Maybe this is a bit excessive but I wanted to get to the contract screen to read the fine print. AND I'm glad I did because the fee is actually $36/month because they tack on the initiation fee each month!!! (unless I'm reading the contract incorrectly)
BALLY TOTAL FITNESS ®
Month-to-Month Membership Contract
Please review this entire Contract to confirm that it contains complete and correct information for both the Buyer (Credit Cardholder), the Member, and the club you are joining. Check the names, street addresses, e-mail addresses and other personal information for the Member and the Buyer, as well as the credit card information for the Buyer, and the address of the club.
To purchase a month-to-month renewable membership from the participating Bally Total Fitness club you have designated below, you must agree to be bound by the terms and conditions set forth below by clicking the "I Accept" icon displayed at the end of this Contract. A temporary 14 day membership pass will be e-mailed to you upon your acceptance. You should print a copy of this Contract for your records.
MONTH-TO-MONTH RENEWABLE MEMBERSHIP CONTRACT -
BALLY TOTAL FITNESS CLUBS
Scandinavian Health Spa, Inc. ("company")
Buyer: simpson j homer
Address: 4950 Simpson Road
Columbus, OH 43220
--------------------------------------------------------------------------------
Member: simpson j homer
Address: 4950 Simpson Road
Columbus, OH 43220
The words "you" and "your" refer to Buyer (Credit Cardholder) or Member as the context requires and "we", "us" and "our" refer to Company. YOU REMAIN OBLIGATED FOR PAYMENTS OWED TO COMPANY UNDER ANY PRIOR CONTRACT.
Rapid Results® Limited Alternate Day Membership: Provides Member only with the use of the Bally Total Fitness® club of enrollment on 3 alternate days of the week (Wednesday-Friday-Sunday) usage. This membership does not allow Member to purchase racquetball or child care. Also allows the Member to receive a sample of various Rapid Results? supplement products.
Your membership starts TODAY and ends on the day before the same date next month, unless renewed. The price of your month-to-month renewable membership consists of an Enrollment Fee of $18.00 and a Monthly Membership Fee of $18.00 for a total initial obligation of $36.00. (please refer to the Automatic Payment Plan Authorization section for the payment dates of these fees). Your membership will automatically renew for a new monthly period unless you cancel your membership or we discontinue this membership program. You may cancel your membership at any time as described below. You will be charged an additional Monthly Membership Fee for every monthly period that your membership renews. Your Enrollment Fee and your Monthly Membership Fee will be subject to applicable sales taxes.
OBLIGATIONS ABSOLUTE. Other than in the event of permitted cancellations described below, Buyer shall not be relieved of the obligation to make payment in accordance with this Contract, and no refund shall be made by reason of the absence or withdrawal of Member from any health club or by reason of Member's failure to use any health club.
ASSIGNMENT. Memberships are not transferable. Neither Buyer nor Member may sell, assign, or transfer this Contract, his/her membership card, temporary 14 day membership pass, or membership and any such attempted sale, assignment or transfer shall be null and void.
RESERVATION OF RIGHTS. We reserve the right at any time to close any club, to cease operating any of the facilities on the club premises or alter the hours of operation, and the right to amend the cost of, add, modify and /or eliminate any program, activity, class or service in our sole discretion. Classes and equipment are available subject to demand and may be crowded at peak hours or may be discontinued or times changed if demand fluctuates.
MEMBER'S RESPONSIBILITY AS TO USE OF CLUB. You (Buyer, each Member and all guests) should consult with your physician before using our services and facilities. You understand and acknowledge that we have no expertise in diagnosing, examining or treating any medical condition. You agree you will not use the facilities with any medical condition, including open cuts, abrasions, sores, infections, maladies or inability to maintain personal hygiene, if such condition poses a direct threat to the health or safety of yourself or others, and agree you will use the facilities in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of these medical conditions exists and, if so, whether such condition poses a direct threat to the health or safety of yourself or others. The club reserves the right, however, to make the final determination in this regard.
MEMBERSHIP RULES AND REGULATIONS. You agree to follow all rules and regulations now in force or in the future adopted by us, or our affiliated health clubs, including, but not limited to, rules and regulations with regard to hours of operation, use of equipment and facilities, personal hygiene and attire. We reserve the right to revoke or suspend your membership, without refund, if you or your guest fail to follow any rules and regulations, for reasons of nuisance, disturbance of other members, moral turpitude or fraud, or if we determine that your actions may endanger yourself or other persons. If your membership is suspended, you shall not be entitled to any refund of your payment. It is prohibited for any Member or guest to conduct, purchase or subscribe to any commercial business or activity or solicit any business competitive with that of the health club (including personal trainer services) at any health club without our prior, express, written consent. Member agrees to pay any revenues received by Member or Member's guest in violation of this policy and reasonable attorney's fees, where permitted, and court costs incurred in that regard.
TERM OF MEMBERSHIP. You are purchasing a month-to-month renewable membership. The term of your membership is one month. Your membership starts on the date of this Contract. Your membership will automatically renew on the same date each month, and you will be responsible for an additional Monthly Membership Fee, unless you cancel your membership. You may cancel your membership at any time by contacting us by mail at Bally Total Fitness Services, P.O. Box 1090, Norwalk, CA 90651-1090 or via email at
memberservices@ballyfitness.com. Your cancellation will be effective at the end of the then current monthly period and you will owe us the Monthly Membership Fee for the current monthly period. You will not be entitled to a refund of any prepaid amounts unless otherwise provided in this Contract. If you cancel your automatic payment authorization, we will consider you to have cancelled your membership.
AUTOMATIC PAYMENT PLAN AUTHORIZATION. You authorize the Company, or its agents, to make charges to the credit card that you have specified below for the payments of the Enrollment Fee and the Monthly Membership Fee, and all other charges and applicable taxes permitted under this Contract. You affirm that you are an authorized signatory of the credit card account specified below. This Automatic Payment Plan Authorization will remain in effect unless and until you cancel your membership or until you give written notice that you revoke this authorization to Bally Total Fitness Services, P.O. Box 1090, Norwalk, CA 90651-1090 or
memberservices@ballyfitness.com or to your credit card issuer. You agree that the Company must have a reasonable time to act on that notice. The processing of your first payment may be delayed up to seven days.
Credit Card Type: Visa Credit Card number: ************3546
Exp Date: 11/2005
Your Enrollment Fee is due upon your acceptance of this Contract and will be charged to your credit card shown above. Your Monthly Membership Fee will be charged to your credit card shown above on 09/09/2002 and on the same date of each month thereafter. Future Monthly Membership Fees will be charged to your credit card every time this membership renews on the same date of every month.
EXCLUSIVE AGREEMENT. This Contract and the rules and regulations of the Company, as revised from time to time, constitute the entire and exclusive agreement between the parties and supercede all prior promises, representations, understandings and/or agreements relating to this membership purchase. This Contract may be modified only by an instrument in writing; however, we or any assignee of this Contract are authorized to correct patent errors in this Contract (and in other related documents). No change to any term in this Contract shall be valid.
GOVERNING LAW. This Contract is governed by the laws of Florida and, to the extent preempted, by federal law.
MISCELLANEOUS. The provisions of this Contract are severable and if any provision is determined to be illegal or unenforceable the remaining provisions and any partially enforceable provision shall nevertheless be enforceable unless otherwise prohibited by state law. Our failure to enforce any remedy or provision of this Contract shall not be construed as a waiver of such remedy or provision.
INDEPENDENT CONTRACTORS. From time to time we may make available to Members and their guests the services of independent contractors. We do not warrant or guarantee the quality of these services and do not guarantee that these services will remain available to members or their guests for any period of time.
WAIVER AND RELEASE. You (Buyer, each Member and all guests) agree that if you engage in any physical exercise or activity or use any club facility on the premises, you do so at your own risk. This includes, without limitation, your use of the locker room, pool, whirlpool, sauna, steam room, parking area, sidewalk or any equipment in the health club and your participation in any activity, class, program or instruction. You agree that you are voluntarily participating in these activities and using these facilities and premises and assume all risk of injury to you or the contraction of any illness or medical condition that might result, or any damage, loss or theft of any personal property. You agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents and assigns and others) to release and discharge us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of our negligence. 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) our improper maintenance of any exercise equipment or facilities, (c) our negligent instruction or supervision, (d) you slipping and falling while in the health club or on the premises; (e) your use of any facility or its improper maintenance; (f) our negligent hiring or negligent retention of any employee; and (g) loss of consortium. You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability. You are waiving any right that you may have to bring a legal action to assert a claim against us for our negligence.
PERFORMANCE. Performance of this Contract will begin no later than 180 days from the date this Contract is entered into.
PERSONAL INFORMATION. All information and material of a personal or private nature that is acquired directly or indirectly from a Buyer including, but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by us to the Buyer by regular mail within thirty days after the expiration of the Contract or after the expiration for any reason of the service to be rendered by us.
NO LIFETIME CONTRACTS. Lifetime contracts are illegal in the State of Ohio. THIS IS NOT A LIFETIME CONTRACT.
CANCELLATION UPON DEATH OR DISABILITY. If by reason of death or disability Member is unable to receive benefits from our services, this Contract shall be proportionally divided by all of the days in which the facility was made available to Member as part of this Contract offering and Buyer shall be liable for payments only for the portion of this Contract that can be attributed to the period prior to Member's death or disability, exclusive of any period of time in which the facility was made available to Member free of charge as part of the Contract offering, and we, within thirty days after receiving notice of death or disability, shall return to Buyer or his representative the amount paid in excess of the proportional amount. In the event Buyer has prepaid any sum for services, we will promptly refund to Buyer so much of such sum as is allocable to the unused Membership Term.
To cancel under this Paragraph, you agree to send to us, in care of Bally Total Fitness Services, P.O. Box 1080, Norwalk, CA 90651-1080, or via e-mail at
memberservices@ballyfitness.com, written notice of cancellation. A notice of cancellation under this paragraph will constitute your personal verification of a qualifying disability as described above or the deceased's estate's authentication of death, as applicable. If Member becomes temporarily disabled during the term of this Contract, and for that reason is unable to use our facilities, we will extend the term of the Contract for a period of time equal to the period that Member is unable for that reason to use our facilities.
CANCELLATION UPON RELOCATION. If Member relocates twenty-five miles or more from the club of enrollment or a substantially similar club that would accept our obligation under this Contract, Buyer may cancel Member's membership and this Contract shall be proportionally divided by all of the days in which the facility was made available to Member as part of this Contract offering and Buyer shall be liable for payments for only that portion of this Contract that can be attributed to the period prior to Member's actual relocation, exclusive of any period of time in which the facility was made available to Member free of charge as part of this Contract offering. In the event Buyer has prepaid any sum for services, we will promptly refund to Buyer so much of such sum as is allocable to the unused Membership Term.
To cancel under this Paragraph, you must send to our office listed in Paragraph 16 written notice that you intend to relocate and request that this Contract be terminated. A notice of cancellation under this paragraph will constitute your personal verification of a qualifying relocation as described above.
OTHER CANCELLATION RIGHTS. If we relocate the club of enrollment twenty-five miles or more from Member's residence or close the club at which Member enrolled and a substantially similar club that would accept our obligation under this Contract is not within twenty-five miles of Member's residence, this Contract shall be proportionally divided by all of the days in which the club was made available to Member as part of this Contract offering and Buyer shall be liable for payments for only that portion of this Contract that can be attributed to the period prior to our actual relocation or closing of the club exclusive of any period of time in which the club was made available to member free of charge as part of this Contract offering, and we shall return to Buyer the amount paid in excess of the proportional amount. In the event Buyer has prepaid any sum for services, we will promptly refund to Buyer so much of such sum as is allocable to the unused Membership Term. To cancel under this Paragraph, please send to our office listed in Paragraph 16 written notice of your intent to cancel this Contract.
CANCELLATION WITHIN 3 DAYS. You may cancel this Contract for any reason at any time prior to midnight of the third business day after the date on which the first service under this Contract is available, and if the facility or services that is the subject of this Contract is not available when you sign this Contract, you may cancel this Contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under this Contract. If you cancel within this period, we must send you a full refund of any money you have paid, except that ten dollars may be charged if you have received your first service under this Contract. We must also cancel and return to you within twenty business days any papers that you have signed.
To cancel this Contract, you must deliver in person, manually, or by certified mail, return receipt requested or via e-mail at
memberservices@ballyfitness.com, the signed and dated copy of the cancellation notice located immediately after this Contract or any written notice of cancellation, or send a telegram, to us, in care of Bally Total Fitness Services, 12440 East Imperial Highway, Suite 300, Norwalk, CA 90650, or to any other Bally Total Fitness Club available for use by you, not later than midnight of the third business day, after the date on which the first service under this Contract is available, and if the facility or service that is the subject of this Contract is not available when this Contract was signed, not later than midnight of the seventh business day after the date on which the first service under this Contract is available.
You have the right to be orally advised of any cancellation rights at the Club of Enrollment shown below.
By clicking "I ACCEPT" below, you acknowledge that you have read, reviewed for completeness and accuracy the personal information pertaining to the Member and Buyer, and understand and agree to be bound by the terms above, including the automatic payment authorization and the club rules and regulations. If you click "I DECLINE" you will not be able to purchase the membership.
Signed: Scandinavian Health Spa, Inc. (Company)
Location of club of enrollment:
Columbus Northwest
Club Registration Number: 819-12
1290 W. Old Henderson Road
Columbus, OH 43220
Signed: simpson homer
Date of Contract: 08/06/2002