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MEMBERSHIP AGREEMENT AND RETAIL INSTALLMENT SALE CONTRACT

CREDITOR (Called Seller or We, Us, and Our)

VICTORY FITNESS OF COLUMBUS WEST
4360 West Broad St.,
Columbus, OH 43228
www.victoryfitnesscenter.net

ELECTRONIC FUNDS TRANSFER: AUTHORIZATION FOR PREAUTHORIZED FIXED WITHDRAWALS: To sign up for automatic payment service by either electronic funds transfers from a bank account or charges to your credit card, sign and complete the applicable portion below and attach either a voided check and/or credit card imprint.
 
I authorize Current Credit, Inc., to debit my bank account or credit card identified below for monthly installments, monthly renewal fees, monthly service and maintenance fees, and any other charges owing by me under this Contract. I understand that I may withdraw my consent to such transfers by written notice mailed to Fitness Center Cancellation Department, P.O. Box 5907 Toledo, OH 43613-0907 in a timely manner giving Current Credit Inc. a reasonable opportunity to act on it, but I will still be liable for payments under the Contract.

PREPAYMENT: If you pay off early, you may be entitled to a refund of part of the Finance Charge.

FEES ASSESSED: If we do not receive a payment within 10 days after the date it is due, we will charge you a late charge of the lessor of 5% of the unpaid amount of the installments or $3.00. Payments not withdrawn by electronic transfer will be subject to a $3.00 fee. $5.00 NSF fee to all returned payments and $20.00 NSF fee to all returned checks. Account may be subject to additional transaction fees.
See the other provisions of your Contract for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties.

THE OHIO LAWS AGAINST DISCRIMINATION REQUIRE THAT ALL CREDITORS MAKE CREDIT EQUALLY AVAILABLE TO ALL CREDIT WORTHY CUSTOMERS, AND THAT CREDIT REPORTING AGENCIES MAINTAIN SEPARATE CREDIT HISTORIES ON EACH INDIVIDUAL UPON REQUEST. THE OHIO CIVIL RIGHTS COMMISSION ADMINISTERS COMPLIANCE WITH THIS LAW.

Buyer authorizes Seller to verify any information relating to Buyer’s credit and financial responsibility that it deems necessary and to verify this sale by contacting Buyer at the phone number(s) listed below.

VICTORY FITNESS CENTERS NOTICE OF CANCELLATION

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the Seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The Seller must also cancel and return to you within twenty business days any papers that you signed.

To cancel this contract you must deliver in person, manually. Or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send a telegram, to Fitness Center Cancellation Department, P.O. Box 5907, Toledo, OH 43613-0999, or at the address of any facility available for use by you no later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is subject of the contract is not available when the contract is singed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

TERMS AND CONDITIONS

PARTIES: In this Contract, the words you, your, and yours, mean all persons signing this Contract as Buyer. The words we, us, our, or Seller mean Victory Fitness Centers or anyone to whom we may transfer this Contract.

PROMISE TO PAY: You promise to pay the Total of Payments including your total Down payment according to your installment payment schedule shown on the reverse side. You shall make your payments to us at the address we give you unless we notify you in writing to make your payments to a different address.

SERVICE AND MAINTENANCE FEE: You promise to pay a service and maintenance fee to Seller of $5.00 per month during the initial term of your membership. If your membership in renewed, you promise to pay the monthly service and maintenance then in effect. Seller shall keep all service and maintenance fees segregated from other funds and use such fees for operating expenses and maintenance of the facility. This monthly fee shall be paid to Fitness Center Cancellation Department, P.O. Box 5907, Toledo, OH 43613-0999 on the first day of each month.

RIGHTS UPON THREE DAY CANCELLATION: 	If you cancel this Contract as set forth in the attached Notice of cancellation, Seller shall return to you all payments received under the Contract within 10 days after receipt of the notice if you use the Seller’s facilities. Seller will retain the sum of ($10.00). Seller shall also return to you all evidence of your indebtedness executed in connection with this Contract. After cancellation you should return to Seller any evidence of membership and other goods received in connection with this Contract.

PERSONAL INFORMATION: Seller will return to you all information and material of a personal or private nature which Seller received directly or indirectly from you. The material includes, but is not limited to, answers to test or questionnaires, photographs, or background information. Seller will return this material to you within 30 days after the end of this Contract or at least the end, for any reason, of any service Seller agrees to perform. The Seller will return this material by regular mail. Buyer authorizes seller use of photo and video for promotional purposes.

EXTENSION OF MEMBERSHIP PERIOD: Unless otherwise entitled to cancel this Contract as provided herein, in the event Buyer is ill or absent for a period of at least 2 weeks from the city in which his/her Health Club is located, such Buyer’s membership will be extended for a like period upon application prior to such absence, or, in the case of illness or emergency absence, within 2 weeks thereafter. Buyer may be required to furnish a statement from his/her physician regarding such illness. Extension of a membership may be granted to Buyer for temporary relocation or disability by contacting Fitness Center Cancellation Department, P.O. Box 5907, Toledo, OH 43613-0999. Seller may require and verify proof satisfactory to Seller of the illness or absence.

DURATION OF MEMBERSHIP: This membership may not have a duration of more than three years, excluding any renewal periods, not paid or accrued as of the date hereof and may not have an indefinite duration nor be measured by the life of Buyer. Service under the Contract shall begin no later than 180 days from the date this Contract is entered into.

TRANSFER OF MEMBERSHIP: Unless prohibited by law, in the event Seller ceases operation at the health club location identified on the front of the Contract, Seller reserves the right to transfer Buyer’s membership privileges to another facility located within a reasonable distance of the closed facility or within such distance as otherwise provided by law.

LIMITATION OF SELLER’S LIABILITY: BUYER REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT THE BUYER IS IN GOOD PHYSICAL CONDITION AND ABLE TO UTILIZE SELLER’S EQUIPMENT AND FACILITIES AND PERFORM THE EXERCISES RECOMMENDED BY SELLER. IN CONSIDERATION FOR THE MEMBERSHIP GRANTED HEREBY, BUYER RELEASES SELLER AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND SHAREHOLDERS FROM ANY AND ALL LIABILITY, CLAIMS, AND CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, FOR PERSONAL INJURIES TO THE BUYER RESULTING FROM OR IN ANY WAY RELATED TO OR CONNECTED WITH THE USE OF THE HEALTH CLUB, INCLUDING, BUT NOT LIMITED TO, USE OF ALL FITNESS AND EXERCISE EQUIPMENT.

DISABILITY OR DEATH: If during the term of this Contract, you become unable to receive benefits from Seller’s services by reason of disability, a medical consideration form completed by doctor satisfactory to the Seller may be required, or in case of death a death certificate is required, then this Contract will be terminated as of the date of onset of disability or death.

BUYER’S RELOCATION: If Buyer relocates 25 miles or more from the facility operated by Seller or from any substantially similar facility that will accept Seller’s obligation under this Contract,. This Contract will be terminated as of the date of actual relocation. You must give Seller written notice that you intend to relocate and request that the Contract be terminated. Seller may require and verify reasonable evidence of relocation.

SELLER’S RELOCATION: If Seller relocates the facility, the address of which is shown on the front of the Contract, 25 miles or more from your residence, or if Seller closes the facility, and in either case a substantially similar facility that would accept Seller’s obligation under this Contract is not located within 25 miles of your residence, this Contract shall be terminated as of the date of relocation or closing.

In the event of termination for disability, death, or Buyer’s or Seller’s relocation, the Contract shall be proportionally divided by all of the days in which the facility was made available to Buyer under this Contract. You will be liable for payments only for that portion of the Contract attributable to the period prior to termination, exclusive of any free trial period or free time. Seller will refund to you Or your representative any amount paid by you in excess of such proportional amount within 30 days after receipt of notice of death or disability, receipt and verification of reasonable evidence of Buyer’s relocation, or the date of closing or relocation of Seller’s facility.

ENTIRE CONTRACT: No oral promises, statements, warranties, or representations either express or implied are included in this Contract, or in addition or contrary to any written part or portion of this Contract. This Contract, Seller’s rules and regulations, and any addendum constitute the entire agreement between Buyer and Seller.

SIGNERS OF AGREEMENT: If there are more than once of you signing this Contract, each of you are individually responsible to fully perform all obligations under this Contract and to make all payments when due. It is your responsibility to know whether this Contract is in default or that payments have been missed. We are not responsible for notifying you of late payments or any default proceedings, except as otherwise provided in this Contract or by law. Member is responsible for providing seller with current updated bank information. Any returned check or NSF drafts will be assessed a $20 fee. Non-EFT payments may be subject to a service fee.

NO WAIVER OF RIGHTS: We do not waive our right to have future payments made when due if we accept a late or partial payment or delay the enforcement of our rights on any occasion.

TRANSFER OF THIS CONTRACT: Your membership is non-transferable. However, we have the right to transfer the Contract to anyone of our choice. If we do so, your obligation to such transferee or holder will continue in full force.

PAYMENTS PRIOR TO OPENING: Buyer shall not pay under this Contract more than the lesser of $50.00 or 10% of the total Contract price prior to the date on which the facility is available for use by Buyer.

PREPAYMENT: You may prepay all of the amount you still owe at any time. If you do, we will refund any unearned Finance Charge, computed by using the Rule of 78. after first deducting an acquisition cost of $10.00. If you prepay more than 10 days after an installment due date, we will compute your refund as of the next installment due date. No refund of less than $1.00 need be made.

APPLICATION OF PAYMENTS: We will apply all payments received first to any installment due during the period in which it is received and then to delinquent installments and charges.

DEFAULT: You are in default if we do not receive an installment payment from you within 30 days after it is due.

ACCELERATION OF PAYMENTS: If you fail to pay any installment within 30 days after it is due, we can demand immediate payment of the entire amount you owe. This includes all of the remaining monthly payments you must pay minus the part of the Finance Charge we have not earned, computed by using the Rule of 78.

INVALID PROVISION: If any part of this Contract is found to be invalid or unenforceable, the remainder of the Contract will be valid and enforceable.

DESCRIPTION OF SERVICES: The services provided under this Contract are the use of the facilities operated as a health club owned by or affiliated with Victory Fitness Centers for the term set forth herein and subject to the rules and regulations that Seller may adopt.

MEMBERSHIP CARD: Membership card must be presented to Fitness Center personnel upon entering the club. Without your membership card, you may be denied use of the health club. If membership card is lost or stolen you must purchase a new card for a fee of $10.00.

SIGNING IN: All members upon entering the health club are required to scan their membership card and sign in at the Reception Desk, entering their name and membership number and when asked MUST show proper identification before entering the health club.

GUEST PRIVILEGES: Members may bring their friends or relatives for guest visits which shall include use of all health club facilities. Members may bring as many guest as they like for any one visit; however, a particular guest may come no more than twice in one year, and no more than once in a six month period. All guests MUST be 18 years of age and show ID and be under the guidance of a health club instructor.

GUEST FEE: All guests will be required to pay the guest fee of $10.00, which is subject to change without notice (except those guest using a complimentary guest pass).

COMPLIMENTARY GUEST PASS: A complimentary guest pass will be given to any member in good standing. This pass will entitle the person of their choice one free visit. Guest passes may be obtained from any health club employee.

VIOLATIONS OF POSTED RULES AND REGULATIONS: Reasonable rules and regulations may be posted form time to time at the health club regarding health, protection or safety of members, and all Members shall be subject to strict compliance therewith. Failure by Member to so comply shall permit Seller to revoke the Membership Agreement, said revocation to be effective upon notice to Member.

ATTENTION PURCHASER: It is our experience that at various times during the year, for example from mid-January through April or May, health club attendance will vary and may increase substantially. As a result of the variations between different times of the year and possibly different times of the day, there may be an increased attendance and what you may consider ot be overcrowding compared to other times. The attendance may be different from that which you are seeing at the time this Membership Agreement is executed. Also, at peak times you may encounter times when you will have to wait for use of showers, dressing rooms and possibly lockers. Such increased attendance and the possibility of what may be overcrowding as compared to other time periods may cause possible delays in your exercising routine over that which is encountered at other times. Although these delays may, in fact, never occur, we deem it our responsibility to make you aware of this possibility so that you may make a fully informed purchasing decision when this Membership Agreement is executed.

HOURS: The hours of operation shall be posted on the premises of the health club. Hours and days of operation shall be subject to change at the sole discretion of Seller.

MEMBERSHIP OBLIGATION: Memberships cannot be transferred. The privileges to use Seller’s facilities is the Member’s alone and failure to do so will not relieve Members of the obligation to make the installment payments at the time and in the amounts set forth in this Contract.

LOCKERS: Lockers are provided on a daily basis only and Members are requested to bring their own locks, combination locks are preferred. Locks that are left on lcokers overnight will be cut off. All personal belongings MUST be placed in lockers and not left in dressing rooms.

EXERCISE CLOTHING: Proper exercise attire that will not restrict freedom of movement, tennis shoes and socks must be worn at all times (no street clothes or street shoes). Approved swimsuits must be worn in whirlpool and swimming pool. Loose fitting shorts are not permissible.

HEALTH CLUB AREA PROCEDURES: Membership will be suspended for anyone DIVING into the pool or whirlpool. Approved swimsuits MUST be worn at all times in pool; men and women with long hair MUST wear bathing cap when using the pools. Members are reuired to show before entering the pools. Showers are required of each Member after each visit to the sauna to remove perspiration from the body before using the pool. No personal grooming is allowed in or around the pools. No shaving, bathing, pedicures, etc. PLEASE BE CONSCIOUS of hygiene. Rinse off in showers, no the pool.

TRAVEL PRIVILEGES: Check with your health club for a list of reciprocal health clubs. You must comply with the AHA Rules. Use of facilities of these affiliates is available coast to coast.

WEIGHTS: Weight plates and dumbbells must be returned on the weight racks after each use. Do no lay weight plates on floor, against wall or equipment.

GROUP EXERCISE CLASSES: Classes may change without notice. Specialty classes are at an extra fee.

PROGRAMS, CONTESTS, & SERVICES MAY BE CHANGED OR CANCELLED WITHOUT NOTICE. 
NO FOUL LANGUAGE AND NO CELL PHONE USE PERMITTED.
NO SOLICITATION OR DISTRIBUTION POLICY INCLUDES EXPRESSING ONES POLITICAL OR RELIGIOUS BELIEFS.

NOTICE

HEALTH: Member warrants that he/she is in good health and that he/she had no condition which could be aggravated or worsened by usage of Seller’s facilities. Further, Members warrants that should he/she develop a health condition which could be aggravated by usage of Seller’s facilities, that he/she will immediately notify the fitness center manger in writing of such conditions.

ACCIDENTS: All exercise and use of facilities shall be undertaken by Member at Member’s sole risk. The member represents that the member carries their own accident and health insurance policy to cover any personal injuries to them personally or which they may cause to others. The member agrees to cover their own insurance claims and acknowledges that the membership cost reflects the savings of the Fitness Center due to the fact that the member provides their own insurance and not the Fitness Center.

SELLER IS NOT RESPONSIBLE FOR LOST, STOLEN OR DAMAGED PERSONAL ITEMS.

NOTICE:

ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 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 BE LIMITED TO AMOUNTS PAID BY THE DEBTOR HEREUNDER.

The printing contained in this box is not part of Buyer’s Contract.

For value received, the Seller/Creditor assigns the within contract and all our right, title and interest in it and itn its collateral to Assignee and warrant all of the following: 1) that this contract is the result of a sale of our own property or services; 2) that we have full and perfect title to and right to convey this contract free of any encumbrance, lien, or any interest of third parties, of any nature whatsoever; 3) that all services and installation work in connection with this contract will be completed according to the contract at the time this contract is sold to the Assignee; 4) that this contract accurately and correctly reflects a genuine bonafide sale and the price and terms thereof, and is valid and in compliance with any applicable installment sales law or other applicable state or federal law or administrative regulation; 5) that the good or services covered by this contract have been unconditionally accepted by the parties to the contract; 6) that at the time this contract is sold to the Assignee, the goods or services are in the possession of the obligor and are the identical goods and services described in or related to the contract; 7) that the amount due from the obligor is not disputed or subject to any set-off, deduction, credit or counterclaim; 8) that there is no undisclosed delinquency; 9) that the down payment is correctly stated in the contract; 10) that we have received cash, or its proper equivalent, for the down payment; 11) that this contract is the entire and sole contract between us and the obligor as to the sale of goods or services evidenced herein; 12) that there is no undisclosed agreement, concession or litigation or any nature affecting this contract; 13) that all the parties to this contract were competent at the time it was executed; 14) that there are no valid defenses in law or equity to this contract as it exists in the hands of the Assignee after this conveyance; and 15) that all signatures on this contract are genuine. FURTHER, if this or to any subsequent assignee, regardless of the order in which the assignments are made.

Seller/Assignor expressly warrants that Buyer has received all notices of rights as required by State or Federal Law.

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