REQUEST FOR PREAUTHORIZED PAYMENT

I/We hereby request the privilege of paying to ABC Fitness Solutions, LLC (“The Company”), 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. 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. 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. 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.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.abcfitness.com under Terms of Service.
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(s) listed:

SECTION 3: FEES & CHARGES
Initiation Fee. As a condition of membership, Member shall pay a Membership Initiation Fee (“Initiation Fee”) to the Club. The amount, manner and time of payment of such fee shall be established by the Club and may be changed from time to time. Dues. In exchange for the payment of Monthly Dues or Prepaid Term Dues (collectively, the “Dues” unless otherwise stated), Member shall receive a revocable license to use and enjoy the Club’s facilities. In addition to any Initiation Fee associated herewith, Member agrees to pay Dues for said use and enjoyment of the Club’s facilities. Monthly Dues are payable on the 1st of each and every month of the calendar year until otherwise cancelled pursuant to the terms and conditions outlined below. Member understands that the Club reserves the right to unilaterally increase its Monthly Dues upon 30-day written notice of the same. At that time, Member can choose to accept the new Monthly Dues or cancel his/her membership. The new Monthly Dues shall be deemed accepted by Member and the Club will be authorized to withdraw funds to pay the Monthly Dues from Member’s debit or credit card account specified on page 1 of this Agreement, unless Member requests to cancel his/her membership in accordance with the Club’s cancellation policies as set forth in Section 6 below. Member further understands that the Club reserves the right to alter and/or modify any existing and current incidentals made available to Member, including but not limited to, use of the Club’s swimming pool, jacuzzi, saunas, steam rooms, fitness training rooms, lockers, towels, and parking validation (“Benefits”), and upon written notice thereof, can charge Member for use of the Benefits in an amount to be decided by the Club in its sole discretion. Member understands and agrees that any and all Dues paid in advance shall be non-refundable unless specifically stated otherwise in this Agreement. Member further understands that upon the expiration of any Prepaid Term, Member shall begin paying Monthly Dues in accordance with the policies as set forth in this paragraph. Member shall use the same method of payment to pay Monthly Dues as Member used to pay the Prepaid Term unless specified otherwise by Member. Member will continue to be charged Monthly Dues until Member exercises his/her right to cancel his/her membership in accordance with the Club’s cancellation policies as set forth in Section 6 below.
Corporate Dues. The Club offers discounted Corporate Dues to employees of participating corporations which have an existing agreement with the Club. The employee must be a current employee a participating corporation and eligible under the company’s guidelines. The Club reserves the right to verify the employee’s eligibility (including the right to verify employment with the company as necessary). In the event the employment is terminated, the Club reserves the right to cancel this Agreement or require payment of Dues in effect at the time.
Club Charges. Member may purchase in-house Club goods and services. Such purchases will be billed on the date of purchase and reflected on Member’s debit or credit card account statement. Member’s account information indicated on page 1 of this Agreement is stored electronically and will not be present at the time of purchase. Late or Returned Item Charges. A fee of $25.00 will be assessed for returned checks, insufficient funds, closed accounts, frozen or declined credit or debit cards, or similar circumstances, which result in late or delayed payment to the Club (“Late Fee”). Member is responsible for providing accurate and updated payment information to insure timely receipt of payment. The Club reserves the right to reattempt collection of Member’s outstanding balance until such time as Member’s account is current. The processing date for debit cards may vary due to banking procedures and if charges are returned they will be subject to a Late Fee.
Annual Membership Fee: Member agrees to pay an annual membership fee of the indicated amount every calendar year. Upon joining, your annual fee will be due 60 days from your join date, and each year on the same date thereafter. This fee shall be subject to change in the future.

SECTION 4: FACILITIES & ACCESS
Facility Privileges. Privileges to use one or more Club facility vary depending on the type of membership selected by Member as identified on page 1 of this Agreement. Entry & Membership Card. Member and his/her guest(s) are required to check-in at the Club’s front desk upon entering the Club’s facilities via use of the Membership Card (“Card”) provided to each Member. Member may not loan his/her Card to anyone. The Club reserves the right to require Member and/or his/her guest(s) to present additional identification prior to admittance into the Club’s facilities. In the event Member’s Card is lost, misplaced, or stolen, Member agrees to pay a replacement fee of $5.00 for a new Card.
Guest(s). For any guest of a Member to use the Club’s facilities, said guest(s), at the time of entry, will be required (1) to complete the Club’s Guest Form, (2) pay the customers to take steps to prevent the spread of COVID-19, or any other virus or contagion.
5. While I am present at any Proteus Athletic Club facility, or participating in any Proteus Athletic Club program or activity, I shall use my best efforts to cover any of my coughs and sneezes with tissues, and then disposing of the tissues in a trash receptacle. I also shall use good hygiene, including frequently washing my hands for at least 20 seconds with soap and water and using hand sanitizer with more than 60% alcohol. I shall also use my best efforts to wipe down and clean any such fitness equipment after my use.
6. I shall wear face covering as may be required, either pursuant to directives from Proteus Athletic Club and/or any local, state, or federal public health agency.
7. I shall comply with all additional social distancing, health and safety guidelines, rules and requirements that are set forth by Proteus Athletic Club and all local, state, and federal public health agencies.

COVID-19 Liability Waiver
I acknowledge the contagious nature of COVID-19, and other yet unidentified viruses and contagions, and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while on site at any Proteus Athletic Club premises or my participation in any Proteus Athletic Club activities or programs, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I also acknowledge that my presence at any Proteus Athletic Club facility and my participation in any Proteus Athletic Club activities or programs may expose members of my family and other persons that I may come into contact with at any time to potential COVID-19 virus exposure and infection. This release is not limited to exposure and inflection to the COVID-19 virus and includes any additional known and unknown viruses and contagions that be spread through all contacts arising from the Proteus Athletic Club premises, activities and programs.
or
I understand that the risk of becoming exposed to or infected by COVID-19, any other virus or contagion at Proteus Athletic Club, may result from the actions, omissions, or negligence, both passive and active, of myself and others, including, but not limited to, the owners of Proteus Athletic Club, the City of San Diego, Proteus Athletic Club management company’s employees, volunteers, and program participants and their families, other Proteus Athletic Club members at the premises and participants in any activities and programs conducted by Proteus Athletic Club. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or any members of my family and/or children (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my family and/or my children may experience or incur in connection with my presence, or that of my family and/or children’s presence at the Proteus Athletic Club premises or my participation in any activities, or that of my family and/or children’s, at the Proteus Athletic Club premises, or those activities conducted by Proteus Athletic Club (“Claims”). On my behalf, and on behalf of any of my family and/or minor children, I hereby release, covenant not to sue, discharge, and hold harmless the owners, City of San Diego and Proteus Athletic Club management company and their employees, agents, and representatives, of and from the any and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. This release also includes members of my family and children, and any of my agents and or assigns, who may be exposed to any of the risks set forth hereto arising from my presence at any Proteus Athletic Club facility or premises and my participation in any Proteus Athletic Club activities and programs. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence, whether passive or active, of the owners, the City of San Diego, and Proteus Athletic Club, its management company, and their employees, agents, and representatives, whether a COVID-19, or other viral or contagious infection, occurs before, during, or after participation in Proteus Athletic Club facility activities or presence at any Proteus Athletic Club premises.

NOTICE REQUIRED BY LAW: Any holder of this consumer credit Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods and services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. Do not sign this Agreement before you have read all the terms and conditions of this Agreement. The client is entitled to a completely filled in copy of this Agreement. The client acknowledges that they have been told: (A) That this document is an Agreement and will become legally binding upon its acceptance by the club.; (B) The terms and 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 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 Proteus Athletic Club and/or ABC Fitness Solutions, 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 Proteus Athletic Club and/or ABC Fitness Solutions, LLC.
The member does hereby acknowledge and agree to all pages and sections of this membership agreement.

FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT:
1-888-827-9262
www.abcfitness.com