AUTOMATIC RENEWAL PROGRAM:
Provided that Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically
renew for the rate indicated. Renewal terms may be cancelled at any time provided a 30-day written notice is delivered to the club’s address. It is also understood that the club has the option to increase monthly renewal dues without notice during any renewal period.
This contract may be cancelled under any of the following circumstances.
1. If the buyer dies or becomes physically unable to use a substantial portion of those health spa services used by the buyer from the date of the contract until the time of disability. The contract may require that disability be confirmed by an examination of a physician agreeable to the buyer and the health spa.
2. If the health spa goes out of business.
3. If the health spa moves its facility closest to the residence of the buyer on the date of the contract to a location more than five additional miles from that residence.
4. If the health spa materially changes the health spa services promised as a part of the initial contract.
5. A refund will be provided upon cancellation in an amount computed by dividing the contract price by the number of weeks in the
contract term and multiplying the result by the number of weeks remaining in the contract term.
6. If a facility, construction or improvement is not completed by the date represented in the contract.
7. BUYER’S RIGHT TO CANCEL: If you wish to cancel this contract, without penalty, you may cancel it by delivering or mailing a written notice to the health spa. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be mailed to: 80903 N Highway 395, Hermiston, OR 97838. If you cancel within the three days, the health spa will return to you within 15 days all amounts you have paid.
• This agreement represents the complete understanding between the Member(s) and Hermiston Athletic Club. No representations, written or oral, other than those contained within this agreement are authorized by or binding upon the above named entities. Employees of said entities do not have the authority to alter or modify this agreement in any way.
• The term of this agreement is from month-to-month, automatic renewal (see paragraph 4) for month to month members and 1 year/12 months for contract members.
Monthly fees will be automatically withdrawn via debit/credit card or electronic funds transfer from a checking or savings account. The other option is a prepaid membership. This agreement is bound for all training members and general club memberships.
• If you choose the option of quarterly, semi-annual or annual payments you will be notified by mail approximately 30 days prior to your renewal date. If you do not renew your membership before your renewal date, your membership will automatically expire as of your renewal date. Prepaid Memberships are non-refundable but are transferable for a $50 transfer fee.
• Hermiston Athletic Club membership may be cancelled at any time for month to month members and on your anniversary date for 12 month contract members.
*Notice must be received 30 days prior to your monthly payment date. Cancellations are processed by club staff during registration hours and must be received in writing. No cancellations are accepted by telephone.
• Membership and monthly dues are non-refundable and membership cannot be placed on “hold” (our intent is to keep monthly costs low for everyone). Exceptions to this rule are: medical reason and military personnel on leave for military duty. In both cases, request for membership suspension must be done in advance.
• In order to assure safety and enjoyment of all members, Hermiston Athletic Club reserves the right to cancel membership of any member whose actions are detrimental to the enjoyment or safety of fellow members. If we determine that action must be taken there will be no recourse for appeal or refund.
• Hermiston Athletic Club may improve the rules and regulations governing the operations of the Club from time to time. Notice of any changes will be made available to members via in-house flyers located at the Hermiston Athletic Club bulletin board.
• For your protection, Hermiston Athletic Club is under video recorded surveillance twenty-four (24) hours a day, seven (7) days a week. Video will only be reviewed on a per instance basis – DVR are recorded over every 10 days. Hermiston Athletic Club is not responsible for any lost or stolen personal property.
• All Hermiston Athletic Club members must be 14 years of age or older. Proper identification must be shown at time of sign up. All 14 and 15 year old members, must be accompanied by an adult at all times.
• Unauthorized entrance or use of Hermiston Athletic Club by non-members is not permitted. For safety purposes, if you have left your card at home or have lost it please do not ask other members to open the door for you. If you allow non-members to access the club with your key card or by opening the door for them you will be required to pay $100 (or the maximum allowable by law) per occurrence and may be subject to membership cancellation.
• It is the Member(s) responsibility to know how to properly use machines. Member(s) hold Hermiston Athletic Club harmless from any injury incurred due to improper use of machines.
• Member(s) acknowledges and accepts the risks inherent in the use of Club facilities and services. By use of the Hermiston Athletic Club facilities and services, the Member(s) hereby voluntarily assumes the risk of injury, accident, death, loss or damage to his or her person or property, which might arise from the use of the Club facilities or services. The Member(s), his or her heirs, executors, representatives, or assigns, hereby releases the Club from all claims or liabilities for personal injury or property damage or any kind sustained by the Member(s) while on the premises of the Club except for injuries or damage directly caused by the willful misconduct of the officers or employees of the Club.
• Authorization is given to Hermiston Athletic Club to take photographs of me and those images to be used for the purpose of printed, digital, video or other mediums for the purposes of promotion and publicity for Hermiston Athletic Club. Those images shall be the property of Hermiston Athletic Club for any and all use.
• By signing below member authorizes club and/or its service providers, including, without limit, ABC Financial Services, LLC. to deliver or cause to be delivered to member, at the telephone numbers provided by member in this agreement, telemarketing calls and texts, informational calls, such as bank account fraud alerts, credit card expiration alerts, debt collection calls, research or survey calls using automatic telephone dialing system or an artificial prerecorded voice. By signing below member authorizes express written consent to receive telemarketing and informational calls.
• Any enforcement of this contract are subject to the laws of the State of Washington and any enforcement of this action will be filed with the Superior Court of Benton County.
• This agreement is legally binding and interpreted under the laws of the state of Washington and Oregon. If the Member(s) does not understand this agreement it is his or her responsibility to seek consultation of a professional. Any litigation between Member(s) and Club shall be commenced in Benton County.
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 Kennewick and Oregon 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 Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Hermiston Athletic Club and/or ABC Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, LLC, and to promptly notify Hermiston Athletic Club and/or ABC Financial Services, 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 Hermiston Athletic Club and/ or ABC Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, 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 Hermiston Athletic Club and/or ABC Financial Services, LLC.
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. 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 Financial Services, 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.