Terms and Conditions
Musclemakers, Inc., Musclemakers II, Inc., Musclemakers III, LLC, Musclemakers
V, LLC & 2080 Western Avenue, Suite 115, Guilderland, NY 12084
CONSUMERS RIGHT TO CANCELLATION-YOU MAY CANCEL THIS CONTRACT
WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS FROM THIS DATE...
Notice of cancellation shall be in writing subscribed by the buyer
and mailed by registered or certified U.S. mail to the seller at the address
specified above. Such notice shall be accompanied by the agreement forms,
membership cards and any other documents or evidence of membership previously
delivered to the buyer. All monies paid pursuant to such contract shall be refunded
within 15 business days of receipt of such notice of cancellation. If the buyer
has executed any credit or loan agreement to pay for all or part of the health
club services, any such negotiable instrument executed by the buyer shall also
be returned within 15 days.
ADDITIONAL RIGHTS TO CANCELLATION UNDER NEW YORK LAW
You may also cancel this contract for any of the following
reasons: 1) If upon a doctor’s order, you cannot physically receive the
services because of significant physical disability for a period in excess of
six months; 2) If you die, your estate shall be relieved of any further
obligation for payment under the agreement not then due or owing; 3) If you
move your residence more than 25 miles from any health club operated by seller;
4) If the services cease to be offered as stated in the contract.
All monies paid pursuant to such contract cancelled for the
reasons contained in this subdivision shall be refunded within 15 business days
of receipt of such notice of cancellation; provided however that the seller may
retain the expenses incurred and the portion of the total price representing
the services which buyer has consumed or wishes to retain after cancellation of
the contract. In no instance shall the seller demand more than the full contract
price from the buyer. If the buyer has executed any credit agreement to pay for
health club services, any such negotiable instrument executed by the buyer
shall also be returned within fifteen days.
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT YOUR PAYMENT
OPTIONS...
You may make payments on an installment basis or in a single
payment. Paying the full amount may be less expensive, but may involve
financial risks to you. Read this notice carefully before making a decision.
New York State Law requires certain health clubs to post a bond or
other financial security to protect members in the event the club closes. This
club has posted the financial security required by law. In deciding whether to
make your payments on an installment basis, you should be aware that if the
club closes, although the club will remain legally liable for a refund, you
might risk losing your money if the club is unable to meet its financial
obligations to members.
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.
IMPORTANT NOTICE FOR HEALTH CLUB MEMBERS
New York State Law requires certain health clubs to have a bond or
other form of financial security to protect members in the event the club
closes. This club has posted the financial security required by law.
YOU MAY ASK A REPRESENTATIVE OF THE CLUB FOR PROOF OF THE CLUB’S
COMPLIANCE WITH THIS LAW. YOU MAY ALSO OBTAIN THIS INFORMATION FROM THE NEW
YORK STATE DEPARTMENT OF STATE, DIVISION OF LICENSING SERVICES, 162 WASHINGTON
AVE., ALBANY, N.Y. 12231.
A late fee will be charged by VENT Fitness, or its agent for
payments received more than ten days after due date. If payment becomes more
then 90 days late, the entire remaining balance becomes due in full.
Any holder of this consumer credit agreement is subject to all
claims and defenses which the debtor could assert against the seller for goods
or services obtained pursuant hereto or with the proceeds hereof. Recovery
hereunder by the debtor shall not exceed amounts paid. This agreement is
subject to all applicable Federal, State, and local laws and regulations.
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 assessed 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. NOTE: Members paying
monthly dues by E.F.T. are subject to $5.00 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.
Preface
"Member" - Shall mean the "Member" identified
on the face of this agreement.
"Other Members" (or Add-On Members) - Shall mean
additional members named and/or listed on the agreement in connection with a
"couple" or "family" membership having a relationship in
friend or family origin, and residing at the same address.
"Agent" - Shall mean "ABC Financial Services",
retained by "VENT Fitness", and responsible for the aggregation of
Member payments, cancellations, and freezes, or "Another Third Party
Agency" responsible for collection of accounts in arrears over 90 days.
"VENT Fitness" and reference to "Seller" -
Shall mean "VENT Fitness Fitness Center" located at 20 Mall, 2080
Western Avenue, Guilderland, NY 12084; 1220 Route 146, Clifton Park, NY 12065;
195 Troy-Schenectady Road, Latham, NY 12110; 480 Balltown Road, Niskayuna, NY
12304; & 307 Broadway, Saratoga Springs, NY 12866. The Federal Equal
Credit Opportunity Act prohibits creditors from discriminating against credit
applicants with respect to any aspect of a credit transaction on the basis of
race, color, religion, national origin, sex, marital status, or age (provided
the applicant has the capacity to agreement). The agency that administers
compliance with this law is the Federal Trade Commission, Equal Credit
Opportunity, Washington, D.C. 20580.
[1] Member warrants and represents that Member (and Other Members
under the couple and family membership, if these membership are applied for)
has no disability, impairment or ailment preventing him/her from engaging in
active or passive exercise or activity that will be detrimental or inimical to
his/her health, safety, or physical condition if he/she does so engage or
participate. This representation is made by Member knowing that VENT Fitness
will rely upon same in respect to the issuance of this Membership. Member
understands that VENT Fitness is not responsible for Member’s actions and if
Member is in doubt about any part of his/her fitness training or recreation,
Member will consult his/her physician.
[2] VENT Fitness urges all members to obtain a physical
examination from their physician prior to exercising or using any exercise
equipment. Member should obtain proper training in the use of all equipment
since misuse is dangerous. Member recognizes and acknowledges the possible
hazards and dangers inherent in any form of physical activity. Member hereby
knowingly and voluntarily waives any and all right or cause of action of any
kind what so ever arising as a consequence of such physical activity and
further assumes all risk of physical injury and liability even if such physical
injury resulted as a direct and proximate consequence of the gross negligence
of VENT Fitness, it’s officers, agents, employees or instructors.
[3] For Members paying dues on a monthly basis pursuant to the
Monthly Installment Plan, a membership shall be deemed "lapsed" if
such monthly dues installments (and any additional charges and fees, if
applicable) are not paid within 15 days of the monthly billing date. In order
to reinstate membership, at management’s discretion, the member must pay any
and all past due balances (*including service fees) as well as any and all
current dues and charges payable. In the case of members on a "full
payment" or annual plan, a membership shall be deemed lapse one (1) day
following the membership renewal date and such membership shall be reinstated
upon management’s discretion and member’s payment, in full, of a full years
dues (and appropriate charges) or payment pursuant to an amended or revised
payment plan or schedule.
[4] Rights of Member in event of a lapse. During any period of
lapse, no Member shall have any privileges to use any of the facilities of VENT
Fitness and such privileges shall not be reinstated until Member’s arrears are
paid in full as set forth herewithin and upon the approval of VENT Fitness;
such approval shall be given or withheld in the sole discretion of VENT
Fitness, notwithstanding the payment of arrears in full.
[5] In the case where one family member discontinues his or her
membership (regardless of which member it is) the remaining Member would be
charged the "1st Family Member" dues rate, if different.
[6]Cancellation Procedures
All cancellations are processed through VENT Fitness Member
Services department, 2080 Western Ave. Suite 115, Guilderland, NY 12084. Please
contact Member Services in writing by submitting the request form provided
on-line at www.ventmemberservices.com
Disability
- The following documentation is needed for cancellation due to
physical disability (excluding pregnancy), and will only be accepted if sent by
certified mail within 30 days of disability: Doctors note (must include
Doctor’s address and phone number) stating date and nature of
injury/disability, lab reports, continuous doctor’s notes. The date of
disability for reasons of releasing liability for payment, or entitlement to
refund, will be the day on which the documentation is received by the VENT
Fitness Member Services Department. VENT Fitness may require that another
physician, agreeable to you and VENT Fitness, and at VENT Fitness’s expense,
examine you.
Member/Facility Relocations
Early Cancellation of Term -
Cancellation of membership contract for any reasons, excluding the Consumer’s Right to
Cancel and Additional Rights to Cancel pursuant to New York
State Law, will be permitted following a cancellation fee of $79 or remaining
contract dues, whichever is less.
Cancellation of Month to Month Membership - Cancellation
of Month to Month Membership for any reasons, excluding Consumer’s Right to Cancel and Additional
Rights to Cancel pursuant to New York State Law, will be
permitted following a written request to cancel 30 days prior to next billing
date. Member is responsible for final Membership dues and/or Annual fee if
scheduled during the 30 day period.
[7] Membership Freeze
Members requesting a freeze of membership due to medical
injury/disability, pregnancy, or temporary relocation (minimum 30 days to a
maximum of 6 months) must submit documentation as those stated in the
"Cancellation Procedures" (#6) via the website VENTMEMBERSERVICES.COM.
Approval of a membership freeze is
within the sole discretion of VENT Fitness and member’s account must be in good
standing to be eligible to freeze. With approval, memberships are frozen from
billing date to billing date and will pertain to normal monthly membership dues
and recurring personal training fees. One month prior notice is required and
should be made before the previous billing date you wish the freeze to begin. If
approved, membership freeze will become effective with the next billing date.
If a membership freeze is approved, member is not entitled to use any club
facilities during their membership freeze. Any use of the club facilities
during a freeze period will automatically void the freeze and re-activate the
membership.
There is absolutely no retroactive refund of dues or retroactive
time credits.
Members within a contract term:
Pay a $10 service fee at the club, and a $5 monthly freeze fee as
well as any Annual fee if due, will be drafted by ABC Financial Services. Membership expiration date is pushed out by
amount of freeze duration. Recurring
Personal Training fees will NOT be drafted during a freeze.
Members in a month to month agreement status:
0 Monthly dues fees while on Freeze. Annual Fee if due during freeze, will be
drafted by ABC Financial Services. Recurring Personal Training fees will NOT be
drafted during a freeze.
[8] Modifications of Facility or Services - VENT Fitness
reserves the right to modify or relocate facilities and/or change certain
services, amenities, as well as adjust pricing and/or dues of such products and
services it currently offers from time to time without prior notice or member
approval.
[9] No deduction or
allowance for dues shall be made for member’s failure to use VENT Fitness
facilities due to vacation, travel, or other personal commitments.
[10] VENT Fitness is a private club. Upon entering VENT Fitness,
all members and guests are required to check in at the Front Desk prior to
using club facilities. Members must present their I.D. card or key tag at that
time. "Guests" accompanied by Members are permitted on a limited
basis at the then prevailing guest rates. Guests must be greeted by a
membership consultant, register, and fill out a guest waiver. Members are
responsible for the behavior of their guests.
[11] Member agrees to be strictly and vicariously liable for any
and all damage or injury to person or property occurring on Club premises
arising from the wrongful act or omission of the "other members" set
forth in this agreement, as well as any guest or guests of member. Member shall
also be deemed an endorser and shall be liable on any checks or other
negotiable instrument paid by guest which are later dishonored and/or returned
for insufficient funds or any other reason.
[12] Minimum age for membership is 12. Anyone under age 14 must be
accompanied by a parent or guardian to use the facility. Children under 12
years of age must be in the child care center unless participating in a
scheduled, supervised program, or accompanied by an adult. Children are not
permitted on the gym floor without the approval and consent of management.
[13] Management has the right to suspend and/or terminate any
membership for non-payment of dues or program fees as agreed, or for
solicitation, behavior or any circumstance conflicting with the best interest
of VENT Fitness, or other members. VENT Fitness shall have sole discretion in
determining what conflicts with its best interests. No refund will be allowed.
Management (not members) shall appropriately deal with all employee and member
related matters.
[14] Member agrees to abide by all the membership rules, regulations
and schedules of VENT Fitness, which may be posted at club or issued orally,
and which may be amended from time to time, at Management’s discretion.
[15] If any check, charge, or draft payment to VENT Fitness,
and/or its agent, is not honored (in addition to the other rights it may have)
shall have the right to: (a) Assess a service charge for each check, charge or
draft dishonored, and to require reimbursement for cost of collection; (b)
Collect the current and past due balance in any subsequent months; (c) VENT
Fitness shall also have the right to terminate this agreement.
[16] Members are advised reciprocal arrangements are in effect
with VENT Fitness member clubs throughout the world. The specific arrangements
vary, so please ask your membership consultant for more information.
[17] Locker rentals are provided for daily use by members.
Management reserves the right to remove any articles left in locker overnight
and shall not be liable for locker contents. Members are urged to avoid
bringing valuables onto VENT Fitness premises. VENT Fitness, its agents or
employees shall not be liable for the loss, or theft of, or damage to the
personal property of members or guests.
[18] In the case of long term interruption of all services
provided by VENT Fitness (ex., fire or other natural or unnatural disasters),
VENT Fitness reserves the right to freeze memberships and add the lost time
only once services resume.
[19] Soliciting of any kind, including but not limited to the sale
of personal training services and sale of supplements within the facility, as
well as the designated parking areas, is strictly prohibited without the
express written consent of VENT Fitness management. Members in violation of
this policy will have all membership benefits terminated without refund.
[20] In the event it is necessary for VENT Fitness to engage the
services of an attorney to enforce its rights pursuant to this agreement, due
to a breach of this agreement or any wrongful omission of Member, Member agrees
and shall be responsible for any and all reasonable attorney’s fees incurred by
VENT Fitness as a consequence of such a breach or wrongful act of omission.
[21] This Agreement constitutes the entire and exclusive agreement
between the parties. Only an instrument in writing may modify any promise,
representation understanding and/or agreement pertaining directly to the
agreement. No employee or instructor of VENT Fitness is authorized to enter
into any independent or supplement agreement with any Member or potential
member, unless such agreement is approved in writing by the manager. The
partial or complete invalidity or unenforceability of any provision of this
contract shall not effect the validity, enforceability and continuing force and
effect of any other provision.