Terms

Terms Of Service

AB FITNESS AND RIDE by AB FITNESS MEMBERSHIP PRIVILEGES AND POLICIES

1. You understand that, except as herein provided, you personally guarantee to make payments through the duration of your contract(s) with AB Fitness and/or RIDE by AB Fitness (hereinafter referred to as “AB”). You agree to pay all costs of collection, including but not limited to collection agency fees of up to 50% of the unpaid balance, court costs, disbursements and attorneys fees which may be paid or incurred by AB. There are absolutely no refunds/reimbursements for prepaid membership dues.

2. DEFAULT AND LATE PAYMENTS: 

Should you default on any of your payment obligation as called for in this agreement, AB will have the right to declare the entire remaining balance due and payable and you agree to pay all costs of collection, including but not limited to collection agency fees, court costs, disbursements and attorneys fees which may be paid or incurred by the facility. There is absolutely no refunds/reimbursements for prepaid membership dues. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service fee will be assessed for any check, draft, credit card, or order returned for insufficient funds or any other reason.

3. Each membership includes use of AB facilities during normal business hours. If not paid upfront at the initial contract signing, monthly membership fees will be automatically charged to the provided credit card on the same day of each month as the initial contract signing, for the length of the agreed upon contract. Contracts will automatically renew unless canceled by the member.

4. AB reserves the right to film on and around AB facilities at any time, and use your likeness for AB promotional purposes only. Filming may happen at any time, and you are aware that you may not be notified before said filming.

5. At anytime during the continuance of this agreement, AB shall have the right to sell, assign, transfer, and set over this agreement with all its right, title, and interest therein, to any person, firm, or corporation, or other business entity, without the member’s consent and the assignee thereof shall acquire all the rights granted to AB and shall be subject to any obligations that AB may have under this agreement. Member shall not assign this agreement in whole or in part.

6. Members requesting a freeze on a monthly dues payment due to a medical injury not deemed to be a “disability” as herein provided, must submit a written doctor’s notice. A membership freeze will become effective 30 days after notification. There are absolutely no retroactive refunds on monthly dues for medical injuries. Medical freeze may not be greater than 30 days without an updated written doctor’s note. If you are disabled for greater than 30 days, you must submit a new doctor’s note confirming the disability and the need to extend the membership freeze. Members shall continually provide a doctor’s note confirming the disability every 30 days.

7. Upon entering AB, all members are required to check in at our front desk before using any AB facilities.

8. Management reserves the right to remove any articles left in a cubby area overnight and shall not be liable for cubby contents. Members are urged to avoid bringing valuables into the facility. The facility, its agents or employees, and principals shall not be liable for the loss, theft or damage to the personal property of members and guests and you agree to hold the facility, its agents, employees and principals harmless from any and all liability, claims, lawsuits or damages associated with the loss, theft or damage to your personal property or that of a guest.

9. AB urges all members to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, you hereby knowingly and voluntarily waive any right of cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to the facility, its agents, employees, and principals. You hereby warrant and represent that you have no disability, impairment or ailment preventing you from engaging in any form of exercise or activity that will be detrimental to your health or safety.

10. You agree to follow facility rules as promulgated from time to time. Violation of these rules may result in suspension or cancellation of membership, with no refund. You understand that outside trainers are not permitted without the approval of AB.

11. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not effect the validity of any other clause or provision, which shall remain in full force and effect. The contract shall be governed by the laws of the state of New Jersey. The Superior Court of the State of New Jersey (Bergen County) shall have jurisdiction over any dispute which arises under this agreement, and you submit and hereby consent to such court’s exercise of jurisdiction. In any successful action by the facility to enforce this contract, the facility shall be entitled to recover its attorney’s fees and expenses incurred in such action.

12. Proper attire is required; no jeans, work boots, or non rubber soled shoes.

13. RIGHTS TO CANCELLATION: You may also cancel this contract for any of the following reasons:

A. If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months.

B. If you die, your estate shall be relieved of any further obligation for payment under the contract not then due and owing.

C. If you move your residence more than twenty-five miles from one of AB’s locations.

D. If the services cease to be offered as stated in the contract.

E. All moneys paid pursuant to such contract canceled for the reasons contained in this subdivision shall be refunded within fifteen days of receipt of such notice of cancellation; provided however that the seller may retain the expenses incurred and the portion of the total price representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. No partial month payments shall be given. In no instance shall the seller demand more than the full contract price from the buyer.

WAIVER AND RELEASE OF LIABILITY

In consideration of you and any and all of your guests and participating family members being permitted by AB to engage, use and/or participate in Subject Activities on AB Premises: You understand and agree that you are voluntarily participating in Subject Activities and assuming any and all risks that may result from participating in Subject Activities or use of supplements including but not limited to death, serious bodily injury, permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively “Injury”). This Waiver and Release of Liability includes, without limitation, all injuries which may occur as a result of: (a) participation in any Subject Activity; (b) equipment or amenity malfunction; (c) negligent use of equipment or amenities by you, another AB member or trainer; (d) our instruction, training, supervision, or dietary recommendations; and (e) your slipping and/or falling on AB Premises. You warrant that you are in good health, qualified, and in proper physical condition to engage in the Subject Activities. You acknowledge and agree that your participation in Subject Activities and use any AB amenity on or off AB Premises, including without limitation at any sponsored AB event, is entirely at your own risk. You should consult a physician prior to participating in the Subject Activities and/or undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in the Subject Activities and using the Facility Premises. Any recommendations for changes in diet, use of food supplements, weight reduction and/or body building enhancement products, are entirely your responsibility. You assume all risks of Injury. AB is not responsible for any property damage or loss of personal property on the Facility Premises. You understand and agree that AB has not made any effort or taken any action, and shall not be required to make any effort or take any action, to protect you from any and all risks of Injury described in this Waiver and Release of Liability. You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Release and Waiver of Liability shall remain in full force and effect and the offending provision or provisions severed herefrom.

YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE AB, ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, REPRESENTATIVES, SHAREHOLDERS AND/OR AFFILIATES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF AB, ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by signing it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability’s legal consequences as a full release of liability for Injury, loss of property and/or property damage. You sign this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by AB and/or any person or entity on its behalf. You intend that your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of New Jersey.