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.