[go: up one dir, main page]

0% found this document useful (0 votes)
92 views2 pages

Agreement

Download as pdf or txt
Download as pdf or txt
Download as pdf or txt
You are on page 1/ 2

www.planetfiness.

com

1727 2nd Avenue SW, Cullman, AL 35055 • PH (256) 737-8750


--------------------------------------------------- MEMBERSHIP AGREEMENT ---------------------------------------------------
New ____ Add-On ____ Conversion____ Renewal____
DATE____________
12/29/2020 Club # 7023 MEMBERSHIP # ___________________
702318691 EXPIRATION _______________
Name Elizabeth
____________________________________________________
White T-shirt Size: ____________ Date of Birth ____________
08/03/1994

Address __________________________________________
1461 county road 1650 City __________________________
Cullman State _______
AL Zip ________
35058

HomePhone_________________________________________
256-620-6418 WorkPhone/Cell__________________________________________
Email Address ______________________________________
liz_blakely@icloud.com Referring Member _______________________________________
Membership Type ___________________________________
10NR How did you hear about us? ______________________________
Have you been a member of a gym before? ______________ Home Club Access Only

Membership Fees: _____________


$1.09 ______________________
$6.25 _________________
$0.00 __________
$7.34
START–UP FIRST MONTH PRORATE PRE-PAID (TERM) TOTAL
• Your Monthly Membership Fee will be billed to the account below on or around the 17th beginning on _________________
01/17/2021 for $ _______________
$10.00 per month until you cancel in
accordance with this agreement.
• This membership has a _______ 0 month minimum term (minimum term not to exceed 12 months).
• If you have a minimum monthly term, your account below will be billed for a minimum of ________ 0 months and will continue on a month-to-month basis at the monthly rate above until
you cancel in accordance with the terms of this agreement.
• Your Monthly Membership Fee is guaranteed so long as you remain a member in good standing including payment of all monthly dues and your Annual Membership Fee.
• An ANNUAL MEMBERSHIP FEE will be billed to your account below on or around the 1st beginning on __________________for
02/01/2021 $ _______________
$39.00 and will continue to be billed
on or around the anniversary of that date each year thereafter until you cancel in accordance with the terms of this agreement.
• TO CANCEL your monthly membership and stop the billing of the Monthly Membership Fee on or around the 17th of the month, the club must receive written notification delivered to
the club by the 10th of the month either IN PERSON OR PREFERABLY VIA CERTIFIED MAIL to the club address listed above. Please note it may take up to seven (7) business days
for any membership or billing changes to take effect. In order to cancel your membership prior to the billing of the Annual Membership Fee, the club requires written notice delivered
as described above no later than the 25th of the month before such billing. The Annual Membership Fee is fully earned when received and is non-refundable.
• If your monthly membership has a minimum term, and you wish to cancel your membership before the end of the term for reasons other than those listed in Section 9 of this agree-
ment, a $58 BUYOUT FEE is required.
• If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership-related obligations,
retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written
notification delivered to the club in person or preferably via certified mail to the address listed above.
• If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with
the terms of this agreement (whether or not we have obtained a new expiration date).
• In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods
you provide us, and a $10 SERVICE FEE will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but
not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event
a payment request is returned as uncollectable.
• Cancellation & Billing Policies: I have read and understand the cancellation rights and billing policies on the front and back of this agreement.
_______________(Member initials)
e-signed

PRIMARY PAYMENT ACCOUNT ALTERNATIVE PAYMENT ACCOUNT


PAYMENT AUTHORIZATION

NAME ON ACCOUNT: __________________________________________


Elizabeth White NAME ON ACCOUNT: __________________________________________
Elizabeth White

BANK/CREDIT CARD #: _______________________________________


XXXX9475 CREDIT CARD #: _____________________________________________
XXXX-XXXX-XXXX-0907

ROUTING #: ____________________
062206457 EXPIRATION DATE: ____________ EXPIRATION DATE: ___________________________________________
08 2025

By initialing below and signing this agreement, I authorize PFMW Cullman, LLC,d/b/a Planet Fitness® (“Planet Fitness” “us” or “we”) (a franchisee of Planet Fitness Franchising LLC) its assigns, affiliates and other parties authorized by Planet Fitness including, but not
limited to, Planet Fitness Franchising, LLC, its parents, subsidiaries and affiliates and payment processing companies (collectively, “PF Corporate”) to store the Primary Payment Account and any Alternative Payment Account information provided by me on or in relation to
this agreement and/or my Planet Fitness membership, as well as any other account or card information provided by me through any means to Planet Fitness or PF Corporate (including information provided in person, online or over the phone) for purposes of making any
payment in relation to this agreement and/or my Planet Fitness membership (hereinafter, “Payment Information”). I authorize PF Corporate to initiate transfers from the Primary Payment Account designated above for the purpose of billing all or a portion of the recurring
Monthly Membership Fee I owe to Planet Fitness on or around the 17th of each month and the Annual Membership Fee on or around the date indicated above until all of my obligations are paid under this agreement. I understand that my obligation under this agreement
includes the Monthly Membership Fee, Annual Membership Fee, service fees for uncollectable monthly dues, applicable taxes, charges and any other unpaid fees or dues that are or will become due. I also understand that the Alternative Payment Account designated
above may be used by Planet Fitness and PF Corporate to bill for any purchases and incidental charges that I may make, including retail transactions and/or online purchases initiated by me. If at any time Planet Fitness or PF Corporate is/are unable to successfully bill
the Primary Payment Account for any fee or other obligation mentioned above, I further agree that Planet Fitness or PF Corporate may re-submit the fee to the Primary Payment Account and/or bill the Alternative Payment Account for any fee or obligation (including service
charges), or any portion thereof. I agree that transfers of partial payments of an overdue balance are authorized by me under this agreement. I agree that Planet Fitness and PF Corporate may also use the stored Payment Information to process payments owed in relation
to all subsequent agreements entered into between me and Planet Fitness. If my membership will automatically renew at the end of a term set forth in this agreement, the stored payment Information will be used to process payments owed in relation to the renewal term.
This authorization to store and use Payment Information will not expire unless it is expressly revoked by me. I understand that the amounts debited from my account may vary each month based on additional amounts owed to Planet Fitness in accordance with the terms
of this agreement. I confirm that I am authorized under the terms of the applicable agreement with my financial institution to use the accounts designated above for the purchase of goods and services from Planet Fitness and agree to comply with my financial institution’s
requirements at all times while this authorization is in effect. The general cancellation and refund policies set out in this agreement will apply to this authorization. If any changes are made to the terms of this authorization, I understand that an e-mail notifying me of such
changes will be sent to the e-mail address provided by me on the first page of this agreement or, if an e-mail is not provided, that notice will be sent to the mailing address provided on the first page of this agreement.

________________________________________________________________
e-signed (Member Signature)

Cosigner Authorization & Waiver

 Parent/Guardian: Planet Fitness does not accept members under the age of 13. In exchange for Planet Fitness allowing my minor child 13 years or older to pur-
chase a membership, I agree to the Release of Liability and Assumption of Risk clauses in this agreement and I agree to defend and indemnify Planet Fitness to the
fullest extent permitted by the law for any claim brought by my minor child against Planet Fitness. I also promise to pay any financial obligation that my minor child
does not pay for any reason and acknowledge that the banking information above is my account. I understand and agree that my minor child that is under the age of
15 must be accompanied by a parent or guardian at all times while in the Planet Fitness club.
 Financial Cosigner: I promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the banking information above is
my account. I also agree to defend and indemnify Planet Fitness to the fullest extent permitted by the law for any claim brought against Planet Fitness by the member.

Name: _________________________ Address: _________________________ Phone: __________________ Authorized Signature e-signed


_________________________

RELEASE OF LIABILITY INDEMNIFICATION ASSUMPTION OF RISK CLUB RULES BUYER’S NOTICE & RIGHT TO CANCEL
I understand and expressly agree that my use of this or any other Planet Fitness facility involves the risk of injury to me or my guest whether caused by me or not. I under-
stand that these risks are inherent in physical activity and my use of the facilities and can range from minor injuries to major injuries, including death. In consideration of
my participation in the activities and use of the facilities, exercise equipment and services offered by Planet Fitness and such use by my guests, if applicable,
I understand and voluntarily accept full responsibility on my behalf and on my guest’s behalf for the risk of injury or loss arising out of or related to my use
or my guest’s use of the facilities including, without limitation, exercise equipment, tanning, massage beds/chairs, and participation in PE@PF® or other ex-
ercise programs or use of other services, equipment and/or programs offered to members. I further agree that Planet Fitness, PF Corporate, their respective
affiliated companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents and independent contractors
of such entities will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any dam-
age to me, my spouse or domestic partner, guests, unborn child, heirs, or relatives resulting from the negligent conduct or omission of Planet Fitness, PF
Corporate, or anyone acting on their behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release,
waive and discharge Planet Fitness and PF Corporate from any and all claims, demands, injuries, damages, actions or causes of action related to my use or
my guest’s use of any Planet Fitness facility (collectively, “Claims”) against Planet Fitness, PF Corporate, or anyone acting on their behalf, and hereby agree
to defend, indemnify and hold harmless Planet Fitness and PF Corporate from and against any such Claims, including Claims made by my guests. I further
understand and acknowledge that neither Planet Fitness nor PF Corporate manufactures fitness or other equipment or products available in its facilities and
therefore Planet Fitness and PF Corporate will not be held liable for defective equipment or products.
I understand I am not obligated to sign this agreement and should not do so if there are any unfilled blanks. I understand my right of cancellation and the billing and refund policies.
I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and
ask questions related to my use of the facilities, exercise equipment, tanning, massage beds/chairs and other equipment, as well as my participation in exercise
programs or other services and/or programs offered to members. I agree to comply with Planet Fitness’ membership policies and club rules that may be communicated
to me from time to time, whether in writing, electronically, through club signage or verbally. Planet Fitness may, in its sole discretion, modify any policy or club rule at any time and
from time to time without advance notice. Planet Fitness reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership
immediately for violation of any membership policy or club rule. By signing below, I acknowledge and agree to all of the terms contained on the front and back of this agreement.

e-signed 12/29/2020 Planet Fitness Authorized Signature: 12/29/2020


_______________________________________________________________ ______________________________________________________________
Member’s Signature Date Planet Fitness Authorized Signature Date

NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT AND IT IS COMPLETELY FILLED OUT.
READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING.
1. Parties the fair debt collection practices act. This consent applies even if you are charged for the call
Planet Fitness (as previously defined) and you agree that by signing this agreement, you are under your phone plan. You are responsible for any charges that may be billed to you by your
purchasing a membership or services and agree to all the terms contained in this agreement. communications carriers when we contact you.
The terms “you” and “Planet Fitness” include heirs, estates, agents, representatives, officers,
directors, shareholders, managers, members, successors, affiliates, parents, subsidiaries and 4. Rules & Regulations
employees. Both parties make this agreement on behalf of, and it binds, all these included You agree to follow Planet Fitness’ membership policies and club rules. Planet Fitness may, in
persons and entities. It is your responsibility to notify Planet Fitness of any change in your its sole discretion, modify the policies and any club rule without notice at any time. Club rules
mailing address, billing information or contact information. vary by location and all signs posted in a club or on the premises and any verbal communication
from Planet Fitness shall be considered a part of the club rules. Planet Fitness reserves the
2. Representations right, in its sole discretion, to terminate your membership at any time, effective immediately,
A) Physical Condition & No Medical Advice: You represent that you are in good physical con- for violation of any membership policy or club rule.
dition and have no medical reason or impairment that might prevent you from your intended
use of Planet Fitness’ facilities. You acknowledge that Planet Fitness did not give you medical 5. Dress Code
advice before you joined, and cannot give you medical advice after you join. We do not give Planet Fitness strives to provide a safe and comfortable environment for all members. As such,
members advice relating to their physical condition or ability to use the facilities, so if you have Planet Fitness management and staff may enforce, and you agree to abide by, a dress code
any health or medical concerns now or after you join, please discuss them with your doctor in all areas of the club. Clothing that may be perceived as intimidating, revealing or offensive,
before using the facilities. as well as clothing that may present a safety hazard or damage equipment, is not allowed.
B) Liability for Property: Neither Planet Fitness nor PF Corporate (as previously defined) is
liable to you or your guest for any personal property that is damaged, lost, or stolen while on 6. Account Information Notifications
or around Planet Fitness’s premises including, but not limited to, a vehicle or its contents or Planet Fitness may contact you via telephone, email, text message or other means from time to
any property left in a locker. If you or your guest cause any damage to Planet Fitness’ facilities, time for the purpose of notifying you of issues related to your membership or billing information
you are liable to Planet Fitness for its cost of repair or replacement. or for automatic payment processing issues. By providing us with your contact information
C) Entire Agreement & Enforcement: You acknowledge that neither Planet Fitness, nor anyone and signing this agreement, you give your prior express written consent to receive member-
else, made any representations or promises upon which you relied that are not stated in this ship and billing-related communications from us or our authorized delegate to the extent
agreement or applicable rider. This document and any applicable rider contains the entire permitted by applicable law, including without limitation the Telephone Consumer Protection
agreement between you and Planet Fitness and replaces any oral or other written agreement. Act and the Fair Debt Collection Practices Act.
If a court declares any part of this agreement invalid, it will not invalidate the remaining parts,
which continue unaffected. If Planet Fitness does not enforce any right in this agreement for 7. Facilities & Services
any reason, Planet Fitness does not waive its right to enforce it later. This agreement and all A) Planet Fitness reserves the right at any time to remove, discontinue, repair or replace the
physical or electronic copies hereof will be deemed to be valid and authentic and you intend equipment available to members without any effect on this agreement. Planet Fitness also
and agree that such copies will be given the same legal effect as the original signed agreement. reserves the right to make changes to the type or quantity of equipment, programs or services
offered to members and to alter the hours of operation in Planet Fitness’ sole discretion. You
3. Membership acknowledge and agree that the equipment, programs and services currently available at the
A) General: Your membership permits you to use Planet Fitness’ premises, facilities, equipment facility are subject to change from time to time and are offered on a “first come, first served basis.”
and services and your dues are in exchange for such access whether you use the facilities B) Planet Fitness regularly closes its facilities (or portions of its facilities) for maintenance on
or not. Your membership is subject to all current company policies, rules, terms, conditions a temporary basis and also closes on selected holidays, etc. and such temporary closures will
and limitations including, but not limited to, PF Black Card® benefit rules, transferability rules, have no effect on this agreement so long as such temporary closures are reasonable. If your
guest privilege rules, and dress code. Your membership gives you no rights in Planet Fitness, home club is permanently closed, moved or sold, Planet Fitness reserves the right to assign
PF Corporate, its management, ownership, property or operation. Planet Fitness may assign and transfer your membership to another club within eight (8) miles of your home club, in ac-
or transfer your membership in its sole discretion. You have no right to assign your member- cordance with your rights under applicable law as set forth in Section 11 below.
ship or this agreement. Planet Fitness can sell memberships at different rates and terms
than yours. Any special promotional membership or rate regarding privileges, usage, hours, 8. Dues, Fees, Charges & Taxes
benefits or facilities is valid only at your home club, unless otherwise provided by Planet Fit- A) Payment Authorization: You have full control over the payment authorization and can stop
ness in a signed writing. it at any time by notifying Planet Fitness as set forth on the front page of this agreement. You
B) Group Fitness Instruction (PE@PF®): Planet Fitness may offer pre-scheduled group fitness are responsible for notifying your bank or credit card company of any error that appears on
instruction from time to time. The number of participants in group sessions may be limited. your statement in a timely manner. You must notify Planet Fitness within sixty (60) days of a
Group sessions will be made available either on an appointment basis or on a “first come, claimed error on your statement.
first served” basis. These classes are strictly informational and instructional in nature and not B) Charges & Taxes: Planet Fitness has the right to add to your prepaid dues or to your
intended as personal training. monthly dues any applicable tax imposed by the government as well as any utility charges or
C) PF Black Card Reciprocal Access: If you purchase a PF Black Card Membership, there are surcharges related to the facility.
additional rules and limitations governing reciprocal access, including the requirement to sign
in at any visiting (non-home club) location. Reciprocal access is limited to 10 visits per month 9. State Specific Rights of Buyers
to a visiting location. Additional fees may apply if you exceed 10 visits to the same visiting To the extent that any of the provisions of this paragraph 9 conflict with any other provi-
club in a month. Each time you visit a club outside of the country in which your home club is sion of this Agreement, this paragraph 9 shall control.
located, an additional fee may apply. (A) This contract may be cancelled, without penalty, within three (3) days, exclusive of
D) PF Black Card Guest Privileges and Other Benefits: PF Black Card members may bring holidays and weekends, of its making, upon mailing or delivering by written notice to
one guest per day for free to any location. All guests must be 19 years old or at least 13 years Planet Fitness at the address shown on the first page, and a refund shall be provided
old if accompanied by a parent/guardian and must sign a guest registry. of all moneys paid under this contract, except that Planet Fitness may retain an amount
Adult guests must present photo identification when signing in. The PF Black Card member computed by dividing the number of complete days in the contract’s term into the total
must accompany the guest and remain on the premises during the entire visit. PF Black Card contract price and multiplying the result by the number of complete days that have
guests are not entitled to use tanning or any other PF Black Card benefit or amenity. PF passed since the contract’s making.
Black Card members must be 18 years old to use the tanning facilities. Tanning may be further (B) The contract may be cancelled if this Planet Fitness goes out of business and fails to
restricted by your state and/or local laws, ordinances and regulations, which may be enacted provide facilities within five (5) miles or moves its facilities more than five (5) miles from
or amended at any time. You agree to abide by all such tanning restrictions. the location designated in this contract upon written notice by the buyer, with refund
E) Transfer of Location: If you are a monthly member, you can transfer your membership upon such notice of funds paid or accepted in payment of the contract or in an amount
from your home club to another club provided you are current on your monthly dues and have computed by dividing the contact price by the number of weeks of the contract’s term
been a member for at least ninety (90) days. Prepaid memberships are not transferable. A and multiplying the result by the number of weeks remaining in the contract’s term.
transfer fee may apply. (C) This contract may be cancelled if the Member dies or becomes totally and perma-
F) Membership Freeze: Your membership can be frozen for verified medical reasons only nently disabled during the membership term following the date of such contract, with
at time of illness, injury or medical condition. Your freeze will be limited to the time indicated refund of funds paid or accepted in payment of the contract in an amount computed by
as necessary by your physician, up to a maximum of three (3) months. Your monthly dues dividing the contract price by the number of weeks of the contract’s term and multiply-
will be automatically reinstated at the end of your freeze and billed to the account on file with ing the result by the number of weeks remaining in the contract’s term. This contract
Planet Fitness unless you cancel your membership or you are approved for a longer freeze. requires a Member or Member’s estate seeking relief under this subsection to provide
Please note that you will still be billed for your Annual Membership Fee when it is due, even reasonable proof of total and permanent disability or death. II. Upon the occurrence of
if your account is frozen. any of the circumstances enumerated in subparagraphs I (A) or (B) or (C) of this sec-
G) Non-Discrimination: It is the policy of Planet Fitness not to discriminate against any person tion, you or your estate shall be relieved of any further obligation for payment under
on the basis of race, national origin, ancestry, color, creed, religion, sex, sexual orientation, the contract not then due and owing.
age or disability. (D) Should this contract be financed, the period shall not exceed 24 months.
H) Changes to Membership Agreement: Planet Fitness may, from time to time, make changes (E) In the event the Member moves out of town and there exists no affiliated facility in
to this agreement, other than to your guaranteed Monthly Membership Fee. Such revisions a fifteen (15) mile radius of the Member’s new location, this contract may be cancelled
will be effective immediately, unless otherwise stated. at the Member’s option. On an installment sales contract, a pro rata refund will be
I) Privacy: Planet Fitness and PF Corporate collect, use and disclose certain personal in- available at the Member’s option.
formation of members in accordance with their Privacy Policies, which are available free of (F) Buyer has the right to rescind this agreement within a 30-day period after the facil-
charge upon request. The PF Corporate Privacy Policy is available at www.PlanetFitness. ity becomes fully operational if there has been any misrepresentation concerning the
com. Please review the Privacy Policy before signing this agreement as it contains important facilities that would be available to said buyer.
information relating to your personal information. Either may contact you from time to time (G) Buyer may cancel this contract in the event the facility is not open for business on
by telephone, email, text message or other means with information and offers related to your or before 02/27/2017. If the buyer cancels under this section, the health studio facility
membership which may be of interest to you. If you do not wish to receive such messages, shall refund any deposit, down payment, or payment on the contract.
you can opt out at any time. (H) Any other provisions of Ala. Code §8-23-1 et seq. that may exist, or exist in the
J) Dispute Resolution: In the unlikely event that Planet Fitness and/or PF Corporate is unable future, and are a required part of this agreement, are hereby expressly adopted as if
to resolve a complaint you may have to your satisfaction (or is unable to resolve a dispute fully stated herein.
with you after attempting to do so informally), we each agree to resolve such disputes through
binding arbitration or small claims court rather than a court of general jurisdiction. For simplic- 10. Limitation of Liability
ity and fairness, arbitration will be conducted on an individual basis in accordance with the Unless controlling legal authority requires otherwise, any award by an arbitrator
American Arbitration Association’s rules for consumer arbitration. By signing this agreement, or a court is limited to actual compensatory damages. Specifically, neither an
you acknowledge and agree that you, Planet Fitness, and PF Corporate are each waiving the arbitrator nor a court can award either party any indirect, special, incidental lost
right to a trial by jury and the right to participate in a class action, either in court or in arbitra- wages or profit, consequential or punitive damages, even if one party told the
tion. This Dispute Resolution provision shall apply to this contract unless, within thirty (30) other party that they might suffer these damages
days of signing this contract, you notify Planet Fitness in writing that you reject this provision.
Such notification must be made in writing delivered to the club address listed on the first page.
Rejection of this provision shall have no effect on the remaining provisions of this contract.
K) Consent To Communications: By signing this agreement, you hereby give Planet Fitness
and PF Corporate, and their service providers and debt collectors, express permission to
contact you on your telephone, including, but not limited to, leaving you voice messages and
sending you text messages, and to send you emails, with information and offers related to
subjects such as your membership, your account, possible upgrades to your membership,
member dues, debts, and promotional and advertising information. By signing this agree-
ment, you are also expressly agreeing to receive future calls, text messages and voice mails
that deliver advertising and telemarketing messages that are generated through an automatic
telephone dialing system or auto-dialer, and are consenting to receiving messages that come
via an artificial or pre-recorded voice message or that come in the form of a mass text mes-
sage mailer. The terms of this provision are not a condition of membership. This permission
constitutes prior express written consent under the telephone consumer protection act and

You might also like