This Membership Agreement (“Agreement”) is entered into by and between Natural State Fitness, LLC (“Seller,” “Club,” or “Natural State Fitness”), located at 711 AR-18, Manila, AR 72442, and the undersigned individual (“Buyer” or “Member”).
THREE-DAY CANCELLATION RIGHT
You (the Buyer) have three (3) business days to cancel this contract without penalty. To cancel, you must mail or hand deliver a letter to:
Natural State Fitness
711 AR-18
Manila, AR 72442
It is recommended that any cancellations be sent via registered or certified mail or statutory overnight delivery, return receipt requested, to serve as proof of your attempt to cancel. If you choose to hand deliver your cancellation, be sure to obtain a signed statement of receipt from a Club official.
To be valid, your cancellation must be postmarked by midnight or hand delivered by midnight three (3) days from the date of membership, and must include all contract forms, access devices or cards, and any other documents related to membership that may have been delivered to you.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT
You understand that you have signed a contract. Your failure to use the membership and utilize programs and facilities does not relieve you of your liability for payment regardless of circumstance. Your membership is absolutely nontransferable, nonassignable, nonrefundable, and noncancelable, except as expressly provided in this Agreement.
RELOCATION
Should Member permanently move their residence more than fifty (50) miles away from this facility or an affiliated facility, Member has the right to cancel the membership agreement upon at least thirty (30) days’ prior written notice sent via certified mail. Member must also provide his or her new address, phone number, and the name and address of his or her new employer, if any. Electronic funds transfer payment on this agreement will be suspended upon providing legitimate verification of relocation.
- Natural State Fitness does not refund any prepaid time.
- Any transfer or cancellation shall not have a fee exceeding one hundred dollars ($100).
- Cancellation in this section is subject to acceptable proof as determined by Seller.
- Thirty (30) days’ notice is required to cancel the agreement without incurring additional liability of one (1) month’s dues.
- Cancellation under this section is effective and binding on Seller only when in writing and signed by an authorized representative of Seller.
- Buyer shall continue to be responsible for payment of all installments accrued under the terms of this agreement prior to fulfillment of the above conditions.
- Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event that Natural State Fitness ceases operation and fails to offer an alternative location substantially similar within fifty (50) miles.
DEFAULT AND LATE PAYMENTS
Should you default on any payment obligation as called for in this Agreement, the Club shall have the right to declare the entire remaining balance due and payable, and you agree to pay allowable interest and all costs of collection, including but not limited to collection agency fees, court costs, and attorney fees.
A default occurs when any payment due under this Agreement is more than ten (10) days late. An additional service fee will be charged for any check, draft, credit card, or order returned for insufficient funds or any other reason. If the Member is paying monthly dues by Electronic Funds Transfer (EFT), the Club’s designated billing company reserves the right to draft via EFT all amounts owed by the Member, including any and all late fees and service fees, subject to applicable State and Federal Law.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY
The Club reserves the right to change designated billing companies at its discretion and without warning. If such a change is made, the full terms and conditions of this Agreement shall continue to apply and you agree to authorize the new designated billing company to continue drafting your account.
NOTICE
Any holder of this Agreement is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
MEMBERSHIP FREEZE POLICY
If you have a term membership (i.e., twelve (12) months), you may freeze your membership. Freezes may be for a period of up to six (6) months in a given year. Freezing your membership will hold your monthly membership dues until the end of your freeze. Once you resume usage of the Club, the freeze will terminate. The time of the freeze will be added to the end of your membership’s original term and extend your contract length.
MAINTENANCE OF FACILITIES
The Club may be temporarily closed for a period up to two (2) weeks each year for maintenance purposes.
MEMBER OBLIGATIONS
- Member agrees to abide by all Club policies, follow the directions of staff regarding safety and security issues, and treat staff and other members with courtesy.
- Member agrees to pay monthly dues on time, including notifying the Club promptly if banking or credit card information used for automatic payment changes, or be charged for a declined payment and all applicable late fees.
- Member agrees to pay all collection fees incurred by the holder of this Agreement, should this account become more than sixty (60) days past due.
RULES
Member agrees to follow all Club rules, as promulgated from time to time. Violation of these rules may be cause for suspension or cancellation of membership.
DAMAGE TO FACILITIES
Member agrees to pay for any damages caused to the facilities due to careless or negligent use thereof.
LEGALLY BINDING AGREEMENT
Member understands that this Agreement is legally binding whether use of the facility and its services is determined and paid for on a monthly, yearly, or individual visit basis.