Electronic Funds Transfer (EFT) Authorization

I authorize Choice Fitness to automatically withdraw membership dues, fees, and other authorized charges from my designated bank account or payment card on a recurring basis in accordance with my membership agreement.

I understand that this authorization will remain in effect until my membership is cancelled in accordance with the gym’s cancellation policy, and written notice is received at least 30 days prior to the next scheduled draft date. I also understand that it is my responsibility to ensure sufficient funds are available in my account at the time of each withdrawal and to update my payment information if my account or card details change.

If any payment is returned unpaid or declined, I authorize Choice Fitness to assess a returned payment fee and to resubmit the payment until it is successfully processed. I acknowledge that membership dues and fees are subject to change with at least 30 days’ written notice.

By signing below, I acknowledge that I have read, understand, and agree to the terms of this Electronic Funds Transfer Authorization

Signature of Parent or Guardian (if under 18)

CONSUMER RIGHT TO CANCELLATION, THREE (3) DAY CANCELLATION POLICY

You may cancel this contract without any penalty or further obligation by submitting a written notice of your cancellation to be delivered in person or postmarked by certified or registered United States mail within (3) business days of the date of this contract or the date of your receipt to the address specified in this contract. If you decide to cancel this Agreement as specified above, your written notice of cancellation, along with a copy of this Agreement, Membership key tag or other evidence of your Membership in your possession, should be sent or delivered to your home club’s mailing addressWithin 15 days of receiving your notice of cancellation, Choice Fitness will refund your payment of the Membership fee.

The notice of the buyer’s cancellation of his contract shall be in writing and delivered in person or by certified or registered United States mail at the address specified in the contract. Such notice shall be accompanied by the contract 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 fifteen 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 shall be void upon cancellation under this section and shall also be returned to the buyer within said fifteen days.

ADDITIONAL RIGHTS TO CANCELLATION

You or your estate may also cancel this contract for any of the following reasons: if upon a doctor’s order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death;

If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location.

If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller’s obligation under the contract.

All monies paid by the buyer pursuant to a contract for health club services which has been cancelled for one of the reasons contained in this section shall be refunded to the buyer or his estate within fifteen days of the seller’s receipt of such notice of cancellation; provided, however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer prior to cancellation; and provided, further, that the seller may demand the reasonable cost of goods and services which the 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 or loan agreement to pay for all or part of the price of the contract for health club services, any such negotiable instrument executed by the buyer shall also be returned and terminated within fifteen days. The buyer shall no longer be liable for any obligation under such credit or loan agreement.

REGISTRATION (CHECK-IN): All Choice Fitness members receive access to the Choice Fitness App at the time of signing up. A member may gain access to the facility by scanning their unique code in the Choice Fitness App at the check-in computer.

ATTIRE AND EQUIPMENT: Proper attire must be worn for all members using the facility. Shirts and proper exercise shoes must be worn in all areas of the facility. Jeans, sandals, work boots and all things alike are prohibited in all workout areas.

STEAM ROOM/SAUNA: Members are required to shower with soap and water before using the steam room or sauna areas. Proper clothing, i.e. swimsuit or towel, must alwaysbe worn in the steam room or sauna.

LOCKERS: Lockers are to be used only daily for all Choice Fitness members and their guests. Choice Fitness does not guarantee locker security, members must provide their own lock. All overnight locks will be removed daily. Choice Fitness reserves the right, without any liability, to remove any belongings left in the lockers overnight.

CLUB HOURS: Choice Fitness may be used by its members only during posted hours of operation. Choice Fitness reserves the right to modify its operating hours without prior notice. This includes, but not limited to, holidays, inclement weather and company outings.

RIGHTS TO TRANSFER: Choice Fitness memberships are NOT transferable to another Choice Fitness . However, a member may transfer their existing membership within the facility to another person. A fee may apply to the transfer. The new member will accept responsibility for the remaining term of a paid in full membership or accept full financial responsibility for all monthly and annual fees, as well as all policies and procedures.

CELLPHONES/CAMERAS: Capturing images of another person without their permission by use of cellular phones, mobile devices, or other equipment with video/photo capabilities is strictly prohibited in this facility. Tripods are strictly prohibited in all areas. All cellphone use is prohibited in all locker rooms of Choice Fitness.

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 Choice Fitness and its third-party billing service provider(s) (collectively, the “Company”), including its agents, affiliates, and vendors, not limited to its 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 Company, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

ELITE & PLATINUM GUEST POLICY: Choice Fitness offers an Elite & Platinum Membership, which entitles members to bring one guest per day at no charge. The guest must be new to the club and must never have been a member of any Choice Fitness location. Guests are required to present a valid photo I.D. upon each entry to the club and must be at least 18 years of age. The Elite & Platinum member must remain on the premises for the duration of the guest’s visit. Guests are subject to the same policies, procedures, and guidelines as the Elite & Platinum member. Any violations by the guest may result in termination of the member’s privileges. Access to unlimited tanning, group exercise classes, spin classes, and additional amenities provided to the Elite & Platinum member is not extended to the guest, unless previously authorized by the club manager or a club director. Choice Fitness reserves the right to modify Elite & Platinum privileges at management’s discretion. Any guests not accompanied by an Elite & Platinum member or who do not meet the requirements of this policy may be allowed entry by paying a $20 guest fee per day and are subject to all club policies, procedures, and guidelines.

VALUABLES LOST AND FOUND: Valuables and other personal property left anywhere within Choice Fitness are left at the risk of the member and guests. Choice Fitness always advises all members and guests to keep their valuables on their person or in their control. All members acknowledge the Choice Fitness will not accept responsibility for theft or damages to personal property left in a locker, in the facility or on the facility premises. Any returned property will be held in a lost and found area located at the front desk. Choice Fitness suggests members do not bring valuables into the facility.

CONDUCT: Members shall conduct themselves in a quiet, well mannered fashion. Excessive screaming, grunting, slamming of equipment and any other abuse to the facility or equipment is prohibited. Choice Fitness reserves the right to deny access and/or terminate a member in violation of any policies, procedures, guidelines, including behavior deemed inappropriate by a director or club manager. Choice Fitness will not authorize any refunds for terminated memberships due to malicious, abusive behavior. Choice Fitness reserves the right to prosecute accordingly to recover monies for damages to the facility.

PERSONAL TRAINING: Choice Fitness offers qualified personal training services for an additional cost. All freelance personal training, including online fitness coaching, is prohibited. This includes, but not limited to actual training sessions and promotion of one’s self or products.

REFUND/EARLY TERMINATION: Choice Fitness does not refund prepaid memberships or prepaid membership dues. You may cancel your commitment early by paying a $250 buyout fee by providing a 30-day written notice delivered to the club via certified mail or by signing a cancellation form in person with the club manager. The $250 buyout fee may be waived by providing proof of move more than 25 miles from any Choice Fitness.

Valid proof includes but not limited to; utility bill of new address, lease agreement, new valid driver’s license or anything alike.

30-DAY NOTICE: A membership may be cancelled without penalty at the end of any renewal term provided a 30-day written notice is either mailed to the club’s address via certified mail or signed in person with the club manager or authorized personnel. With a 30-day written notice, all fees due to Choice Fitness within 30 days of signing or receiving the notice, must be paid to the club. These fees include but not limited to, membership dues, annual fees, maintenance fees, childcare fees, late fees, personal training dues and all fees/dues alike.

MEMBERSHIP FREEZE: Choice Fitness will permit a member to place a freeze on their membership for a period not to exceed 6 months per contract year for medical reasons as certified by a physician. A member may also freeze their membership for a period not to exceed 3 months per contract year without reason. All freezes are subject to a $10 fee per month. Fee is subject to change.

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 five days late.

A SERVICE FEE OF $19.95 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 FIVE DAYS PAST DUE, YOU MAY BE CHARGED A LATE FEE. The amounts of service fees and late fees are subject to change from time to time without notice. If the Member is paying monthly dues by electronic funds transfer (EFT) or by credit or debit card, the club and its third-party billing service provider(s) (collectively, the “Company”), reserves the right to draft via EFT, credit card, or debit card (as applicable) 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 EFT are subject to $10.00 per month increase of monthly dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

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.

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.

E-SIGN CONSENT. Certain laws and regulations may require Choice Fitness and/or its third-party billing service provider(s) (collectively, the “Company”), 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 Company, 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 Company and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 Company, and to promptly notify the Company 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 Company. 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 Company, 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 Company.

FITNESS RELEASE AND WAIVER

THE FOLLOWING IS A WAIVER. READ IT BEFORE SIGNING. BY AFFIXING MY SIGNATURE TO THIS DOCUMENT, I ATTEST, CONTRACT, UNDERSTAND AND AGREE THAT I AM TO BE LEGALLY BOUND BY ITS CONTENTS.

In consideration for my allowance to use Choice Fitness on a membership basis, I hereby stipulate and agree:

1. That I realize the risks of cardiovascular exercise, weightlifting, weight training and/or body building, and I am fully aware of the possibility of mechanical and/r other malfunctions of cardiovascular machines, weight machines and a like apparatus, (equipment) due to the negligence of Choice Fitness  or otherwise, as well as the possibility of injury to my person as a result of the use of such cardio vascular equipment, weight machines and apparatus. I, therefore fully understand and I am mindful of the serious consequences which might result due to my involvement in cardiovascular exercise, weightlifting, weight training and/or body building while on Choice Fitness  premises and based on the understandings, as set forth in this paragraph, I voluntarily assume any and all risk of loss, damage, or injury of any kind whatsoever from my use of any and all of the equipment and facilities of Choice Fitness , and further and with full knowledge of the consequences (i.e. that I am waiving my right to sue) expressly waive any and all liability on the part of Choice Fitness , or their respected trustees, beneficiaries, staff, officers, directors, shareholders and agents from my use of Choice Fitness  and its equipment and facilities.

2. That I am physically sound and have medical approval to process with a normal exercise routine. That any and all exercise shall be undertaken by me at my sole risk. That I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, weightlifting, weight training and/or body building, nor do I have any physical limitations that would preclude said involvement.

3. That I am forewarned that Choice Fitness will not in any event provide medical and/or hospitalization insurance for my benefit and in the event of any injury to my person occurring either as a result of my being on any portion of the premises of Choice Fitness. I will save harmless and keep indemnifies Choice Fitness  and their respected trustees, beneficiaries, staff, officers, directors, shareholders, and agents from any and all accusations, claims, costs, expenses or demands, in respect of such injury or injuries including death, howsoever caused, arising out of or in connection with my use of Choice Fitness  or my being on any said premises and notwithstanding that the same may have been contributed to or occasioned by the negligence of Choice Fitness , and their restive staff, representatives, agents, officers, directors, shareholders, trustees or beneficiaries.

4. That I will abide meticulously by each and every of the Choice Fitness  rules and regulations and I further agree that if I derogate from abiding by the same, that Choice Fitness  and its staff shall have the right at any time, which in their sole and absolute discretion may see fit, to cancel my membership.

5. That I am hereby informed of my option to sign a new release on each date that I use Choice Fitness. However, I elect to forego that option and I therefore acknowledge and specifically intend that this release and waiver of rights shall be effective not only on the date thereof, but also on all occasions subsequent hereto when I shall use Choice Fitness.

HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTAND THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF Choice Fitness FROM ANY AND ALL LIABILITY, I HEREBY AFFIX MY SIGNATURE HERETO.

TANNING WAIVER

In consideration of the use of the tanning facilities of Choice Fitness, (hereinafter “Releasees”) to the undersigned (hereinafter the “Participant”) the Participant hereby waives, releases and discharges any and all claims which the participant may have, or claim to have, or in the future have, against Releasees, its successors and assigns for all personal injuries or claims of any kind or nature known or unknown, caused by or arising out of the use by Participant of the tanning facilities of Releasees. This release is intended to discharge in advance the Releases from and against any and all liability arising out of or connected in any way to the use by the Participant of the tanning facilities of Releasees, even though that liability may arise from the operation of the tanning facilities.

The undersigned further understands that injuries may occasionally result from the use of the tanning facilities, some of which may currently be unknown to Releasees. Knowing the risk of such activity, the Participant hereby agrees to assume those risks and to release and hold harmless the Releasees even though they might otherwise be liable to the undersigned for damages. It is further understood that his waiver, release and assumption of risk is to be binding of the undersigned’s heirs and assigns.

Danger Ultraviolet Radiation

1. Follow instructions.

2. Avoid too frequent or lengthy exposure. As with natural sunlight, exposure to a sunlamp may cause eye and skin injury and allergic reaction. Repeated exposure may cause chronic damage characterized by wrinkling, dryness, fragility, bruising of the skin and skin cancer.

3. Wear protective eyewear. FAILURE TO WEAR PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

4. Ultraviolet radiation from sunlamps aggravates the effects of the sun. Do not sunbathe before or after exposure to ultraviolet radiation.

5. Abnormal or increased skin sensitivity or burning may be caused by certain foods, cosmetics, or medications including but not limited to: Tranquilizers, diuretics, antibiotics, high blood pressure medication, birth control pills and skin creams. Consult a physician before using a sunlamp if you are taking medication or if you believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use a tanning device may develop discolored skin.

6. IF YOU DO NOT TAN IN THE SUN YOU WILL NOT AN FROM THE USE OF THIS DEVICE. Use of a tanning device does not provide substantial protective base against the effects of the sun.

KID’S CHOICE WAIVER

Photo Permission: I/We give permission for Choice Fitness Kid’s Choice to use our child’s photograph on the website, fliers, brochure or any other publication relative to Choice Fitness. We realize that our child’s first or last name will not be used in such publications.

Parent/Guardian understands that leaving their child with Choice Fitness Kid’s Choice is at their sole discretion. Parent/Guardian releases Choice Fitness, its staff, management and ownership of any liability to the child unless deemed negligence on the part of Choice Fitness.

Child Release Information: No child my be released from the Choice Fitness Kid’s Choice to any person other than his/her parents or other person currently designated in writing by such parent to receive the child. Those persons authorized to pick up said child (including parents) need to present photo identification each day until easily recognized by the attendant.

Parents, please be advised, Choice Fitness is a licensed exempt childcare program. Childcare exempt from licensure meaning parents/guardians who accompany the child must remain on the premise and available for immediate assistance. Parents are responsible for toileting, diapering, feeding and disciplining. As a courtesy to others, please refrain from bringing a sick child to the Kid’s Choice for safety of the other children. Parents/Guardians that fail to comply with these conditions are aware that childcare services will not be available. I also understand the Kid’s Choice is a separate membership which will be drafted for a minimum of 3 months and renew automatically, month to month, after the initial term of 3 months.

MEMBER/BUYER ACKNOWLEDGEMENT: Having read the terms on the front of this agreement, along with having read the Rules and Regulations, All Waivers, including Fitness Release Waiver, I intend to be legally bound hereby and understand this agreement to be a complete waiver and disclaimer in the favor of Choice Fitness of any and all liability.

Signature of Parent or Guardian (if under 18)

Sessions are booked according to the contract. I understand that without 24 hours’ notice, the session will be charged accordingly. Member may change days and time with a manager’s approval.

 

All sales are final. Choice Fitness does not allow refunds for personal training services. All fees are paid for personal training solely and exclusively. This training agreement belongs to the club and not the individual trainer. All sessions are by appointment only. Membership at Choice Fitness is a separate charge. Termination of a Choice Fitness personal trainer may result in assignment of a different trainer to serve your needs best. Employment of trainers of Choice Fitness without first contacting the club Fitness Manager is prohibited. Personal Training Sessions expire 6 or 12 months from date of purchase. Paid in Full sessions expire 12 months from date of purchase. 24 hours’ notice is required to reschedule an appointment.

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 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, Club Automation, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees. Member affirms, acknowledges and attests that Member’s mailing address, 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 Choice Fitness and Club Automation, including its agents and affiliates, may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or subsequently provided by Member to Choice Fitness and/or Club Automation.

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 Choice Fitness and Club Automation, including its agents, affiliates, and vendors, not limited to its 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 Choice Fitness and/or Club Automation, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and that all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

Arbitration. Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Personal Training 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 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 Personal Training 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 Choice Fitness 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 Club Automation.

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.

E-SIGN Consent. Certain laws and regulations may require Choice Fitness and/or Club Automation 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 Choice Fitness and/or Club Automation, may provide Member. Members’ 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 Choice Fitness and/or Club Automation and request a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Choice Fitness and/or Club Automation. 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. Members agree to maintain a valid email address with Choice Fitness and/or Club Automation, and to promptly notify Choice Fitness and/or Club Automation, 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 Choice Fitness and/or Club Automation. 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 Choice Fitness and/or Club Automation, 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 Choice Fitness and/or Club Automation.