REQUEST FOR PREAUTHORIZED PAYMENT

I/We hereby request the privilege of paying to ABC Global Services (the “Company”) or its affiliates or assigns as directed by the Company, and further authorize the Company (or its affiliates or assigns, as applicable) to debit the following account (including, without limitation, the use of cheques, electronic fund transfers, charge card) for the purpose of paying said payments, including any late fees or service fees: I/We am a/an Individual(s), Group of Individuals, Business (Corporation or Partnership)

Subject to the following conditions:

The items shall be drawn on a monthly basis, pursuant to the Payment Schedule.
If the regular payments set forth on the Payment Schedule should vary in amount, I am entitled to notice at least 10 days before each payment of when it will be made and how much it will be. However, by executing this preauthorization, I choose to instead get this notice only when the payment would differ by more than $50.00 from the most recent payment. I also agree to waive the 10 calendar day pre-notification requirement of any change in the amount of a PAD including any changes to the amount of the PAD due to changes in the applicable tax rate, top-up or other adjustment.
The privilege of making payments under this arrangement may be revoked by the Company if any item is not paid upon presentation.
If this preauthorization payment arrangement is revoked for any reason, this does not release me from my obligation (Payment Schedule).
A service fee will be assessed and drafted for any cheque, draft, credit card, or order returned for insufficient funds or any other reason. A late fee will be assessed and drafted should any monthly payment become past due.
I may revoke my authorization in writing at any time, subject to providing notice of 30 days prior to such revocation. I may obtain a sample cancellation form, or more information on my right to cancel this PAD Agreement, by visiting www.cdnpay.ca. The Company may be contacted by telephone at 1-888-827-9262, and in writing by mail at P.O Box 6800, Sherwood, Arkansas, United States of America, 72124, by facsimile at: 501-992-0801, or by email at customercare@abcfitness.com.
I have certain recourse rights if any debit does not comply with this agreement. For example, I have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on my recourse rights, I may contact my financial institution or visit www.cdnpay.ca.
This Agreement (including this pre-authorization consent) and any or all of its rights and obligations may be assigned by the Company at any time in its sole and absolute discretion.
By executing this Agreement, You authorize Club and Club’s agents, including its third party payment processing companies (“Club’s Agents”), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club membership, as well as any other account or card information provided by You 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 and/or Your Club membership (hereinafter, “Payment Information”). Club and/or Club’s Agents will use the stored Payment Information to process payment of all dues, fees, 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. The 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 You and Club. The transaction amounts and/or how they will be calculated are more specifically set forth in the Payment Schedule and other terms of this Agreement. If this Agreement will automatically renew at the end of the Term, 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 you of such changes will be sent to the e-mail address provided on the face of this Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided.
This preauthorization payment arrangement shall apply to the following Applicant(s):

exercise while attending the Club’s facilities, which could cause injury to the Member. The Member hereby states that he/she is and will be voluntarily participating in these activities and the Member hereby assumes all risks of injury which might result from these activities. The Member hereby waives and releases any and all claims that he/she now has or may have against the Club, its employees or agents for injury sustained by the Member as a result of these physical exercises and activities.

The Member hereby acknowledges that he/she has carefully read this waiver and release and fully understands that it is a release of liability of the Club and agrees that such a waiver and release is reasonable and proper based on the nature of the Club’s business.
The Member hereby waives and releases the Club from any claims that he/she may have against the Club with respect to any loss benefit of personal property in respect of facilities operated by the Club.
The Member hereby warrants and represents that he/she is in good physical condition and that he or she has no liability, impairment preventing him/her from engaging in active or passive exercise that will be detrimental or injurious to his/her health, safety, comfort and physical condition or that of other(s). The Member hereby represents that he/she will not use any Club facilities or services while having any open cuts, abrasions, open sores, infections or illnesses.
The management of the Club’s facilities or services shall have the right to make a final binding determination in this regard.

Schedule A Terms and Conditions

Your Rights under the Consumer Protection Act, 2002. You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for canceling during this 10-day period. To cancel this agreement, you must give notice of cancellation to the Club, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use an address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). O.Reg. 1705, s.28 (3)
After the first ten (10) days The Member can cancel his/her membership agreement at any time by giving at least thirty (30) but no more than 90 days’ notice in person or by emailing your Vive Fitness original location. Any past due payments, outstanding balances and NSF fees will be collected before the cancellation can be processed.
For our monthly payment membership, member agrees to pay first and last monthly dues
The Club reserves the right to renew, not renew or terminate this membership agreement during or after membership obligation.
I acknowledge that if I am under the age of 18 I have obtained my parent or legal guardians consent to join the Club and to obey all the Club rules, terms and conditions as set out in this agreement.
The Club may assign all of its rights, interest and obligations pursuant to this Agreement to any person without the consent of the Member. The Member shall not assign or transfer any of his/her rights or obligations pursuant to this agreement.
This agreement constitutes the entire Agreement between the parties pertaining to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written of the parties and there are no warranties, representations or other agreements between the parties in connection with its subject matter executed in writing by all of the parties.
This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario and shall be treated in all respects as an Ontario agreement.
This Agreement shall ensure to the benefit of and by binding upon each party and its heirs, executors, administrators and permitted successors and assigns.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provisions and everything else in the Agreement shall continue in full force and effect.
This Agreement represents the complete understanding between the Member and the Club. No representations written or oral, other than those contained with this agreement are authorized by, or binding upon the Club.
If for any reason, an item (the item being any form of payment) is not received within 10 (ten) days of the agreement date, or if any “item” is late by 10 (ten) days or if any “item” is returned for reasons of stop payment, account closed, N.S.F. (non-sufficient funds) or any other reason, the Member/Buyer will be considered in default of the agreement and the full amount of the agreement becomes immediately due. If for any reason the Member/Buyer defaults on his/her agreement payment obligations, the Member/Buyer hereby authorizes the Club or its assignee to collect the outstanding monies, plus service charges and interest in any method available to them. In any default situation, the Member/Buyer completely understands and authorizes that he/she will be billed through the drawing of electronic, magnetic, or paper debits of the Member’s/Buyer’s bank account(s).
If applicable the Member agrees to pay for all initiation payments, maintenance fees and all other payments applicable to this membership agreement. In doing initiation and/or maintenance fee payments through pre-authorized payments (P.A.P.) the member acknowledges all points set out in schedule A, section 14 of Term and Conditions.
In allowing pre-authorized payments, the Member acknowledges the following:
1. All amounts payable to the Club drawn on or directed to you by a chartered bank on behalf of the Club.
2. Your treatment of each debit shall be the same as if the undersigned has personally directed you to pay as indicated and to charge the amount specified to the account of the undersigned.
3. Any delivery of this authorization to you constitutes delivery by the undersigned.
The Member acknowledges that Vive Fitness is not responsible for any of his/her personal property that is damaged, lost or stolen while in or around Vive Fitness. The member also understands and agrees that he/she is liable for all damage he/she causes to the equipment or physical infrastructure of the Club facility and will reimburse Vive Fitness for any damage he/she caused.
Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its members. Member hereby consents to being photographed and/or recorded for such purposes and acknowledges and agrees that such recordings may be used by Vive Fitness to ensure compliance with this Agreement and may be shared by Vive Fitness with legal authorities in the event of any crime taking place in or around the Facility.

Club Rules

The club agrees to make available to the Member certain facilities as presented and the Member agrees to pay the Club the amounts shown and to use services and facilities pursuant to the following terms and conditions.
The Member agrees to keep and obey all rules and regulations now in force or in the future prescribed by the Club.
The Club agrees at all times during the terms of this Agreement to maintain facilities, which are substantially similar, with respect to quality and provision of services, to the facilities presently operated by the Club. The Member agrees to the transfer of his/her rights and obligations pursuant to this Agreement, to such other facilities as described in this paragraph, in the event that Club ceases to operate the facilities at the set address on the front.
The Member agrees while using any facility or service of the Club, he/she will not conduct himself/herself in any way that will present a danger to or creates a nuisance for the management or staff, or any other persons using the facilities or services of the Club. The Club reserves the right to terminate this membership with no refund of dues if management has determined a danger and/or nuisance has been presented. As well, all unpaid membership dues will become immediately due.
Members shall conduct themselves in a well-mannered fashion so as to not interfere with the use and enjoyment of the Facility by any other member. Profanity or and/or indecent behavior will not be tolerated. Any conduct deemed by Vive Fitness to be offensive, dangerous or abusive will not be tolerated, and shall be grounds for termination of Member’s membership by Vive Fitness.
Members are responsible to understand how to operate the panic alarms and agree to use them only in the case of an emergency.
Alcohol, drugs, smoking and any other illegal substances are prohibited within the Facility. Member also agrees not to engage in any activity at Vive Fitness while under the influence of any substance that may impair Member’s ability to operate the fitness equipment.
Dress Code: Proper fitness attire and only non-marking running shoes are allowed.
All equipment shall be wiped down by Member after each use with the supplies provided by Vive Fitness.
No permanent locks may be kept on daily lockers. The lock must be taken off of the locker after each workout. Management reserves the right to cut off locks that are not removed in accordance with this policy. Management is not responsible for lost or stolen items from the locker.
The Club reserves the right to amend or add to these Club Rules and to adopt new rules, as it may seem necessary from time to time.
The Club is operating schedules for its various facilities and services may be changed by the Club management from time to time.
The Member may invite Guests to join him/her for use of the facilities and services indicated herein.
Subject to the use of free Guest passes, the following rules shall apply:
1. Guest must be at least 18 years of age; Guests under 18 require a parental consent.
2. A member can invite the same Guest for one [1] day pass no more than once every six [6] months.
3. All Guests must accept and agree to comply with all rules and regulations of the Club.
4. A Guest must at all times be accompanied by the sponsoring Member. Sponsoring Member is responsible and personally liable for the conduct of the Guest.
5. Each Guest must sign a form of release provided by the Club releasing the Club from all liability and claims before using any of the facilities.
6. The privileges extended to a Guest may be withdrawn at the absolute discretion of the Club.
The member may only put this membership on hold (freeze):
1. After the agreement obligation has been met.
2. If the membership is in good standing.
3. Hold time application may only be granted twice in one year provided that is no less than one [1] month time does not exceed three [3] months or one time for eight months.
4. An administrative fee will be charged for every month a freeze is required.
I understand that Vive Fitness equipment, like all exercise equipment, can pose risks if used improperly. I acknowledge that I am responsible for understanding and adhering to the proper usage guidelines for each piece of equipment before use. I hereby release Vive Fitness, its owners, employees, and affiliates from any and all liability for injuries, damages, or losses I may sustain as a result of my misuse, negligence, or failure to properly understand the operation of Vive Fitness equipment. I further agree to be held responsible for any damage I cause to Vive Fitness equipment due to improper use and will be liable for the cost of repairs or replacement. I am using the equipment at my own risk, with full awareness of the potential consequences of misuse.
Missed Fitness Consultation and/or equipment orientations appointment will be subject to a charge of $25.00.
The unused Group personal training sessions will not roll over to the next month.
All Group personal training sessions must be booked a month in a advance according to package. 24 HOUR MEMBER AGREEMENT I understand and agree that this is an unsupervised fitness center. Member acknowledges that no employee will be on site to provide assistance in using the equipment. In recognition of the possible danger connected with any physical activity, member hereby knowingly and voluntarily waives any right of cause of action now or hereafter of any kind whatsoever arising from which any liability which may or could accrue to the Club, and its affiliates. Member will reimburse via their pay method for any damages he/she may cause to the equipment and/or to the physical infrastructure of the facility. UNLAWFUL ENTRY By signing this agreement you hereby acknowledge that any unlawful entry permitted into Vive Fitness by yourself to members or non-members of our facility will hereby constitute Trespassing and thus you will be held legally liable for any negligence or injury caused or sustained by any or all trespassers. You also hereby agree and acknowledge that should you permit any Trespassers into our facility you will be subject to an automatic Two Hundred (200) Dollars Guest fee per person and thus activating the Reservation of Rights cause in the aforementioned section. MEMBERSHIP CARDS AND ACCESS We will issue you an Access Card which will entitle you to enter the premises of Vive Fitness. Member agrees not to allow any other person(s) to use Member Card and you will not allow anyone to enter the Club along with you. If anyone else uses your Access Card we may revoke your membership immediately without refund. ASSUMPTION OF RISK OF INJURY Vive Fitness will not monitor the surveillance cameras on a regular basis. As such, member acknowledges that after the staffed hours there will be no one assists the member in the event of an emergency and that Vive Fitness has no obligation to provide assistance. Member understands that by signing this agreement, he/she assumes all risks of injury and waives all rights to pursue personal damages of any kind when entering Vive Fitness property. Member shall hold harmless Vive Fitness, employees and agents of all liability claims, including claims for contributions. This waiver of liability shall apply to their heirs and assigns.

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. Subject to applicable law, Member agrees that Vive Fitness and ABC Global Services, 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 Vive Fitness and/or ABC Global Services, 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.

E-SIGN Consent

Certain laws and regulations may require Vive Fitness and/or ABC Global Services, 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 Vive Fitness and/or ABC Global Services, 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 Vive Fitness and/or ABC Global Services, and requesting a paper copy. Member may withdraw its consent at any time by notifying the customer service department of Vive Fitness and/or ABC Global Services. 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 Vive Fitness and/or ABC Global Services, and to promptly notify Vive Fitness and/or ABC Global Services, 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 Vive Fitness and/or ABC Global Services. 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 Vive Fitness and/or ABC Global Services, 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 Vive Fitness and/or ABC Global Services.