Any
Notice of Cancellation of this Agreement is to be delivered or sent
via First Class Mail to Gold’s Gym SoCal, 19835 Nordhoff
Street, Building 1A Unit B, Northridge, Ca 91324 or sent via email
from the email address on file with the health studio
to CANCELLATIONS@GOLDSGYMSOCAL.COM.
The buyer’s
rights to cancel and terms is listed in this agreement.
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 THIS LAW
IS THE FEDERAL TRADE COMMISSION, EQUAL CREDIT OPPORTUNITY, WASHINGTON
D.C. 20580.
The
date this agreement is entered is the indicated date. The date the
membership starts is the indicated date.
An
Annual
Facilities Fee
of the indicated rate will be billed on the indicated date and on the
same date each year thereafter.
This annual fee is described under Terms and Conditions of
Membership. Section X.
Please
note that your sales professional does not have the authority to
alter the terms of your membership agreement. Only those terms
contained on the following form will apply to your membership. No
prior or subsequent revisions, alterations, additions, or deletions
shall have any force or effect. To the extent that they conflict or
contradict the written terms of the following form, you may not rely
upon any representations by your sales professional, whether oral or
in writing.
WAIVER
& RELEASE OF LIABILITY -- THIS MEMBERSHIP AGREEMENT CONTAINS A
WAIVER & RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN SECTION
XI OF THIS DOCUMENT TO WHICH YOU WILL BE BOUND. DO NOT SIGN THIS
AGREEMENT BEFORE YOU READ IT.
This
membership begins on the indicated date and will expire on the
indicated date. I understand I am signing an indicated number of
month contract. The terms of this agreement shall not exceed 36
months.
Terms
and Conditions
REQUEST
FOR PREAUTHORIZED PAYMENT I/We
hereby request the privilege of paying to ABC
Solutions,
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 listed above.
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.abcfitness.com under
Terms of Service.
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.
his preauthorization payment arrangement shall apply to the following
Applicant(s):
Collection
of Your Personal Information.
ABC collects information about you that is provided in conjunction
with your purchase of services from one of ABC'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 ABC in
any manner, or when you update account or contact information at the
club or online. The information ABC 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 ABC 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.
ABC's Privacy Policy is available at
Policy is available at https://www.abcfitness.com/privacy-policy/.
E-SIGN
CONSENT.
Certain laws and regulations may require Gold's Gym 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 Gold's Gym and/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 Gold's Gym 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 Gold's Gym
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 Documents. Member agrees to maintain a
valid email address with Gold's Gym and/or ABC Fitness Solutions,
LLC, and to promptly notify Gold's Gym 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 Gold's Gym and/or ABC Fitness
Solutions, LLC. To access, view and receive the Documents
electronically, Member agrees and acknowledges that it must have: (i)
a computer, mobile device, tablet or smartphone, (ii) a version of
internet browser software that is up-to-date and supported by
Member's electronic device, (iii) an internet connection, (iv)
software that is capable of accurately reading and displaying
electronic PDF files, (v) a computer or electronic device operating
system capable of supporting the items above, and (vi) a printer or
electronic storage device if Member desires to print any electronic
Documents. Member acknowledges that it may also need a certain brand
or device that can support applications intended for Member's
electronic mobile devices, tablets, and smartphones. In the event the
required software or hardware is modified in such a way that would
create a material risk to Member to access the Documents
electronically, then Gold's Gym and/or ABC Fitness Solutions, 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 Gold's Gym and/or ABC
Fitness Solutions, LLC.
BUYER’S
RIGHT OF CANCELLATION and TERMS:
YOU
THE BUYER (MEMBER) MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO
MIDNIGHT ON THE
FIFTH BUSINESS DAY
OF THE HEALTH STUDIO (GOLD’S GYM) AFTER THE DATE OF THIS
AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT,
MAIL, EMAIL, OR DELIVER A SIGNED AND DATED NOTICE THAT STATES THAT
YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR
EFFECT. THE NOTICE SHALL BE SENT VIA FIRST-CLASS MAIL, VIA EMAIL
FROM AN EMAIL ADDRESS ON FILE WITH THE HEALTH STUDIO, OR DELIVERED
IN PERSON TO GOLD'S GYM SOCAL, 19835
NORDHOFF ST., BUILDING 1A UNIT B, NORTHRIDGE, CA 91324. BY SIGNING
THIS
AGREEEMENT, YOU ACKNOWLEDGE RECEIPT OF A FULLY COMPLETED COPY OF THE
MEMBERSHIP AGREEMENT EXECUTED BY YOU AND THE CLUB AND A COPY OF THE
RULES AND REGULATIONS.
BY EXECUTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS CONTAINED HEREIN.
THE
TERM OF THIS AGREEMENT, MEMBER MAY CANCEL THIS AGREEMENT AT ANY TIME
UPON PAYMENT OF $200 IF CANCELLATION IS DURING THE FIRST HALF OF THE
TERM OF THE AGREEMENT, OR $125 IF CANCELLATION IS DURING THE SECOND
HALF OF THE TERM OF THE AGREEMENT Any
notice of cancellation of this Agreement is to be delivered or sent
via first class mail to Gold's Gym SoCal, 19835
Nordhoff St., Building 1A Unit B, Northridge, CA 91324, or sent via
email from an address on file with the health studio
to cancellations@goldsgymsocal.com.
Any
holder of this Consumer Credit Contract 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. No refunds shall be made for membership dues
paid, except as follows: 1) If the member moves further than 25
miles from any facility operated by the Club, and is unable to
transfer the membership to a comparable facility, the member shall
be relieved from the obligation of making payment for services other
than those received prior to the move, and if the member has been
prepaid any sum for services, so much of such sum as is allocable to
services he has not received shall be promptly refunded. The Club
will charge a cancellation fee of $100 during the first half of the
term of the Agreement, or $50 during the second half. Initiation
fees are non-transferable and except as otherwise provided herein,
subject to the 5 day right to rescind herein, member’s initiation
fee shall be non-refundable; 2) If the member dies or is disabled,
and is therefore unable to receive all services for which he has
contracted, he and his estate shall be relieved from the obligation
of making payments for services other than those received prior to
death or onset of disability, and if he has prepaid any sums for
services, so much of such sum as is allocable to service he has not
received shall be promptly refunded to him or his representative. As
used herein, the term "disability" means a condition,
which precludes the buyer (member) from physically using the
facilities, and such condition is verified by a physician. Any
notice of cancellation of this Agreement is to be delivered or sent
via first class mail to Gold's Gym SoCal, 19835
Nordhoff St ., Building 1A Unit B, Northridge, CA 91324, or sent via
email from an address on file with the health studio
to cancellations@goldsgymsocal.com.
If
this contract and any other contract existing between the parties
requires cumulative payment of one thousand five hundred dollars
($1,500) to two thousand dollars ($2,000), inclusive, including
initiation fees or initial membership fees, you shall have the right
to cancel the contract within 20 days after the contract is
executed. (2) If this contract and any other contract existing
between the parties requires
cumulative payment of two thousand one dollars ($2,001) to two
thousand five hundred dollars ($2,500), inclusive, including
initiation fees or initial membership fees, you shall have the right
to cancel the contract within 30 days after the contract is
executed. (3) If this contract and any other contract existing
between the parties requires cumulative payment of two thousand five
hundred one dollars ($2,501) or more, including initiation fees or
initial membership fees, you shall have the right to cancel the
contract within 45 days after the contract is executed. Any notice
of cancellation of this Agreement is to be delivered or sent via
first class mail to Gold's Gym SoCal, 19835
Nordhoff St., Building 1A Unit B, Northridge, CA 91324, or sent via
email from an address on file with the health studio
to cancellations@goldsgymsocal.com
The
agreed-upon services will begin within six months after the date the
contract is entered into. The consumer may cancel the contract and
receive a pro rata refund if the health studio fails to provide the
specific facilities advertised or offered in writing by the time
indicated. If a health studio fails to meet a timeline set forth in
this section, the consumer may cancel the contract at any time after
the expiration of the timeline. However, if following the expiration
of the timeline, the health studio provides the advertised or
agreed-upon services; the consumer may cancel the contract up to 10
days after those services are provided.
Cancellation
after club is open.
Note that a consumer who pays any money under a contract for health
studio services for a health studio facility that has not yet opened
for business has the right
to cancel the contract and receive a full refund at any time prior
to midnight of the fifth business day after the date the health
studio opens for business. Any notice of cancellation of this
Agreement is to be delivered or sent via first class mail to Gold's
Gym SoCal, 19835
Nordhoff St., Building 1A Unit B, Northridge, CA 91324, or sent via
email from an address on file with the health studio to
cancellations@goldsgymsocal.com.
TERMS
and CONDITIONS OF MEMBERSHIP
I.
SERVICES, FACILITIES AND HOURS OF ACCESS.
The following services are available at all facilities to members at
no extra cost: free weights and cardio equipment. All locations are
open Monday through Thursday, 5:00 a.m. to 10:00 p.m. and Friday,
Saturday, and Sunday 7:00 a.m. to 4:00 p.m. Hours may vary by
location.
II.
CHANGES TO CLASSES AND EQUIPMENT.
The Club reserves the right to make reasonable changes to the type or
quantity of classes or equipment offered.
III.
ADDITIONAL FEES.
AA) Guests of Members: see desk; B) Lost Membership Card - $10.00; C)
Personal Coaching Programs and tanning: please inquire from program
directors.
IV.
MULTIPLE
FACILITY OPTION:
Includes use of the Locations independently owned and operated Gold's
Gym SoCal Group Licensees that can be found at www.
goldsgymsocal.com. GGSOCAL reserves the right to alter, increase or
decrease the number of clubs and locations member may use under the
terms of this Agreement.
V.
PASSPORT
OPTION:
Includes use of the Locations independently owned and operated Gold's
Gym SoCal Group Licensees that can be found at www. goldsgymsocal.com
other than the Hollywood, Downtown Los Angeles, and Santa Barbara
locations. GGSOCAL reserves the right to alter, increase or decrease
the number of clubs and locations member may use under the terms of
this Agreement.
VI.
RENEWAL
POLICY:
If a pre-paid term membership is renewed within 30 days of the
expiration date, you will not be required to pay another Processing
Fee. Notwithstanding any other provision of this Agreement, Gold's
Gym reserves the right to adjust the monthly and or yearly dues once
the initial term of this Agreement has expired, upon 30 days written
notice.
VII.
AUTOMATIC
RENEWAL: NOTICE
- Please take note that, subject to the preceding paragraph, any
membership will automatically renew under the existing terms of this
Agreement of the indicated rate upon expiration unless you provide a
30-day written notice of cancellation. Please
also take note that if a 30-day written notice of cancellation is
given such that 30-days from the date notice is provided falls prior
to the end of a calendar month, dues will have been paid through the
end of that calendar month. For
example, if notice of termination is given on June 15, termination
will become effective on July 15, and you will be billed for
membership for the entire month of July. Thus, under this example if
membership payment is made through electronic fund transfer, such
transfer will be made for membership dues for the entire month of
July. If you prepaid your last month's dues at the time of entering
into this Agreement, your prepaid last month's dues will be applied
to the entire month of July.
VIII.
DEFAULT AND LATE PAYMENTS: Should
you default on any payment obligation 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. A
SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT
CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON.
SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU
WILL BE CHARGED A LATE FEE. If the member is paying monthly dues by
electronic funds transfer (EFT), the Club's billing company, ABC
Fitness Solutions, LLC, 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 EFT are subject to $10.00 per month
increase of monthly dues if EFT payment is stopped or changed. This
will not affect any other provisions of this Agreement.
IX.
ANY CHANGES ON MONTHLY BILLABLE ACCOUNTS MUST BE DONE IN WRITING WITH
30 DAYS NOTICE.
X.
An Annual Facilities fee at the indicated rate will be charged
yearly. A non-refundable Annual Fee of the
indicated amount plus taxes will be assessed on the indicated date
and the same date each year thereafter for the duration of the
membership agreement.
XI.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.
Upon signing this Agreement and forever thereafter, you (Buyer, each
member and all guests) agree that if you engage in any physical
exercise or activity, use any Club facility, or are present on the
premises, you do so at your own risk and assume the risk of any and
all injury and/or damage you might sustain, regardless of whether
such injury and damage arises out of or during physical exercise.
Your assumption of risk includes, without limitation, your use of any
exercise equipment (mechanical or otherwise), the locker room,
sidewalk, parking lot, stairs, pool, whirlpool, sauna, steam room,
racquet courts, lobby area, or any equipment in the Club facility.
You agree to assume the risk of your participation in any activity,
class, program, instruction, or Club-sponsored event. You agree that
you are voluntarily participating in the aforementioned activities
and assume all risk, known and unknown, associated with using the
Club facilities, equipment and premises including, without
limitation, any loss or theft of any personal property. You agree on
behalf of yourself (and all your personal representatives, heirs,
executors, administrators, agents, and assigns) to forever release
and discharge Club and our affiliates (including, but not limited to
Gold's Gym International, Inc ., Gym Management Services, LLC, West
Covina Corporate Fitness, Inc ., Culver City Corporate Fitness, Inc
., Musclebound, Inc ., Musclehead, Inc ., Los Angeles Corporate
Fitness, Inc ., Thousand Oaks Corporate Fitness, Inc ., Fullerton
Corporate Fitness, Inc., Valencia Corporate Fitness, Inc ., Simi
Valley Corporate Fitness, Inc., Santa Anita Corporate Fitness, Inc .,
Montclair Corporate Fitness, Inc., Santa Barbara Corporate Fitness,
Inc., Anaheim Corporate Fitness, Inc ., Glendale Corporate Fitness,
Inc., Oxnard Corporate Fitness, Inc., Carson Corporate Fitness, Inc.,
Northridge Corporate Fitness, Inc., La Mirada Fit, LP, GetFit 1, LP,
GetFit 2, LP, and GetFit 4, LP), and their employees, agents,
representatives, successors, and assigns from any and all claims or
causes of action (known or unknown) arising out of the negligence of
Club, whether active or passive, or that
of any of its affiliates, employees, agents, representatives,
successors, and assigns. This waiver and release of liability
includes, without limitation, injuries which may occur as a result of
(a) your use of any exercise equipment or facilities which may
malfunction or break, (b) Club's improper maintenance of any exercise
equipment or facilities, (c) Club's negligent instruction or
supervision, including personal training; (d) contracting a virus or
disease; and (e) you slipping and falling while on the facility or
any portion of the premises for any reason, including Club's
negligent inspection or maintenance of its facility. Should any
action or arbitration be instituted by any of the parties hereto in
any court of law or equity, or any arbitrator, pertaining to the
enforcement or breach of any of the provisions of this Agreement, the
prevailing party shall be entitled to recover from the non -*
prevailing party, in addition to any judgment or decree rendered
therein, all court costs and reasonable attorneys' fees and expenses.
You further expressly agree that the foregoing release, waiver, and
indemnity Agreement is intended to be as broad and inclusive as
permitted by the law in the State of California and that if any
portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect. This
release is not intended as an attempted release of claims of gross
negligence or intentional acts. You acknowledge that the Club is
designed to and does offer a service to its members encompassing the
entire fitness spectrum. The Club is not in the business of selling
weightlifting equipment, exercise equipment, or other such products
to the public, and the use of such items is incidental to the service
provided by the Club. You acknowledge and agree that the Club does
not place such items into the stream of commerce. This provision
shall survive termination of the Agreement. YOU
ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND
FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE
THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR
RIGHT TO BRING A LEGAL ACTION OR ASSERT A: CLAIM AGAINST CLUB FOR ITS
NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCTON ITS PREMISES. YOU HAVE
READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE
THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM
THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU AGREE, FOR
YOURSELF AND YOUR SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE
REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS,
AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN
CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE
FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY
THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.
XII.
WARNING. Use of steroids to increase strength or growth can cause
serious health problems. Steroids can keep teenagers from growing to
their full height; they can also cause heart disease, stroke, and
damaged liver function. Men and women using steroids may develop
fertility problems, personality changes, and acne. Men can also
experience premature balding and development of breast tissue. These
health hazards are in addition to the civil and criminal penalties
for unauthorized sale, use, or exchange Q anabolic steroids.
XIII.
SEVERABILITY.
These provisions of this contract are severable and if any provision
is determined to be illegal or unenforceable, the remaining
provisions and any partially enforceable provisions shall
nevertheless be enforceable. The Club's failure to enforce any remedy
or provision in this contract shall not be construed as a waiver of
such remedy or provision.
XIV.
GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the
State of California with jurisdiction and venue deemed proper in Los
Angeles, County California.
XV.
INTEGRATION - ENTIRE AGREEMENT. This
Agreement constitutes the entire and exclusive Agreement between the
parties and cancels and supersedes prior promises, representations,
understandings and/or Agreements between the parties. This Agreement
may be modified only by an instrument in writing signed by all
parties; however, the Club or any assignee of this Agreement are
authorized to correct patent errors in the Agreement (and other
related documents).
XVI.
By entering into this Agreement you
and all others on whose behalf you are contracting expressly consent
to receiving commercial emails, text messages, and telephone calls to
any applicable telephone number pursuant to the Telephone
Consumer Protection Act, the California Business and Professions
Code, and any other applicable laws.
This includes but is not limited to calls, facsimiles, emails, and
texts made through automated dialing and/ or that contain
pre-recorded messages. NOTE that your consent to the foregoing is not
a condition of purchase, and if you do not wish to consent, please
contact us and you will be placed on a no call list.
XVII.
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 Gold's Gym 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 Gold's Gym and/or ABC Fitness Solutions, LLC. If you reply
STOP to opt out of text alerts, the opt out will apply to text alerts
only.
RULES
AND REGULATIONS
GENERAL
POLICIES AND PROCEDURES
A.
The Club shall have the unqualified right to make such rules,
regulations, and restrictions in the use of the Club property as it
may deem necessary.
B.
All signs posted in the Club shall be considered as part of the rules
and regulations.
C. No member of the Club shall advertise or
permit his membership to be advertised for sale. Memberships are
non-transferable, non-assignable and non-voting.
D.
Membership cards are issued to members only and are not to be used by
friends or relatives. Infraction of this rule will result in
immediate expulsion from the Club. The membership card is Club
property, the possession of which may be determined at the Club's
discretion.
E.
Charges and fees for services and facilities are subject to change as
deemed necessary by the Club
F.
In the event it is deemed advantageous to the Club to expand the
facilities thereof, the Club may temporarily close for construction
and will make reasonable efforts to substitute another facility for
its members until such construction is completed.
G.
Any member who is loud, offensive, and bothersome to other members or
in Club's sole discretion behaves otherwise in an unbecoming manner
or who is cited for infraction of rules and regulations may be
suspended or expelled from the Club. In the event of termination, the
unused portion of any advanced payment shall be forfeited to the
Club.
H.
Hours of operation are posted at Club and are subject to change as
Club utilization dictates
I.
In the event that a member becomes temporarily disabled and,
therefore, is not able to use the services and facilities of the
Club, the membership term will, at no further cost, be extended for a
period equal to the length of the temporary disability.
J.
There will be NO SMOKING permitted on the Club premises.
K.
All members and guests must sign in at the reception desk upon
entering the Club.
L.
Members must display membership cards every time they enter the club.
Members are required to show photo I.D. with their copy of the
membership Agreement until they receive their membership cards.
Members will not be allowed entry to the Club without membership
cards.
M.
Any additional Club services may only be used by Gold's Gym members
in good standing. A member whose basic Gold's Gym Membership (i.e.,
Health Club membership) has expired must renew in order to take
advantage of additional Club services.
N.
The Club is not responsible for Lost and Found items. Items found are
immediately placed in public lost-and-found locations.
O.
Any notice required or permitted to be given to you shall be
considered duly given when personally delivered to you or mailed to
your address as it appears on your membership Agreement or as
subsequently changed by written notice to the Club. Any notice
required or permitted to be given by you to the Club shall be
considered duly given only when received by the membership office of
the club.
P.
No solicitation allowed in Club or parking lot.
HEALTH
CLUB RULES
A.
Members must wear shirts (covering the chest and back) at all times
in the Club.
B.
Foot covering (i.e., tennis or aerobic shoes) must be worn at all
times in all exercise areas, as well as in the entire Club. Socks and
sandals are not allowed.
C.
Members must be properly attired in standard workout clothes (i.e.,
leggings, gym shorts, jogging suits) while in the exercise areas.
D.
Please be aware of circuit rules. Do not cut in on the circuit or do
sets if other members are waiting.
E.
Profanity is not allowed in the gym.
F.
Members shall not yell or scream across the gym
G.
Members who sweat profusely are asked to use towels when using the
equipment.
H.
No dropping the weights.
I.
Return weights to proper rack when finished.
J.
Have a “spotter” when using heavy weights.
K.
No littering or leaving debris on the gym floor.
L.
Use of hair dyes at the Club is strictly forbidden.
M.
Shaving in steams, saunas, and Jacuzzis is strictly forbidden.
N.
Members and their guests are required to shower before entering
Jacuzzis, pools, and prior to massage.
O.
Eating and drinking is permitted in the lounge only. Please do not
eat and drink in gyms, locker rooms and spa areas.
P.
Belongings may not be left in daily lockers overnight. Locks will be
cut off and contents removed. The Club does not accept responsibility
for items removed from lockers.
Q.
No personal belongings (i.e., gym bags, purses, extra clothing, etc.)
are allowed in our gym floor and workout areas.
R. Chalk is not
allowed to be used in the gym.
S.
No member shall solicit or perform personal training services on the
premises.
T.
Gender Policy. We are committed to providing a safe and supportive
fitness environment for all members and employees and to ensuring
that every member shall have equal access to the facility and all
activities. Additionally, our policy requires that all personnel
promote acceptance and respect among members and employees. This
policy reflects the reality that there may be transgender and gender
nonconforming members and employees. While we will continue to
maintain separate facilities for male and female members, transgender
members and employees are permitted to use the facilities that align
with the gender they identify with. There is no medical or mental
health diagnosis or treatment threshold that a member or employee
must meet in order to have their gender identity recognized and
respected. If another member or employee is making you feel
uncomfortable, please share the specifics of the encounter with club
management so that the incident may be investigated in a timely
manner.
GUESTS
A.
No member shall bring in any individual to perform personal training
services.
B.
All guests must register upon entering the Club
C.
All guests must execute a Waiver
and Release of Liability and Indemnity Agreement.
D.
Former members and members restricted from the Club may not enter as
guests.
E.
Out-of-town guests will be charged guest fees.
F.
The Club reserves the right to refuse anyone who is not properly
attired and/or personally clean.
G.
Any guest found in the Club who has not paid the guest fee will be
charged double and will no longer be able to use the Club. Members
are responsible for their guests
H.
All guests must abide by Club rules and regulations.
CHILDREN.
Children under the age of 12 are not allowed in the Club.