Member registration

I/We hereby request the privilege of paying to 180 Fitness 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. By signing below, 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 When the Company uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today`s date.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. The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
5. If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
6. 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.
7. 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.
8. This preauthorization payment arrangement shall apply to all applicants.

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 ten days late. 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 recurring payment become more than ten days past due, you will be charged a late fee. If the Member is paying recurring dues by electronic funds transfer (EFT), the club reserves the right to draft via EFT 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 recurring dues by EFT are subject to $10.00 per payment increase of recurring dues if EFT payment is stopped or changed. This will not affect any other provisions of this agreement.

LIABILITY AGREEMENT I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release their of- ficers, officials, agents/and or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from negligence of the re- leasees or otherwise, to the fullest extent permitted by law. I also understand that 180FITNESS will not be liable for loss, theft, or damage to any personal property of mine, members listed on my membership, or any of my guests. I understand and am aware that strength, flexibility, and aerobic exercise, including use of equipment, are potentially hazardous activities. I also understand that fitness activities involve a risk of injury, including paralysis and even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility
for my participation. I willingly agree to comply with the stated terms of participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring attention to the nearest official immedi- ately. I acknowledge that it is recommended that I have a yearly, or more frequent, physical examination with my physician as to physical activity, exercise, and use of exercise and training equipment so that might have permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my physician and do herby assume all responsibility for my participa- tion and activities, and utilization of equipment and machinery in my activities FOR PARENTS/GUARDIANS OF PARTICIPATION OF MINOR AGE (under 18 at time of Agreement) This is to certify that 1, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the releasees from any and all liability incidents to my minor child`s involvement or participation in these programs as provided above, even if arising from the negligence of the releasees, to the fullest extend permitted by law. Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your recurring 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 recurring membership dues by the amount of such increase If you have requested the privilege of paying your recurring dues by pre-authorized electronic funds transfer, the recurring amount so transferred will be adjusted to reflect
any increase in the sales tax rate.
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.

ALL ACCOUNTS ARE SUBJECT TO AN ANNUAL MAINTENANCE FEE OF $39.99, WHICH ACCRUES ON THE DATE OF SIGNING AND COLLECTED 90 DAYS THEREAFTER

CANCELLATIONS By law, you have seven business days to cancel this agreement from date of purchase. To be effective, your cancellation must be within 7 business days and return all membership information, including swipe cards. I understand that in order to cancel my agreement with 180FITNESS, I must provide either: a. documented proof from my doctor for injury/illness permanently limiting my ability to use the facility; b. documented proof of relocation more than 50 miles away from the facility; c. pay half of remaining balance; d. transfer your agreement terms and balance per manager approval. If I have a 1-year continual membership, I understand that I am required to pay through my obligation date as stated in my membership agreement. Then, I agree to give a 30-day notice in writing to the membership office in order to cancel. Otherwise, I understand my membership will continue on a month by month basis. 180FITNESS reserves the right to cancel this membership agreement without refund and request the return of membership card at its discretion. HOUSE CHARGES I understand that any house charges not paid by the 25th of each month will be debited from my account or card on file on the 1st. DELINQUENT ACCOUNTS In the event that I default on my obligation, 180FITNESS has the right to collect all monies due in an accelerated manner plus any fees charged by a collection agency, and/or any reasonable court fees. PARTICIPATION I understand that the amount and extent to which I participate in exercise and other activities within the premises is my responsibility. My failure to use the facilities does not constitute grounds for a refund or cancellation. CARDS There will be a $10.00 fee charged for lost cards. Cards are
not transferable to another person. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement. I have also read all other rules, regulations, and policies for 180FITNESS and agree to abide by these rules, policies, and procedures or 180FITNESS has the right to revoke my membership.

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 180 Fitness 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 180 Fitness, 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 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 in the city of your club location and the 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, which is currently Health Club Systems. 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 180 Fitness to provide Member with written notices and disclosures on paper. With Member`s consent, this information may be provided to Member elec- tronically. 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 180 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 pa- per copy of all electronic Documents by contacting 180 Fitness and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of 180 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 180 Fitness, and to promptly notify 180 Fitness 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 180 Fitness. To access, view and receive the Documents electronically, Member agrees and acknowledges that they must have: (i) a computer, mobile device, tablet or smartphone, (i) a version of internet browser software that is up-to-date and sup- ported 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 Docu- ments. 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 180 Fitness will notify Member following such materal 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 180 Fitness.

RENEWAL PROGRAM OPTIONS: MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time with a 30 day written notice delivered to the club`s address, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel. TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof, the membership will automatically renew at the rate indicated, on the indicate date. Cancellation of Renewal andior any additional Payment Schedules set forth by this agreement, will require a 30-day written notice delivered to the club`s address. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees. PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the term obligation date. FAMILY ADD ON NOTICE: I understand that I am joining at a reduced recurring rate as an Add-on to an existing `Master` Member. I understand that should my Master Member become inactive during the course of my membership, my recurring dues payment are subject to increase to the current single member rate. An Annual Membership fee of the indicated amount will be billed on the indicated
date and each year thereafter.

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail or statutory overnight delivery, return receipt requested. You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address: the indicated address. Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail or statutory overnight delivery, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa acknowledging your cancellation. To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight seven business days after the indicated date and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you. If you should die during the membership term or any renewal term, your estate may cancel the contract. The health spais entitled to a reasonable predetermined
fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death may be required under this paragraph. If a consumer has a history of heart disease, he should consult a physician before joining a spa.

If the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, "total and permanent disability" means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition. If a consumer has a history of heart disease, he should consult a physician before joining a spa. 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 the health spa at which the contract is entered into ceases operation and
fails to offer an alternate location, substantially similar, within ten miles.

NOTICE: State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other
protections provided to you should you choose to pay in advance.

You agree that 180 Fitness Statesboro, may deliver or cause to be delivered to you at the telephone number provided by you above telephone calls, telemarketing calls, SMS messages (including text messages), voicemail messages and similar communications using automated systems and technology (including automatic telephone dialing systems), and/or artificial or prerecorded voice messages. Such communications would be about your account, as well as offers from 180 Fitness Statesboro. 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 opt-in now, you will be able to opt-out later. Message and data rates may apply. Message frequency varies. For SMS: text HELP for help and text STOP to cancel messages