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Terms & Conditions

RENEWAL PROGRAM OPTIONS: MONTH TO MONTH AGREEMENT: The member agrees to make the Scheduled Payments according to the terms set forth by this agreement. This agreement may be cancelled at any time with a 30 day written notice delivered to the club’s address or by sending an email to support@infrahauswellness.com, after the first 30 days of membership is completed. The member will be required to make any Scheduled Payments that are due within the 30 day notice to cancel. Recurring payments will continue until Member cancels this Agreement and Agreement expires. TERM AGREEMENT AUTOMATIC RENEWAL PROGRAM: Provided the Member is not in default of this agreement and subject to the terms and conditions hereof,the membership will automatically renew at the rate indicated, on the indicated date. Cancellation of Renewal and\or any additional Payment Schedules set forth by this agreement, will require a 30-day written notice delivered to the club’s address or by sending an email to support@infrahauswellness.com. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees. Recurring payments will continue until Member cancels this Agreement and Agreement expires. PAID IN FULL or NON-RENEWAL: This is a non-transferable membership that will expire on the term obligation date. An Annual Membership fee of the indicated amount will be billed on the indicated date and each year thereafter. Automatic Renewal Clause: You acknowledge and agree that this agreement will automatically renew and will continue until you cancel, in accordance with the terms and fees described above. NOTICE: ANY HOLDER OF THIS AGREEMENT 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 PRO-CEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EX-CEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. You agree to the terms of this agreement, and you acknowledge that you have re-viewed all terms, including the payment amounts and details. Further, you under-stand that cancellation of the agreement to stop charges may be submitted through the methods identified in the agreement.

 

CANCELLATION POLICIES:
The contract may be cancelled by the customer within 3 business days after the first business day after the contract is signed by the customer, and that all monies paid pursuant to said contract shall be refunded to the customer. For the purposes of this Section, business day shall mean any day on which the facility is open for business.
PRESALE CLUBS ONLY: A customer purchasing a plan at a facility which has not yet opened for business at the time the contract is signed, or who does not purchase a contract at an existing facility, shall have seven calendar days in which to cancel the contract and receive a full refund of all monies paid. In the event that the facili-ties and services contracted for are not available within 12 months from the date the contract is entered into, or within 3 months of 03.01.2026, whichever is earlier, the contract may be cancelled at the option of the customer, and all payments refunded within 30 days of receipt by the center of the cancellation notice.
The customer’s rights to cancel described herein are in addition to any other contract rights or remedies provided by law.
In the event of the relocation of a customer’s residence to farther than 25 miles from the center’s facilities, and upon the failure of the original center to designate a center, with comparable facilities and services within 25 miles of the customer’s new residence, which agrees to accept the original center’s obligations under the contract, the customer may cancel the contract and shall be liable for only that portion of the charges allocable to the time before reasonable evidence of such relocation is presented to the center, plus a reasonable fee if so provided in the contract, but such fee shall not exceed 10% of the unused balance, or $50.00,whichever is less.
If the customer, because of death or disability, is unable to use or receive all services contracted for, the customer, or his estate as the case may be, shall be liable for only that portion of the charges allocable to the time prior to death or the onset of disability. The center shall in such event have the right to require and verify reasonable evidence of such death or disability.
Notice of cancellation shall be made in writing and delivered by certified or regis-tered mail to the center at the address specified in the contract, online at the cen-ter’s website that the contract was entered into, if the contract was entered into online, or by the email address provided in the contract, if an email address was provided. All refunds to which a customer or his estate is entitled shall be made within 30 days of receipt by the center of the cancellation notice.
NOTICE OF STATUTORY REQUIREMENTS (§ 815 ILCS 645):
Every contract for physical fitness services shall set forth the customer’s total pay-ment obligation for services to be received pursuant to the contract.
No contract for basic physical fitness services shall require payment of a total amount in excess of $2,500 per year, and every such contract must so provide in writing;except that this limit shall not apply to any contract for: (1) family or couple member-ships, or (2) group memberships, where the purchaser is a corporation or other busi-ness entity or any social, fraternal or charitable organization not created for the pur-pose of encouraging this contractual arrangement. No contract for family or couple memberships for basic physical fitness services shall require payment in excess of$2,500 per year per person covered under the membership.
No contract for physical fitness services shall require payments or financing over a period in excess of 3 years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the customer. The initial term of services to be rendered under the contract may not extend over a period of more than 2 years from the date the parties enter into the contract; provided that the cus-tomer may be given an option to renew the contract for consecutive periods of not more than one year each for a reasonable consideration not less than 10% of the cash price of the original membership.
No contract for physical fitness services shall require or entail the execution of any note by the customer which, when separately negotiated, will cut off as to third par-ties any right of action or defense which the customer may have against the physical fitness center. No right of action or defense arising out of a contract for physical fit-ness services which the customer has against the center shall be cut off by assign-ment of the contract whether or not the assignee acquires the contract in good faith and for value. Such an assignee is not a holder in due course.
All contracts for basic physical fitness services which may be in effect between the same center and the same customer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Act. No physical fitness center may sell, induce, or permit any purchaser of basic physical fitness services to be-come obligated directly or contingently under more than one contract for services at he same time for purposes of avoiding the provisions of this Act.
Any waiver by the customer of the provisions of this Act shall be void and unenforce-able.
Any contract for physical fitness services which does not comply with the applicable provisions of this Act shall be void and unenforceable.
If any court finds, as a matter of law, that a contract or any provision thereof was un-conscionable when made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable provision, or limit the applica-tion of any unconscionable provision to avoid an unconscionable result.
Unfair or deceptive acts and practices are prohibited, including but not limited to: use of coercive sales tactics; misrepresentation of the quality, benefits or nature of servic-es; misrepresentation of the qualifications or numbers of personnel, or the present or maximum number of customers who may contract to use the facilities of the center;or misrepresentation of the skills or abilities of any customer or potential customer.
Any contract for physical fitness services entered into in reliance upon any false,fraudulent, or misleading information, representation, notice, or advertisement of the physical fitness center or any of its employees or agents shall be void and unenforce-able.
TERMS AND CONDITIONS
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 MEMBER’s own athletic equipment and clothes. The MEMBER will be subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare,tanning beds, and martial arts classes.
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 member-ship card.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the club, that MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEM-BER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the club with rea-sonable assurance of future compliance. During the period of any such suspension,the MEMBER shall not be entitled to a credit for any prepayment 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 regulations gov-erning the facility, the MEMBER’s membership may be terminated by the club.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the club and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the club that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equip-ment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.
6. MEMBER agrees that he/she shall not engage in any type of commercial or busi-ness activity while using the facilities. MEMBER shall not act as a trainer for any other MEMBERS or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER engages in such commercial or business activi-ties MEMBER’s membership shall be subject to immediate cancellation.
7. MEMBER agrees that MEMBER shall abide by the club dress code at all times while in the facility, including a workout towel.
8. MEMBER agrees that MEMBER shall not use loud or profane language upon the club premises nor shall 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 cancellation.
9. MEMBER understands that the club prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on 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.
10. MEMBER agrees that if MEMBER fails to use the club facilities that shall not release
the MEMBER from the obligation to make all payments required by the terms of
this Membership Agreement.
11. Should this Agreement be placed in the hands of an attorney for the violation of any
provision contained herein, the parties agree the prevailing party shall be entitled
to recover all costs and expenses resulting there from, 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 this Agreement and shall supercede
any prior understandings, arrangements, commitments, or undertakings of the
parties, whether written or oral, express, or implied.
13. This Agreement may not be amended or modified except by an instrument in writ-
ing executed by the parties hereto.

 

Biometric Technologies. The terms “biometric identifier” and “biometric information”as used in this paragraph are intended to have the same definitions as provided in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. InfraHaus and its third-party billing service provider(s) (collectively, the “Company”) utilize biometric identifiers and biometric information, including fingerprint scans, member or facial recognition, or other biometric identifiers and biometric information. The Company may collect, store, receive, obtain, and/or use biometric identifiers and biometric infor-mation only for the specific purposes of tracking group fitness class popularity, class participation, and club and/or class attendance or access. The Company will retain your 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 InfraHaus ceases the use of biometric identifiers or biometric infor-mation as described in this paragraph), or within three (3) years of your last interaction with InfraHaus, whichever occurs first. The Company uses 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 InfraHaus uses to collect and capture the biometric identifiers provides encrypted information based on the biometric identifier to service providers,but the biometric identifier itself (such as a fingerprint or a facial scan) is not transmit-ted to service providers, nor is the biometric identifier capable of being obtained or recreated based on the encrypted information transmitted from InfraHaus to service providers. The Company only has access to encrypted biometric information as re-quired to fulfill the specific purposes identified above in this paragraph. The Company 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 the Company 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 stand-ing. You can choose to opt out of the Company’s use of these biometric identifiers,biometric information, and related technologies in connection with this Agreement by contacting InfraHaus in writing at 300 Village Green Dr, Ste 130, Lincolnshire, IL 60069 or support@infrahauswellness.com or by seeing a team member at the front desk.
Contact. Member affirms, acknowledges and attests that Member’s mailing address,telephone number, cellular telephone number and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Sub-ject to applicable law, Member agrees that InfraHaus and its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, 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 that 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 club location and state of your club 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 time 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 or-der to perform its obligations or exercise its rights under this Membership Agreement,including without limitations, its third-party payment processor, which is currently ABC Fitness Solutions, LLC.
MEMBER UNDERSTANDS AND AGREES 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 InfraHaus and/or its third-party billing service provider(s) (collectively, the “Company”), 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 the Company, may provide Member. Member’s consent to receive the Documents electronically shall continue until expressly withdrawn by Member. Notwithstanding, Member may request a pa-per copy of all electronic Documents by contacting the Company, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of the Company. 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 the Company, and to promptly notify the Company, 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 the Company. 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 sup-ported 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 Docu-ments. 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 electroni-cally, then the Company, 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 the Company.
FOR ALL BILLING INQUIRIES, PLEASE CALL OUR BILLING SERVICE PRO-VIDER, ABC FITNESS SOLUTIONS, AT: 1-888-827-9262 www.abcfitness.com
ABC Fitness Solutions is not an owner, operator, affiliate, or subsidiary of the club.

REQUEST FOR PREAUTHORIZED PAYMENT
I/We hereby request the privilege of paying to the club (the “Club”) and/or the Club’s billing service provider, currently ABC Fitness Solutions, LLC (the “Service Provider”),and further authorize the Club and Service Provider 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 of:
Subject to the following conditions:
) By signing below, You authorize the Club and Service Provider to charge your credit card, debit card, or debit your bank account provided 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, other fees, taxes, purchases, personal training, group exercise, childcare fees, incidental charges, and any other charges you are liable for or you incur. You agree that debits to your card or bank account shall be made on a recurring basis on the fixed dates or intervals 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 card or bank debit, 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.
) If you have provided a check as payment, you authorize the Club and Service Provider to use the data on the check to process your payments electronically or to process the payment as a check transaction. When the Club and/or Service Provider uses information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as today’s date.
) 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.
) By executing this authorization, 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.
If this preauthorization payment arrangement is revoked for any reason, this does not release You from Your obligation under Your Membership Agreement.
) You authorize the Club, including its agents, affiliates, and vendors (including the Service Provider) (collectively the Club’s “Agents”), to store the account or card information provided by You on or in relation to this Authorization and/or Your Membership Agreement, as well as any other account or card information provided by You through any means to the Club or its Agents (including information provided in person, online or over the phone) for purposes of the future billing provided herein, in the Membership Agreement, and to process payments owed in relation to all subsequent agreements entered between you and the Club. If Your Membership 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(s).
You agree to promptly notify the Club and/or its Agents if your payment information 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. If you revoke your authorization, you understand that you are still liable for all amounts you owe under the Membership Agreement.
This preauthorization payment arrangement shall apply to the Applicant(s) listed: