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Silo Fit Membership Agreement

DEFINED TERMS

“Club Owner” refers to Silo Fit LLC, a limited-liability company organized and existing under the laws of the State of Texas doing business as “Silo Fit”. In certain provisions herein, “Club Owner” shall also be referred to as “the Club” or “Club.”

“Club Location” refers to the club located at 2742 FM 775, La Vernia, Texas 78121.

“Member” and refers to the person(s) whose name(s), appears on the online membership form.

“The primary member” refers to the Member named above whose financial institution is billed. The primary member may approve this agreement on behalf of any children aged 13 to 17.

“Active Member” refers to the member who will have access and privileges to the Silo Fit facility. Active Members aged 13 to 15 must be accompanied by an adult aged 18 or older and may participate in fitness activities that align with an active membership. Active Members aged 16 and older can participate in all fitness activities without adult supervision. In certain provisions herein, “Active Member” shall also be referred to as “Purchaser”.

“Membership Management Company” refers to ABC Fitness Solutions, LLC, whose address is 8320 Highway 107, Sherwood, Arkansas 72120. In certain provisions herein, “Membership Management Company” shall also be referred to as “the Company”.

MEMBERSHIP PAYMENT TERMS

This agreement is a legally binding obligation for which Member is financially responsible for the  entire account. Member agrees that all payments shall be automatically charged or drafted and authorizes ABC Fitness Solutions, LLC, Silo Fit’s duly appointed membership management service  provider, to automatically charge the periodic membership payments set forth in the membership plan out of the account designated in the online membership application. Additional payment terms and restrictions shall be controlled by the ABC Fitness Solutions, LLC Authorization Terms that are included in the online membership application, which is wholly incorporated herein by reference. Member agrees that if Member fails to pay when a payment is due that Member will be required to pay the entire unpaid balance for the remainder of the membership term, including any gym enhancement fees that would occur during said term, immediately. If collection or legal services are needed to collect the unpaid amount, Member shall be responsible for all costs of collection, including attorney’s fees of Club Owner. All claims, terms and conditions for this agreement are associated with this Club Location.

PREAUTHORIZED PAYMENT

By submitting the online membership application, Member authorizes the Company to draw items (checks, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees, on the account listed in the online membership application, subject to the following conditions:

    1. The items outlined in this Membership Agreement (monthly dues, annual fees, enrollment fees, etc.) shall be drawn on or about the date or dates set forth in this Agreement. By signing below, Member authorizes the Company to draft via EFT said amounts from the account or card identified in the online membership application. The transactions on Member’s bank, debit, or credit card statement shall constitute receipts for payment on Member’s account.
    2. One-Time Transfers: When Member provides a check as payment, Member authorizes the Company either to use information from said check to make a one-time EFT from the account or to process the payment as a check transaction. When the Company uses information from Member’s check to make an electronic fund transfer, funds may be withdrawn from the account as soon as today’s date.
    3. If the regular payments set forth in this Agreement should vary in amount, Member is entitled to notice at least 10 days before each payment of when it will be made and how much it wi11 be. However, by executing this preauthorization, Member chooses to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment made.
    4. By executing this Agreement, Member acknowledges awareness that certain disclosures required by the Electronic Funds Transfer Act and its regulations are available to review at the Company’s website: www.abcfitness.com under Terms of Service.
    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 Member from the obligations under the Membership Agreement.
    7. If any payment is not paid upon presentation to Member’s 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, Member authorizes Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by Member on or in relation to this Agreement and/or the Membership Agreement (“Club Agreement”), as well as any other account or card information provided by Member 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 (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 this 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 Member 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 Member’s Club Agreement. If Member’s 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 this Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying Member of such changes will be sent to the e-mail address provided by Member on the face of Member’s Club Agreement or, if an email is not provided, notice wi11 be sent to the mailing address provided on Member’s Club Agreement.
    9. This preauthorization payment arrangement shall apply to the Member.

MEMBERSHIP ACTIVATION FEE

Member understands that there is a one-time Activation Fee that will be charged along with the initial membership payment at the time the online membership application is submitted. If this membership is cancelled for any reason, and Member chooses to join again, Member understands that the Activation Fee will be charged for the new membership.

GYM ENHANCEMENT FEES

Member understand that membership includes a $15 gym enhancement fee to be charged twice annually. Member understands that if my membership is terminated for any reason prior to the payment of all gym enhancement fees that would be due during that membership term, Member agrees to pay all remaining gym enhancement fees that would be due during the membership term.

ASSUMPTION OF RISK OF INJURY

By accepting this agreement Member assumes all risks of injury and waives all rights to pursue money damages or any other relief of any kind as a result of anything occurring at Club Location or any other “Silo Fit” location. In the event Member is injured while on a “Silo Fit” property or during a “Silo Fit” -sponsored event, Member will hold harmless Club Owner and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including claims for contribution. This waiver of liability applies to Member’s family members, successors, heirs and assigns.

WAIVER REGARDING FACILITY/ACKNOWLEDGEMENT OF POTENTIAL LIABILITY

Member understand and agree that the Club Location and all “Silo Fit” locations are unsupervised fitness centers and no employee is on site to help use the equipment or exercise in the manner that we choose to exercise. Member acknowledge there is possible danger connected with any physical activity and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Club Owner and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution, arising out of or in any way related to my use of the facility and its equipment, including showers. Moreover, Member acknowledge that Member am liable for all damage that Member cause to the equipment or physical infrastructure of the facility and will reimburse “Silo Fit” via the payment method used to pay my monthly dues. Member understand and agree that shower facilities may be made available at the club. For any members aged 13 to 15, access to showers is allowed only under the supervision of a parent or guardian aged 18 or older.

TERMINATION
Club Owner may terminate or suspend Member’s access immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, the breach of the terms and conditions of this Agreement. Club Owner specifically reserves the right to terminate Member’s access if Member allows any unauthorized third party to access the Club Location using Member’s access or account. Upon termination, Member’s right to use the Services will cease immediately. If Club Owner terminates Member’s membership for a violation of any of the terms of this Agreement, Member specifically agrees to pay the entire unpaid balance for the remainder of the membership term, including any gym enhancement fees that would occur during said term, immediately.

MEMBER ACCESS

Member is entitled to use the facilities during posted hours and in accordance with the rules and policies of the facility.

UNAVAILABILITY CLAUSE
If any of the services or facilities described in this agreement become unavailable or are no longer fully operational, Member acknowledge that Member am liable for only that portion that was available for the public to use while this agreement is in effect. If funds have already been paid, Member will be entitled to a pro rata refund for the time period that the facility is unavailable but for which funds had already been paid. The refund may be in the form of credit or check; no cash refunds shall be provided.

DEATH/DISABILITY CLAUSE

If the primary member dies or become totally or permanently disabled, that member or his or her estate may cancel this agreement and receive a pro rata refund for my unused membership fee.

CANCELLATION AND REFUND NOTICE

NOTICE TO PURCHASER: DO NOT SIGN THIS CONTRACT UNTIL YOU READ IT OR IF IT CONTAINS BLANK SPACES.

IF YOU DECIDE YOU DO NOT WISH TO REMAIN A MEMBER OF THIS HEALTH SPA, YOU MAY CANCEL THIS CONTRACT BY MAILING TO THE HEALTH SPA BY MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY YOU SIGN THIS CONTRACT A NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:

SILO FIT LLC
2742 FM 775
LA VERNIA, TEXAS 78121

IF THE HEALTH SPA GOES OUT OF BUSINESS AND DOES NOT PROVIDE FACILITIES WITHIN 10 MILES OF THE FACILITY IN WHICH YOU ARE ENROLLED OR IF THE HEALTH SPA MOVES MORE THAN 10 MILES FROM THE FACILITY IN WHICH YOU ARE ENROLLED, YOU MAY:

(A) CANCEL THIS CONTRACT BY MAILING BY CERTIFIED MAIL A WRITTEN NOTICE STATING YOUR DESIRE TO CANCEL THIS CONTRACT, ACCOMPANIED BY PROOF OF PAYMENT ON THE CONTRACT TO THE HEALTH SPA AT THE FOLLOWING ADDRESS:

SILO FIT LLC
2742 FM 775
LA VERNIA, TEXAS 78121; AND

(B) FILE A CLAIM FOR A REFUND OF YOUR UNUSED MEMBERSHIP FEES AGAINST THE BOND OR OTHER SECURITY POSTED BY HE HEALTH SPA WITH THE TEXAS SECRETARY OF STATE. TO MAKE A CLAIM AGAINST THE SECURITY PROVIDE A COPY OF YOUR CONTRACT TOGETHER WITH PROOF OF PAYMENTS MADE ON THE CONTRACT TO THE TEXAS SECRETARY OF STATE. THE REQUIRED CLAIM INFORMATION MUST BE RECEIVED BY THE SECRETARY OF STATE NOT LATER THAN THE 90TH DAY AFTER THE DATE NOTICE OF THE CLOSURE OR RELOCATION IS FIRST POSTED ON THE SECRETARY OF STATE’S INTERNET WEBSITE.

IF YOU DIE OR BECOME TOTALLY AND PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT TAKES EFFECT, YOU OR YOUR ESTATE MAY CANCEL THIS CONTRACT AND RECEIVE A PARTIAL REFUND OF YOUR UNUSED MEMBERSHIP FEE BY MAILING A NOTICE TO THE HEALTH SPA STATING YOUR DESIRE TO CANCEL THIS CONTRACT. THE HEALTH SPA MAY REQUIRE PROOF OF DISABILITY OR DEATH. THE WRITTEN NOTICE MUST BE MAILED BY CERTIFIED MAIL TO THE FOLLOWING ADDRESS:

SILO FIT LLC
2742 FM 775
LA VERNIA, TEXAS 78121

Member may cancel by delivering or mailing written notice to the Club at the address above before midnight of the third business day atter which Member completed this Agreement. The notice must say I do not wish to be bound by this agreement. The Club will return, within 7 days of receiving the cancellation, any payments made. Unless Member cancels the membership as set forth above, it automatically renews according to the terms of the membership plan. Member is obligated to pay monthly dues regardless of whether I use the Club until 7 days after the Club has received written notice of the cancellation request. Member must give notice at least 30 days prior to the automatic renewal of the membership to terminate the membership prior to its renewal, otherwise member will incur an additional month’s charge. No cash refunds will be given.

CHANGES TO TERMS AND CONDITIONS

Club Owner reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Club Owner will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Club Owner’s sole discretion. By continuing to access or use Club’s Service after those revisions become effective. Member agrees to be bound by the revised terms. If Member does not agree to the new terms, in whole or in part, Member must stop using the website and the Services immediately and provide Club Owner with written notice of the refusal to accept the revised terms.

BIOMETRIC TECHNOLOGIES

Silo Fit and ABC Fitness Solutions, LLC may utilize biometric identifiers and biometric information, including fingerprint scans, member or facial recognition, or other biometric identifiers and biometric information. Silo Fit and ABC Fitness Solutions, LLC collect, store, receive, obtain. and/or use biometric identifiers and biometric information only for the specific purposes of tracking group fitness class popularity, class participation, and club and/or class attendance or access. Silo Fit and ABC Fitness Solutions, LLC will retain Member’s biometric identifiers and information until such time when the initial purpose for collecting or obtaining such biometric identifiers or biometric information has been satisfied (such as if Silo Fit ceases the use of biometric identifiers or biometric information as described in this paragraph). or within three (3) years of your last interaction with Silo Fit, whichever occurs first. Silo Fit and ABC Fitness Solutions, LLC use appropriate information security safeguards designed to protect biometric identifiers and biometric information when it is being collected, stored, and transmitted. These safeguards include firewalls, physical and digital security measures, encryption, identity and access restrictions, authentication and authorization controls, system and event logging, and file backup. The technology that Silo Fit uses to collect and capture the biometric identifiers provides encrypted information based on the biometric  identifier to ABC Fitness Solutions., LLC, but the biometric identifier itself (such as a fingerprint or a facial scan) is not transmitted to ABC Fitness Solutions, LLC, nor is the biometric identifier capable of being obtained or recreated based on the encrypted information transmitted from Silo Fit to ABC Fitness Solutions, LLC. Silo Fit and ABC Fitness Solutions, LLC only have access to encrypted biometric information as required to fulfill the specific purposes identified above in this paragraph. Silo Fit and ABC Fitness Solutions, LLC will not disclose or disseminate any biometric identifier or biometric information to any third party, unless it obtains your written consent to such disclosure or dissemination or as required or authorized by law. By providing your contact information and signing this Agreement, you give your prior express written consent to Silo Fit and ABC Fitness Solutions, LLC to the use of these biometric identifiers, biometric information, and related technologies, as described in this paragraph. Your consent to the use of these biometric identifiers, biometric information, and related technologies is not a condition of purchasing any goods and services, nor is it a condition to maintain this Agreement in good standing. You can choose to opt out of Silo- Fit’s and ABC Fitness Solutions. LL C’s use of these biometric identifiers, biometric information. and related technologies in connection with this Agreement by contacting Silo Fit in writing at Silo Fit, 427 Bluebonnet Rd, La Vernia, Texas 78121 or [email protected] or by seeing a team member at the front desk of the Club Location.

CONTACT
Member affirms, acknowledges and attests that Member’s mailing address. telephone number, cellular telephone number and e-mail address provided in the membership application are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Silo Fit and ABC Fitness Solutions. LLC, including its agents, affiliates, and vendors, not limited to its debt collection agencies or attorneys, 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 Silo Fit and/or ABC Fitness Solutions, LLC, including via SMS and automated dialing system and/or prerecorded voice messages. You further acknowledge that you are not required to provide this consent, directly or indirectly, as a condition of purchasing any goods or services and  hat all contact information provided by you above is accurate. If you reply STOP to opt out of text alerts, the opt out will apply to text alerts only.

ARBITRATION

Member agrees that any dispute, controversy, or = claim arising out of or relating in any way to the Membership Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be the city of your dub location and state of your dub location law shall apply. In the event of a claim arising out of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable lime after the claim has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, inducting without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC.

MEMBER UNDERSTANDSANDAGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

E-SIGN CONSENT

Certain laws and regulations may require Silo Fit and/or ABC Fitness Solutions, LLC, 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 Silo Fit and/or ABC Fitness Solutions, LLC. 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 Silo Fit and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Sito Fit and/or ABC Fitness Solutions, LLC. 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 Silo Fit and/or ABC Fitness Solutions, LLC, and to promptly notify Silo Fit and/or ABC Fitness Solutions, LLC, 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 Sito Fit and/or ABC Fitness Solutions, LLC. 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 Silo Fit and/or ABC Fitness Solutions, LLC, 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 Silo fit and/or ABC Fitness Solutions, LLC.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Texas.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written, express or implied. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties. The parties acknowledge that they have not relied on any statement, promise, or representation not expressly set forth in this Agreement.