BUYER’S RIGHT TO CANCEL: If you wish to cancel this contract, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to this health club. The notice must say that you do not wish to be bound by the contract and must be delivered or \mailed before 12 midnight of the third business day after you sign and receive a copy of this contract. The notice must be delivered or mailed to Q Fitness, 1306 Wilmington Pike, West Chester, PA 19382. In some cases you may also cancel this contract if you signed it before the health club facility was completed, if the club moves or goes out of business, if you become permanently disabled or if you move from the area. If you cancel, the health club may be entitled to a certain portion of the contract price. If the health club goes out of business or refuses to give you a refund, there may be a bond or letter of credit under which you are entitled to collect. For details, read your contract carefully. Enforcement of the Health Club Act is by the Attorney General of the Commonwealth of Pennsylvania or the district attorney of the county in which the health club is located. You may also bring a private cause of action. If your rights are violated, you may contact the State Bureau of Consumer Protection or your local district attorney.
1. The buyer may cancel the contract without penalty within three business days of its signing and the buyer receiving a fully completed copy thereof. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys, including any initiation fee, paid under the contract.
2. If a health club facility temporarily closes for 30 days or less, the buyer shall receive an extension of the membership term equal to the period during which the facility is closed.
3. The buyer may cancel the contract if the health club facility closes for more than 30 days and the health club fails to provide a comparable facility within ten miles of the location designated in the health club contract. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term.
4. The buyer may extend the membership term of the contract at no additional cost for a period of time equal to the duration of a disability where the buyer has a disability which precludes the buyer from using one-third or more of the health club facilities for a period of less than six months and the disability is verified by a physician.
5. The buyer or his legal representative may cancel the contract if the buyer dies or becomes permanently disabled. A permanent disability means a condition which precludes the buyer from using one-third or more of the facilities for six months or more and the condition is verified by a physician. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $ 100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $ 50. In the case of permanent disability, the health club may require the buyer to submit to a physical examination by a physician agreeable to the buyer and the health club. The additional cost of the examination shall be borne by the health club.
6. The buyer may cancel the contract if the buyer moves more than 25 additional miles from the health club and is unable to transfer the contract to a comparable facility located within five miles of his new residence. Upon receipt of notice of cancellation under this paragraph, the health club shall refund to the buyer all moneys paid in excess of an amount computed as of the date of relocation by dividing the full contract price, including any initiation fee, by the number of weeks in the contract term and multiplying the result by the number of weeks elapsed in the contract term, less a predetermined fee not exceeding $100, or, if more than half the life of the contract has expired, a predetermined fee not exceeding $50.
7. To cancel a contract pursuant to paragraph (2), (4), (5) or (6), the buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested, or by personal delivery to the address specified in the health club contract; that all money to be refunded upon cancellation of the health club contract shall be paid within 40 days of receipt of the notice of cancellation; and that, if the buyer has executed a credit, lien or automatic funds transfer agreement with the health club to pay for health club services, any negotiable instrument or credit or lien agreement executed by the buyer shall also be returned and any automatic transfer shall be canceled within 40 days after the cancellation.
8. Until the health club has provided the buyer with a signed copy of a contract written in full compliance with this section, the buyer may cancel the contract at any time.
9. NOTICE: Any holder of this contract or note 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.
Subject to applicable law, Member agrees that ABC Systems, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Systems. 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.
FitnessGM collects information about you that is provided in conjunction with your purchase of services from one of FitnessGM's health club clients, including information provided on your health club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with the club from whom you purchase services. Your personal information may also be collected from you when you provide information directly to FitnessGM in any manner, or when you update account or contact information at the club or online. The information FitnessGM collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. FitnessGM collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. ABC uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members. FitnessGM's Privacy Policy is available at https://www.fitnessgm.com/privacy.
By checking this box, you agree that Q Fitness, may deliver or cause to be delivered to you at the telephone number provided by you in your membership application and membership contract, telephone calls, telemarketing calls, SMS messages (including text messages), voicemail messages and similar communications using automated systems and technology (including automatic telephone dialing systems), and/or artificial or prerecorded voice messages. Such communications would be about your account, as well as offers from Q Fitness. You 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. You may opt-out at any time. Message and data rates may apply. Message frequency varies. For SMS: text HELP for help and text STOP to cancel messages.
Cancellation Terms: My membership may only be cancelled by e-mailed notification to qfitness@gmail.com with thirty days notice. If a key FOB is issued at sign up, it must be returned to avoid a $75.00 fee. (To return the key please put key in an envelope with name on it and drop in #1 mailbox located outside the gym. DO NOT HAND DELIVER TO A GYM REPRESENTATIVE)
MY LEGAL RESPONSIBILITIES/MEMBERSHIP AGREEMENT MEMBER AGREEMENT/CANCELLATION MONTHLY: THIS AGREEMENT is binding on a month to month basis. Once accepted by management of Q Fitness, LLC, this agreement becomes a legally binding, non-cancelable obligation due by the undersigned. All monthly payments will be withdrawn by ABC Financial (a third party billing company), payments will be drafted by the first of every month. It is YOUR responsibility to keep your financial information current.
* If given a physical fob, in the event that the key is not returned or lost with termination of membership, there will be a $75.00 deactivation charge. All monthly memberships will automatically renew unless cancelled thirty(30) days in advance to avoid continued monthly charges- NO EXCEPTIONS (SEE ABOVE).
SPECIAL PROGRAMS: Any special fitness programs that you may take advantage of that are free and time, material based must be paid for if you choose to opt out before the program ends.
FAMILY MEMBER INDEMNIFICATION
If this is a family membership application, the undersigned agrees that each member of his/her family to be covered, has agreed to assume the risk of injury as stated above and the undersigned will indemnify and hold Q Fitness, LLC, its owners, agents and employees harmless from any claims, for such claims, for such injury and damages brought by such family member.
24 HOUR MEMBER
I understand and agree that this is an unsupervised fitness center. Member acknowledges that no employee will be on site to provide assistance in using the equipment. In recognition of the possible danger connected with any physical activity, member hereby knowingly and voluntarily waives any right of cause of actions now or hereafter of any kind whatsoever arising from which any liability, which may or could accure to Q Fitness, LLC, and its affiliates. Member will reimburse via their pay method for any damages he/she may cause to the equipment and/or to the physical infrastructure of the facility.
***I attest contract, understand and agree that I am legally bound by all its contents.