{"id":955,"date":"2025-01-31T20:32:46","date_gmt":"2025-01-31T20:32:46","guid":{"rendered":"https:\/\/www.goldsgym.com\/dennis\/?page_id=955"},"modified":"2025-02-15T17:54:30","modified_gmt":"2025-02-15T17:54:30","slug":"terms-of-the-agreement","status":"publish","type":"page","link":"https:\/\/www.goldsgym.com\/dennis\/terms-of-the-agreement\/","title":{"rendered":"Terms of the Agreement"},"content":{"rendered":"\n
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Terms of the agreement<\/h1>\n\n\n\n

Member affirms, acknowledges, and attests that Member\u2019s 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 Gold’s Gym and ABC Financial Services, LLC, including its agents and affiliates, 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 Gold\u2019s Gym and\/or ABC Financial Services, LLC.<\/p>\n\n\n\n

Request For Preauthorized Payment<\/strong><\/p>\n\n\n\n

I\/We hereby requests the privilege of paying to ABC Financial Services, LLC (\u201cThe Company\u201d), 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.<\/p>\n\n\n\n


Subject to the following conditions:<\/strong>
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.<\/p>\n\n\n\n


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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today\u2019s date.<\/p>\n\n\n\n


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.
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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\u2019s website: www.abcfinancial.com under terms and conditions.<\/p>\n\n\n\n


5. The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation. <\/p>\n\n\n\n

6. If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement. <\/p>\n\n\n\n

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.<\/p>\n\n\n\n


8. By executing this Agreement, You authorize Club and Club\u2019s agents, including its third-party payment processing companies (\u201cClub’s Agents\u2019), to store the account or card information provided by You on or in relation to this Agreement and\/or Your Club Membership Agreement (\u201cClub Agreement\u201d), as well as any other account or card information provided by You through any means to Club or Club\u2019s 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, \u201cPayment Information\u201d). Club and\/or Club\u2019s 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\u2019s 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 email notifying You of such changes will be sent to the email address provided by You on the face of Your Club Agreement or, if an email is not provided, notice will be sent to the mailing address provided on Your Club Agreement.<\/p>\n\n\n\n

9. This preauthorization payment arrangement shall apply to the following Applicant(s):<\/p>\n\n\n\n

YOU (THE MEMBER) MAY CANCEL THIS AGREEMENT BY SENDING NOTICE OF YOUR WISH TO CANCEL TO THE HEALTH CLUB BEFORE MIDNIGHT OF THE THIRD DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) OR, IF THE AGREEMENT IS SUBJECT TO A FINANCE CHARGE, THE SEVENTH DAY AFTER THE DAY YOU SIGNED THE AGREEMENT. THIS NOTICE MUST BE COMPLETED AT THE FACILITY OR VIA EMAIL TO THE FOLLOWING ADDRESS: ATTN: 3-DAY CANCELLATION, CUSTOMERRELATIONS@GOLDSGYMTN.COM<\/a>. WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THE NOTICE OF CANCELLATION, THE HEALTH CLUB WILL RETURN ANY PAYMENTS MADE AND ANY NOTE EXECUTED BY YOU IN CONNECTION WITH THE AGREEMENT.<\/strong><\/p>\n\n\n\n


IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, IF THIS HEALTH CLUB CEASES OPERATION AND FAILS TO OFFER YOU (THE BUYER) AN ALTERNATE LOCATION WITHIN FIFTEEN (15) MILES, WITH NO ADDITIONAL COST TO YOU, THEN NO FURTHER PAYMENTS SHALL BE DUE TO ANYONE, INCLUDING ANY PURCHASER OF ANY NOTE ASSOCIATED WITH OR CONTAINED IN THIS CONTRACT.<\/strong><\/p>\n\n\n\n


STATE LAW REQUIRES THAT ANY HEALTH CLUB AGREEMENT THAT IS NOT CANCELLABLE ON THIRTY (30) DAYS\u2019 NOTICE OR LESS BE PAYABLE ONLY IN THE FOLLOWING MANNER, AND ANY HEALTH CLUB THAT ENTERS INTO HEALTH CLUB AGREEMENTS SHALL OFFER BOTH PAYMENT OPTIONS AT THE SAME PRICE, EXCLUDING INTEREST OR FINANCE CHARGES OR OTHER EQUIVALENT CHARGES THAT SHALL NOT EXCEED EIGHTEEN PERCENT (18%) OF THE TOTAL CONTRACT PRICE:<\/strong><\/p>\n\n\n\n


(a) Full payment within ninety (90) days after entering into the health club agreement; or
(b) Equal monthly installments with any down payment (unless exempt as provided by law) limited to thirty percent (30%) of the total cost of the agreement. Prepayment is allowed at any time with full refund of unearned finance charges.<\/strong><\/p>\n\n\n\n


PLEASE READ THIS CONTRACT CAREFULLY. THIS CONTRACT MAY CONTAIN PAYMENTS INCLUDING, BUT NOT LIMITED TO, ENROLLMENT FEES, ANNUAL FEES, MEMBERSHIP FEES, AND OTHER DIRECT PAYMENTS TO THE HEALTH CLUB, INCLUDING FULL PAYMENT FOR THE HEALTH CLUB AGREEMENT OR MONTHLY INSTALLMENT PAYMENTS WITH ANY DOWN PAYMENT (UNLESS EXEMPT AS PROVIDED BY LAW) LIMITED TO THIRTY PERCENT (30%) OF THE TOTAL COST OF THE AGREEMENT, AND, IN THE CASE OF INSTALLMENT PAYMENTS THAT ARE NOT MADE BY ELECTRONIC FUND TRANSFER OR CASH, AN ADMINISTRATIVE CHARGE, NOT TO EXCEED FIVE DOLLARS ($5.00) FOR EACH BILLING PERIOD. ALL SUCH PAYMENTS MUST BE DISCLOSED IN THE CONTRACT.<\/strong><\/p>\n\n\n\n


THERE ARE NO AUTOMATIC OR LIFETIME RENEWALS OF THE TERM INCIDENT TO THE TERM OF THIS CONTRACT. IF THE HEALTH CLUB PROVIDES FOR A RENEWAL OPTION, THEN, UNLESS SUCH RENEWAL TERM IS CANCELLABLE ON THIRTY (30) DAYS\u2019 NOTICE OR LESS, SUCH OPTION MUST BE AFFIRMATIVELY AGREED TO IN WRITING BY THE BUYER AT THE BEGINNING OF THE RENEWAL PERIOD. IF THE HEALTH CLUB FACILITY IS LESS THAN OR EQUAL TO TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR SEVENTY-FIVE DOLLARS ($75), WHICHEVER IS GREATER. HOWEVER, IF THE HEALTH CLUB FACILITY IS GREATER THAN TEN THOUSAND (10,000) SQUARE FEET (GROSS) OF BUILDING SPACE, THEN THE ANNUAL COST OF SUCH RENEWAL SHALL NOT BE LESS THAN THIRTY PERCENT (30%) OF THE ANNUALIZED COST OF THE BASE MEMBERSHIP CONTRACT OR ONE HUNDRED TWENTY-FIVE DOLLARS ($125), WHICHEVER IS GREATER. PAYMENT OF ANY RENEWAL SHALL BE MADE AS REQUIRED BY TENNESSEE CODE ANNOTATED, SECTION 47-18-305(a)(5)(B)(ii).<\/strong><\/p>\n\n\n\n


A CONTRACT OR AGREEMENT MAY HAVE A CONTINUING PROVISION OR STIPULATION THAT PROVIDES FOR A MONTH-TO-MONTH CONTINUATION OF THE INITIAL TERM OF THE AGREEMENT, PROVIDED THE BUYER HAS THE RIGHT TO CANCEL THE CONTINUING PORTION OF THE AGREEMENT AFTER FULFILLING THE ORIGINAL TERM OF THE AGREEMENT BY TENDERING THIRTY (30) DAYS\u2019 WRITTEN NOTICE OF SUCH INTENT TO THE OPERATOR BY REGISTERED MAIL. IF SUCH CONTRACTUAL OBLIGATION HAS A CONTINUING PROVISION OR STIPULATION AFTER A REQUIRED INITIAL TERM OF MORE THAN TWO (2) MONTHS, NOTIFICATION MUST BE SENT BY THE HEALTH CLUB OPERATOR TO CONFIRM THAT THE ORIGINAL TERMS REMAIN IN EFFECT<\/strong><\/p>\n\n\n\n

OBLIGATION WAS FULFILLED AND TO REAFFIRM THE MONTH-TO-MONTH OR CONTINUING PROVISION OR STIPULATION. SUCH NOTIFICATION SHALL ALSO INCLUDE NOTICE OF THE BUYER’S RIGHT TO CANCEL THE CONTINUING MONTH-TO-MONTH OBLIGATION UPON THIRTY (30) DAYS’ WRITTEN NOTICE SENT BY THE BUYER TO THE OPERATOR BY REGISTERED MAIL.<\/strong><\/p>\n\n\n\n

ANY RENEWAL RIGHT GRANTED UNDER THIS CONTRACT SHALL EXPIRE ON THE FINAL DAY OF THE AGREEMENT. HOWEVER, THE BUYER SHALL HAVE A THIRTY (30) DAY GRACE PERIOD FROM THE DATE OF THE EXPIRATION OF THE RENEWAL RIGHT IN WHICH TO EXERCISE ANY RENEWAL RIGHT GRANTED TO THE BUYER UNDER THIS CONTRACT. THE OPERATOR SHALL HAVE THE RIGHT TO CHARGE A LATE PENALTY OF UP TO TWENTY-FIVE DOLLARS ($25) IF THE RENEWAL RIGHTS ARE NOT EXERCISED ON OR BEFORE THE EXPIRATION DATE AS STIPULATED IN THE AGREEMENT OR ANY FUTURE RENEWAL PERIODS.
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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.<\/strong><\/p>\n\n\n\n


GENERAL:<\/strong> Gold’s Gym reserves the right to add or eliminate locations, facilities and\/or services available to Member. The hours of operation will be set by Gold’s Gym and may be changed at any time in its sole discretion. Gold’s Gym expressly reserves the right to add to, eliminate, or alter any program amenity, membership type or service, equipment, furniture or fixture when deemed necessary or desirable in its sole discretion. Gold’s Gym reserves the right to change its Bi-Weekly Dues on all memberships, at any time, with a thirty (30) day advance notice to member, except for those on unexpired “paid in full” or “term” membership plans. The information on this Agreement is the property of Gold’s Gym and its subsidiaries. Unused portions of “Paid in Full” memberships will not be refunded, but Member may transfer unused time remaining on their membership to a third party, provided the transferee signs a new membership agreement with the remaining time showing as a credit on the new agreement. Membership does not confer on Member any ownership interest in Gold’s Gym or any of its property. Each January at its discretion Gold’s Gym may assess a 3% cost of living increase on all Bi-Weekly EFT Dues.<\/p>\n\n\n\n


RULES AND REGULATIONS:<\/strong> Member acknowledges that Gold’s Gym is a private membership facility and it reserves the right to admit or refuse to admit anyone at any time in its sole discretion. Member further acknowledges the existence of and the need for rules and regulations governing the use of Gold’s Gym’s equipment and facilities and participation in programs and services (the “Rules and Regulations”). Gold’s Gym will post in the facility a copy of the Rules and Regulations. Member agrees to comply with all Rules and Regulations as presently in effect or as hereinafter modified, amended or supplemented. Gold’s Gym reserves the right to modify, amend, or supplement the Rules and Regulations from time to time in its sole discretion. If Member violates the Rules and Regulations Gold’s Gym reserves the right to cancel their membership and restrict Member’s future access in the facility. If the membership is cancelled for non-compliance of the Rules and Regulation, Member hereby agrees to forfeit any and all down payment, initiation fee and\/or deposit paid to Gold’s Gym. If Member is paying Dues then said Dues amount shall be discontinued. However, if there are any back Dues amount owed at the time of cancellation, Member shall continue to be liable for the said past Due amounts until such is paid in full to Gold’s Gym.<\/p>\n\n\n\n


RENEWAL, CANCELLATION AND DEFAULT POLICY<\/strong>: This Agreement will renew automatically on a month to month basis at the end of the Initial Term with Bi-Weekly dues to be paid in the amount equal to the dues for the equivalent membership type in effect at that date. However, Gold’s Gym reserves the right to adjust the Bi-Weekly dues to reflect the price currently being charged for similar membership plans then in effect at the time of the conversion to a month to month membership following a thirty (30) day advance notice to Member. Bi-Weekly installment payments are drafted automatically every other Friday with the billing information provided on the Member Agreement. All Bi-Weekly Dues are due and payable every other Friday beginning on the “billing date” as indicated on the Membership Agreement and may incur a late\/ decline fee if returned for any reason. It is the Member’s responsibility to ensure funds are available for payment in their billing account on their draft date as indicated on the membership Agreement. If the billing date should fall on a weekend or holiday, it will be drafted on the previous business day. The Bi-Weekly Dues is the amount equal to the Dues in effect on the date the Member signed this Agreement plus any applicable administrative fees which member may incur or any upgrade charges and\/ or rate increases. If Member’s account has insufficient funds to pay the amount due, Gold’s Gym may deduct from Member’s account such amounts as currently available in Member’s account and continue charging said account until the full amount due has been collected. Gold’s Gym reserves the right to change the amount of Dues, administrative charges, and other charges payable hereunder at any time after the end of the Initial Term. The Member has the right to change, freeze, or terminate this Agreement if the Member’s account is current and in good standing after completing the Initial Term. There is a $149 early termination fee to cancel a 12 Month plan if cancelled by the Member prior to fulfilling the Initial Term, due upon cancellation. All forms related to changes, freezes, and terminations are available at the Gold\u2019s Gym facility or may be submit to customerrelations@goldsgymtn.com. Termination of this Agreement must be done on Gold\u2019s Gym termination form in accordance with this Agreement and Gold\u2019s Gym polices in place at the time of termination. Upon completion of the Member’s request for termination form, the member’s final 30 days of Dues shall be due upon cancellation. Termination requests cannot be completed or processed until all past due balances owed have been paid in full and will continue to accrue Bi-Weekly charges, administrative charges, and any applicable late\/decline, or termination fees until paid in full. Accounts on Freeze cannot be terminated until unfrozen, and any remaining Dues owed are paid. During the 30 Day cancellation period, as long as the account remains in good standing, the Member may continue to use the facility until the effective date of the cancellation which is 30 days from the date indicated on the termination form. Any payments owed from Member to Gold’s Gym that is not received when due shall bear interest at the highest rate permitted by law. If Member fails to pay any amount due to Gold’s Gym when due, Member shall pay all costs and expenses of collection incurred by Gold’s Gym, including reasonable attorney’s fees and expenses. Gold’s Gym is not responsible or liable for any fees, expenses or consequential damages, including but not limited to overdraft, return, late, or over-the-limit fees or any other expense or liability whatsoever incurred by Member from their financial institution or any other account resulting from the drafting of Member’s account for the payments owed to Gold’s Gym. Any fees charged to Gold’s Gym from banks or credit card companies for disputed transactions that result in Charge backs or any unauthorized reversed charges of any kind to Gold’s Gym will be charged back to Member and become the responsibility of the Member to pay.<\/p>\n\n\n\n


HEALTH REPRESENTATIONS<\/strong>: Member acknowledges and agrees that Member will discuss any health or medical concerns with Member’s own physician or other health professional before using the Gold’s Gym facility and Gold’s Gym assumes no responsibility regarding Member’s fitness to use the facility. Member represents and warrants that Member is in good physical condition and has no medical reason or impairment that could prevent Member from their intended use of the facility. Member acknowledges that Gold’s Gym has not given Member any medical advice before joining Gold’s Gym and cannot give Member any such medical advice after Member joins, whether related to Member’s physical condition and\/or ability to use the facility and services of Gold’s Gym. Gold’s Gym may provide Member, as part of its membership services, a health assessment. This is limited to certain basic health parameters including body fat analysis and further may include blood and urinalysis testing at the Gold’s Gym facility. The results of these tests shall be sent directly to Member to be reviewed by Member’s own physician or health professional. Gold’s Gym shall render no opinion on the result of said tests. <\/p>\n\n\n\n

WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT<\/strong>: Member (and all guests and parents signing on behalf of any child under 18) agrees that if Member (and all guests and parents signing on behalf of any child under 18) engages in any physical exercise or activity or use of any of the Gold’s Gym facility, including tanning, Member does so at his or her own risk and assumes the risk of any and all injury and\/or damage while engaging in any physical exercise or activity or use of any Gold’s Gym facility, including tanning. Member’s assumption of risk includes, without limitation, Member’s use of any exercise equipment (mechanical or otherwise), tanning equipment, the locker room, showers, sidewalk, parking lot, stairs, lobby area, or any equipment in any Gold’s Gym facility. Member agrees to assume the full risk from his or her participation in any activity, class, program, instruction, baby sitting or Gold’s Gym-sponsored event. Member agrees that he or she is voluntarily participating in the aforementioned activities and using Gold’s Gym facilities and premises and assumes all risk of injury, illness, damage, or loss to his or her property that might result, including, without limitation, any loss or theft of any personal property. Member agrees on behalf of his or herself (and all of his or her personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Gold’s Gym International, Inc., any of its subsidiaries or other affiliates, including the franchisee of this facility and its ownership and any of their respective employees, managers, officers, directors, agents, successors and assigns (collectively “Gold’s Gym”) from any and all responsibilities, liabilities, claims or causes of action (known or unknown) from injuries or damages arising out of or in connection with Member\u2019s attendance at Gold’s Gym, Member’s participation in all activities at Gold\u2019s Gym, Member’s use of equipment or machinery, or of any act or omission, including negligence, by Gold\u2019s Gym as defined above. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) Member\u2019s use of any exercise equipment or facilities which may malfunction or break, (b) Gold’s Gym’s improper maintenance of any exercise equipment or facilities, (c) Gold\u2019s Gym\u2019s negligent instruction or supervision, including babysitting, personal training, or any other form of negligence by Gold\u2019s Gym or any employee or agent of Gold\u2019s Gym or subcontractor of Gold\u2019s Gym, and (d) Member slipping and falling while in the facility or on any portion of the premises for any reason, including Gold\u2019s Gym\u2019s negligent inspection or maintenance of its facility. Member also agrees to waive any rights that he or she may have to commence an action or recover damages for any injury at any Gold\u2019s Gym facility to any minor child who is a guest or Member. By execution of this Agreement, Member hereby agrees to indemnify and hold harmless Gold\u2019s Gym (as defined above) from any loss, liability, damage, or cost Gold’s Gym (as defined above) may incur due to Member’s (and all guests and parents signing on behalf of any child under 18) presence at any Gold\u2019s Gym facility. Member further expressly agrees that the foregoing release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the law in the State of Tennessee and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. BY SIGNING THIS AGREEMENT, MEMBER ACKNOWLEDGES THEY HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. MEMBER IS AWARE AND AGREES THAT BY EXECUTING THIS WAIVER AND RELEASE, MEMBER IS GIVING UP HIS OR HER RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST GOLD\u2019S GYM FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. MEMBER HAS READ AND HAS VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREES THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.<\/p>\n\n\n\n


MISCELLANEOUS<\/strong>: (i) This Agreement shall be governed by the laws of the State of Tennessee without regard to principles of conflicts of laws. (ii) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. (iii) This Agreement and the rights and obligations hereunder shall not be assignable or transferable by Member without the prior written consent of Gold\u2019s Gym. Consent to assign may be withheld in Gold\u2019s Gym\u2019s absolute discretion. Golds Gym may assign any or all of it\u2019s rights and or obligations under this Agreement to any third party without the consent (expressed or implied) from Member. (iv) If any term or provision of this Agreement is declared to be illegal, invalid, or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity, or unenforceability provisions shall not affect the validity of the remainder of this Agreement. To the extent permitted by applicable laws, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. (v) All notices permitted or required by Member are to be submitted in writing via registered or certified mail to Gold\u2019s Gym, addressed as set forth in this agreement. (vi) Gold\u2019s Gym International, Inc. or any related entity is not the owner or operator of this Gold\u2019s Gym facility. The owner of this facility has been licensed by Gold’s Gym Franchising, Inc. to use the Gold\u2019s Gym marks in connection with its operation. Neither Gold\u2019s Gym Franchising, Inc., nor any related entity is contractually or otherwise liable to you. The independent business owner is strictly liable for debts and obligations of this facility. (vii) Gold\u2019s Gym shall not be liable to Member or any of Member\u2019s guests or invitees for any personal property that is damaged, lost, or stolen while on or around Gold’s Gym\u2019s premises including, but not limited to, a vehicle or its contents or any property left in a locker. However, Member shall be liable to Gold\u2019s Gym for any damage to Gold\u2019s Gym\u2019s facilities or any equipment, furniture, or fixture located thereon caused by Member or any Member’s guests or invitees.<\/p>\n\n\n\n

Gold\u2019s Gym Sunless Tanning Sprays and Lotions: Member is hereby informed that its Sunless tanning delivers a faux glow by coating your skin with the chemical dihydroxyacetone (DHA). DHA interacts with the dead surface cells in the epidermis to darken skin color and simulate a tan, and the result usually lasts for several days. While the FDA allows DHA to be \u201cexternally applied\u201d for skin coloring, there are restrictions on its use. Member acknowledges that DHA should not be inhaled, ingested, or exposed to areas covered by mucous membranes including the lips, nose, and areas in and around the eye (from the top of the cheek to above the eyebrow) because the risks, if any, are unknown. Most sunless tanning sprays and lotions do not contain a skin-protecting sunscreen. Member agrees to follow the precautions<\/p>\n\n\n\n

noted above when tanning and to apply an even coat of sunscreen to all exposed skin at least 30 minutes before going outdoors. Furthermore, Member hereby accepts full responsibility for the use of said Sunless Tanning and forever releases and forgives Gold’s Gym, its owners, officers and staff from any and all liability or cause of action as a result of Member’s use of the Sunless Tanning.<\/p>\n\n\n\n


I have read and agree to all terms and conditions as described above<\/p>\n\n\n\n


ARBITRATION<\/strong>: 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 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.<\/strong><\/p>\n\n\n\n

E-SIGN CONSENT<\/strong>: Certain laws and regulations may require Gold\u2019s Gym and\/or ABC Financial Services, LLC, to provide Member with written notices and disclosures on paper. With Member\u2019s 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 \u201cDocuments\u201d) that Gold\u2019s Gym and\/or ABC Financial Services, LLC, may provide Member. Member\u2019s 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 Gold\u2019s Gym 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 Gold\u2019s Gym 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 Gold\u2019s Gym and\/or ABC Financial Services, LLC, and to promptly notify Gold\u2019s Gym 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 Gold’s Gym and\/or ABC Financial Services, 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) version of internet browser software that is up-to-date and supported by Member\u2019s 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, (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 Gold\u2019s Gym 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 Gold\u2019s Gym and\/or ABC Financial Services, LLC.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Terms of the agreement Member affirms, acknowledges, and attests that Member\u2019s 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 Gold’s Gym and ABC Financial Services, LLC, including its agents and affiliates, […]<\/p>\n","protected":false},"author":36,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"gym_id":0,"footnotes":""},"class_list":["post-955","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/pages\/955","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/users\/36"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/comments?post=955"}],"version-history":[{"count":6,"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/pages\/955\/revisions"}],"predecessor-version":[{"id":1013,"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/pages\/955\/revisions\/1013"}],"wp:attachment":[{"href":"https:\/\/www.goldsgym.com\/dennis\/wp-json\/wp\/v2\/media?parent=955"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}