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ANNUAL MEMBERSHIP FEE: The Rate Guarantee Fee of $29.95 will be collected 60 days after joining, and on the same date of each year thereafter, as long as your membership is active.
This membership agreement is between Platinum Fitness USA, LLC and/or Platinum Fitness, LLC, 7315 North Oracle Road # 203, Tucson, AZ 85704, herein referred to as “Platinum” and:
MEMBER does hereby join PLATINUM and such membership entitles the MEMBER and authorized MEMBER’S family (“MEMBERS”) to use the PLATINUM facilities. Use of the PLATINUM facilities is included in the monthly dues, except for ancillary services such as towels, permanent lockers, Child
Activity Center, personal training, etc., which are available to MEMBER for additional charges. Any and all exceptions to this Agreement must be listed under “Special Conditions” below. Verbal agreements are not valid. Trade/ Partial Trade or new and renewal memberships that deviate from our current rates must be approved by corporate before becoming valid.
In consideration for being allowed to participate in the activities and programs of PLATINUM and to use its facilities, equipment, and machinery, MEMBER agrees that PLATINUM is not responsible for any injuries, loss of or damage to personal property, including money, belonging to MEMBER or MEMBER’s family, and their respective guests in or about the PLATINUM facilities, surrounding area and parking lot. MEMBER hereby waives, releases and forever discharges PLATINUM and its officers, agents, employees, and representatives from any liability including those caused by the negligent act or omission of any those mentioned or others acting on their behalf. MEMBER realizes and understands that strength and flexibility training including the use of equipment, and aerobic exercise, is potentially a hazardous activity, which involves risk of injury, and MEMBER chooses to voluntarily participate in these activities.
All notices to MEMBER shall be sent to the address set forth at the beginning of this agreement, or to the address on record. MEMBER is obligated to notify PLATINUM in writing within twenty (20) days of an address or telephone change. MEMBER agrees to send all written notices to PLATINUM by certified mail, return receipt requested to 7315 North Oracle Road, Suite 203, Tucson, AZ 85704. I ACKNOWLEDGE HAVING RECEIVED A COPY OF
THIS MEMBERSHIP AGREEMENT AND I HAVE READ AND AGREE TO THE CONDITIONS OF BOTH SIDES OF THIS AGREEMENT.
NOTICE TO CUSTOMER
1. You are entitled to a copy of this contract at the time you sign it.
2. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract.
3. If you choose to cancel this contract, you must either:
A. Send a signed and dated written notice of cancellation by registered mail, return receipt requested to Platinum Fitness
USA, 7315 North Oracle Road Suite 203, Tucson, AZ 85704; or
B. Personally deliver a signed and dated written notice of cancellation to Platinum Fitness USA, 9550 East Golf Links,
Tucson, AZ 85730.
C. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within thirty operating days of receipt of the cancellation notice by the health club. ‘Operating day’ means any day on which patrons may inspect and use the facilities and services of the health club during a period of at least eight hours.
ADDITIONAL CANCELLATION RIGHTS
1. This contract is subject to cancellation by notice sent by registered mail, return receipt requested, or personally delivered to Platinum Fitness USA, 7315 North Oracle Road Suite 203, Tucson, AZ 85704 upon the customer’s death or permanent disability. In a cancellation under subsection, Platinum Fitness USA may retain the portion of the total contract price representing the services used plus reimbursement for the expenses incurred in an amount not to exceed twenty-five per cent (25%) of the total contract price.
2. This contract is subject to cancellation by notice sent by registered mail, return receipt requested, or personally delivered, to Platinum
Fitness USA, 7315 North Oracle Road Suite 203, Tucson, AZ 85704 upon the customer’s change of permanent residence to a location more than twenty-five miles from Platinum Fitness USA or an affiliated health club offering the same or similar services and facilities at no additional expense to the customer. In a cancellation under this subsection, Platinum may retain the portion of the total contract price representing the services used plus reimbursement for the expenses incurred in an amount not to exceed twenty-five per cent (25%) of the total contract price.
3. If MEMBER chooses to cancel this Agreement and membership is a no term (month-to-month) or beyond its initial obligation term, MEMBER need only provide PLATINUM a sixty (60) day prior written cancellation notice by certified mail, return receipt requested to PLATINUM
FITNESS USA, 7315 North Oracle Road Suite 203, Tucson, AZ 85704 or a signed and dated written request of cancellation to the PLATINUM facility which will be forwarded to the corporate office on behalf of the member. Burden of proof of cancellation is the responsibility of the MEMBER. Member is responsible for paying any late or billing fee charges, delinquent dues, and any other charges including bank fees, i.e., returns, NSF, closed account etc., prior to cancellation. When canceling under this provision, PLATINUM will not be obligated to refund more than six (6) months of the member’s monthly dues.
ADDITIONAL TERMS AND CONDITIONS
1. MEMBER hereby declares themselves and MEMBER’s family and their guests to be physically sound and suffering from no condition, impairment disease, infirmity, or other illness that would prevent participation in or be aggravated by any of the activities and programs of PLATINUM. MEMBER represents to PLATINUM that MEMBER and MEMBER’s family and their guests have the permission and approval of his/her physician to participate in the athletic activities, including the use of exercise equipment, and
MEMBER hereby assumes all risk of injury and death, which may result from such activities. IN NO EVENT SHALL PLATINUM BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
2. I further authorize PLATINUM to debit from my account any approved purchases for services, merchandise or food and any balance due as stipulated by this agreement, including but limited to any current or delinquent dues, bank fees, billing fees, cancellation fees, etc.
3. MEMBERS paying membership dues by automatic bank or credit card drafts (EFT - ELECTRONIC FUND TRANSFER) who change their dues account, i.e., banks, account number, expiration date, or name on account, must bring to PLATINUM new account information (voided check or credit card imprint) providing PLATINUM at least twenty (20) days advance notice to the next scheduled payment due date. Failure to provide changed EFT information may result in draft return charges for each attempted draft. If MEMBER’s EFT draft is discontinued for any reason, the “EFT” dues payment mode will default to a “Billing” payment mode at which time the MEMBER’s account will incur a non-negotiable processing fee often dollars ($10.00) per month as do all statement accounts.
4. MEMBER agrees, subject to any provisions stated herein, to pay
PLATINUM the total Minimum Payment Obligation set forth on the first page of this Agreement. MEMBER agrees that failure to pay
PLATINUM any of the required payments with in ten (10) days of their due date can result in suspension of the MEMBER’s right to use the facilities, until such time as MEMBER brings his/her account current. MEMBER suspension from the PLATINUM facilities does not relieve the MEMBER from his/her contractual monetary responsibility. The MEMBER is responsible to pay the entire balance plus any necessary collection fees including late fees of $10 per month, attorney fees and court costs.
5. MEMBER may freeze his/her membership dues at $10.00 per month. The number of frozen months will extend the minimum terms of obligation, if any.
6. MEMBER’s non-use of PLATINUM’S facility does not relieve
MEMBER of his/her obligation to make all payments as set forth in this Agreement, unless otherwise herein stated.
7. Month-to-Month memberships are subject to rate increases with a prior written thirty (30) day notice.
8. THIS MEMBERSHIP IS NOT TRANSFERABLE WITHOUT PRIOR MANAGEMENT APPROVAL.
9. PLATINUM makes no warranties or representations; expressed or implied, other than those set forth herein and the MEMBER’s sole and exclusive remedy in the event of any breach of the
Agreement shall be cancelling of this Agreement.
10. PLATINUM in its sole and absolute discretion, reserves the right to close the PLATINUM facility. This Agreement including all of
PLATINUM’S rights hereunder may be assigned and/ or sold to another party subject to MEMBER’s rights and claims.
11. MEMBER understands and accepts that PLATINUM does not provide security in their parking lots and/ or surrounding areas.
MEMBER agrees that PLATINUM is not responsible for any bodily injuries and/or loss of or damage to personal property belonging to MEMBER. MEMBER’S family and/or guests while parking at the facility.
12. MEMBER agrees that the PLATINUM Rules and Regulations shall bind the MEMBER and MEMBER’S family and their respective guests for usage of the PLATINUM facilities. Failure to abideby the Rules and Regulations shall constitute Agreement default hereunder. Copies of the Rules and Regulations are available at club location.
13. The Management may suspend and/or expel any MEMBER. Cause for suspension/expulsion may consist of violation of any rule or regulation of PLATINUM or of any conduct that in the opinion of Management is prejudicial to the welfare, good order and character of the PLATINUM facilities. In such cases, MEMBER shall not be entitled to any reimbursement or credit for the period during which the membership was suspended/terminated.
14. PLATINUM reserves the right to modify existing PLATINUM rules, regulations, conditions, guidelines, facilities, classes and programs at any time; MEMBER understands that as a result of repairs or maintenance, the club may be required from time to time to restrict the use or close the facility or to temporarily curtail certain Club activities. MEMBER agrees that there will be no reduction, suspension, abatement or apportionment of membership fees, rates or charges during such time or times.
15. Any default by MEMBER under any provision herein shall result in an acceleration of all amounts due hereunder. The entire unpaid balance of the total minimum term obligation plus any earned dues, fees and/ or charges shall be immediately due and payable.
16. MEMBER authorizes PLATINUM to debit from MEMBER’s ACCOUNT a twenty-nine dollar ($29.00) membership fee on a yearly basis in the month in which MEMBER joined.
17. This agreement is governed and constructed in accordance with Arizona Law. If any part of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect.
18. WARNING: PLATINUM PROHIBITS THE USE OF DISTRIBUTION OF ANY ILLEGAL DRUGS OR STEROIDS. MEMBER AGREES NOT TO USE OR DISTRIBUTE ANY ILLEGAL DRUGS OR STEROIDS IN OR ON THE CLUB PREMISES AND UNDERSTANDS THAT NO SUCH ACTIVITY WILL BE TOLERATED ON PLATINUM PREMISES.
19. 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.
20. Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial.
21. 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 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. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. AN ADDITIONAL SERVICE FEE WILL BE CHARGED FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Financial Services, Inc., 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 E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
