As a member I agree to and or understand that:
- I am entering into a 12-month contract
- Fees, promotions, and amenities may vary by club and membership type.
- An enhancement fee of $49.99 + tax is charged approx. on or about the first day of the third calendar
month after enrollment and annually thereafter.
- After the annual contract expires, my membership rate will increase by $5/month and will continue
for successive 30-day periods until written notice of termination of said agreement is received by
ABC Financial Solutions, LLC. Refer to Cancellation Policy below.
- To the best of my knowledge, I do not have any physical limitations that would prevent me from
participating in said program. I also understand that I participate in said program entirely at my
own risk. I accept full responsibility for my use of any and all apparatus, appliances, facilities
privilege or service whatsoever, owned and operated by this club at my own risk and shall hold this
club, it’s shareholders, directors, officers, employees, representatives, and agents harmless from
any and all loss, claim, injury, damage, or liability sustained or incurred, by me resulting
therefrom.
Cancellation Policy
- If you wish to cancel this contract, you may do so by mailing a written notice by certified or
registered mail to the address specified below or email customercare@abcfitness.com . The notice
must say that you do not wish to be bound by this contract and must be delivered or mailed before
the third business day after you agreed to these terms and conditions. Written notice must be mailed
by certified mail to ABC Financial Solutions, LLC., PO Box 6800, Sherwood AR 72124.
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You may also cancel this contract if you relocate your residence further than 15 miles from any health club
operated by the seller or from any other substantially similar health club which would accept the obligation
of the seller. This contract may also be cancelled if you die, or if the health club ceases operation at the
location where you entered into this contract. If you become disabled, you shall have the option of (1) being
relieved of liability for payment on that portion of the contract term for which you are disabled or (2) extending
the duration of the original contract at no cost to you for a period equal to the duration of the disability.
You must prove such disability by a doctor’s certificate, which certificate shall be enclosed with the written
notice of disability sent to the health club. The health club may require that you be examined by another physician
agreeable to you and the health club at its expense. If you cancel, the health club may keep or collect an amount
equal to the fair market value of the services or use of the facilities you have already received.
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You may also cancel this contract if you relocate your residence further than 15 miles from any
health club operated by the seller or from any other substantially similar health club which would
accept the obligation of the seller. This contract may also be cancelled if you die, or if the
health club ceases operation at the location where you entered into this contract. If you become
disabled, you shall have the option of (1) being relieved of liability for payment on that portion
of the contract term for which you are disabled or (2) extending the duration of the original
contract at no cost to you for a period equal to the duration of the disability. You must prove such
disability by a doctor’s certificate, which certificate shall be enclosed with the written notice of
disability sent to the health club. The health club may require that you be examined by another
physician agreeable to you and the health club at its expense. If you cancel, the health club may
keep or collect an amount equal to the fair market value of the services or use of the facilities
you have already received.
Additional Terms
E-SIGN Consent: Certain laws and regulations may require The Edge Fitness and/or ABC
Fitness Solutions,
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 The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may
withdraw its consent at any time by notifying the customer service department of The Edge Fitness and/or
ABC Fitness Solutions, 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 The Edge Fitness and/or
ABC Fitness Solutions, LLC, and to promptly notify The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness and/or ABC Fitness Solutions, 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 The Edge Fitness 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 The
Edge Fitness and/or ABC Fitness Solutions, LLC.
MEMBERSHIP RULES AND REGULATIONS: In order to provide a quality fitness environment that
will be clean, safe and pleasant to all members, the following guidelines must be adhered to when in the
facility. Violation of any rules below may result in loss of membership privileges.
- Amending of Rules: W We reserve the right to change or add to these rules and to adopt
new ones, as we may feel necessary for proper management of the club. Rules will be posted in the club
at all times.
- Class Registration: Class registration is required prior to attending any group exercise
or spinning class. Members with the appropriate membership type may register on the Edge App or on our website
in accordance with our class registration policies.
- Attire: Wear appropriate workout attire including shirts, and rubber soled shoes.
You should wear an absorbent top to keep equipment free of perspiration and maintain sanitary conditions.
There are no jeans, work-boots, or open-toed shoes allowed on workout floor. Shoes are required at all times.
Club management has the right to refuse entry to the building for attire violations.
- Edge Kids:
The Edge Kids room is open at specific hours for your convenience. Children ages 12 weeks through 12 years
of age are allowed in clubs only during hours when Edge Kids is open and children are only allowed in the Edge
Kids room and not in locker rooms or other areas of the club. All children attending Edge Kids must follow
directions and conduct themselves in a manner that is not disruptive to other children. If attendant cannot
control a child, the Club is not obligated to accept the child for Edge Kids care. The club can refuse
admittance to Edge Kids for any child who is or appears to be sick. Please refer to current posted policies
regarding Edge Kids rules and fees.
- Children:
Edge Fitness Clubs does not provide memberships for children under the age of 13 years. By law, minors
are not eligible for membership without parental consent. Children under 13 years of age are not permitted
anywhere on the fitness floor except the Edge Kids room (where available). Members or guests that are
13 and 14 years of age must be accompanied by a parent or legal guardian at all times while using the facility.
The Edge Fitness Clubs recommends that any minor ages 15-17 be accompanied by a parent or legal
guardian at all times while using the facility.
- Cell Phone Policy
For the overall enjoyment of others, cell phones may not be used for telephone calls while on the workout
floor or during classes. Cell phone use of any kind is not permitted while on a piece of equipment or in the
locker rooms. Taking pictures or videos of other members without their direct consent is strictly prohibited.
- Check-In:
Members are required to scan their membership barcode every time they check-in. No exceptions.
Member associated with this agreement must have photo on account profile for identification upon entry.
Memberships may not be shared with any other person. Barcodes and scan tags associated with the membership
may not be shared.
- Tanning:
We prohibit the use of tanning equipment for any person under the age of 18 years. Members who tan may
only do so once in a 24 hour period.
- Drinks:
Coffee and shakes are not permitted in any area of the club except juice bar. Covered bottles are permitted
in all other areas of the facility. All products must be paid for at the front desk prior to use.
- Equipment:
All equipment (including dumbbells and weights) must be returned to the appropriate location after use.
Use the appropriate amount of weight so that you do not bounce, slam or drop the weights. No abuse of the
equipment of facility will be tolerated. The use of chalk is prohibited.
- Floor etiquette:
It is recommended that all members complete a fitness assessment with an Edge certified personal trainer.
In-between sets, please remove yourself from the equipment until your next set so that other members may
work in with you. Please do not rest on the equipment in-between sets. Cell phone use of any kind is not
permitted while on a piece of equip- ment. Please wipe down equipment after use.
- Guest Privileges:
Any member is welcome to bring a local guest for one complimentary workout. Each individual local guest
may only attend one time every six months (does not apply to Unlimited Guests of Edge Total members).
All local guests must be state residents (ID required) of the club you are visiting. Valid photo ID must
be held at the front desk for a guest’s first visit. Members or guests that are 13-14 years of age must
be accompanied by a parent or legal guardian at all times while using the facility. The Edge Fitness
Clubs recommends that any minor ages 15-17 be accompanied by a parent or legal guardian at all times
while using the facility. Out of state guests may pay a daily fee to work out with you, with proper ID.
Any person under the age of 18 is not eligible for online membership. Please visit the club with a Guardian
or Parent to join!
- Unlimited Guests:
Edge Total membership holders may bring one guest per visit. The member must be present with the guest at
check-in and throughout the workout period. All guests are required to sign into the club at the front desk
every visit. Guests will have access to the fitness floor and locker rooms only and guests must abide by
all club rules and regulations. Members who have an agreement that has been returned for collections due
to non-payment may not use any Edge facility as a guest until rectified. Age restrictions listed in Guest
Privileges above apply to Unlimited Guests of Edge Total members.
- Management
Management of the club may suspend or cancel the rights, privileges, or membership of any club member
whose actions are detrimental to the enjoyment of the facilities by other members or any conduct which
in the opinion of the management is prejudicial to welfare, good order, and character of the club.
Any inappropriate behavior, i.e. profanity or yelling, incidental to the enjoyment of the club by other
members may result in membership termination without a refund and initial fees shall be forfeited.
Management has the right to deny entry and/or cancel any membership for non-payment of their membership
account balance. For the safety of members and staff, security surveillance may be in use.
- Personal Property:
The Edge is not responsible for damage, loss or theft of any personal property in the club or parking
lot. Lockers may be used for daily use only. Locks which remain on lockers overnight will be cut off
and contents discarded.
- Solicitations:
No solicitation by members or guests permitted in the facility unless approved by the club management.
No unauthorized personal training permitted.
- Transferability:
The member’s promissory note may be discounted or sold to third parties to whom the member will
become obligated to make a payment in full. Paid in full memberships are not transferable.
- Freeze Policy:
Members who have fulfilled their membership agreement terms or have pre-paid for a yearly membership
in full may freeze their membership for any reason at any time for up to 3 months per year at no
cost with 30 days’ notice. Members who are still within a one-year or two-year contractual period
may freeze their membership for medical or Military purposes only. At the time of a medical freeze
request, a doctor’s note must be provided stating the reason for freeze and duration. Freezes cannot
be backdated. Any freeze periods during an initial contractual term will be added to the term of the
contract. An initial medical freeze may be granted for up to three months, and an additional doctor’s
note may be required to extend the freeze beyond the three-month period. Military freezes require
government-issued proof and length of deployment. Memberships may not be frozen for school purposes or
traveling out of the area while in contract. Email our billing partner, ABC Financial Services at
customercare@abcfitness.com. or call 888-827-9262 to request a freeze.
- Contact:
Member affirms, acknowledges and attests that Member’s 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 The Edge Fitness and
ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to it’s debt
collection agencies or attorneys, 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 The Edge Fitness and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text
alerts, the opt out will apply to text alerts only.
- Sauna:
Where available, members must adhere to all sauna rules and regulations posted outside of the room.
Tampering with heating equipment including use of water or any other liquids is strictly prohibited.
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Not withstanding 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.
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 home club city and Delaware 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 Fitness Solutions, 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.
LIST OF EQUIPMENT AND SERVICES:
Equipment: Strength, Cardio, Circuit, Pilates
Services: Instructor-led Group Exercise, Personal Training
