The health club must:

1. Deliver to the buyer all information of a personal or private nature, including but not limited to answers to tests or questionnaires, photographs, evaluations, and background information, within 30 days after request therefor;
2. Refund to the buyer at least ninety percent (90%) of the pro rata cost of any unused services, within 30 days after request therefor, if:
   • The buyer is unable to receive benefits from the seller’s services by reason of death or disability; or
   • The buyer relocates more than eight (8) miles from his present location, and more than thirty (30) miles from the seller’s facility and any substantially similar facility that will accept the seller’s obligation under the contract and this Article; or
   • The seller relocates his facility more than eight (8) miles from its present location, or the services provided by the seller are materially impaired.
3. Refund to the buyer the pro rata cost of any unused services under all contracts between the parties, within 30 days after request therefor, if the aggregate price of all contracts in force between the parties exceeds one thousand five hundred dollars ($1,500). Provided, if the contract so provides, the seller may retain a cancellation fee of not more than 25 percent (25%) of the pro rata cost of unused services on all contracts, not to exceed five hundred dollars ($500.00).

Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the contract. Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the contract.

For purposes of this Article, business days are all days other than Saturdays, Sundays, holidays, and days on which the seller’s facility is not open to the buyer. Within 30 days after a prepaid entertainment contract has been cancelled in accordance with this agreement, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.

All members, upon entering the club, are required to check in at the main counter. Members may be required to print their names and show their membership cards, or furnishing other suitable identification as requested by club personnel in order to gain entrance. In the event that a member claims that their membership car has been lost, stolen, or destroyed, the club may require an affidavit setting forth the relevant circumstances, and payment of a service fee before issuing a replacement card, such service fee shall be subject to change by club. The member shall be responsible for surrendering their membership card (including family member cards) within 30 days prior to each anniversary date of membership (unless membership privileges terminate upon such date). Whereupon new membership cards will be issued by club. The club may charge a renewal fee for such purpose, which fee shall be subject to change by the club.

Sportscenter Athletic Club, and any related corporations, urge all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) herby knowingly and voluntarily wave(s) any cause of action of any kind whatsoever arising as the result of such activity from which liability may or could accrue to Sportscenter Athletic Club, its officers, agents, employees, instructors or assigns.

This membership is not negotiable, transferable or cancellable except as otherwise provided herein. This Agreement will bind and inure to the benefit of Sportscenter Athletic Club’s permitted successors and assigns. If this health club ceases operation and fails to offer an alternate location with five miles, no further payments under this contract shall be due to anyone, including any purchaser of any note associated with or contained in this contract.

Operating schedules will be subject to change from time to time, according to periodic postings at the club. The club may be closed on Sundays, holidays, and from December 15th through and including January 1st. The club may be available to men and women on alternate days, or alternate times of day, at club’s sole discretion, subject to change by club management.

MAY I BRING A GUEST?:

We would love to have your friend or family visit us. There is a Member Guest Fee, if the guest is accompanied by a member. Other guests unaccompanied by a member are welcomed and must pay a Non-Member Guest Fee to enter. If you do bring a guest and they decide to become a member, we are happy to apply any fee paid in the last 24 hours toward their annual membership cost.

Members are required to wear soft-soled gym shoes at all times in the exercise area. Blue jean material is not allowed to be worn when exercising. Appropriate exercise clothing should be worn while exercising in the gym.

All courses will be outlined and taught during a member’s initial visits to the club. Any variation from prescribed programs will be taken at the member’s own risk. The member agrees to follow an exact regulated and prescribed course without supervision.

The member agrees to follow designated time use of all machines exactly as prescribed. Maximum time use will be allowed on certain specified machines.

The member understands that equipment may be out of order from time to time. When special factory parts must be ordered some units may be out of order for several weeks. When this occurs, the member agrees to follow a regulated substitute program.

The member will not start a machine or other device until in position and will follow treatment exactly as prescribed by an instructor.

There shall be no right of abatement of the running of the specified term of membership for any reason whatsoever. Failure to attend and use the facility will not relieve members of any liability for payments and amounts due. Should the facilities or all of the services no longer be available at the location at which member enrolls due to any reason including, but not limited to, fire, condemnation, loss of lease, act of God, catastrophe, or any other reason, the club will have the right, at its option, to extend the member’s membership for a period of time of such unavailability, or, the member may be transferred to another “similar health club facility” within the same metropolitan area. In connection therewith, the member agrees that the club’s entire premises may be closed or the club’s location may be changed, moved, or eliminated for any reason, and the member agrees to accept the club’s decision as final. If a location is closed permanently, the club will make every reasonable attempt to provide members with another “similar health club facility” within the same metropolitan area.

No children will be allowed in the premises, except children in the day care center. Children shall be defined as any person under the age of 14. The age may change at the club’s sole discretion without recourse to the member.

The member agrees to be subject to the control and guidance of the club staff while on the premises and will follow instructions of club personnel. The member agrees to conduct themselves in a quiet, well-mannered fashion while on the premises and reserve all criticisms of any major kind about either club members, guests, or club personnel until in a private office with the club manager. The member agrees to obey all rules and conditions of membership contained in this contract or in the future prescribed by the club, and the club reserves the right to revoke or terminate the membership if the member fails to keep and obey any of such rules and conditions.

The buyer agrees and represents on behalf of themselves and all family members that all exercises, treatments, and use of all club facilities shall be undertaken at each member’s own risk, that each member is in good physical condition and physically able to undertake any and all physical exercises and treatments provided by the club, and that the corporation which owns the club and/or any affiliated companies and/or their respective agents and employees, shall not be liable for any claims, demands, injuries, damages, actions, or causes of action to members or their property, which arise wholly or partially due to the negligence of a member, and/or which arise wholly or partially due to the negligence of the corporation or of any affiliated companies and/or their respective agents and employees on the premises where the same are located, and the members do hereby expressly forever release and discharge said corporation or any affiliated companies and/or their respective agents and employees from all such claims, injuries, damages, actions, or causes of action. In case of an accident, the buyer agrees on behalf of themselves and all family members that the injured party will be examined at buyer’s sole expense by a licensed physician who shall report in writing to both the injured party and the corporation owning the club.

The member agrees to pay an extra charge for damage arising from any careless use of equipment, or dropping of weights, etc., cause by the member.

The club, the corporation owning the club, and the agents and employees of both shall not be responsible for damaged, lost, or stolen articles of clothing or any other personal property of the member.

TThe club reserves the right to amend, add to these rules and conditions, and to adopt new rules and conditions without notice to the member, as it may deem necessary for the property of the club.

The member agrees that no warranties, representations, or agreements of merchantability, fitness for a particular purpose, or otherwise, express or implied, were made to member except for those written herein or in writing, signed by an officer of the corporation owning the club.

This membership includes use of all facilities of the club location shown on the face of this agreement excluding massage. The club may, from time to time, allow the member to use other clubs related by ownership, but shall not be contractually obligated to do so, nor to continue to do so even though such privilege shall be extended to the member on one or more occasions. Towels are to be furnished by each member for their own use. The club reserves the right to add massage, towels, or any other services in the future and charge a reasonable amount thereof.

Club may provide, at its sole discretion, childcare services from time to time. Said services, if provided, are not to be viewed as a part of member’s contractual privileges. Said services may be entirely discontinued at the option of the club, and hours, limitations, conditions, and terms of operation may be established or amended at the sole discretion of the club. The club may charge for such service, and may change the amount of such charge, from time to time at its sole discretion.

The member acknowledges that member is purchasing a membership in a physical fitness facility. The club may provide, at its sole discretion, programs (such as dance exercise programs), facilities, services, or equipment as part of its contractual obligations hereunder and may discontinue, change, or modify the same at its sole and absolute discretion, without recourse by the member.

1. Smoking is not permitted in any part of the club, including the locker room area.
2. No members are allowed behind the front desk.
3. No members are allowed in the Pro Shop without supervision.
4. No alcoholic beverages or non-prescription drugs, including anabolic steroids, are allowed on the premises of the club.
5. Weight plates must be put back on the weight racks after each use. Please DO NOT lean the weight plates against the equipment or lay them on the floor.
6. DO NOT drop or slam weights or dumbbells.
7. No chalk or baby power is permitted in the workout area.
8. Weight belts must be removed before utilizing equipment with signs reading “Please Remove Weight Belts”.
9. Lockers are available for your use while visiting our facility. However, locks will not be provided. If you bring your own lock, you must remove it before you leave. If a member’s lock is left on a locker after the member has left the club, the lock will be subject to removal, and the seller will not be obligated to replace the lock.
10. No profanity will be allowed.

We appreciate your respecting the rights of fellow members and guests. Please help us obtain and maintain a wholesome environment.

Contract and renewal dates for members who prepay a full year in advance and join between the 1st and 9th day of the month, will be under contract immediately and their contract will be fulfilled on the first day of the same month in the year in which the contract states. Members who prepay a year in full and join after the 9th day of the month will be under contract immediately and their contract will end the first day of the next month in the year in which their contract is said to end. Contract dates may be extended if the membership is frozen during the contract period in which case, additional paperwork will be required and that request may supersede this contract.

Former members who terminated their membership in good standing will be allowed to rejoin if memberships are available and under the current price structure at that time. Payment of initiation fee will be required. Former members who were terminated due to non-payment of dues, failure to meet cancellation or contract requirements, inappropriate behavior, violation of rules and regulations will be subject to the following before reinstatement is approved; membership availability, payment of full Initiation fee (non-refundable), payment for any previous fees, dues, interest charges or any other amounts due in full and advance payment of a one year non-refundable contract. These memberships must be approved by a Sportscenter Athletic Club Manager.

In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that: (1) the risk of Injury from the activities involved In this program Is significant, Including the potential for permanent paralysis and death, and while particular rules, equipment and personal discipline may reduce this risk, the risk for serious injury does exist and (2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES of others, and assume full responsibility for my participation; and (3) I willingly agree to comply with the stated and customary items and condition for participation and bring such to the attention of the nearest official immediately and, (4) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE INDEMNITY AND HOLD HARMLESS THE Sportscenter Athletic Club, their officers officials, agents, and/or employees, investors other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (RELEASES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, to the fullest extent permitted by law. I have read and understand this contract and release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement and I understand that this is a legally enforceable and binding contract..

(Under Age 18 at Time of Registration): This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above all the releases, and for myself, my heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the Releases from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above. EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES, to the fullest extent permitted by law. This includes participation in programs and activities at ad all Sportscenter owned and operated clubs.

TThe right to add, delete, or change any or all of the above rules, regulations or fee schedules is reserved by the SACHP. The SAC shall not be held responsible or liable by any member or guest for injury to person, damage or loss of property for any reason. The membership of any member may be cancelled or suspended by the SACHP for any period of time due to a violation of any rule or regulation, or any conduct which in the opinion of the SACHP is prejudicial to the welfare, good order and character of the club. Any member or guest(s) of the member found making derogatory remarks or inappropriate behavior involving a staff member and/or club member will not be tolerated. Any such actions by a member or guest(s) that causes harm to the reputation of the club or a staff member will result in an immediate termination of membership.

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 Sportscenter Athletic Club and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, may contact Member at any mailing address, telephone number, cellular telephone number or e-mail address, set forth on the face of this agreement, or subsequently provided by Member to Sportscenter Athletic Club and/or ABC Fitness Solutions, LLC, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

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 Fitness Solutions, LLC.

MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Certain laws and regulations may require Sportscenter Athletic Club and/or ABC Fitness Solutions, 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 Sportscenter Athletic Club nd/or ABC Fitness Solutions, 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 Sportscenter Athletic Club and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Sportscenter Athletic Club and/or ABC Fitness Solutions, 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 ocuments. Member agrees to maintain a valid email address with Sportscenter Athletic Club and/or ABC Fitness Solutions, LLC, and to promptly notify Sportscenter Athletic Club and/or ABC Fitness Solutions, 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 Sportscenter Athletic Club and/or ABC Fitness Solutions, 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 Sportscenter Athletic Club and/or ABC Fitness Solutions, LLC will notify Member following such material modification.