Terms & Conditions

PRE-AUTHORIZED PAYMENT/ELECTRONIC FUNDS TRANSFER AUTHORIZATION
& TERMS
I/We hereby request the privilege of paying to ABC Global Services (“The Company”), Sherwood, AR 72124, and further authorize the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed above.
IN ACCORDANCE WITH ALL OF THE PAYMENT TERMS, ALL FEES AND/OR DUES RELATED TO THE MEMBERSHIP PLAN OPTION ABOVE-WRITTEN, / HEREBY AUTHORIZE THE CLUB (OR IT’S DESIGNATED THIRD-PARTY BILLING COM-PANY) TO INITIATE PRE-AUTHORIZED ELECTRONIC DEBIT/ PAYMENT ENTRIES (BEGINNING ON THE FIRST DRAFT DATE) TO MY ACCOUNT FOR THE DOLLAR AMOUNT, FREQUENCY AND MINIMUM NUMBER OF PAYMENTS REQUIRED FOR THE SPECIFIED TERM TO FULFILL MY FINANCIAL OBL/GATION AS CONTAINED IN THIS AGREEMENT HEREIN. IN THE EVENT THAT A SCHEDULED PAYMENT/ DEBIT ENTRY FROM MY ACCOUNT IS RETURNED NON-SUFFICIENT FUNDS (NSF) OR FOR ANY REASON WHATSOEVER GOES UNPAID TO THE CLUB (OR IT’S DESIGNATED THIRD-PARTY BILLING COMPANY) PAST THE SCHEDULED PAYMENT DATE, ADDITIONAL SERVICE FEE(S) WILL BE CHARGED AND DEBITED FROM MY ACCOUNT AS SPECIFIED IN SECTION 1.0 OF THIS MEMBERSHIP AGREEMENT.
Subject to the following conditions:
(1) The items shall be drawn on a bi-weekly basis, pursuant to the Payment Sched-ule. I understand that my obligations under this agreement will include the Bi-weekly Membership Fee, the Annual Membership Fee, service fees for uncollectible biweekly dues, applicable taxes, charges and any other unpaid fees or dues, and the amounts debited from my account designated above may vary each month based on these additional amounts owed to the club and/or the Company in accordance with this agreement. I also understand that the payment account designated above may be used by the club and/or the Company to bill for any retail transactions and/or online purchases initiated by me. The transactions on my bank statement will constitute receipts for payment on my account.
(2) If the regular payments set forth on the Payment Schedule should vary in amount, I am 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. I choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment. I also agree to waive the 10 calendar day pre-notification requirement of any change in the amount of a PAD including any changes to the amount of the PAD due to changes in the applicable tax rate, top-up or other adjustment.
(3) The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
(4) If this preauthorization payment arrangement is revoked for any reason, this does not release me from my obligation (Payment Schedule).
(5) A service fee will be assessed and drafted for any cheque, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any bi-weekly payment become past due.
(6) | may revoke my authorization in writing at any time, subject to providing notice of 30 days prior to such revocation. I may obtain a sample cancellation form, or more information on my right to cancel this PAD Agreement, by visiting www.cdnpay.ca.
The Company may be contacted by telephone at 1-888-827-9262, and in writing by mail at P.O. Box 6800, Sherwood, Arkansas, United States of America, 72124, by facsimile at: 501-992-0801, or by email at customercare@abcfitness.com.
(7) I have certain recourse rights if any debit does not comply with this agreement.
For example, I have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on my recourse rights, I may contact my financial institution or visit www.cdnpay.ca.
(8) This Agreement (including this pre-authorization consent) and any or all of its rights and obligations may be assigned by the Company at any time in its sole and absolute discretion.
(9) By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club membership, as well as any other account or card information provided by You through any means to Club or Club’s Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club membership (hereinafter, “Payment Informa-tion”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in this Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. The Club and/or Club’s Agents may also use the stored Payment Information to process payments owed in relation to all subsequent agreements entered between You and Club.
The transaction amounts and/or how they will be calculated are more specifically set forth in the Payment Schedule and other terms of this Agreement. If this Agreement will automatically renew at the end of the Term, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in this Agreement will apply to this consent.
If any changes are made to the terms of this consent, an e-mail notifying you of such changes will be sent to the e-mail address provided on the face of this Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided.
(10) This preauthorization payment arrangement shall apply to the following Applicant(s):
If the Member is paying bi-weekly dues by electronic funds transfer (EFT), the club’s billing company, ABC Global Services, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. 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 The Club and ABC Global Services, including its agents, affiliates, and vendors, not limited to it’s 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 Club and/or ABC Global Services.
PAYMENT TERMS
Member agrees to pay the bi-weekly indicated amount for a minimum of the indicated number of consecutive payments as stated above in the Electronic Funds Transfer sec-tion. The Club guarantees not to increase the membership dues for the length of the initial term of the Membership Agreement. Member may terminate the Membership Agreement by written consent provided The Club receives said written consent within one month prior to the expiry of the contract. Furthermore, termination of membership may only be processed i) if Member has fulfilled the minimum number of consecutive payments payable to The Club and
ii) at the time of the effective date of cancellation, the Member account is paid up to date and remains in good standing.
Should the contract not be terminated by written consent after the number of minimum payments has been reached, Member acknowledges that billing of bi-weekly dues shall continue on a month-to-month basis at the Member Loyalty Renewal Rate.
If Member maintains membership continuously, without cancellation, Member Loyalty Renewal Rate will not increase for the duration the Member maintains membership, with the exception that there shall be, at a minimum, a mandatory increase in dues based on the current published Government of Canada Consumer Price Index. If at any time during the initial term of the Membership Agreement the Member wishes to cancel the Membership Agreement for reasons other than: (i) the 10 day consumer’s right to cance as defined below; (ii) a material change in the circumstances of the Member including: death; physical, medical or mental disability substantiated in writing by a medical practitioner demonstrating that the Member’s continued participation is unreasonable; or the relocation of the Member for the reminder of the Membership Agreement whereby the distance between the Member and The Club or its affiliates is more than 30 km (proof of move must be approved by Club Management) provided that The Club cannot provide a reasonably comparable alternative facility not more than 30 km from the Member’s new location; or (iii) a material change in the services provided by The Club, the Member may, at the sole discretion of The Club, be provided with an option to cancel the remainder of the Membership Agreement by paying a cancellation fee of $299.00 plus applicable taxes. It is understood and agreed that the full payment is Non-Refundable. I agree as a member not to rely on any statement, oral or written, except as contained within this Membership Agreement. 30 days written notice is required for any account cancellation, freeze, or hold regardless of reason or current status of this Membership Agreement. Approval for all pending cancellations will be notified via email as to the final payment date with any other applicable details.
I, have read and understand the terms of the agreement.
PARENT OR LEGAL GUARDIAN OF MINOR
1/ We, the undersigned parents) or legal guardian(s) of (minor’s name) for and in consideration of my child’s participation in the Health Club Activities offered at the The Club, state that we have read the above waiver, release, and indemnification and we expressly agree that the terms and conditions of said waiver, release and indemnification shall apply to and be binding upon us and our minor child in so far as it pertains to his/her participation in the Health Club Activities and to any injury or damage our minor child may sustain or cause as a result of such participation.
CONSUMER’S RIGHT TO CANCEL
This is a contract to which the Business Practices and Consumer Protection Act applies. You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this contract. You do not need a reason to cancel within these 10 days. If you cancel this contract, the seller has 15 days to refund your money. To cancel, you must give written notice of cancellation to your Home Club at the address specified above and return membership card/ key fob or any other items/ property belonging to The Club that have been issued to you. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail or electronic mail to cancel@goldsgymbc.ca. If you send the notice of cancellation by mail, or electronic mail, it does not matter if the seller receives the notice within the required period if you sent it within the required period. [Provisions of the Business Practices and Consumer Protection Act, S.B.C. 2004, c.2, relevant to the enactment of this regulation: sections 17, 19, 20, 25, 36, 38, 39, 43, 194 and
195]. Home Club Address Indicated.
WAIVER, RELEASE AND INDEMNITY AGREEMENT
For and in consideration of permitting (Member name) to join The Club and to participate in fitness and health club activities and services available at or through The Club. (collectively, the “Health Club Activities”), the member hereby assumes all risks of such activity and voluntarily releases, discharges, waives and relinquishes any and all claims or causes of action for personal injury, property damage or wrongful death occurring to himself/herself/themself arising as a result of engaging or receiving instructions in the Health Club Activities or any activities incidental thereto wherever or however the same may occur and for whatever period said activities or instruction may continue; and for himself/herself/themself, his/hers/their heirs, executors, administrators and assign does hereby agree that under no circumstances will he/she/their or his/ her/their heirs, executors administrators and assigns prosecute or present any claim for personal injury, property damage or wrongful death against The Club or any officers, agents, employees or servants for any of said causes of action, whatever the same shall arise by the negligence of any of said person or otherwise. IT IS THE INTENTION OF THE MEMBER BY THIS INSTRUMENT TO EXEMPT AND RELIEVE THE CLUB FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE, EXCEPT WHERE THE DAMAGE IS CAUSED BY THE GROSS OR WILLFUL NEGLIGENCE OF THE STAFF WITHIN THE SCOPE OF THEIR DUTIES. The Member agrees that The Club shall not be responsible or liable to him/her/they/them, or to his/her/their guest for articles lost or stolen in The Club. The Club also shall not be responsible or liable for loss or damage to any property of any Member or any Member’s guest including automobile and contents.
It is agreed that any damage to the Club facilities or property of the Member’s guests by any other Member or guest is the sole responsibility of the offending Member. The Member acknowledges that he/she/they have read the foregoing, has been fully and completely advised of the potential dangers incidental to engaging in the Health Club Activities and is fully aware of the legal consequences of signing this instrument.
MEMBERSHIP AGREEMENT ADDITIONAL TERMS
1.0 BI-WEEKLY/MONTHLY DUES ARREARS
Bi-Weekly dues are drafted/ collected as per the Electronic Funds Transfer section.
Rejected/ returned automatic debit charges or non-receipt of payment on credit cards and chequing/savings accounts are subject to a $29.00 service charge per transaction.
To keep your membership account up to date, we will attempt to redraft the rejected biweekly dues amount plus any and all service charges related to the rejected payment every two (2) days, three (3) consecutive times, unless the overdue amount is paid. If the outstanding membership dues payments remain unpaid past ninety (90) days the membership will be revoked and the entire remaining balance of the membership contract term will become immediately payable. Accounts past due beyond ninety (90) days are subject to payment in full on the entire remaining balance of the agreement plus a 25% service charge on the total amount past due. If full payment for the outstanding amount of the contract is not received, further collection action by the Club may ensue. The Club shall not be responsible for any fees or banking charges associated with non-sufficient funds. Members shall promptly pay any fees or bank charges relating to non-sufficient funds.
2.0 GUEST POLICY
Member may bring a guest to the club at a reduced drop-in fee of $15.00 plus applicable taxes per day. Regular guest drop-in rate is $30.00 plus applicable taxes per day.
Drop-in rates are subject to change.
3.0 DAY LOCKERS
Lockers are provided for daily use by Members. Members must provide their own lock.
Members are urged not to bring valuables into The Club. The Club, its agents or employees shall not be liable for any loss, theft or damage to personal property of Members and/or guests. As lockers are for daily use only, locks left overnight will be cut and contents removed without any form of notice. The Club, its agents or employees shall not be liable for any loss, missing items or damage to contents of lockers) which have had lock(s) removed due to lock(s) being left on locker(s) overnight.
4.0 Digital Membership Card and Membership Card Activation Fee
4.1 The Club’s Membership Card will be digitally issued to the Member on The Club’s official application (“Gold’s Gym British Columbia App”) and is the Member’s instrument to access The Club’s related local fitness facility locations. The Member’s access to The Club’s fitness facility locations is determined by the type of membership purchased by the Member. If the Member enrolls or purchases a single club membership, the Member will have access to the one (1) specific club location specified in the Member’s Agreement. If the Member enrolls or purchases a multi-club membership, the Member will have access to The Club’s fitness facility locations, as specified in the Member’s Agreement.
4.2 It is a REQUIREMENT and MANDATORY that each Member maintain a VALID digital membership card during the entire length of their membership term with The Club. The digital membership card is the Member’s proof of valid membership AND MUST BE SCANNED to gain access into any of The Club’s fitness facilities. Without valid proof of an active membership card, entry to any of The Club’s fitness facilities will be restricted until an active membership card is presented and scanned at the tront desk.
4.3 To receive a digital Membership Card, the Member must pay an Activation Fee in the amount of $20. Once the Activation Fee is paid, the Member will be authorized to register their membership account on the GGBC App and have their digital membership card created. The only time an exemption of this fee will be permitted is if The Club has a specific promotion waiving the initial Membership Card Activation Fee at time of membership enrollment.
4.4 The Digital Membership Card is not to be used by anyone other than the Member to whom it is assigned. If someone other than the Member, whose name and identity is listed on the official membership contract, uses the Membership Card to gain access into any of The Club’s fitness facilities, the Membership Card will be immediately deactivated, and the Member’s access to any of The Club’s facilities will be restricted and/ or revoked (at the discretion of The Club’s management). Prior to membership reinstatement, proper proof of ownership and approval by The Club’s management will be required. All membership fees and dues will continue to be charged throughout the restriction period.
4.5 The Digital Membership Card will be de-activated under any of the following circumstances: a) The duration a Member’s account is in arrears. b) The duration a Member’s account is on Hold. c) The Member cancels their membership account for any reason. d) The Member’s account has been revoked by The Club.
4.6 Any membership card that was deactivated will be subject to a re-activation fee of $20. Membership Card re-activation may take up to two (2) business days to process. The only exemptions from being charged a re-activation fee are under the following conditions: a) When the membership is being taken off Hold status, b) When all financial arrears on a member’s account are paid and the membership account is returned to good standing, with no current balance owing.
4.7 If the Member does not have a Smartphone, or whose app store is region locked outside of Canada, or whose phone does not allow the download of any extra apps, then a barcode key tag will be provided.
Any member who does not fit the above criteria but wishes to use a barcode key tag, will be charged $20 for the initial key tag. If Key tag is lost, then a $5 replacement fee will be charged.
5.0 HOLDS
Membership may be placed on hold for a minimum of one month to a maximum of 4 months per year provided a hold does not extend the original contract beyond 24 months. There is a $25.00 fee to place a membership on hold plus applicable taxes A $10 plus applicable taxes charge will be applied for every month plus applicable tax that the membership is held. The Club must receive a 30-day written notice requesting the membership hold. The term length for the Membership Agreement will be extended by the same length as the hold(s) and is to be paid at the rate specified in the Membership Agreement.
6.0 CLUB ENHANCEMENT FEE
To continually modernize and upgrade your health and fitness facility, the Club charges a semi-annual Club Enhancement Fee of thirty-nine dollars ($39) plus applicable taxes each year. The Club Enhancement Fee will be paid upon enrollment to the Club and withdrawn automatically from the Member’s primary billing account every six (6) months thereafter, until your membership is cancelled. The Club Enhancement Fee is not pro-rated and is non-refundable.
7.0 MINIMUM AGE
Minimum age to use the Club is 14 years old, with parental/ guardian supervision.
Minors 18 and under must have a safety liability waiver completed and signed by parent or guardian before entering the club. Youth between the age of 14 and 15 MUST BE always accompanied by parent or guardian while exercising in the Club, NO EXCEPTIONS.
8.0 CLUB AVAILABILITY
The Club will be available to members during business hours (business hours of operation to be solely determined by The Club and are subject to change), unless otherwise specified on the Membership Agreement. The Club may be temporarily closed for holidays and for periods of up to two weeks each year for maintenance purposes and membership dues will continue to be payable during this period. Should the facilities be unavailable for use at any other time, due to damage by an act of GOD, catastrophe, accident or other reason beyond the control of The Club, the term of the Membership Agreement will be extended for a period equal to the time of such unavailability.
9.0 GOLD’S GYM BRITISH COLUMBIA LOCATION ACCESS
9.1. Elite Multi-club Membership includes full access to ALL Gold’s Gym British Columbia Franchise facilities (UMP, West Broadway, Langley, and Port Coquitlam).
9.2. Premiere Membership includes full access for up to two (2) Gold’s Gym British
Columbia facilities.
9.3. Elite and Essential Membership includes full access to a single facility.
10.0 CANCELLATION POLICY & DOCUMENTATION
The Member is required to make all payments, as written and specified in this Membership Agreement. Once the minimum number of payments has been fulfilled the Member may choose to cancel his/ her/ their membership providing 30 days written notice via email to cancel@goldsgymbc.ca. All communication regarding cancellation, including approval for all pending cancellations, will be via email. This will include final payment date, cancellation date, and any other applicable details regarding the Member’s cancellation. If the Member cancels due to relocation for medical reasons, proof of relocation or a medical note must be provided including full member name, matching Membership Agreement number, and full address. Acceptable documents showing proof of relocation include bank statement, utility bill, Government mail (driver’s license will not be accepted as proof of relocation) or insurance paperwork. A signed doctor’s or hospital note is required for medical cancellation. Cancellation takes effect 30 days (two biweekly payments) from receipt of approved proper documentation by The Club Management. The member is responsible for making the two bi-weekly payments that fall within the 30-day cancellation period, the date of such receipt shall be confirmed with Member via email.
11.0 TRANSFERABILITY & INFORMATION
Neither Member nor unauthorized agent will sell, assign or transfer this Membership Agreement or his /her membership in The Club or any other right or privilege herein or therein contained. Any such sale, assignment or transfer shall be null and void and of no force or effect whatsoever. Member or authorized agent shall not permit this membership to be advertised for sale or exchange. This membership is not transferable in any manner unless under circumstances which have been approved by The Club. In the case that The Club authorizes a membership transfer; a $50 plus applicable taxes charge will be applied at the time of transfer plus any other required fees including but not limited to Club Enhancement and Membership Card fees. The Member’s membership dues rate will be set at the original Member’s current dues rate at the time of transfer and will be valid for the same length of remaining term left on the original Membership Agreement. The Club may unreasonably withhold consent to transfer this Membership Agreement. Member hereby acknowledges that The Club reserves the right to sell, assign or transfer this agreement to any person or company at any time the Club chooses to do so. In the case of sale, assignment or transfer, this agreement will remain intact and binding on both parties. Member hereby authorizes The Club and/or its agents to request, obtain, disclose and exchange personal information with credit bureaus for the purpose of verifying credit history, updating credit profile, processing membership dues and protection from fraudulent activities. The Club will also co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities to protect you and us from fraudulent transactions; as well as use personal information to provide updates and information regarding products and services which The Club believes may be of interest. Members who do not consent to the use or disclosure of personal information may contact the Club privacy officer. Paid in Full agreements are not transferable.
12.0 ADDITIONAL SERVICES UPGRADE/DOWNGRADE POLICY
I understand the Additional Service(s) indicated above is based on a month-to-month plan. I can cancel the service(s) giving 30 days’ notice but will be responsible for any fees related to the Additional Service(s) within the 30-day notice period. There is a $25.00 administration fee required to process Additional Service(s) cancellation.
13.0 PIF
* Paid In Full agreements are non-refundable.
14.0 GENERAL RULES
14.1 Members are expected to leave the premises fifteen minutes prior to closing time.
14.2 No loud or abusive language permitted.
14.3 No alcohol, smoking, or drugs allowed on the premises.
14.4 THE SALE, DISTRIBUTION, OR PROMOTION OF PRESCRIPTION OR ILLEGAL DRUGS WILL RESULT IN THE IMMEDIATE REVOCATION OF MEMBERSHIP AS DEEMED SATISFACTORY OF AND AT THE SOLE DISCRETION OF CLUB MANAGEMENT.
14.5 No personal notices, advertising or other literature, either posted or for distribution is allowed without the express written permission of the Club Management.
14.6 Adjustment to the television, radio, heater, air condition, fans and other equipment may be made by staff only.
14.7 No members are allowed behind the front desk
14.8 Members must remove outdoor shoes before entering the exercise floor. Only indoor shoes are allowed in the Gym.
14.9 With a minimum of a one-year contract, members are entitled to benefit from the travel pass program.
15.0 EXERCISE FLOOR RULES
15.1 Members must use the digital membership card and/or membership key fob issued by Gold’s Gym to gain access to the club.
15.2 This is a member-only facility. All non-members/guests must register at the front desk prior to being granted access into the facility.
15.3 All gym bags must be stored in the lockers provided throughout the club; no gym bags are permitted anywhere on the fitness floor.
15.4 Re-rack dumbbells, return all barbells/weight plates and all other equipment and accessories to their designated locations.
15.5 Please wipe down all equipment after use.
15.6 No photography video recording is permitted in the facility unless written permission has been provided by management.
15.7 Please be courteous and cautious while working out close to mirrors and/or other members.
15.8 In the Group Fitness Studios, the use of equipment other than designated equipment already in the room is prohibited. Please refrain from using dumbbells, barbells, or weight plates from the workout floor in the studio room.
15.9 The use of dry chalk is strictly prohibited anywhere in the club, only liquid chalk is acceptable.
15.10 The use of profanity, yelling, banging weights, dropping weights, or making loud noises while working out is not allowed and will not be tolerated.
15.11 If you are uncertain on how to operate any piece of equipment in the facility, please ask any Gold’s Gym staff member for assistance.
15.12 Food and open beverages must be consumed in the designated areas of the facility and are not permitted elsewhere in the club.
15.13 Please allow other members access and use of equipment while you are resting in between your sets
15.14 Inappropriate attire on the gym floor is not allowed, this includes but is not limited to jeans, cut-off jeans, open-toed shoes, outdoor shoes, extremely revealing clothing, and any clothing with sharp/metal items on it.
15.15 All children under the age of 12 are not permitted in the workout areas of the club. Anyone under the age of 16 must always be supervised by a parent or legal guardian while on the workout floor.
15.16 Only Gold’s Gym Personal Trainers are permitted and authorized to train members. No outside personal trainers are allowed
15.17 No overnight or long-term storage of personal items is permitted, any locks left on lockers longer than 24 hours will be removed by staff and have its contents removed.
15.18 If you have lost something in the facility, please check with the front desk to claim any lost and found.
15.19 Gold’s Gym and Gold’s Gym staff are not responsible for personal belongings of members.
15.20 Please report any suspicious activities or problems/concerns occurring in the club you have immediately to a Gold’s Gym staff member.
15.21 Any violation of the club rules and regulations may result in membership suspension and/or revocation.
15.22 NO INTIMIDATION OR DISCRIMINATION TOWARDS OTHER MEMBERS WILL BE TOLERATED AND WILL RESULT IN THE IMMEDIATE SUSPENSION AND/OR REVOCATION OF MEMBERSHIP, AT THE SOLE DISCRETION OF THE CLUB MANAGEMENT.
THE CLUB RESERVES THE RIGHT TO CANCEL THIS MEMBERSHIP AGREEMENT TO ANY MEMBER UPON ANY BREACH OF THE GENERAL AND EXERCISE FLOOR RULES. If The Club exercises it’s right to terminate/ revoke this Agreement due to the Member’s breach of any of the General and Exercise Floor Rules, the Member will still be obligated to fulfill the financial obligations of the Agreement and pay the remaining balance of the membership contract in full, if the Member is still within the obligated minimum contract term at the time of the membership revocation.
E-SIGN Consent. Certain laws and regulations may require The Club and/or ABC Global Services, 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 Club and/or ABC Global Services, 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 Club and/or ABC Global Services and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of The Club and/or ABC Global Services. 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 Club and/or ABC Global Services, and to promptly notify The Club and/or ABC Global Services, 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 Club and/or ABC Global Services. 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 Club and/or ABC Global Services, 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 Club and/or ABC Global Services.