504 9th Ave, Seattle, WA 98104 • (206) 462-4308
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.
Club # 04799
Membership Privileges, Notices, Disclosures & Agreements
MEMBERSHIPTYPE: ______________________________ 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 with a 15 day written notice delivered to the club’s address, after the first 15 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 15 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 of $_______, on ______________. Cancellation of Renewal and\or any additional Payment Schedules set forth by this agreement, will require a 30-day written notice delivered to the club’s address. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has a ____ month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.
PAID IN FULL WITH AUTOMATIC RENEWAL: This is a non- transferable membership that automatically renew at a rate of $______, on _____________. Cancellation of Renewal and\or any additional Payment Schedules set forth by this agreement, will require a 30-day written notice delivered to the club's address. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has a ____ month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.
NONRENEWABLE MEMBERSHIP: Expires: ______________.
________ Cancellations cannot be done over the phone for any reason.
________ If for any reason NW Fitness is not able to process my auto-payment (NSF, expired card, change of information) there will be a $20 (+ tax) late fee added to my monthly dues for that month. If my auto-payment is declined, ABC Financial will send me a notification email to the email in my account from the email address “firstname.lastname@example.org”. It is my responsibility to add this notification email address to my “not junk” email folder.
I agree and understand that there are risks associated with the use of the facilities and I further agree and understand that I am assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, I agree to release, discharge, and waive any Claim against the club and its owners, agents, employees, and representatives from any and all damages, injuries, or death resulting from my use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs, and exercise classes. I represent that I am in good health and do not suffer from any infirmity, disease, impairment or physical conditions that would prevent me from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. I represent to the club that I either have the permission and approval of my physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if I do not have such permission, I hereby assume the risk of injury and death, which may result from such activities.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NONREFUNDABLE AMOUNT: I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO PAY $_____ AS AN INITIATION OR MEMBERSHIP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT REFUNDABLE.
______________________________________________________ ______________________________________________________ ______________________________________________________ AUTHORIZED BY NW FITNESS, COUNS. # MEMBER DATE PARENT OR GUARDIAN DATE
Your Membership begins:
First Month Dues:
Last Month Dues:
Prepaid Monthly Dues:
Total Amount Paid Today:
__________________ __________________ __________________ __________________ __________________ __________________ __________________
1st Payment Schedule: DUES
Number of Payments
First Payment Due Date
Annual Maintenance Fee amount $_______________ per member. The purpose of the annual Club Enhancement Fee is to maintain and improve the equipment and services provided for the facilities. This fee will be collected 60 days after Member’s begin date, on the member’s billing date, and each year thereafter.
Member’s Initials ___________
________ It is the member’s responsibility to verify that withdrawals from their account have stopped. If withdrawals have not stopped and member can produce proof of cancellation, a maximum of 2 months can be refunded.
________ I understand that my membership will continue on a month-to-month basis until I submit a written cancellation notice to the club.
________ I understand that cancellation notice must be given 15 days prior to the next bill date. Once a written notice is submitted, my withdrawal will stop the fol- lowing month and my prepaid last month will then be applied.
REQUEST FOR PREAUTHORIZED PAYMENT
PLEASE ATTACH A VOID OR BLANK CHECK
I/We hereby request the privilege of paying to ABC Financial Services, LLC (“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 of: Payment Method: __________________________
REQUIRED FOR ALL EFT AND CREDIT CARD DRAFT ACCOUNTS
BANK NAME ROUTING NUMBER (9 DIGITS) ACCOUNT NUMBER ACCOUNT TYPE ACCOUNT OWNER
CARD TYPE ACCOUNT NUMBER EXPIRATION M/Y CARD OWNER
Subject to the following conditions:
(1) The items outlined in Your Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in the Membership Agreement. By signing below, You authorize the Company to draft via EFT said amounts from the account or card identified herein. The transactions on Your bank, debit, or credit card statement shall constitute receipts for payment on Your account.
(2) One-Time Transfers: When You provide a check as payment, You authorize the Company either to use information from Your check to make a one-time EFT from Your account or to process the payment as a check transaction. When the Company 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) If the regular payments set forth in the Membership Agreement 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 $50.00 from the most recent payment You have made.
(4) 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 website: www.abcfinancial.com under terms and conditions.
(5) The privilege of making EFT payments under this arrangement may be revoked by the Company 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) If any payment is not paid upon presentation to Your bank or credit/debit card company for any reason, a service fee will be assessed and drafted. A late fee will be assessed and drafted should any monthly payment become past due.
(8) 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 Agreement (“Club Agreement”), 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 Agreement (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. 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 fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club 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. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club 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 by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
(9) This preauthorization payment arrangement shall apply to the following Applicant(s):
Date: ______________________________ Account Holder Signature: ___________________________________________________________________________________________
04799 EAE 20200916
BUYER’S RIGHT TO CANCEL
1. If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a written notice to the health studio. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to 504 9th Ave., Seattle, WA 98104. If you cancel within the three days, the health studio will return to you within thirty days all amounts you have paid.
2. This contract may be cancelled if the buyer dies or becomes totally disabled. The disability must be confirmed by an examination of a physician agreeable to the buyer and the health studio.
3. This contract maybe cancelled if the buyer moves his or her permanent residence to a location more than twenty-five miles from the health studio or an affiliated health studio offering the same or similar services and facilities at no additional expense to the buyer and the buyer cancels after one year from signing the contract if the contract extends for more than one year. The health studio may require reasonable evidence of relocation.
• If at the time of signing the contract requiring payment of an initiation or membership fee the buyer lived more than twenty-five miles from the health studio,
the buyer may cancel under subsection 3 of this section only if the buyer moves an additional five miles or more from the health studio.
If the contract extends for more than one year, the buyer may cancel the contract for any reason upon thirty days’ written notice to the health studio.
This contract may be cancelled if the health studio facilities are permanently closed and comparable facilities owned and operated by the seller are not made
available within a ten-mile radius of the closed facility.
6. If a buyer is entitled to a pro rata refund under this section, the amount shall be computed by dividing the contract price by the number of weeks in the contract
term and multiplying the result by the number of weeks remaining in the contract term. If no term is stated in the contract, a term of thirty-six months shall be
7. MEMBERSHIP HOLD: If you wish to put your membership on hold, you may do so by notifying the gym in an email to email@example.com. You can request
a hold for 30, 60, or 90 days at $20/month +tax. At the completion of the hold your membership will continue at your previously established rate.
ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT
LAW APPLICABLE: Washington State law governs this membership agreement, if enrolled in Washington. Washington State law governs this membership agreement, if enrolled in Washington.
INVALID PROVISIONS: If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement will be valid and enforceable.
ENTIRE AGREEMENT: This agreement comprises the entire agreement pertaining to membership and no other agreement of any kind, verbal or understanding or promise whatsoever will be recognized or binding on us.
DUES ADJUSTMENT: Monthly dues are subject to periodic adjustment upon thirty (30) days advance notice. However, dues cannot be raised more than once each calendar year. The obligation to pay dues is not dependent upon the availability of the club’s facilities or the member’s usage of such facilities. Repair or maintenance may, at any time, make it necessary for “The Club” to restrict the use of, for a temporary period, its facilities. Power outage, weather, or other acts of nature may cause a restricted use of the facility. In the event that the Primary Member cancels their membership, any Add-On members will immediately upgrade to the Primary Member dues rate.
TRANSFERABLE: All memberships are transferable from a member to non-member. Must be done through a club employee.
SIGNER(S) OR AGREEMENT: If there are more than one of you signing this agreement, each of you is individually responsible to fully perform the obligations under this agreement. It is your responsibil- ity to know whether this agreement is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings unless required to do so under applicable law.
NO WAIVER OF RIGHTS: We do not waive our right to have future payments made when due if we accept a late or partial payment or delay the enforcement of our right on any occasion. DELINQUENT ACCOUNTS: Any account which is more than thirty (30) days past due, may result in member losing all club privileges. After ninety (90) days, said member may be terminated or sus- pended. If “The Club” deems it is in the best interest of “The Club” to do so, it may deny or limit credit to any member. Any member thirty (30) days past due automatically loses any charging privileges until the account is brought current. If the financial obligations of any member of “The Club” are delinquent, “The Club” may at its option take whatever action it deems necessary to effect collection. COLLECTION COSTS: If the member fails to pay when due any portion of the Initiation Fee, accrued dues, or any other charges, he or she will pay all costs incurred by “The Club” in collecting such amounts, including, without limitation, reasonable attorney’s fees, court costs, and collection agency fees equaling 50% of the delinquent balance.
INDIVIDUAL PERSONAL GUARANTY: I, the Undersigned, for and in consideration of membership from NW Fitness, personally guarantee prompt payment of any obligation to this same Company, its individual locations and/or entities. It is understood that this guaranty shall be absolute and continuing for such indebtedness incurred to NW Fitness. In the event that this guaranty is placed in the hands of an attorney for purposes of collection, the parties hereby agree that any litigation involving this guaranty shall be in the County court where the Company’s (NW Fitness) principal place of business is located (Multinomah County, OR or Pierce County, WA), and all parties hereby waive any defenses of jurisdiction that may now or hereafter exist.
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default occurs when any payment due under this agreement is more than ten days late. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. AN ADDITIONAL SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, Inc., reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Subject to appropriate State and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
CONTACT: Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agree- ment, or any other address subsequently provided to, or obtained by, ABC Financial.
SALES TAX: 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.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OB- TAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. FORCE MAJEURE: NW Fitness will not be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. In the case of force majeure, the member may put membership on hold for $20/month or cancel membership per contract. Any access paid for during force majeure will be delivered after the end of the termination of the contract.
EQUIPMENT, SERVICES, RULES, REGULATIONS AND POLICIES
1. EQUIPMENT INCLUDES: Free weights, weight machines, and cardiovascular exercise equipment. You are responsible for use of equipment in accordance with NW Fitness instructions.
SERVICES INCLUDE: Initial exercise orientation, limited OnDemand aerobic classes, changing room.
ADDITIONAL SERVICES INCLUDE: Nutritional counseling, Massage Therapy, and personal training. Check with any Business Relationship Manager for current fees and prices.
SIGN IN: All members upon entering “The Club”, are required to present his/her membership card in order to gain access into “The Club”.
GUEST POLICY: Members are permitted to bring guests to the facility and current guest fees and sales tax will apply. Guests are admitted to “The Club” at the discretion of the management. The
guest fee applies to one admission only per day. Guests are subject to all club rules and regulations. The guest fee is subject to adjustment during the term of membership. Guests are only allowed
when a NWFitness employee is scheduled at the club.
6. MEDICAL ANALYSIS: Member hereby represents and warrants that he/she is physically sound and that he/she has medical approval to proceed with a normal routine of exercises. “The Club” is
relying on the determination of member and member’s physician as to a member’s fitness to use the facility and equipment of “The Club” and participation in a physical exercise program.
7. DAMAGES TO FACILITIES: Member agrees to pay an extra charge for damages arising from any careless use of equipment or dropping of weights, etc. caused by the member. Should “The Club” be closed and completely unavailable for the member’s use due to damage by fire, act of God, catastrophe or accident, maintenance repairs, or any other reason, at the sole option of “The Club”,
member’s membership will be extended for a period of time equal to the time of such unavailability or, at the option of “The Club” member may be transferred to another club.
8. RIGHT TO TERMINATE OR CHARGE SERVICES, RATES AND FACILITIES: It is agreed by member that “The Club”, at its sole and absolute discretion, may cancel any member’s membership for any violation of “The Club’s” regulations and policies. It is further agreed that all regulations, policies, facilities, locations, services, hours, rates, annual or monthly dues, member’s fees and charges, are subject to change at any time, without notice, at the sole discretion of “The Club”. It is also agreed that if “The Club” closes for temporary (less than five consecutive business days)
building enhancements or cleaning, membership dues will be payable in full and not prorated.
9. WORKOUT ATTIRE: Appropriate workout attire and shoes must be worn at all times on the premises. No flip flops, sandals or open-toed shoes allowed in the weight room or cardio areas. Appropri-
ate athletic shoes are required. No cutoffs allowed.
10. PERSONAL PROPERTY: It is understood and agreed that “The Club” and its owners, agents and employees are not responsible for lost or stolen articles of any personal property. Any items left
on premises for thirty (30) or more days may be subject to donation at charitable organizations.
11. RULES, REGULATIONS AND POLICIES: As provided and as posted in “The Club” are part of the membership agreement and members are obligated to observe and comply with the same.
Reasonable changes, if necessary, regarding the health, protection, or safety of members may be posted from time to time at “The Club”. All membership agreements will be subject to strict compli- ance. “The Club” may suspend or cancel the membership and deny all use of club facilities to any member whose actions are disruptive, abusive, or interfere with normal club activities, other club members, or staff. Suspension or cancellation of membership shall be at the sole discretion of club management. Failure by member to comply will permit “The Club” to cancel member’s member- ship. Cancellation does not relive a member of the obligations to pay the full price of his/her membership.
12. MEMBERSHIP DEFINITIONS: The “Term” membership entitles the individual the use of “The Club” for the period of time shown on the front of this agreement. There are no renewal rights other than the current rates for “Term” memberships being offered by “The Club” at the time of the renewal.
MEMBER WILL NOT PERFORM OR RECEIVE any personalized training with any other members or non-members.
CHANGE OF ADDRESS, PHONE OR NAME: All members must immediately notify “The Club” of any changes of address, phone number, legal name or emergency contact. Failure to do so will
be deemed to have waived any notice provided for under these regulations.
15. LOCKERS: A complimentary locker may be used by members on a day to day basis, as lockers are available. Locks left on lockers overnight will be removed and contents donated to charity after
thirty (30) days. A limited number of lockers are available on a monthly rental basis. Please check with the front desk receptionist for further information on availability and rates.
16. MEMBERSHIP CARDS: Your initial card is provided to you with your membership. A membership card may not be used by any other person other than the member to whom it is issued. Member-
ship cards must be presented at the reception desk in order to access “The Club”. If a card is lost, a replacement card will be issued for $5 plus sales tax.
17. MEMBER’S RIGHT TO CANCEL: A) Death or disability; Upon total disability of the member, the member my cancel the agreement by giving written notice to “The Club”. “The Club” reserves the right to require that the total disability of the member be confirmed by the examination of a physician agreeable to the member and “The Club”, at the member’s cost. B) Relocation; The member may cancel the membership if he/she moves to a permanent residence or to a location more than twenty-five (25) miles or more from “The Club” or any of “The Club’s” other locations and this agreement extend for more than the original term. However, if the member lived more than twenty-five (25) miles from the club at the time this membership agreement was signed, the member may not cancel unless he/she moves an additional five (5) miles or more from “The Club” or any of its locations. “The Club” reserves the right to require reasonable evidence of such a relocation. Refund: If the member cancels the membership agreement by relocation his/her permanent residence as set forth immediately above, the Initiation/Membership fee is non-refundable and any amount of the Initiation/Membership fee which is not paid, is due in full. C) General Cancellation; Upon the completion of the initial term of your contract 12, 24, 36 month, the member may cancel upon thirty (30) days written notice to “The Club”. Refund: If member cancels this agreement, under this provision the above stated Initiation/ Membership fee is non-refundable and any amount of the Initia- tion/Membership fee must be paid in full. D) Permanent closure; The member may cancel this agreement if “The Club” permanently closes “The Club” in which this membership was purchased and comparable facilities are not made available within a twenty-five (25) mile radius of the closed facility. Refund: If the agreements is cancelled by reason of closure, the member is entitled to a prorated refund of the fee which will be computed by dividing the membership fee by the number of weeks in the agreement term and multiplying the result by the weeks remaining in the agree- ment term. E) Construction not completed; The member may cancel the agreement if the facility, construction of improvement contemplated by this membership agreement is not completed by the date represented in this agreement. Refund: The member is entitled to a full refund of the Initiation/Membership fee within thirty (30) days receipt of cancellation notice. F) Pre-sale of membership agreement; If this membership is sold prior to the opening of a new facility, and member is not using a temporary facility or if member is not using another club affiliated with NW Fitness member may cancel within the first five (5) business days after the facility opens for use of the member and “The Club” begins to provide services. Refund: The member is entitled to a full refund under this
provision within thirty (30) days receipt of written cancellation.
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 NW Fitness and ABC Financial Services, LLC, including its agents and affiliates, 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 NW Fitness and/or ABC Financial Services, LLC.
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 in the city of your club location and the 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 Financial Services, 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 NW Fitness and/or ABC Financial Services, LLC 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 NW Fitness and/or ABC Financial Services, LLC 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 NW Fitness and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of NW Fitness and/or ABC Financial Services, LLC. 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 NW Fitness and/or ABC Financial Services, LLC, and to promptly notify NW Fitness and/or ABC Financial Services, LLC 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 NW Fitness and/or ABC Financial Services, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they 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 they 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 NW Fitness and/or ABC Financial Services, LLC 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 NW Fitness and/or ABC Financial Services, LLC.
FOR ALL BILLING INQUIRIES, PLEASE CONTACT FINANCIAL AT: 1-888-827-9262
Member Initials ___________ 04799 EAE 20200916