The Federal Equal Credit Opportunity Act

The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of sex or marital status. The agency that administers compliance with the law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.

Membership Privileges, Notices, Disclosures & Agreements

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, 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.

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 of the indicated amount, 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. The member will be required to make payments that are due within the 30 day notice to cancel. This agreement has an indicated number of month term obligation that must be fulfilled prior to cancellation in order to avoid any early cancellation fees.

PAID IN FULL or NON-RENEWAL:

This is a non-transferable membership that will expire on the term obligation date.

FAMILY ADD ON RATE NOTICE:

I understand that I am joining at a reduced recurring rate as an Add-on to an existing ‘Master’ Member. I understand that should my Master member, (Agreement # ), become inactive during the course of my membership, my recurring dues payments are subject to increase to the current single member rate.

Member Acknowledgements:

Member affirms, acknowledges and attests that Member’s mailing address, telephone number, and e-mail address provided on the face of this agreement are accurate and were provided by Member voluntarily. Member agrees that Vive Fitness and ABC Global Services, a corporation located in Nova Scotia, including its agents and affiliates and assigns, may contact Member at any mailing address, phone 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 (or its affiliates and assigns, as applicable) for purposes of providing information about the club and events held at the club, providing information about services or products offered by the club, facilitating membership relationship and processing payments and amounts otherwise owed to the club. Some affiliates of ABC Global Services are located in the United States and as such the information you provide may be collected, used and/or stored in the United States and subject to the laws of the United States which may differ from the laws of Canada, including different access rights by United States government authorities to information.

DEFAULT AND LATE PAYMENTS:

Should you default on any payment obligation as called for in this agreement, the club will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all costs of collection, including but not limited to collection agency fees, court costs, and legal fees and disbursements. A default occurs when any payment due under this agreement is more than ten days late. A SERVICE FEE WILL BE CHARGED IMMEDIATELY FOR ANY CHECK, DRAFT, CREDIT CARD, OR ORDER RETURNED FOR INSUFFICIENT FUNDS OR ANY OTHER REASON. SHOULD ANY MONTHLY PAYMENT BECOME MORE THAN TEN DAYS PAST DUE, YOU WILL BE CHARGED A LATE FEE. If the Member is paying monthly dues by electronic funds transfer (EFT), the club’s billing company, ABC Global Services, reserves the right to draft via EFT all amounts owed by the member including any and all late fees and service fees, subject to appropriate Provincial/Territorial and Federal Law. NOTE: Members paying monthly dues by E.F.T. are subject to $10.00 per month increase of monthly dues if E.F.T. payment is stopped or changed. This will not affect any other provisions of this agreement.

Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, the club has the right to increase your monthly membership dues by the amount of such increase. If you have requested the privilege of paying your monthly dues by pre-authorized electronic funds transfer, the monthly amount so transferred will be adjusted to reflect any increase in the sales tax rate.

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 PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. THE MEMBER ACKNOWLEDGES THAT HE OR SHE IS ALSO SUBJECT TO THE GENERAL TERMS AND CONDITIONS WHICH ARE ATTACHED TO THIS TOP PAGE. THE MEMBER MAY CANCEL THIS CONTRACT BY PROVIDING WRITTEN NOTICE TO THE CLUB WITHIN THE FIRST 10 DAYS OF THE TERM OF THIS CONTRACT, OR IF THERE IS A MATERIAL CHANGE IN THE MEMBER’S CIRCUMSTANCES OR IN THE SERVICES PROVIDED BY THE CLUB.

I confirm that I am aware of and agree to the terms and conditions on both the front and the back of this document and on the preauthorization payment if i have chosen this type of payment’s method.