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 https://www.abcfitness.com/privacy-policy/.
AUTOMATIC RENEWAL: All memberships are month to month. Members can cancel via certified mail, via email at [email protected], or through their MYiClubonline account, www.myiclubonline.com. Recurring payments will continue until Member cancels this Agreement and Agreement expires.
By applying your initials or signature below, you acknowledge and agree that this agreement will automatically renew and will continue until you cancel, in accordance with the terms and fees described above.
NOTICE TO THE BUYER: You have the right to cancel this contract during the first fifteen days after the membership start date, or after the first fifteen days, if, due to death, illness, injury, or a change in residence, or an employment relocation where you are unable to use the full membership privileges in this contract. If you cancel, you will have to pay only for the goods or services you are entitled to up through the month in which you cancel, plus a registration fee of 5% of the price of this contract (not counting any finance charge), not to exceed $25. You must notify VIDA Fitness by certified or registered mail at the address given in this contract of your intention to cancel, or your cancellation will not be effective. If your cancellation is due to illness or injury, a certificate from a doctor of your choice must accompany your notice of cancellation to the health club. Contact the District of Columbia Office of Consumer Affairs if you have a question as to how to calculate your obligation or your refund after you cancel. Cancellations within the first 15 days will receive a full refund of the monthly dues payment and any unused Additional Services sessions.
NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Terms & Conditions
VIDA Fitness, hereinafter referred to as the “Club,” may allow you to cancel this membership by methods other than written notice by certified or registered mail. If you elect to cancel this Agreement using any alternative method approved from time to time by the Club, you hereby agree that such cancellation will become effective on the last day of the billing cycle which occurs thirty days after the delivery to VIDA Fitness of your alternative notice of cancellation. You further agree to pay in full all outstanding additional services fees and charges as well as future dues and charges for goods and services through the effective date of this alternative method of cancellation. Nothing in this Agreement shall be construed to limit or waive your right to cancel this Agreement as permitted under District of Columbia law. This Agreement will become legally binding once you complete VIDA’s digital enrollment process. By completing this enrollment process, you affirm that you have read this Agreement in its entirety and that you agree that the terms in each individual section are part of the Agreement.
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 VIDA Fitness and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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.
Preauthorized Payments
I/We hereby request the privilege of paying to ABC Fitness 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) This preauthorization payment arrangement shall apply to the following Applicant(s):
DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this Agreement, the Club will have the right to declare the entire re- maining 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 INSUF- FICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If you are 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 you owe, including any and all late fees and service fees. Subject to ap- propriate 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.
Waiver and Release
You, on behalf of yourself and any dependent(s), represent and agree as follows: (a) that you understand that the use of the Club’s facilities, equipment, services, premises, and programs (including Outdoor Activities that take place off the Club’s premises) includes an inherent risk of injury to persons and property; (b) that you understand that the Club and its agents and/or employees do not control the areas in which any Outdoor Activities take place, or the public sidewalks and streets that you may traverse to get to and from the location(s) of the Outdoor Activities, (c) that you are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent you from exercising and using the Club’s facilities without injuring yourself or impairing your health; and (d) that you have consulted a physician concerning your proposed exercise program and that your physician has approved your contemplated activities at the Club. You understand that risk of injury includes, but is not limited to, injuries arising from or relating to the use by you or your dependent(s) or others of exercise equipment and machines, locker rooms, spa, tanning booths and other wet areas and other club facilities; injuries arising from or relating to participation by you or others in supervised or unsupervised activities or programs throughout the Club; injuries and medical disorders arising from or relating to the use of the Club’s facilities such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, torn muscles, tendons, ligaments among others; accidental injuries (including those caused by you, those caused by other persons and those of a slip and fall nature) occurring anywhere in the Club, including lobbies, hallways, exercise areas, locker rooms, steam rooms, pool area, jacuzzi, sauna, and dressing rooms or activities associated with the Club which are carried on anywhere or while you are traveling to or from the Club; and injuries and medical disorders arising out of participation in Outdoor Activities, such as those arising out of weather conditions (heat, cold, humidity, wind, rain, hail, sleet, and snow); pedestrian, bicycle, and ve- hicular traffic; uneven or hazardous terrain; allergic reaction to airborne allergens and pollution and/or any plants you may come into contact with; and the negligent or criminal activity of persons unconnected to the Club who may be present in loca- tions in which the Outdoor Activities take place or traveling to and from any Outdoor Activities. If you have any special exercise requirements or limitations, you agree to disclose them to the Club before using the Club’s facilities or when seeking help in establishing or carrying on an exercise program.
YOU HEREBY AGREE THAT ALL EXERCISES AND USE OF THE CLUB’S FA- CILITIES, EQUIPMENT AND SERVICES, PROGRAMS AND PREMISES ARE UNDERTAKEN BY YOU AT YOUR SOLE RISK. By executing this Agreement, you explicitly waive all claims which you or any of your dependents may have hereafter against the Club and/or its agents or employees, and do hereby release the Club and/ or its agents and employees on your behalf and on behalf of any dependents, and agree to hold the Club and/or its agents and employees absolutely harmless from all claims, demands, injuries, damages, actions, suits, or causes of action to persons or property, arising out of or in any way connected with you or your dependent’s use of the Club’s facilities, premises, equipment, services or programs, including those
arising out of any active or passive negligent act or omission of the Club and/or its agents or employees. YOU FURTHER AGREE, ON BEHALF OF YOURSELF AND ANY DEPENDENTS, THAT YOU HEREBY ASSUME FULL RESPONSIBIL- ITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO ANY NEGLIGENT ACT OR OMISSION OF THE CLUB AND/OR ITS AGENTS AND EMPLOYEES.
By completing this Agreement, you acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability. You are waiv- ing any right you may have to bring a legal action to assert a claim against the Club and/or its agents and employees for any negligence of the Club and/or its agents or employees.
For the protection of our patrons, staff, and facilities, VIDA may, from time to time, install video surveillance equipment in its facilities. I have read the VIDA video surveillance privacy policy and understand that it provides for the video surveillance of VIDA facilities, including but not limited to, locker-room surveillance. I hereby give my consent to such video surveillance at any time VIDA may choose.
For the protection of our patrons, staff, and facilities, VIDA may, from time to time, install video surveillance equipment in its facilities. Such surveillance may include locker-room surveillance.
In the event of an incident on VIDA premises, video recordings will be reviewed. Relevant video recordings will be preserved and provided to law enforcement.
This locker room is under video surveillance. By using these facilities, you consent to video surveillance.
This added layer of security helps protect your personal property. Please do your part and always securely lock your belongings inside of a locker. Report any suspi- cious activity to the Manager-on-Duty. We will never place video cameras in the toilet areas, shower areas, or any other area prohibited by law.
Arbitration
You hereby agree that any dispute, controversy, or claim arising out of or relating in any way to the Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this 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 city of your club location. In the event of a claim arising out of or relating in any way to the 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 Agreement, including without limitations, its third party payment processor, which is currently ABC Fitness Solu- tions, 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 AR- BITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REP-
RESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN Consent. Certain laws and regulations may require VIDA Fitness 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 elec- tronically. Member’s consent hereto shall apply to each and every disclosure, notice, Agreement, statement, term and condition, and any other information (collectively, “Documents”) that VIDA Fitness and/or ABC Fitness Solutions, LLC, may provide Member. Member’s consent to receive Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a paper copy of all electronic Documents by contacting VIDA Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw their consent at any time by notifying the customer service department of VIDA Fitness and/or ABC Fitness Solutions, LLC. Upon withdrawing consent, Member shall no longer receive Docu- ments 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 VIDA Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify VIDA Fitness and/or ABC Fitness Solutions, LLC, of any changes to Member’s email address. If Member has provided another type of electronic con- tact information, such as a phone number, then Member may change that contact information by contacting the customer service department of VIDA Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive Documents electronically, Member agrees and acknowledges that it must have: (i) a computer, mobile device, tablet or smartphone, (ii) 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.
By accepting the terms of this Agreement, You hereby consent to receive Docu- ments electronically according to the terms and conditions outlined above. You also confirm that you have the software, hardware, and other means neces- sary to access, view and receive Documents electronically, and that you have provided a valid and active email address to VIDA Fitness and/or ABC Fitness Solutions, LLC.
This Agreement shall be governed by, and construed in accordance with, the law of the Commonwealth of Virginia, except to the extent preempted by federal law, and shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors, assigns, heirs, agents, and representatives. Should any portion, or portions, of this Agreement be found or declared unenforceable or void by any court or competent tribunal for any reason, the remaining portions shall be severable, and fully enforceable, as if no such finding of un-enforceability had is- sued. The parties hereto affirmatively state they have read this Agreement or caused the same to be read by their duly authorized officers or representatives. It is with such knowledge and understanding of its terms that each party voluntarily causes this Agreement to be executed by themselves of their duly authorized representa- tives. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing the Agreement to be drafted. Should either party seek to enforce this Agreement and prevail in whole or in part, such prevailing party shall be entitled to their or its reasonable attorneys’ fees and cost incurred therein from the other party.
You hereby affirm that you have received a copy of the Club’s Rules and Regulations, the terms of which are incorporated herein by reference and which may be altered, amended or repealed by the Club from time to time. By entering into this Agreement, you agree to be bound by the Club’s Rules and Regulations as they now exist and as they may be amended by the Club in its sole and absolute discretion.
1. St. James to VIDA membership: St. James members will continue their cur- rent St. James rate for the first 6 months of their VIDA membership. Membership dues will be increased to $129/month starting with the 7th month of this agree- ment. The $129/month rate is subject to our normal annual price increase.
2. Membership Term. All membership agreements have an initial term of twelve months unless the agreement states otherwise. After the expiration of the initial twelve-month membership agreement, as long as a member is in good standing and his or her dues are kept current, the membership will automatically convert to a new month-to-month membership at the reduced monthly dues rate af- forded to annual memberships. A member may also choose to pay dues for any number of months in advance.
3. Value Added Program packages. The Club may require an initial purchase of Additional Services with each membership. Refer to the section on Additional Services for terms and conditions.
4. Monthly Dues. Members shall pay, in advance, all monthly dues and Additional Services. The Monthly Dues set forth in membership agreements shall be hon- ored for the term thereof. After the expiration of the initial annual membership agreement, VIDA may adjust monthly dues upon giving members thirty (30) days prior notice, posted in the clubs, and/ or sent by mail or email. VIDA may adjust fees, other than monthly dues, at any time.
5. Advance Payment. Members may pay all dues for the initial term of this agree- ment, as well as the enrollment fee and/or Value Added Program package, in advance (check or acceptable credit card).
6. Form of Payment. Monthly dues and incidental charges are payable only by electronic funds from the member’s checking account, savings account, VISA, Master Card, Discover Card, or American Express. Members must authorize such payments to be made through a third-party administered electronic funds transfer system. Members maintain full control and privacy over their accounts at all times, and the transfer of funds affects only those fees that have prior authorization of the member. The transfers will take place automatically every month unless VIDA notifies the members otherwise. VIDA has placed, in ac- cordance with Commonwealth of Virginia Code Section 59.1-306, security guar- anteeing fulfillment of its obligations under membership contract entered into, should the company be unable to fulfill its obligations prior to the expiration of the members’ contact. In the event member’s form of payment is declined dur- ing automatic billing, VIDA may collect partial payments of any amount owed via manual transactions at any point until balance is paid in full.
7. Returned or Declined Payment Penalty. Members will automatically be charged ten dollars ($10) for any returned or declined payment due to closed accounts, insufficient funds, etc. This fee may be adjusted from time to time.
8. Limited Memberships. Memberships may be limited so that members may have reasonable use of club facilities. It is expected that there may be occa- sional delays, especially during peak times, in using the fitness equipment, or that members may not be able to attend preferred exercise classes. Reserva- tions may be taken for heavily attended classes; however, all reservations are released 15 minutes prior to the scheduled class time and members may gain entrance on a walk-in basis.
9. Indebtedness of Member. If the indebtedness of any member to VIDA exceeds twenty-five dollars ($25), he or she may be denied the use of the club facilities until such indebtedness has been paid in full. Members with a balance on their account for longer than 90 days will be reported to an independent 3rd party col- lection agency.
10. Delinquency of Assessments. If a member fails to pay when due any amount owed to VIDA (i) the member shall pay to VIDA interest on such amount at the highest possible rate of interest legally permitted, and (ii) the member agrees to pay all court costs plus attorney’s fees if VIDA must refer the member’s account to an attorney.
11. Membership Type Access:
The Basic membership provides access to VIDA City Vista, The Yards and Ballston only.
The Core membership provides access to all the locations listed under the Basic membership and Logan Circle.
The Core+ membership provides access to all the locations listed under the Core membership and U St.
The Unlimited membership provides access to all VIDA locations, Penthouse Pool Clubs and unlimited SweatBox classes.
Cancellation of Membership
1. Membership Term. All memberships are monthly agreements. A member may also choose to pay dues for any number of months in advance.
2. Cancellation of Membership
a) Reasons for cancellation are provided above in the “BUYER’S RIGHT TO CANCEL❞ section, above. After three days, the member must provide proper documentation in order to satisfy the eligibility requirements for membership cancellation. Documentation for illness and injury must be provided in the form of a medical professional’s note on professional stationary. Documentation for a change of residence must be provided in the form of a new lease, deed, utility bill, or employment relocation paperwork.
b) Methods of Cancellation. In addition to the methods stated in the “BUYER’S RIGHT TO CANCEL” section, VIDA Fitness will recognize a membership cancellation if delivered by email to [email protected], by regular mail, through VIDA’s website, or through the individual member’s login portal. Should a member choose one of these alternative methods, the cancellation shall not become effective until the final day of the billing cycle which occurs thirty days after notice of cancellation, and all charges and fees, which accrue during the thirty-day cancellation period have been paid in full. The club will provide the resigning member with temporary authorization providing access to the club until the effective cancellation date.
3. Revocation of membership. At the discretion of VIDA, a membership may be revoked at any time or extension of a membership may be denied if in the reasonable judgment of VIDA the member failed to observe the rules and regulations or has otherwise behaved in a manner contrary to the best interests of the club or its members.
Membership Risk
1. Introduction/Orientation/Certification. Members and guests should seek “proper instruction” from a staff member in the use of all equipment, including fitness machines, free- weights, climbing wall, and cardio-aerobic equipment, before using the club facilities.
2. Loss of Property. VIDA shall not be liable for the disappearance, loss or theft of, or damage to, personal property, including money, negotiable securities or jewelry, unless the members or guest deposited the same with VIDA and received a receipt in writing for such property. In no event, however, even though such property is so deposited and a receipt given, shall VIDA’s liability for disappearance, loss, theft or damage thereof exceed its actual value or one hundred dollars ($100), whichever is less.
3. Parking. VIDA is not responsible for damage to, theft from, or loss of vehicles parked on or around the premises.
General Provisions
1. Members and Guests Rules. All members shall abide by the club rules and regulations and/or modifications subsequently made by the club management.
2. Geometrics. Members wishing to use the club facilities without their geometric scan may provide the club with their full name along with other staff requested verification.
3. Overnight Locker Use. Athletic equipment and attire shall not be left in the clubs overnight unless stored in an assigned rented storage locker. VIDA reserves the right to destroy locks on unassigned lockers and dispose of the contents. VIDA may charge a $15 storage fee for locker contents.
4. Locker Rental. Lockers may be rented on a monthly basis for a fee. Upon receipt of written notification of locker rental cancellation all member contents must be removed prior to the cancellation date. Any locker contents not removed from the premises will be deemed abandoned and shall be disposed of by VIDA within thirty days. The Club reserves the right to raise locker fees at any time with 30 days’ notice. 4.a Laundry Service. VIDA Fitness is not liable for lost, stolen or damaged clothing and/or items.
5. Pets and Bicycles. Pets and bicycles will not be permitted in the club.
6. Proper Attire and Equipment. Club members and guests should wear appropriate attire when using the club’s facilities. Shirts and closed-toe shoes must be worn at all times in the fitness and exercise areas. Denim shorts/pants are not allowed on the fitness equipment. No bare feet/socks only, flip flops, sandals.
7. Guest Policy. A guest may enter with a member for a per visit guest fee. All guests must present a photo ID to enter the club. Members must accompany their guest while in the club.
8. Spotting. Spotting by a member or trainer is required for all use of free-weights. Free-weights may not be used without supervision.
9. Change of Membership Information. Members should promptly notify the club in writing of any changes in billing information, address, telephone numbers, or email. All communications from the Club to the Member are presumed received within five days after mailing. Members may also update their information through their online account.
10. Towels. Towels will be available on the honor system to members and guests. It is requested that members use only one towel. If the club experiences a towel loss that is considered unacceptable, it reserves the right to eliminate the towel service, institute a towel fee, or control the use of towels. Towels may not be removed from the club under any circumstances. Towel theft will result in membership termination.
11. Smoking. Smoking is prohibited in the club.
12. Change of Facilities. The club reserves the right to change its facilities from time to time, to eliminate some of its facilities and services, or to add others.
13. Special Events. The club may from time to time reserve the use of its facilities for leagues, special events, tournaments and private functions.
14. Promotional Marketing. By joining The Club, you acknowledge that VIDA Fitness from time to time may contact you with details on special offers and promotions about products and services. You have the opportunity to opt out from these emails when they are received or by contacting info@vidafitness. com and requesting to opt out of promotional emails. VIDA does not share email addresses with third parties under any circumstances with the exception of the circumstances described in Number 29.
15. Closing of Clubs. It is anticipated that, from time to time, a part of a club or the entire facility will be temporarily unavailable to members while repairs or renovations take place. Management will make every effort to minimize any disruption to members during these periods and if possible to schedule any work during off hours or summer months. Management may also offer members the use of other conveniently located clubs during the period of unavailability. The club may be closed for holidays as well as those days immediately before and after a holiday. The club may also close for any reason or restrict club hours for any reason.
16. Hours of Operation. Club hours of operation are displayed in the club as well as on the website and may be modified from time to time.
17. Non-discrimination. VIDA represents that it will not discriminate against any person because of race, religion, color, sex, age (if over 18), national origin, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, disability, place of residence or business, or source of income in considering applications for membership in the clubs. The minimum age for club membership is 18 years of age.
18. Membership Removal. If VIDA elects to cancel a membership for any reason other than those reasons covered in this agreement within the first year, at VIDA’s sole discretion a pro-rated refund of the enrollment fee may be made to the member.
19. Act of God. In the event that an act of god, such as a pandemic, epidemic, government mandated closure, hurricane, earthquake, flood, natural disaster, or any other event the club deems appropriate that causes more than a temporary closing of the club, members’ dues obligations will automatically convert to the Virtual Membership and pricing until such time as use of the facilities can be safely resumed. Members’ dues obligations will automatically convert back to the contracted membership type and pricing upon reopening of the club. Original dues obligations will not otherwise be affected unless the club cannot reopen within one year.
20. Changing These Rules. The Club reserves the right to change these rules at any time. All changes are effective upon adoption by VIDA. VIDA will make reasonable efforts to notify members of any changes by email (you must provide a working email in order to receive policy changes and updates).
21.Cell Phone Use. Cell Phone use is prohibited in the club unless designated otherwise by club signage. Cell Phone use is not permitted in the locker rooms for any reason and may result in membership termination.
22. Camera Use. Camera use is prohibited in all areas of the club and may result in membership termination.
23. Personal Training, Pilates, TRX, Boot Camp, Small Group Training, Spa Services. Only VIDA personnel may train or give instruction to members and guests. Private training by members or guests is prohibited. Your purchase of these services through VIDA constitutes your agreement to comply with all procedures and rules governing these sessions. There are no refunds or
transfers of unused sessions permitted for these purchases. Please refer to the Additional Services section for terms and conditions.
24. Spa Reservations. Members who cancel spa reservations less than 24 hours before the appointed time will be charged 100% of the service as a cancellation fee.
25.Outdoor Activities. From time to time, The Club may offer certain classes and personal training sessions to members in outdoor locations not on the Club’s premises.
26. Tanning. By entering into this membership agreement with VIDA Fitness, you acknowledge the potential risk associated with using a tanning bed and specifically the tanning beds located on premises and assume any and all risks associated with such activity. You further warrant that you have experience and understanding of your own appropriate exposure to the sun and/or tanning beds in regard to skin type, tone, sensitivity and other factors that contribute to responsible use of tanning equipment. You hereby confirm that no warranty or guarantee, or other assurance, has been made to you covering the results of the tanning process, and you hereby relieve VIDA Fitness and hold them harmless from all liability for injury or damage that may occur. You fully understand the administration of the tanning process, including possible adverse skin reaction, side effects, or other possible complications. You understand that you must wear eye protection when using the tanning beds and that failure to do so may cause severe damage to your eyes. Overexposure to this tanning device may cause painful sunburn, premature aging of the skin, skin thickening, and skin cancer among other harmful effects. You agree not to use the tanning beds while on medication or pregnant. People with inflammatory conditions should not use tanning beds. You further acknowledge that you do not have any contagious skin diseases.
27.Chewing Gum. Chewing Gum may only be disposed of in waste baskets or garbage cans. Members who place chewing gum on fitness equipment, urinals, toilets, furniture, or any other unauthorized area will be subject to membership termination for inappropriate behavior.
28. Sauna, Endless Pools & Penthouse Pool Usage. Members are required to shower prior to entering the Sauna, Endless Pools and the Penthouse Pool.
29. Member Information. At UA’s discretion, it will provide any member information on file pursuant to a subpoena or court order requiring such information. UA retains the right to determine whether to notify a member whose contact or account information has been turned over to a local, state, or federal government agency or law enforcement pursuant to a subpoena or court order.
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
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