Kia Ora Fitness
2008 N Pittsburg St
Kennewick, WA 99336
Membership Privileges, Notices, Disclosures & Agreements
THE FOLLOWING IS AN AGREEMENT. READ ENTIRE DOCUMENT. RETURNING AND CLICKING ASSOCIATED CHECKBOX WILL INDICATE I UNDERSTAND AND AGREE THAT I AM LEGALLY BOUND BY ITS CONTENTS.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status.
The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
ONE YEAR OBLIGATION WAIVED. The membership will automatically continue on a month-to-month basis at the rate selected by the buyer in the online agreement form per month plus applicable sales tax, provided the Buyer is not in default of this agreement and subject to the terms and conditions hereof. Renewal terms may be canceled at any time with 30-day written notice delivered to the club’s address. Monthly dues must be current to terminate. Buyer owes all monthly dues until proper cancellation procedures have been followed. Buyer understands that an additional cost of $10 per member (up to 3 members) per month plus sales tax will apply.
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, Inc., 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. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month plus tax increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.
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 BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR.
NONREFUNDABLE AMOUNT. I understand that I have paid or am obligated to pay $24.95 plus applicable sales tax as an initiation or membership fee, and that under no circumstances is any portion of this amount refundable.
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 club. 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 following your submission of the online membership agreement form. The notice must be mailed to Kia Ora, 2008 N Pittsburg St, Kennewick, WA 99336. If you cancel within the three days, the club will return to you within thirty days all amounts you have paid.
REQUEST FOR PREAUTHORIZED PAYMENT. I/We hereby request the privilege of paying to ABC Financial Services, Inc.
(“The Company”), Sherwood, AR 72124, and further authorize the Company to draw items (charge card) for the
purpose of paying said payments, including any late fees or service fees, on the account entered in the payment
details tab of the online membership agreement form.
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 on the payment details tab of the online membership agreement form. 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.abcfinancial.com under terms and conditions.
(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 applicant listed as primary member on the online membership agreement form.
ADDITIONAL TERMS & CONDITIONS
1. DISCLAIMER OF LIABILITY. Kia Ora urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, member(s) hereby knowingly and voluntarily waive(s) any cause of action of any kind whatsoever arising as the result of such activity from which any liability may or could accrue to Kia Ora, its officers, agents, employees, instructors or assigns.
2. MEMBER ACKNOWLEDGMENT. Member hereby acknowledges receiving all of the following in written form:
a. A complete list of all membership options with associated services and prices.
b. A complete list of available services and equipment, and if a service or piece of equipment is not yet available, the date it will become available. Member may cancel this contract if any listed services or equipment are not available on or before the date promised.
c. A complete list of the health studio rules and regulations.
3. RULES AND REGULATIONS. Member agrees to follow club rules as promulgated from time to time. Violation of these rules may be the cause for suspension or cancellation of membership.
4. CANCELLABILITY AND TRANSFERABILITY. This membership is not negotiable, transferable or cancelable except as otherwise provided herein.
5. BUYERS RIGHTS.
a. DEATH OR PERMANENT DISABILITY. If by reason of death or total disability, the member is unable to complete the training program and acceptable written proof thereof is received by the club, (s)he and his/her estate shall be relieved from the obligation of making payment for training other than that received prior to death or the onset of disability, and that if (s)he has prepaid any sum for training, that amount shall promptly be refunded.
b. CLOSING OF BUSINESS. Member may cancel this contract if the facility closes permanently and Kia Ora fails to provide a comparable facility within ten miles of the location designated in this contract and written notice of member’s desire to cancel is received at the club address.
c. REFUNDS. Upon receipt of notice of cancellation under section 5 of this contract, Kia Ora shall refund all moneys paid pertaining to the unused portion of any prepaid dues and relieve buyer from future obligations to pay dues concerning use after the date of cancellation. For cancellations under subsection 5a, the buyer is entitled to a pro rata refund of the initiation fee less one-half of the initiation fee. For cancellations under subsection 5b, the buyer is entitled to a pro rata refund of the initiation fee.
6. DURATION. The contract shall not be for a period of more than 36 months. If made for a greater period, it shall be deemed to be for 36 months only, notwithstanding any other provisions herein. If a contract extends for more than one year, the buyer may cancel the contract for any reason upon thirty days’ written notice to Kia Ora. Buyer has option to renew the contact at the end of it’s term under published current rates at time of renewal.
7. PERMANENT RELOCATION. If member moves more than twenty-five (25) miles from Kia Ora, (s)he may cancel this contract by notifying the club in writing of the move. If at the time of signing the contract the buyer lived more than twenty-five (25) miles from Kia Ora, the buyer may cancel under this section only if the buyer moves an additional five (5) miles or more from Kia Ora. Copies of utility bills or other evidence of the new home address must be provided. Membership will then be cancelled upon payment of a 2-month membership fee or a $75 cancellation fee whichever is greater.
8. TAX. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
9. CONTACT. Subject to applicable law, Member agrees that ABC Financial Services, Inc. may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtained by, ABC Financial Services, Inc.
10. SEVERABILITY. If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
11. ENTIRE AGREEMENT. The member and Kia Ora acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
12. 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 the city of your club location and 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.
13. E-SIGN CONSENT. Certain laws and regulations may require Kia Ora Fitness 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 Kia Ora Fitness 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 Kia Ora Fitness 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 Kia Ora Fitness 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 Kia Ora Fitness and/or ABC Financial Services, LLC, and to promptly notify Kia Ora Fitness 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 Kia Ora Fitness 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 Kia Ora Fitness 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 Kia Ora Fitness and/or ABC Financial Services, LLC.