shown and limited by the membership identified on the front page. Your membership is transferrable by you for a fee and it does not give you any rights in Tru Fit Athletic, its management, property or operation. Tru Fit Athletic can sell memberships at different rates and terms than yours. 2(b) Club Privileges: If you purchased an all clubs membership, you will have access to any Tru Fit Athletic facility or affiliate. If you purchased an active clubs membership you only have access to Tru Fit Athletic Active Clubs. If you purchased a club of enrollment only (COE), you will have access to only the facility referenced on the front of this Agreement. Tru Fit Athletic reserves the right to charge an extra fee and/or extra dues (upgrade) for your use of any Facility not included in your Membership or for any Facility with additional services and/or amenities than those offered at the time you enrolled. 2(c) Special Promotions: Any special promotional membership regarding privileges, usage, hours or Facilities is valid at the club of enrollment only, unless otherwise noted. 2(d) Change of Address: It is your responsibility to notify Tru Fit Athletic of any change to your address, phone number or payment information. 2(e) Term of Membership: Under a Term Membership, you agree to pay a certain amount for a specific number of months, Term Period, as specified on the front. Your failure to use the membership or facilities does not relieve you of your liability of payment hereunder. Payment Buyer promises to pay Seller or to Seller’s Order the amounts specified in the table above according to the schedule shown therein. Buyer shall make all payments to the seller at the address of the seller shown herein unless Seller notifies Buyer in writing to make payments to a different address.
Terms of Membership and Renewal Options: All paid in full contracts will automatically cease at the end of the term specified. All month-to-month memberships will continue to draft monthly dues each month unless the Buyer advises the Seller in writing at least ten (10) days prior to the date of monthly dues draft of the Buyer’s intent to cancel the contract. If Buyer enters into a new paid in full or term contract, the monthly rate of the new contract will be at the Fitness center’s current membership rate regardless of member’s original rate. Month to month memberships are subject to price changes. All amounts due and unpaid upon cancellation shall be past due and drafts will continue and are in all things authorized at the agreed upon monthly amount even after cancellation until such past due amounts, plus late charges are fully satisfied. If the ability to draft such payment is eliminated or impaired in any manner, Seller may pursue such payment due amounts through any other means available. Monthly Dues increases Buyer acknowledges that Tru Fit may raise member dues after 12 months of enrollment by a maximum of $24 annually, but not to exceed more than 3 different annual increases, for a maximum increase of $72 annually. This increase will and can happen automatically on members automatic monthly billing, but not sooner than 12 months and not to increase above maximum allowed by the agreement. Cancellation During Term If you decide you do not wish to remain a member of this health club, you may cancel this contract by mailing to the health club by midnight of the third business day after the day you signed this contract a notice stating your desire to cancel this contract. The written notice must be mailed by certified mail to the following address: Cornerstone Fitness Center/Tru Fit Athletic Clubs, 1201 E Ridge Rd Suite E, McAllen, Texas, 78503. And if you are authorized to use the other facilities, you are entitled to receive a full refund of your membership fees only if this location does not fully open for business before 90 days or if the new spa does not remain open for thirty (30) days. You may cancel your Paid In Full membership and receive a refund of any unused prepaid monthly dues if you qualify as follows
(1) You are disabled or you die: your disability must physically prevent you from using the club’s facilities and a licensed physician must verify this fact in writing. In case of death, you estate must provide written evidence. In either case, Tru Fit Athletic will refund any unused prepaid monthly dues. If the event occurs during your initial Prepaid membership, Tru Fit Athletic will also refund a prorated portion of your Initiation Fee. (2) You Move: Your new residence must be more than 25 miles from club of enrollment and Tru Fit Athletic must be unable to transfer your membership to comparable facilities. You must provide written evidence of your move (utility bill, banking statement, etc). If Tru Fit Athletic chooses to transfer your membership, you must continue to pay your monthly dues to Tru Fit Athletic and you are not entitled to any refund. If Tru Fit Athletic does not transfer your membership, Tru Fit Athletic will refund any unused prepaid monthly dues and deduct a move fee of $100 or a move fee of $50 if more than half of your membership has expired.
Restrictions on Cancellation of Assignment: Your failure to use the membership or facilities does not relieve you of your liability for payment hereunder, or allow you to receive any payments back other than as described above. Your membership is also absolutely non-transferable, non-assignable, non-refundable and non-cancelable except as provided in this Agreement. You understand the Seller shall be entitled to sell, transfer, discount or assign this agreement to a financial institution or other entity without consent of the Buyer. Warning: If you have a history of heart-related diseases, you should consult a physician before purchasing a membership. A person entitled to membership privileges under this contract who has a history of a heart-related disease also should consult a physician before utilizing the programs and facilities of the Seller. Law Applicable: The laws of the State of Texas solely govern this agreement. Invalid Provision: If any provision of this agreement is declared to be void, invalid or unenforceable, it is the intention of all parties to the agreement that the remainder of the agreement will remain valid and enforceable. Liability: If more than one Buyer is signing this agreement, each Buyer is jointly and severally responsible to fully perform all obligations under this agreement. It is the Buyer’s responsibility to know whether this agreement is in default for non -payment or any other reason. No Waiver of Rights: Seller does not waive its right to have future payments received to pay the installments (including late charges, if any) in the order in which they are scheduled to be paid. Dishonored Check/Late Fee: If a check, draft, or order for the payment of money on any bank or other depository including, but not limited to, all credit card charges submitted by Buyer to Seller as payment is not honored by the bank, then Seller may add a fee of $25 or an amount equal to the actual charge by the depository institution for the return of any dishonored instruments, whichever is greater, to the unpaid balance under this agreement. Delinquent accounts submitted to collections or third party collections will be assessed a late charge in an amount equal to the lesser of five (5)% of the delinquent payment or $5. Default: You are in default if: (A) We do not receive an installment payment from you on or before the date is due or (B) you fail to fulfill any obligations or promises under this agreement including but not limited to full compliance with Club Rules and Regulations; and if you are in default your right to use the facilities may be suspended by Seller pending your curing of that default if curable, but your obligations to continue payment of any installment shall not be interrupted, and you will be responsible for the payment of court costs and reasonable attorney fees. Rules and Regulations: (attached to the agreement) I understand that violation of the rules may cause my membership in the club to be immediately suspended or terminated at the discretion of the Seller. In the event of suspension, you may be reinstated upon curing the violation, or payment for damages caused by it, but your obligation to continue payment of any installment shall not be interrupted and you will not be entitled to a refund of any prepaid amounts during the term of any such suspension. In the event of termination of membership by Seller for repeated rule violations, your liability for any payments occurring after the date of your membership by Seller for repeated rule violations, your liability for any payments occurring after the date of your membership expiration shall cease. Seller reserves the right to make additional rules and regulations as it deems necessary in its sole discretion. Liability Waiver: It is expressly agreed that all the 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, not the property of any buyer or his guests, nor 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 a 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 help liable including reasonable attorney fees. ANY HOLDER OF THE 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.