Please Review Our Terms

HOLDS. “Hold” means that the Membership agreement shall remain in effect, but the privilege of use and the obligation to pay are suspended for a limited period of time. The period that the agreement is suspended during the hold period will be for reasons contained in this paragraph; no other holds will be permitted. Member may place Membership on hold for an unlimited period at no charge if by a medical doctor’s written opinion that said member is physically unable to use the facilities in any capacity. Such hold is agreed to be effective only at the end of the month the doctor’s opinion is received ABF. The doctor must give ABF in writing the facets or components of exercise that member is unable to perform so ABF has the option to provide a substitute or alternative routine for member. The doctor must give ABF in writing a date that the member may resume exercising. ABF will recommence billing at that time. Military may place their membership on hold for an unlimited duration with a signed copy of military orders or letter from their commanding officer stating a departure and return date. A member may for any reason place their membership on hold for up to two months during any 12 month period. A charge of $25 per month will apply at the time of requesting a membership hold. The term of the membership will increase by the duration of any hold. No initial hold may be requested nor instated prior than 30 days before hold start date. All holds require no less than a 30 day written notice for instatement.

CANCELLATIONS. You may cancel this Agreement under the following conditions:

1. You have completed your membership term, are in good standing, and give ABF a 30 day written notice to cancel.
2. If you move 25 miles or more away from ABF and are unable to transfer the contract to a comparable facility or offering, you will be relieved from the obligation of making payments for services other than those received prior to the move. You are required to show proof of move by providing a copy of a utility bill in your name from the new address. Cancellation by email, fax, word-of-mouth or any other method outside of a physical cancellation letter signed by member, with the exceptions being death or disability will not be accepted.
3. By reason and proof of death or disability, the buyer and /or his/her estate will be relieved from the obligation of making payments for services other than those prior to death or the onset of disability, and that if he or she has prepaid any sum for lessons or services, as much of that sum as is allocatable to the lessons or services he or she has not taken will promptly refunded to him or her or his or her representative. Disability means a condition that precludes the buyer from physically using the facilities, and that is verified by a qualified physician. Until you have given us written notice verified by a qualified physician, membership obligations will continue.

NOTE: On cancellation, under this and all other sections, laws or rulings current or in the future, the buyer is responsible for the pro rata share of services used. On the first day of this agreement and thereafter on each billing cycle, the entire months dues are considered to have been earned for that following month by ABF immediately at the time of payment processing. If contract is cancelled you will pay pro rata per class fees for classes used on a $25 per class basis or the month-to-month agreement rate, whichever is greater. If you cancel your membership agreement under any provision without having completed the agreed upon term, you, the buyer will be required to pay an early termination equal to the maximum allowed by law, pay your last month’s dues (per the 30 days notification provision), and will be responsible to pay for any discounts, enrollment fees, house charges, equipment, merchandise and/or service that were not charged at time of membership signing and possibly given to you as incentive to you enrolling for the membership duration you have selected. If more than half of the life of the contract has expired, you will be required to pay an early termination fee of $100, pay your last month’s dues (per the 30 days notification provision), and will be responsible to pay for any discounts, enrollment fees, house charges, equipment, merchandise or service that were not charged at time of membership signing and possibly given to you as incentive to you enrolling for the membership duration you have selected. If you prepaid for a membership term and received any discounts, equipment, merchandise and/or service that were not charged at time of membership signing and possibly given to you as incentive to you enrolling for the membership duration you have selected, you will pay for those discounts at time of cancellation by way of a reduction in the refund amount given. Cancellations will not be accepted until all past due balances and costs associated with termination are paid in full. In addition, there will be a $50 administrative processing fee added to all cancellations that did not complete the agreed upon initial contract term, including 5 day cancels.

CUSTOMER SERVICE. All questions, inquiries and other topics relating to this agreement may be addressed by way of appointment with an ABF representative. An ABF representative is available to discuss membership topics by appointment only, Monday thru Friday from 4pm – 5pm and if need be, on weekends by appointment only. There is a $5 fee for each additional copy of the signed portion of membership agreement beyond the initial free copy provided at the time of enrollment. As it is a legal document, all copies may be requested by the Member only, in person.

AGREEMENT AND NOTICES. Member / Co-Signer agrees that this is the sole agreement between the parties. No oral agreements or modifications are valid. Any change affecting this Agreement must be done in writing 30 days in advance of its effective date. All written notices must be delivered in person to ABF between the hours of 10:00am and 5:30pm Monday through Friday only. Verbal, telephonic, email and facsimile transmissions (FAXES) are not effective as written notice.
REVOCATIONS AND REFUNDS. Member agrees that ABF may revoke this Membership, in ABF’s sole discretion only by giving written notice to Member. Any unused Membership Dues in possession of ABF at the time of the effective date of revocation or cancellation will be paid to Member within 2-4 weeks of effective date of revocation. There will be no refund of any Initiation Fees. Except for revocations there will be no refunds of Membership Fees or any other fees except for where this agreement stipulates. The Initiation Fees are earned by ABF upon execution of this agreement and are non-refundable. Monthly Membership Fees are fully earned by ABF on the first day of that month, and there will be no refund of a Membership Fee for a partial month. ABF cancellation policies will apply to all membership revocations.

TRANSFER OF MEMBERSHIPS. This membership may be transferred to any pre-qualified non-member. There will be a $100.00 fee to member each time that the membership is transferred. Account must be in good standing and new member must fill out all necessary paperwork before transfer can take place.

PERSONAL PROPERTY. Member agrees that personal property shall not be left at ABF after close of business. Member hereby transfers all right, title and interest to any personal property left on the premises or in a locker at the close of business each day. Member waives any notice for ABF to sell, transfer or dispose of any such personal property. Member agrees that ABF are not responsible for any lost or stolen property.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY. Member acknowledges that he/she has no physical impairments and that the activities offered by ABF inherently involve the possibility of injury, financial loss or death. Member knowingly and voluntarily assumes the sole risk, liability and the full responsibility for such injury, financial loss or death resulting from use of ABF facilities, equipment and/or instruction, even if such injury is caused by negligence. As additional consideration for the Membership, Member does hereby for Member, Member’s heirs, executors, administrators, successors and assigns, release, acquit and forever discharge ABF, its employees, agents, contractors, trainers, principals, servants, executors, administrators, successors, insurers, insurer’s agents, and all other persons, firms, corporations, associations and partnerships, from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of services, expenses and compensation whatsoever, whether known and unknown, foreseen or unforeseen anticipated or unanticipated, which the Member may have or which may hereafter accrue on account of or in any way growing out of the use of ABF, its facilities or its courts including any injury, financial loss or death, by Member or guest.

It is further understood and agreed that all rights under Section 1542 of the Civil Code of the State of California and any similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in creditor’s favor at the time of executing the release, which if known by him must have materially affected creditor’s settlement with the debtor.

ACKNOWLEDGMENT. Member acknowledges that he/she is purchasing a membership for usage at the ABF’s facilities, not for any single program type, location, or offering. Furthermore, there is no assurance that now current group exercise classes, their times, and specific instructors will continue to be offered in the future. ABF reserves the right to use member photography/video taken in ABF in their marketing material. Any failure to pay Member’s monthly dues by its due date will terminate Member’s right to use ABF and make any Unpaid Balance, plus late fees for all future periods, to become immediately due and payable. The failure to demand a late fee on any one installment will not be a waiver of ABF’s right to collect on including attorney’s fees and collection agency fees. Failure to use the facilities of ABF does not relieve Member of Member’s /Co-Signer’s obligation to pay all installments required hereunder. This agreement may be assigned by ABF without notice to Member.

ENTIRE AGREEMENT. Member/Co-Signer declares that this agreement contains along with the page signed at time of enrollment combined constitute the entire agreement between parties and that the terms are contractual and not merely recitals. Member/Co-Signer willingly enters into this agreement. Member/Co-Signer has read and understood all of the provisions of this agreement and agrees to be bound by them. If any provision is found to be invalid or unenforceable, the remainder will remain valid and enforceable. All claims, disputes, and other matters arising out of, or relating to, this Agreement or the performance of it, including but not limited to questions as to whether a matter is governed by this arbitration clause, shall be subject to Arbitration. The Arbitration will proceed in accordance with the rules set forth by the American Arbitration Association. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California, and the Parties submit to jurisdiction and venue in the State of California, and specifically at the American Arbitration Association offices in San Diego.