Member registration

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. 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 same rate as of the date of last billing cycle prior expiration. Cancellation of Renewal and or 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. It is also understood that the club has the option to increase monthly renewal dues by no more than $10 per each Scheduled Payment, without notice, during any renewal period. PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the date stated on agreement. PAID IN FULL MEMBERSHIP IS NON-REFUNDABLE.

In consideration of being allowed to participate in the activities and programs of Future Fitness and to use its facilities, equipment, and machinery, in addition to payment of any fee charged, I do hereby waive, release, and forever discharge Future Fitness Health Club and its officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability for injuries or damages resulting from my participation in any activities at said facility. I do hereby release all of those mentioned and any others acting on their behalf from any negligent act or omission of participation in any activities of Future Fitness Health Club or the use of any equipment at Future Fitness Health Club. I understand and I am aware that strength, flexibility, and aerobic exercise including that use of equipment are a potentially hazardous activity. I also understand that fitness activities involve a risk of injury or even death and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any of the activities and programs of Future Fitness Health Club or use of equipment or machinery except as hereinafter stated. I do hereby acknowledge that I have been informed of the need for a physician`s approval for my participation in any exercise/fitness activity or in the use of exercise equipment and machinery. I acknowledge that it has been recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise, and use of exercise training equipment so that I might have recommendations concerning these fitness activities and equipment use.

I authorize Future Fitness to draft my non-refundable Annual Club Enhancement Fee of $40, which will be billed on January 1st of every year that I remain a member. In addition, I understand that I will be billed additional $40 annual Club Enhancement fee for every additional member on my account. Prorated amount of non-refundable annual club enhancement fee up due on the first billing cycle. I understand that this fee is in addition to my monthly dues.

TERMS AND CONDITIONS:

1. MEMBERSHIP PLANS:

(a) "DISCOVER" membership $10 per month, allows gym acces to facility during staffed hours 9 am to 7 pm Monday - Sunday.

(b) "ENGAGE" membership $25 per month, allows 24/7 access to facility.

(c) "ACHIVE" membership $35 per month, allows 24/7 access to the facility, allows participation in group classes, grants acess to the DUNGEON during staffed hours.

2. CLUB ACCESS: (a) Future Fitness open (24/7) 24 hour per day 7 days per week for selected membership plans. Staffed hours of the facility from 09:00 am to 07:00 pm every day, in exceptions of holidays. (b) All members must take a photo for our Club Software for identification purposes. If member objects to taking a photograph, then they may present a photo ID each time they enter the facility and can not be allowed 24/7 access. Failure to scan a card or provide form of photo ID will result in the gym access denial. (c) Member must provide proof of membership at the front desk each time he/she enters the facility. During non-staffed time, all members are required to scan their card at the front door and must only enter facility by themselves and close door behind them. In event of member allowing another person to acces facility with them, in front of, or behind them, or letting another person to use their access card to enter facility, or sign in with their member number at the front desk, then the member will be charged non refundable $50 fee per person. If a member enter facility behind another member while the door still open or disregard anoher member request not to walk in behind them, then member in violation of this rule and  will be charged non refundable $50 fee. (d) Member may not allow anyone else to use their access card or membership number. Member must notify Future Fitness staff immediately if their access card lost or stolen.

3. CARD REPLACEMENT: Membership card replacement fee is $10 dollars.

4. CLOTHING REQUIREMENTS: Proper athletic clothing and footwear are required in exercise areas. Denim, work pants, open toe shoes or bare feet will not be permitted. The final decision on apparel will be at the discretion of Future Fitness management. Personal cleanliness and hygiene is also required.

5. PROHIBITED ITEMS: (a) No alcohol or tobacco products on or around the premises. No illegal substances allowed on premises. (b) No food or glass containers allowed on the workout floor (bottled water and drinks OK)

6. MINOR ACCESS: (a) No children are allowed in main club that are not members. (b) Adult member can add minors from 12-17 years old to the account and assume full financial resposibility for addition members on account. (c) Minors between 12-14 allowed to use cardio and selectorized machines and not allowed to use free weights and plate loaded equipment. Minors between 15-17 may use free weght equipment with direct supervision of responsible adult.

7. PESONAL SOUND DEVICES: Personal speakers, boom boxes, and/or loud speakers are not allowed to be used in a facility. Please limit volume on personal music devices (to be able to hear sounds in the gym for personal safety).

8. PERSONAL CONDUCT: Member must wipe down equipment after each use. ABSOLUTELY NO DROPPING FREE WEIGHTS, SLAMMING WEIGHTS, SCREAMING, LOUD GRUNTING, OR PROFANE LANGUAGE. Re racking weights are mandatory. Please ask front desk if you have any questions about proper use of equipment.

9. CANCELLATION POLICY: After the initial term of the monthly dues membership, member may terminate the agreement and the obligation to pay further monthly dues by submitting a written cancellation request either in person or by mail to member`s original club. Cancellation request must be received 30 days prior to billing cycle. If notice is not received by that date, member/account holder will be billed one more month and Annual Club Enhancement (if applicable). In an absence of such notice, all fees shall continue. Verbal cancellations will not be accepted. If membership has minimum term that has not yet been fulfilled, member/account holder may terminate the agreement early by submitting $150 cancellation fee with this request. In the absence of such payment, all fees shall continue for the remaining value of the membership term. Member/ account holder are responsible for any back dues, admin fees, collection fees, and late fees prior to cancellation.

10. Paid in full contracts are non-refundable.

11. RETENTION OF DUES TO COVER DAMAGES: In the event a Member, through negligence or willfulness, damages any of the facilities, Future Fitness may terminate his membership and retain as much of the prepaid sum as is allowable to services he has taken and to cover damages caused by the Member. The processing fee shall not be refundable or applicable to cover damages. This provision does not in any way preclude Future Fitness from seeking damages without terminating membership.

12. DEFAULT IN FEE OBLIGATION: All monthly dues obligations are due and payable on a first day of each month, regardless of facility use. If payment returned to Future Fitness for non payment, membership becomes past due and $25 late fee added to that month due. In addition, 24/7 access to the facility will be suspended until all outstanding balance on account paid in full. If dues become 30 days delinquent, use of the Future Fitness facilities will be suspended. If dues become 90 days delinquent, member will be automatically terminated and membership will go to collection in small claim court. Member and account holder will also be responsible for all pass due fees including monthly dues, late fees, termination fee in an amount of $250, and court`s fees for collection of a delinquent account.

13. MANAGEMENT OR CONTROL: The privilege of membership carry no right of participation in management or control of the finances of Future Fitness.

14. 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 Future Fitness and Club Systems, including its agents and affiliates, 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 Future Fitness and/or Club Systems.

15. COLLECTION OF YOUR PERSONAL INFORMATION: Future Fitness collects information about you that is provided in conjunction with your purchase of services, including information provided on your club membership agreement(s) and personal training agreement(s). Information about you is typically obtained from the agreement you sign with Future Fitness. Your personal information may also be collected from you when you provide information directly to Club Systems in any manner, or when you update account or contact information at the club or online. The information Future Fitness collects about you may include your name, postal address, email address, phone numbers, bank account or credit card information, audio recordings of phone calls with you or made in relation to your account, photographs voluntarily taken at the club, and e-mail correspondence with you or in relation to your account. Future Fitness collects such personal information about you for the purpose of processing and collecting payments owed by you to the club, to contact you in relation to your health club account, and to otherwise provide third party payment processing and administrative services to your club. Future Fitness uses information it collects to communicate with health club members, collect payments owed to its health club clients, and maintain up to date account information for members.

16. E-SIGN CONSENT: Certain laws and regulations may require Future Fitness and/or CLUB SYSTEMS, 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 Future Fitness and/or CLUB SYSTEMS, 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 Future Fitness, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Future Fitness. 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 Future Fitness, and to promptly notify Future 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 Future Fitness. 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 Future Fitness, 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 Future Fitness. 19.The health studio reserves the right to make changes to the type or quantity of classes or equipment offered.

17. HOURS OF OPERATION: Future Fitness open 24/7 for selcted membership plans and staffed Monday-Sunday: 9am-7pm. Facility willnot be staffed on all major Holidays and will be limitely staffed on before and/or day after the Holiday.

18. Consumer’s Right of Rescission: A. If this contract for health studio services requires payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 20 days after the contract is executed. B. If this contract for health studio services requires payment of two thousand one dollars ($2,001) to two thousand five hundred dollars ($2,500), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 30 days after the contract is executed. C. If a contract for health studio services requires payment of two thousand five hundred one dollars ($2,501) or more, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 45 days after the contract is executed. 2. If, by reason of death or disability, the person agreeing to receive services is unable to receive all services for which he has contracted, he and his estate shall be relieved from the obligation of making payment for services other than those received prior to death or the onset of disability, and that if he has prepaid any sum for services, so much of such sum as is allocable to services he has not taken shall be promptly refunded to him or his representative. For the purposes of this section, ‘disability’ means a condition which precludes the buyer from physically using the facilities and the condition is verified by a physician. 3. If the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person shall be relieved from the obligation of making payment for services other than those received prior to the move, and if such person has prepaid any sum for health studio services, so much of such sum as is allocable to services he or she has not taken shall be promptly refunded. Such person may be charged a predetermined fee not exceeding one hundred dollars ($100), or, if more than half the life of the contract has expired, such person may be charged a predetermined fee not exceeding fifty dollars ($50). 4. Your membership is non-transferable and cannot be cancelled without the notice required in this agreement unless one of the above exceptions applies. BUYER`S RIGHT TO CANCEL- You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, sign in-person at the facility, or deliver a signed and dated notice, that states that you, the buyer, are cancelling this agreement, or words of similar effect. The notice shall be sent to via first-class mail, via email to [email protected] from an email address on file with Future Fitness, or delivered in person at 729 Willwick Way, Yuba City, CA 95991. Mail in letter and/or Email must include picture or copy of valid photo ID of the member and information on ID matching information on account. Pro-rated refund of sign up fees will be issued for the new members canceling services within 5 days from the initial enrollment. First 5 days prorated $12.50 day rate per day of facility use.

19. Billing 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) By executing this Agreement, You acknowledge Your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations. (5) The privilege of making EFT payments under this arrangement may be revoked by the Company if any item is not paid upon presentation. (6) If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement. (7) 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. (8) 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.

EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING EMAILS, CALLS, and TEXTS: by signing this agreement, you (member) authorize the club/facility and/or its service providers, partners, affiliates, including, without limit to deliver, or cause to be delivered to member, at the telephone numbers or email provided by member in this agreement, telemarketing calls, telemarketing texts/emails, and similar communications using an automatic telephone dialing system or an artificial prerecorded voice. Member acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services.