ADDITIONAL TERMS AND CONDITIONS
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 (pre-judgment and post-judgment) interest at the rate of 12% per year, and all collection costs that may be paid or incurred by the club, including but not limited to collection agency fees, court costs, arbitration costs, and lawyer fees on a solicitor and client scale (full indemnity base) You agree that these collection costs are pre-proceeding collection expenses and constitute a claim for a liquidated demand for money within the meaning of this provinces Small Claims Court Rules. You agree that the collection costs are recoverable in court by the club. A default occurs when any payment due under this agreement is more than 10 days late. Should any monthly payment become more than 10 days past due, you will be charged a late fee. An additional service charge will be charged for any cheque, draft, credit card, or order returned for insufficient funds or any other reason. If the MEMBER is paying monthly dues via any form including Electronic Fund Transfer (EFT), cheque, draft or credit card, the CLUBS designated Billing Company ABC Financial Services Canada, LLC reserves the rights to charge via EFT, cheque, draft or credit card for all amounts owed by the MEMBER including any and all late fees and service fees. Subject to appropriate Provincial and Federal law.
SALES TAX: not withstanding any other provisions of this agreement you understand and agree that the amount of your monthly 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 monthly membership dues by the amount of such increase if you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.
RIGHT TO CHANGE DESIGNATED BILLING COMPANY: The CLUB hereby reserves the right to change the designated billing company at their discretion and without warning. If such a change is made, the full terms and conditions of this agreement will 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 and services obtained pursuant hereto or with the proceeds here of, recovery here under by the debtor shall not exceed amounts paid by the debtor here under.
MEMBERSHIP FREEZE POLICY: If you have a term membership, (i.e. 12 month etc.) You may freeze time on your membership for a medical reason. Freezes can be from 30-90days at a time we may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payment you are still liable for your organizational payment schedule, one you resume any usage of the club, the freeze will terminate. Time of any freeze will be credited to the end of your memberships original term.  Military member; if at any time during the term of your agreement you are deployed or assigned to active duty the club will allow you to freeze your membership for the time in which you are absent upon written request from you. You will need to provide proof of deployment or assignment detailing your absence in the applicable time.
MAITENCE OF FACILITIES: The CLUB may be temporarily closed for periods of up to two weeks each year for maintenance purposes. The CLUB reserves the right to add periodic facility maintenance charge if a facility maintenance charge is implemented in the future you will be given a minimum of 60-day notice of the amount owed and due date. You authorize the designated billing company to automatically draft this amount along with your regular membership dues.
MEMBER OF OBLIGATIONS: (1) Member agrees to abide by all CLUB policies, follow the directions of the staff regarding safety and security issues and to treat the staff and other members with curtesy. (2) 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 to be charged a declined payment fee and or a late fee per delinquent payment. (3) Member agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) Member agrees to continue to fulfil the financial obligation of this agreement except as allowed below.
CANCELATION POLICIES: (1) You may cancel your membership and receive a full refund within 10 business days of signing this contract by providing a written notice to the club and returning all access cards. If access cards are not returned the club will deduct the cost of the cards from the refund. If this contract is signed before the club is open for business buyer has the right to rescind this agreement within a 30-day period after the facility becomes fully operational if there has been any misrepresentation concerning the facilities that would be available to said buyer. (2) If during the original term of this contract you relocate more than 25kms from your original residence and stated in this agreement and a new permanent residence is more than 5kms for any anytime fitness location you may cancel this contract by providing a 30-day written notice, proof of relocation and a $50 early cancelation fee.
Any prepaid dues remaining will be refunded except for a cancelation fee not to exceed $50. Acceptable proof of relocation includes a newly issues driver’s license with an address different from the one you signed up with or shown on your previous license or a utility bill in your name with your new address. (3) If you die or become totally and permanently disabled you or your estate may cancel this contract by providing a written request and certifiable proof of disability or death. For permanent disability, your doctor must provide certification of the disability and state that you are unable to use any of the anytime fitness facilities. Any prepaid dues remaining will be returned but no cancelation fee will be charged. (4) The club retains the right to cancel or suspend a membership of any person for any reason. If such cancelation or suspension is made due to violation of the CLUB policies, violation of terms of this contract or due to damage rendered by you or your guests you will remain responsible for the financial obligations of this contract as well as a $50 cancelation fee. In the case where the facility of its contents is damaged you will furthermore be responsible for the repaired of replacement thereof. (5) If the CLUB goes out of business or moves its facilities more than 5kms from this present location buyer may cancel by written notice any cancelation under this subsection will receive a pro-rata refund of any pre-payments. Any payments due prior to cancelation take in affect will still be due and payable. Your account must be current before any cancelation will take effect. o cancel for any of the above reasons, or for any other cancelation, please submit a request online at www.site2gym.com, and fill one of the self-service forms.

SUMMARY OF MEMBERSHIP POLICIES:

1. MEMBER by executing this agreement does hereby join the club and such membership entitles the member to use the facilities. The member is entitled to use the facility only and member shall be required to provide members own athletic equipment and clothes. The member will be subject to additional charges for and including but not limited to the use of tanning beds. The member may also be charged for purposes through the use of the key and account number.
2. Member must present upon entering the club his/her membership card. Member agrees that member may be denied access to the club without his/her membership card.
3. Member agrees to abide by all membership regulations of the club. Member agrees to comply with stated and customary rules for participation and use of equipment unless canceled as provided in this agreement member will be responsible for all payments due and owing under this agreement even if member does not use the club’s facilities and services. However, in the event of death or disability liability for fees will terminate at of the date of death or disability. If the club becomes temporarily unavailable due to an event such as fire, flood, loss of lease or the like we will extent the member’s membership privileges for the period the facility was unavailable.
4. If member violates this agreement and the terms contain there in or any of the rules and regulations for use of the facility the club may suspend the members right to use the facility until such time the member provides the club with reasonable assurance and future compliance. During the period of any such suspension the member shall not be entitled to a credit for any pre-payment of dues or other fees due or paid pursuant to this membership agreement in the event member continues to violate the terms of this agreement or the rules and regulates governing the facility the member’s membership may be terminated by the club and the balance of the contract declared due and payable in full immediately.
5. Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as a trainer for other members or guests and any acts which constitute such business activities are strictly forbidden. If member engages in such commercial or business activities member’s membership shall be subject to immediate cancelation and the balance of the contract declared due and payable in full immediately.
6. Member agrees that member shall abide by the club dress code at all times while in the facility. Do not wear blue jeans or any pants/shorts that have blue jean type seams or rivets. Flip flops or bare feet are not allowed in the club
7. Member agrees that member shall not use loud of profane language upon the club premises nor that member molest badger, assault, or harass other club members, guests, or employees. If member engages in such behavior member’s membership shall be subject to immediate cancelation and the balance of the contract declared due and payable in full immediately.
8. Member understands that the club prohibits the use of any drugs or steroids and member agrees not to use any drugs or steroids in the club premises. Member acknowledges and is aware that steroids can cause numerous physical mental and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility and many other adverse health problems. Member recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading or exchange of steroids and no such activity is allowed upon CLUB premises.
9. MEMBER understands MEMBER may be photographed at the CLUB. By execution of this agreement, MEMBER agrees to allow MEMBER’s photo, video or film likeness to be used for any legitimate purpose by the CLUB and by Anytime Fitness, LLC, and their respective producers, sponsors, organizers and/or assigns, in their discretion. MEMBER acknowledges that by signing this agreement, MEMBER gives up all claims to ownership, income, editorial content, and use of such media, and assign all copyright ownership to Anytime Fitness, LLC.
10. MEMBER agrees that if MEMBER fails to use the club’s facilities that shall not release the MEMBER from the obligation to make all payments requires by the terms of this membership agreement.
11. Should this Agreement be placed in the hands on an attorney for the violation of any provision contained herein, the parties agree the CLUB shall be entitled to recover all the costs and expenses resulting there form, including a reasonable amount as attorney’s fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in the Agreement and shall supersede any prior under-standings, arrangements, commitments, or undertakings of the parties, whether written or oral, express or implied.
13. The Agreement may not be amended modified except by an instrument in writing executed by the parties hereto.
14. MEMBER authorizes the CLUB, ABC financial Services, Inc, Anytime Fitness, LLC, and their authorized designees to contact them by email, telephone, or by other means. Subject to applicable law. Member agree that any of these parties may contact Member at any mailing address, phone number or e-mail address set forth on the face of this agreement, or any other address subsequently provided to, or obtain by, ABC financial Services. A copy of the privacy policy of ABC Financial Service, Inc. can be found at http://www.abcfinancial.com/privacy-policy and copy of the privacy policy of Anytime Fitness, LLC can be found at www.anytimefitness.com/privacy.. By signing below. MEMBER hereby consents to receive autodialed and/or pre-recorded telemarketing calls and/or text messages from or on behalf of the CLUB, ABC financial Services, Inc, Anytime Fitness, LLC, and/or their authorized designees, and MEMBER understands that such consent is not a condition of purchase.
15. The CLUB retains the right to modify these policies without warning. Reasonable rules and regulations will be posted in the Membership Guide or at the CLUB from time to time and all MEMBERs shall be subject to strict compliance therewith. The most current copy of the membership guide can be found at the CLUB or at the CLUB’s website.

SAFETY NOTICES

• This facility is under 24 hours recorded video surveillance, which may be retained by the CLUB subsequent review, and MEMBER access card usage is logged.
• MEMBER may not bring in guests at any time without the prior written consent of the facility staff. Furthermore, if this policy is violated, at the sole discretion of the facility management, the MEMBER may be charged a guest fee and/or have their membership suspended or canceled, the balance of the contract declared due and payable in full immediately, and be assessed a penalty of up to $250.00. MEMBER may not allow anyone else to use their access card and must alert the CLUB immediately if it is lost or stolen. Violating this policy carries the same penalties and violating and guest policy.
• MEMBERS who do not have their key access cards will not be allowed into the facility during non-staffed hours, nor should they enter the facility during unstaffed hours.
• Personal training services provided in this facility may be provided either by employees of the CLUB or by independent contractors operating their own business who are retained by the CLUB, regardless all payments for personal training services are to be made to the personal trainer.
• It is MEMBERS responsibility to wipe down all equipment after each use and re-rack the weights they use.
• MEMBER is required to use the safety features of the equipment. If you are unsure of how to use a machine, you should obtain instructions from the staff or personal trainers.
• EACH MEMBER is responsible for understanding how to operate the panic alarms and agree to use them only in case of an emergency.
• Horseplay, vulgar language, abuse of equipment, working out while being intoxicate, or other inappropriate behavior will not be tolerated and may result in the suspension or cancelation of the MEMBERS membership, and the balance of the contract being declared due and payable in full immediately.
• Cell phones are not permitted in the cardio area. Photography and/or videography are not allowed anywhere in the CLUB.
• Age requirements- Persons under the age of 18 are not permitted in the CLUB.

DESIGNATED BILLING COMPANY
ABC FINANCIAL SERVICES CANADA, LLC