Payment Authorization Terms
For Consumers in the United States (or elsewhere outside of Canada):
Billing Authorization: You authorize the club (the “Club”) and/or the Club’s agents, including the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), to charge your credit card or debit card, or debit your bank account, provided by you (as applicable, “Payment Method”) for all amounts you have agreed to pay today and, if you elect to save and use such Payment Method for future payments and/or billing, for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, surcharges, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, retail transactions, and any other charges you are liable for, that are due or will become due, or that you incur (including interest on any overdue amounts, default charges, and charges related to returned payments, regardless of the payment method used to initiate such payments), including one-time transactions for which you elect to use the Payment Method (each an “Obligation”). The following terms apply to future payments if you have elected to save and use the Payment Method for future payments, and, to the extent applicable, also apply to amounts you have agreed to pay today. You agree that that debits to your Payment Method shall be made on a recurring basis on the fixed dates or intervals, and in the transaction amounts and/or per a description of how they will be calculated (including all associated fees, taxes, and charges), set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. You further agree that in the event any attempted charge or debit is returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any transaction, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on your bank, debit, or credit card statement shall constitute receipts for payment on your account. You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree that you must only be provided notice of an amount that varies if the amount exceeds the average amount by more than $50.00. You acknowledge your awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available for your review at the Service Provider’s website: https://abcfitness.com/terms-conditions/. The privilege of making EFT payments under this arrangement may be revoked by the Club and/or Service Provider if any item is not paid upon presentation. You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the Payment Method for purposes of making any future payments provided herein or in relation to the Membership Agreement, and to process payments owed in relation to all Obligations that are due or will become due and in relation to subsequent agreements entered between you and the Club. If your Membership Agreement will automatically renew at the end of the current term defined therein, the stored Payment Method will be used to process payments owed in relation to the renewal term(s). You agree to promptly notify the Club and/or its Agents if your Payment Method changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein. This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. You may revoke this authorization by contacting Service Provider by phone at 888-827-9262 or by email at [email protected], or by following the general cancellation policies provided in Your Membership Agreement. To cancel a scheduled payment, you must follow the revocation procedure above at least 2 business days prior to the applicable scheduled debit (unless a different notice period is specified in your Membership Agreement). If you revoke your authorization for any reason, you understand that this does not release you from your obligations under your Membership Agreement. Subject to applicable law, you acknowledge and agree that the Club and its Agents may contact you at your telephone number (including via SMS) and/or e-mail address currently on file for transactional or account-related communications, including confirmations of your transactions, receipts, and other service-related updates relating to your account or payments.
For Consumers in Canada:
Pre-Authorized Debit (“PAD”) Authorization: You authorize the club (the “Club”) and/or the Club’s agents, including the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”), to charge your credit card or debit card, or debit your bank account, provided by you (as applicable, “Payment Method”) for all amounts you have agreed to pay today and, if you elect to save and use such Payment Method for future payments and/or billing, for all amounts you owe under the membership agreement or other similar agreement (the “Membership Agreement”) between you and the Club, including dues, annual fees, enrollment fees, service fees, late fees, surcharges, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, retail transactions, and any other charges you are liable for, that are due or will become due, or that you incur (including interest on any overdue amounts, default charges, and charges related to returned payments, regardless of the payment method used to initiate such payments), including one-time transactions for which you elect to use the Payment Method (each an “Obligation”). The following terms apply to future payments if you have elected to save and use the Payment Method for future payments, and, to the extent applicable, also apply to amounts you have agreed to pay today. You agree that that debits to your Payment Method shall be made on a recurring basis on the fixed dates or intervals, and in the transaction amounts and/or per a description of how they will be calculated (including all associated fees, taxes, and charges), set forth in your Membership Agreement. If any date for billing falls on a weekend or holiday, you understand that the Club and/or Service Provider may process it on an upcoming business day. The Club or Service Provider will obtain your authorization for any one-time or sporadic (i.e., irregular, retail, or incidental) PADs when initiated by you at the point of sale, member portal, or similar circumstance. You understand that PAD payments processed from your Payment Method may vary each payment due date based on amounts you owe to the Club in accordance with the Membership Agreement. You further agree that in the event any attempted charge or debit is dishonoured, returned unpaid for any reason, the Club and/or Service Provider may make one or more further attempts to obtain payment, and if still unpaid, the Club and/or Service Provider may add the unpaid amount to your upcoming regular billing. You further agree that you may be assessed a fee for any payment that is returned unpaid and/or a late fee for any payment that becomes past due. In the event there is an error in any transaction, you agree that the Club and/or Service Provider may initiate a one-time credit or debit, as the case may be, to correct the error. The transactions on your bank, debit, or credit card statement shall constitute receipts for payment on your account. You acknowledge that the debits may be in different amounts depending on the services used and purchases made. You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any PADs drawn from your Payment Method under this authorization including, without limitation, pre-notification of the amount or payment dates of PADs drawn against the Payment Method. You also confirm that you agree to waive the 10-day pre-notification period for the first PAD to allow for immediate processing, and that you will be provided with a copy of this authorization within 5 calendar days after the first PAD. This Authorization will remain in force so long as you have payment obligations under the Membership Agreement or this Authorization, unless you revoke it by providing the Club or Service Provider with at least 10 days’ notice. You may obtain a sample PAD cancellation form, or more information on your right to cancel with Authorization, at your financial institution or by visiting www.payments.ca. The Club and/or Service Provider may also cancel this Authorization at any time by providing you notice in accordance with the Payments Canada Rules, or if any item is not paid upon presentation. You have certain recourse rights if any PAD does not comply with this Authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Authorization. To obtain a form for a Reimbursement Claim, or for more information on your recourse rights, you may contact your financial institution or visit www.payments.ca. You understand that this Authorization applies only to the method of payment and revoking this Authorization does not terminate, cancel, or release You from Your obligations under Your Membership Agreement. You acknowledge that you will have to make alternate payment arrangements that are acceptable to the Club and Service Provider if you revoke this Authorization. You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the Payment Method for purposes of making any future payments provided herein or in relation to the Membership Agreement, and to process payments owed in relation to all Obligations that are due or will become due and in relation to subsequent agreements entered between you and the Club. If your Membership Agreement will automatically renew at the end of the current term defined therein, the stored Payment Method will be used to process payments owed in relation to the renewal term(s). You agree to promptly notify the Club and/or its Agents if your Payment Method changes, or if the account is closed, in which case you agree to provide an alternate means of payment. You acknowledge and agree that the Club and its Agents may use other available means of obtaining updated card information but you remain obligated to inform the Club and its Agents of the changes as provided herein. This authorization and consent to store payment information will not expire unless it is expressly revoked and shall remain in effect for the term of the Membership Agreement, including any renewals, unless earlier cancelled by you. The general cancellation policies provided in your Membership Agreement will apply to revoking this authorization. For any questions about this authorization, the Service Provider may be contacted by phone at 1-888-827-9262 or by email at [email protected]. To cancel a scheduled payment, you must follow the revocation procedure above at least 2 business days prior to the applicable scheduled debit (unless a different notice period is specified in your Membership Agreement). If you revoke your authorization for any reason, you understand that this does not release you from your obligations under your Membership Agreement. Subject to applicable law, you acknowledge and agree that the Club and its Agents may contact you at your telephone number (including via SMS) and/or e-mail address currently on file for transactional or account-related communications, including confirmations of your transactions, receipts, and other service-related updates relating to your account or payments. You confirm that: (i) the information provided in this authorization is accurate and complete; (ii) this authorization has been approved by a duly authorized officer with the power, authority and right to enter into and deliver such an arrangement on your behalf; (iii) this authorization will constitute a valid obligation binding upon and enforceable against you in accordance with the terms; (iv) all persons whose signatures are required for the Payment Method have agreed to this authorization; and (v) you acknowledge you have read and understand its terms and agree to be bound by such terms.