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Terms and Conditions

REQUEST FOR PREAUTHORIZED PAYMENT

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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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):

L. Accounts are due on the date stated on this agreement and if not paid in full within 15 days of due date, a late charge of Fifteen Dollars ($15) per month will be assessed to the Member. Membership dues shall be paid in advance without demand on the contractual due date.

M. DAC may, in its discretion, retain my application whether or not accepted for membership and DAC is authorized to check the Member’s credit history and employment history.

N. If accepted for membership, the Member agrees to pay monthly dues without the notice and all other extra charges.

O. In the event DAC shall turn over Member’s account for collection, Member agrees to pay all costs of collection, including a reasonable attorney’s fee. At that time the total contract balance will be due. Furthermore, monies owed hereunder by Member to DAC shall bear interest after said monies have been past due for a period of thirty (30) days, at the maximum rate permitted by applicable law.

P. After the termination of the initial term, a Member shall have the right to terminate membership upon thirty (30) days-notice in 1 of 3 ways. Option 1. Come into the club and fill out a form at the front desk. Option 2. Go online to www.myiclubonline.com. Option 3. Mail a letter U.S. Mail, Certified, to DAC at its usual business address being 3146 Goodman Road, Southaven, Mississippi 38672. As a condition precedent to termination, a member must have paid in full all dues and expenses then due and owing to DAC. All dues and expenses incurred during said thirty (30) day period shall be paid in full at the time of cancellation. In addition, membership cards and club property must be returned to DAC.

Q. Memberships are non-transferable and non-refundable.

R. Upon death of the member or in the case of disability, if a Member is unable to participate in the programs and/or activities provided, the Member and his/her estate shall be relieved of the obligation of making payments for such services other than those received prior to death and/or the onset of disability, as the case may be.

S. A Member must be eighteen (18) years of age or older.

T. At the termination of the initial term, services shall be rendered on a month to month basis unless DAC shall require Member to execute a new contract.

U. Students must be fifteen (15) years of age or older, and parents are required to execute the application for membership if under eighteen (18) years of age.

V. This agreement constitutes the entire Agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. This agreement shall not be modified, amended or supplemented in whole or in part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty, or other provision hereof shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of any other provision hereof.

W. DAC will cancel membership if Member moves outside of a 15 mile radius of DAC. Member must provide DAC with thirty (30) days written notice, have paid all charges due and provide proof of change of address in the form of a utility bill or lease agreement.

X. Member may freeze their membership for up to 3 months. Member will be charged $5/mo while on freeze versus their normal dues. If member is in their initial 12-month agreement, the agreement will be extended out the same amount of time as the requested freeze.

Y. Dues Increase: A. Membership Dues: Member agrees to timely pay the dues and fees (“Monthly Dues”) on the first page of this agreement. If member is a minor, DAC Fitness requires an adult to guarantee payment on behalf of the minor. The enrollment fees and any prepaid monthly dues are not refundable, except as stated in the cancellation section of this agreement. Monthly dues are due and payable regardless of members non-use of the facilities. DAC Fitness reserves the right to determine the amount and terms of payment of membership dues. Dues may be paid by electronic funds transfer (EFT) which may be stopped at any time by timely informing DAC Fitness billing department a minimum of 30 business days prior to your billing date. Dues are monthly and are not guaranteed. Each year on the anniversary date of your enrollment, your dues will be increased by 3%. Any aspect of this membership may be amended and the rights in and to this membership may be assigned by DAC Fitness without notice. B. Additional Charges: Member(s) shall be responsible for the cost of all goods and services incurred by member and/or their guests. DAC Fitness has the right to add to member’s dues any tax the government may impose for the use of DAC Fitness facilities. C. Account Review: I understand it is my obligation to review my bank or credit card statements monthly to verify the appropriate amounts have been drafted. I agree that after ninety (90) days, it will be deemed that I have reviewed my bank or credit card statement and I have then waived my right to receive any credit card, bank account or other account adjustment or refund, including for late fees or other charges.

  1. BUYERS RIGHT TO CANCEL: IF WITHIN FIVE (5) BUSINESS DAYS YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS AGREEMENT BY MAILING A NOTICE TO THE HEALTH SPA BY MIDNIGHT OF THE FIFTH BUSINESS DAY FOLLOWING YOUR PURCHASE OF THE CONTRACT STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE SHOULD BE MAILED TO THE FOLLOWING ADDRESS: DAC, 3146 GOODMAN ROAD., SOUTHAVEN, MS 38672. MAILING BY CERTIFIED MAIL, RETURN RECEIPT, IS ADVISED. COMMITMENT FEES AND THE LAST MONTHS DUES ARE REFUNDABLE WITHIN THE FIVE (5) DAY CANCELLATION PERIOD.

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the releases, and, for myself, my heirs, assigns, and next of kin, i release and agree to indemnify and hold harmless the releases from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, even if arising from the negligence of the releases, to the fullest extent permitted by law.

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 DAC Fitness 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 DAC Fitness and/or ABC Fitness Solutions, LLC, 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.

ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership 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 in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out of or relating in any way to the Membership 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 Membership Agreement, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, 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 ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE 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 DAC 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 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 DAC Fitness 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 DAC Fitness 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 DAC Fitness 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 DAC Fitness and/or ABC Fitness Solutions, LLC, and to promptly notify DAC Fitness 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 DAC Fitness and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they 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 they 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 DAC Fitness 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 DAC Fitness and/or ABC Fitness Solutions, LLC.

FOR ALL BILLING INQUIRIES, PLEASE CALL THE DAC BILLING DEPARTMENT AT: 662-349-0403