Terms & Conditions | Club Fitness

Terms and Conditions

TERMS AND CONDITIONS TO MEMBERSHIP AGREEMENT

Exhibit B- Terms and Conditions

Participant (“Participant”, “you” or “your”) agrees to be bound by these Terms and Conditions to Membership Agreement with respect to all services provided by Club Fitness (“Services”), and by the additional terms of service and posted policies applicable to the Services to which you participate and posted at http://www.clubfitness.us and incorporated herein by reference (collectively referred to as “Terms of Service”). These Terms of Service also incorporate by reference Club Fitness’ Privacy Policy located at https://www.clubfitness.us/privacy-policy/, which governs the collection, use and disclosure of Participant personal information. All references to “Club Fitness” in these Terms of Service mean Club Fitness, Inc., its parents, affiliates or subsidiaries (“Club Fitness” or “we” or “us”) providing Participant the Services, as well as third parties Club Fitness may retain to provide the Services.

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS AND A LIMITATION ON YOUR RIGHT TO BRING CLAIMS MORE THAN 2 YEAR AFTER THE RELEVANT EVENTS OCCURRED.

ACCEPTANCE: You accept these Terms of Service by doing any of the following: (i) signing a Membership Agreement or (ii) accessing and/or using Club Fitness services and facilities. To the fullest extent permitted under applicable law, Club Fitness may in its sole discretion modify any aspect of the Services, including Membership Plan Levels or these Terms of Service and will post such changes on its website at http://www.clubfitness.us . Participant agrees that the foregoing method of notice constitutes sufficient and effective notice under these Terms of Service. If you disagree with a change to these Terms of Service, you have the right to cancel the Services; provided, that your continued use of the Services for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.

MEMBER’S RESPONSIBILITY AS TO USE OF CLUB: You (and any guest(s) you may bring to a Club Fitness location) should consult with your physician before using our services and facilities. You understand and acknowledge that Club Fitness’s employees have no expertise in diagnosing, examining or treating any medical condition. You agree that you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to yourself or others. You also agree you will use the fitness club in accordance with all applicable public health requirements. The fitness club reserves the right to make final decision as to your use of the facilities.

WAIVER AND RELEASE OF LIABILITY: You hereby waive any and all claims or actions that may arise against Club Fitness, its Affiliates, subsidiaries, successors, and assigns, shareholder, employees, volunteers, and owners arising from any personal, bodily, or mental injury, loss, or damage to you, or your guests, occasioned or caused by the negligence or fault of Club Fitness and further agree to the terms set forth in the Waiver and Release of Liability, attached to this Agreement as Exhibit C.

RESERVATION OF RIGHTS: We may at any time close any of our facilities or alter our hours of operation. We also may amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service at our sole discretion. This includes but is not limited to your membership plan privileges and or access. We reserve the right to revoke your membership at any time for any reason. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates. We reserve the right to transfer your membership in the event your original location joined is relocated or closed permanently to another facility within 10 miles of the original location.

INDEPENDENT CONTRACTORS: From time to time, we may make available to members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period.

LOST MEMBERSHIP CARD: A replacement fee will be required for a lost or stolen card. You understand that admittance to the fitness club will be denied without a current and valid membership card or barcode.

MEMBER’S RIGHT TO CANCEL: You may cancel, terminate this Agreement in person, online,or in writing by certified mail, return receipt requested, to 7055 Mexico Road. Box 1210, St. Peters, MO 63376 or by personally visiting any Club Fitness location during business hours and informing the staff of your intention to terminate Agreement. Any notice of termination submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of termination. A thirty (30) day notice period is required for termination of Agreement. You are required to pay the annual membership fee, as set forth in Exhibit A, if it falls within this thirty-day notice period. You will also be responsible for any past due amounts owed. Your membership must be active for a termination to be processed.

TERMINATION UPON RELOCATION: You may terminate this Agreement if you permanently move your residence more than 25 driving miles from either the fitness club of enrollment or any other club which member is entitled to use or any substantially similar club that will honor member’s membership at no additional charge. To terminate under this paragraph, you must provide proof of your relocation in the form of two of the following: a utility bill in your name, a change of address label indicating mail was forwarded to your new address, or your new driver’s license with issue date. Member agrees to pay a $59.00 charge for termination.

For Illinois residents only: The following shall apply in place of any other section of agreement to comply with IL State Law (for this section, the “Act”). No agreement for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such agreement must so provide in writing; except that this limit shall not apply to any agreement for: (1) family or couple memberships, or (2) group memberships, where the purchaser is a corporation or other business entity or any social, fraternal or charitable organization not created for the purpose of encouraging this contractual arrangement. No agreement for family or couple memberships for basic physical fitness services shall require payment in excess of $2,500 per year per person covered under the membership. No agreement for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the agreement is entered into, nor shall the term of any such agreement be measured by the life of the customer. The initial term of services to be rendered under the agreement may not extend over a period of more than 2 years from the date the parties enter into the agreement, provided that you may be given an option to renew the agreement for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership. No agreement for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of an agreement for physical fitness services which the customer has against the center shall be cut off by assignment of the agreement whether or not the assignee acquires the agreement in good faith and for value. Such an assignee is not a holder in due course. All agreements for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one agreement for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to become obligated directly or contingently under more than one agreement for services at the same time for purposes of avoiding the provisions of this Act. Any waiver by the customer of the provisions of this Act shall be void and unenforceable. Any agreement for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable. If any court finds, as a matter of law, that an agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result. Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of services; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may agree to use the facilities of the center; or misrepresentation of the skills or abilities of any customer or potential customer. Any agreement for physical fitness services entered to in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforceable.

ALTERNATE PAYMENT METHOD: If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification by certified mail, return receipt requested, to 7055 Mexico Road, Box 1210, St. Peters MO 63376 or by personally visiting any Club Fitness location during business hours. We prefer notice via certified mail to the address listed above and any revocation submitted in person shall not be valid unless you receive electronic or written receipt and confirmation of revocation. Providing us with an alternate form of payment on your account protects your membership from interruption due to any unforeseen issues with your first method of payment for recurring membership dues and annual fees and provides a secondary method of payment for any other gym related purchases.

PROCESSING FEE: A processing fee is applied to credit card payments. A payment processed from a Checking Account deduction via ACH (Automated Clearing House) for ACH payments, the processing fee will be waived.

PAID IN FULL MEMBERSHIPS: From time to time, we may offer a membership that is pre-paid for 12 months with a start and ending date. Any renewal rates specified are valid for up to 30 days from expiration date in increments of 12 months. If not specified, the renewal rate is based on current rates available at the time of expiration. Any special paid in full promotions are not renewable. Paid in Full memberships are non-refundable except in the event of disability or death. Any special paid in full promotions are not renewable.

Membership PLAN Levels: Upon execution of this Agreement, you must choose a certain level of membership privileges, as described. You agree that facilities, classes and amenities are subject to change at the sole discretion of Club Fitness and may be modified, removed or cancelled at any time. This includes but is not limited to your membership plan privileges and/or access. Club Fitness reserves the right to revoke your membership at any time for any reason. Further, Club Fitness may (i) close any facility or alter its hours of operation, (ii) amend the cost of, alter, add, modify and/or eliminate any amenity, policy, program, class or service, (iii) discontinue classes or equipment or modify availability for any reason, including but not limited to demand fluctuation. You acknowledge that classes and equipment are available subject to demand and may be crowded at peak hours. Club Fitness reserves the right to transfer your membership to another facility within 10 miles of your original location in the event your original location is relocated or closed permanently.

You shall have access to multiple Club Fitness locations except when specified by the membership plan (SINGLE indicates club of enrollment access only with limited amenities. Early Termination Fee: equivalent to three (3) monthly payments.
Premium: You shall have access to all Club Fitness locations unless specified by the membership plan, as well as 24-hour access, see club for details. Early Termination Fee: equivalent to three (3) monthly payments.
Platinum: You shall have access to all Club Fitness locations unless specified by the membership plan, as well as 24-hour access with limited amenities, group exercise classes, specialty classes (included and/or paid) defined by Club Fitness, see club for details. Early Termination Fee: equivalent to three (3) monthly payments.
Elite: You shall have access to all Club Fitness locations unless specified by the membership plan, as well as 24-hour access with limited amenities, group exercise classes, specialty classes (included and/or paid) defined by Club Fitness, see club for details. Early Termination Fee (if applicable): equivalent to three (3) monthly payments.

LOCKER USE: Lockers are available on a first come, first serve basis during your workout. No member shall leave any items or personal belongings in the locked locker overnight. It is recommended to use a lock to secure your items in a locker. Club Fitness is not responsible for items or belongings left or stored in lockers.

RULES AND GUIDLINES:

You are not allowed to let others use your membership
Athletic workout clothing is required (this includes a shirt)
Being courteous and respectful to other members, staff and contractors at all times.
Athletic shoes only. No open toed shoes, sandals, flip-flops, boots, work boots or bare feet are allowed in work out areas.
Vulgar or offensive clothing will not be allowed.
Do not drop or slam weights
Return all weights to proper racks after use
Wipe down equipment after use
No chalk is to be used
Use a spotter & collars when necessary
Please refrain from the use of cell phones in a manner that is unsafe or invades others privacy
Adhere to all manufacture’s warnings

The above rules and guidelines are a general description. Members are expected to follow any other rules, guidelines and polices set forth by staff.

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 Club Fitness and ABC Fitness Solutions, Inc., 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 Club Fitness and/or ABC Fitness Solutions, Inc. You shall promptly notify Club Fitness of any changes regarding your contact information.

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 home club city and Missouri 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, Inc.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND CLUB FITNESS ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR CLUB FITNESS 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.

INDEMNIFICATION: You hereby release and agree to indemnify Club Fitness, its Affiliates, officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with this Agreement, including but not limited to your use of the equipment and/or the facilities of Club Fitness and any incident that occurs while using the facilities. You understand that Club Fitness^TM is a trademark of Club Fitness, Inc., that Club Fitness, Inc. has licensed Club Fitness^TM trademark certain Affiliates, that the fitness club you are using may be operated by an Affiliate, and, therefore, you hereby release and agree to indemnify Club Fitness, Inc., South County Training Inc., South Training LLC, Club Fitness of K&N LLC, Club Fitness of St. Charles LLC, CCJC Tan Inc., O’Fallon Fitness Inc., Total Tan Inc., Webster Inc., Club Fitness of Alton LLC, CCC Fitness LTD, its officers, owners, agents, employees, instructors and their insurers from and against any liability that may arise out of or in connection with your using any of the equipment or the facilities of the fitness club or any incident that occurs while using Club Fitness’s facilities or otherwise related to your club membership.

ELECTRONIC DISCLOSURES: Certain laws and regulations may require Club Fitness to provide you with written notices and disclosures on paper. With your consent, this information may be provided electronically. Your consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, the “Documents”) that Club Fitness and/or its third-party payment provider ABC Fitness Solutions, Inc., may provide you. Your consent to receive the Documents electronically shall continue until expressly withdrawn by you. Notwithstanding this, you may request a paper copy of all electronic Documents by contacting Club Fitness and/or ABC Fitness Solutions, Inc., and requesting a paper copy. You may withdraw your consent at any time by notifying the customer service department of Club Fitness and/or ABC Fitness Solutions, Inc. Upon withdrawing consent, you shall no longer receive the Documents electronically. You acknowledge that withdrawing consent may result in additional fees for your receipt of the Documents. You agree to maintain a valid email address with Club Fitness and/or ABC Fitness Solutions, Inc., and to promptly notify Club Fitness and/or ABC Fitness Solutions, Inc., of any changes to your email address. If you have 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 Club Fitness and/or ABC Fitness Solutions, Inc. To access, view and receive the Documents electronically, you agree and acknowledge that you 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 your 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 you desire to print or electronically store any electronic Documents. You acknowledge that you may also need a certain brand or device that can support applications intended for Member’s electronic mobile devices, tablets and smartphones.

Informational/Transactional Calls and Text Messages: You hereby consent to Club Fitness making telephone calls and sending you text messages to the telephone number(s) that you provide to Club Fitness or its Affiliates that are informational and/or transactional in nature arising from or related to this membership using, including, without limitation, an automatic telephone dialing system or artificial or prerecorded voice.

CONSENT TO USE LIKENESS: You hereby consent for Club Fitness to any use your name, portrait, audio recording of your voice, and / or video images while utilizing any Club Fitness facility for the purpose of advertising or any other purpose to be reasonably determined by Club Fitness, including, but not limited to, television, radio, print, internet and social media advertising. You acknowledge that you will not receive compensation for this consent and any and all pictures, films, photographs, negatives and auto recordings of your voice in connections with this consent authorization shall be the exclusive property of Club Fitness and its Affiliates. By signing this Agreement, you represent that you are over 18 years of age or signature as cosigner authorizes on behalf of any minor, the full authority to grant the rights herein given. This will also serve as a release of any and all claims regarding the above.

INCIDENTAL CONTACT: You acknowledge that if any Club Fitness employee assists you in the use of any equipment or exercises, that you may be physically touched as part of such assistance, and you hereby consent to such touching and waives any claim in connection with such touching.

AFFILIATES: Member acknowledges that by signing an Agreement with one of the following locations that it refers to the legal identity of the corresponding Affiliate. “Affiliate” shall mean any of the following locations or corporate entities of Club Fitness: (Florissant -Total Tan, Inc) or (St. Peters – Club Fitness, Inc. ) or ( O’Fallon N – O’Fallon Fitness, Inc. ) or (Creve Coeur – CC JC Tan, Inc.) or (Webster Groves – Webster Inc. ) or (Rockhill – S County Training Inc. ) or (O’Fallon S – Club Fitness of K & N Plaza or CF of Deer Creek, LLC ) or (Lemay Ferry – South Training, Inc.) or (Granite City – C.C.C. Fitness LTD ) or (Alton – CF of Alton) or (St. Charles – Club Fitness of St. Charles, LLC) or (Collinsville – CF of Collinsville, LLC ) or (Hampton – CF of Hampton, LLC) or (Ballwin – CF of Ballwin, LLC) or (Woodriver – CF of Woodriver, LLC) or (Fairview Heights – CF of Fairview Heights, LLC) or ( Delmar – CF of Loop, LLC) or (Brentwood – CF of Brentwood, LLC ) or (Loughborough –CF of Loughborough, LLC) or (Dogtown – CF of St. Louis Market Place, LLC ) or (Wentzville – CF of Wentzville, LLC ) or (Arnold – CF of Arnold, LLC) or (Affton – CF of Grasso Plaza, LLC) or (Chesterfield – Aphel Bill Serv , LLC) or (Belleville – CF of Belleville, LLC.) or (Maplewood – CF of Maplewood, LLC) or (Eastgate – CF of Eastgate Plaza, LLC) or ( O’Fallon IL – CF of O’Fallon IL, LLC ) or ( Fenton – CF of Fenton, LLC) or (Ellisville – CF of Ellisville) or (New Arnold -Club Fitness of Crossroads) or (Lake St. Louis – CF of Lake St. Louis, LLC) or (South County – CF of Lindbergh, LLC) or Club Fitness Holdings, Inc.

ENTIRE AGREEMENT AND ENFORCEMENT: You acknowledge that this Agreement constitutes the entire agreement between the parties and that you have not relied on any promises, representations, understandings and/or Agreements relating to this membership purchase. At our option this membership may be NULL & VOID if it is not in accordance with our current pricing and membership policy. NO CHANGE TO ANY PRINTED ITEM IN THIS AGREEMENT SHALL BE VALID. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each party.

Miscellaneous: This Agreement may be assigned by Club Fitness or its Affiliates at any time for any reason. You may not sell, assign or transfer your rights or obligations under this Agreement. Agreement benefits solely the parties to this Agreement and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement and all related documents including all exhibits attached hereto are governed by, and construed in accordance with, the laws of the State of Missouri.

MEMBER HAS READ AND AGREED TO THE TERMS AND CONDITIONS AS SET FORTH ABOVE, INCLUDING, BUT NOT LIMITED TO THE RELEASE OF LIABILITY. MEMBER HAS RECEIVED AN ELECTRONIC COPY OF SIGNED CLUB FITNESS MEMBERSHIP AGREEMENT.

By accepting the terms of this Agreement, you hereby agree to the terms and conditions of this Agreement and consents to the same.

KIDS CLUB GUIDELINES

Exhibit D – Kids Club

Club Fitness offers limited childcare at certain locations during business hours for members, subject to the following terms:

Maximum age for Kids Club is 12 years old. Please see specific club for minimum age restrictions at the time of enrollment. Prior to using the services, the parent or legal guardian is required complete and keep current a signed copy of these guidelines at each location where the children will participate in the service.

Parent or a legal guardian is required to check each child in and out for each use of the service.

Only the parent or legal guardian may sign in/out their own child. The same parent or legal guardian must sign them out. Parent or legal guardian must remain on the premises for the duration of the child’s stay in Kids Club. You may request a copy of the guidelines at any time.

Maximum time limit is 2 hours per child per day. Maximum occupancy can change from location to location based on square footage, staffing and maximum capacity. Maximum capacity may not always be based on physical children in attendance and is in the discretion of Club Fitness. In rare cases, a waiting list may be used. Club Fitness reserves the right to reduce stay times as needed.

No food or drink, other than a spill proof cup for water only and labeled with the child’s name, is allowed.

Parents or legal Guardians are responsible for feeding and changing diapers or clothing. Kids Club associate will not assist child in the restroom in any way. The associate will allow the child to use the restroom on their own.

For the safety of other children and our staff, Kids Club associates and Club Fitness Management reserve the right to refuse entry to any child showing signs of fever or illness of any kind, including rashes.

Club Fitness expects that participants utilize “treat others as you would like to be treated” behavior. No hitting, biting, spitting, name calling, bullying or rough horse play is permitted. At Club Fitness’s sole discretion, we may require the removal of a child from the Kid Club for a period of time, up to and including permanent suspension from the service.

These Guidelines are subject to change as needed, without notice.

Club Fitness does not accept responsibility for items brought into the Kid’s Club that are damaged, lost or stolen.

By being a Member of Club Fitness, you hereby agree to the following:

You have read the provided guidelines and agree to comply with the same.
You have provided relevant medical information for any/all above listed children.

You understand that neither Club Fitness nor any of its employees shall be held liable or responsible for any accident or injury that may occur while my child is present in the Kids Club and that you are solely responsible for the safety and wellbeing of your child while in Club Fitness.

You understand Club Fitness enforces all Guidelines and Authorizations and reserves the right to refuse admittance to any member or child that does not follow all guidelines. You understand that you may request a copy of the Guidelines at any time.
You understand and acknowledge that this service is not a licensed childcare or daycare facility and is not required to be licensed. You acknowledge and consent that Club Fitness may videotape or take pictures of any activities that take place in the Kids Club, including any incidents or injuries, and that Club Fitness is not required to release such information to any party.