MEMBERSHIP FEE: Your membership fee entitles you to all the rights and privileges of membership at Island Gym and Fitness (the club). You agree that by signing this contract, you are required to pay for all membership dues and on-account charges whether or not you utilize the services of the club. Unless within 3 days of the contract begin date, this agreement cannot be cancelled or payments withheld during the initial term. In order to terminate billing during the open renewal period, you must formally apply for cancellation of this contract in writing (see below). If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less. BILLING: All accounts with a balance due for membership or on-account charges will be processed/drafted daily. PRICE INCREASE: Island Gym and Fitness reserves the right to increase membership dues at any time.
LATE FEE: If your account is past due 5 days, a one-time late fee of $15.00 will be charged to your account.
AUTOMATIC OPEN RENEWAL POLICY: Upon the expiration of your initial membership term, your scheduled payments will continue in accordance with the contract for the rate and frequency as outlined. Your membership dues will not increase as long as your payments stay current, your credit is in good standing, and you do not apply for cancellation of this contract. Please be advised that scheduled dues payments in the open renewal period will continue indefinitely until you apply for cancellation. See below for cancellation policy and procedures.
EXPRESS WRITTEN CONSENT TO RECEIVE TELEMARKETING CALLS & TEXTS: by signing this agreement, you (member) authorize the club facility and/or its service providers, including, without limit, ABC Financial Services, Inc. To deliver, or cause to be delivered to member, at the telephone numbers provided by member in this agreement, telemarketing calls, telemarketing texts 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.
PHYSICAL CONDITION: You have stated your physical condition to Island Gym. You have told the club of any impairment or disability that would prevent you from using the club’s facilities and equipment or physical conditioning program. The club is relying upon these representations of yours allowing you to use the club’s facilities. ASSUMPTION OF RISK: You agree that your use of the club’s facilities will be at your own risk. You further agree that the club will not be responsible for any injury or damages to you, your guests or your property because of the use of the club or its services. You further agree that the club shall not be responsible for any theft or loss of property while on the premises, including the parking lot. The club has the right to determine days and hours that the club will be available to members and the services and equipment that will be available at the club.
DEATH OR DISABILITY: Member may cancel if member dies or becomes physically unable to avail themselves of substantial portion of the services that are used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks remaining in the contract term. Cancellation requires the member or member’s estate seeking relief under this paragraph to provide proof of disability. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the club a certification of such disability by a physician.
VIOLATIONS OF RULES AND REGULATIONS: If you violate any rules and regulations set forth above or posted in the club from time to time, the club may cancel your membership and your rights to use the club’s facilities or to obtain the club’s services. You will not be entitled to a refund of any payment you have made. DEFAULT: Should member default on agreement prior to expiration date, club is hereby authorized to charge member’s account for the balance of the agreement. If a portion or any of the amounts due cannot be collected, the remaining sum due shall be charged interest at the rate of 18% per annum from the date of default until collected. Member will be responsible for any collection costs or legal fees incurred.
BOND: This facility is bonded by the State of New Jersey Division of Consumer Affairs for use and benefit of any person who has purchased any services from Island Gym and Fitness.
NOTICE TO CUSTOMER: You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice to the health club. "Operating day” means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.
AT-WILL TERMINATION: Island Gym reserves the right to cancel this contract and/or revoke member privileges to the facility at any time.
CANCELLATION: Member may cancel contract obligations if the member’s change in permanent residence exceeds 25 miles from the health club or an affiliated health club offering the same or similar services. Member will be required to provide proof of residence change and may retain a prorated share of the total contract price based upon the date the notice of cancellation was received plus reimbursement for expenses incurred in the amount not to exceed 10% of the total contract price. If the health club facility is closed for a period longer than 30 days through no fault of the buyer, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the buyer under the contract.
IF YOU CHOOSE TO CANCEL THIS CONTRACT, YOU MUST:
Submit a Cancellation/Freeze Request Form provided at the front counter at any gym location. Island Gym reserves 15 calendar days to process your request. If applicable, Island Gym is entitled to payment of your regularly scheduled membership dues during the 15 day process period.
Personally deliver, or send via registered/certified mail a signed and dated written notice of cancellation to: Island Gym Member Services - 3003 English Creek Ave Unit A8, Egg Harbor Township, NJ 08234
If the member wishes to cancel this contract within the initial term, the member must pay a cancellation fee of $96.00 or the balance of the contract whichever is less.
FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FINANCIAL AT: 1-888-827-9262. www.abcfinancial.com