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Monthly membership fees and the annual or maintenance fee are charged prospectively and on the first business day of each month along with charges for any additional services received or purchases made by Member during the previous month. Member authorizes Club or its agent(s) to make an EFT or ACH withdrawal on the first business day of the month from the bank or credit card account specified below by Member for any amount due from Member under this Agreement on that date. Member recognizes that the amount of the withdrawal may increase due to membership fee and Annual Fee increases. Member is entitled to receive written notice of all varying charges or transfers. Member understands, acknowledges and agrees that an EFT or ACH withdrawal is not a varying charge or transfer when the sum of the charge or transfer is comprised of amounts listed in this Agreement, including return fees and balances from prior months, or when the EFT or withdrawal is for a price or an amount of which Member became aware, through writing or some other notice, for such additional services received or for purchases made by Member. By signing below Member agrees to exercise its option to receive advance written notice of a varying EFT or ACH withdrawal when the total amount of the EFT or withdrawal is more than $2,500, which Member acknowledges and agrees is a reasonable amount that a member could expect to incur during any single month of membership. This authorization for automatic debit remains in full effect until Member cancels this Agreement in conformance with the Terms and Conditions. Member agrees to provide Club with any changes in the account from which payments are to be made and that the Club is authorized to extend the expiration date of any credit or debit card utilized to coincide with any update or reissuance of the current credit/debit card that secures the membership and associated services. Member acknowledges that he/she is responsible for notifying my bank of any errors that appear on my bank or credit card statement in a timely manner and that he/she shall notify the Club within 60 days of a claimed error on my bank or credit card statement.

Automatic Renewal. UPON TERMINATION OF INITIAL TERM THIS AGREEMENT WILL AUTOMATICALLY RENEW ON MONTHLY BASIS UNLESS CANCELLED.
This Agreement is for the current prorated month and one (1) calendar month from the Initial Bill Date (“Initial Term”) and may be automatically renewed at the Member’s option on a month-to-month basis. Member agrees that unless Member provides written notice to Club by the 15th of the month preceding the end date of the Initial Term as set forth above, this Agreement shall be renewed automatically upon completion of the Initial Term for successive one month periods at the rate(s) established by Club for the class of membership applicable then in effect, and the term of this Agreement shall be a monthly term. Member’s failure to use the Club’s facilities without written cancellation notice does not constitute membership cancellation and does not relieve Member of payment obligations under this Agreement.

Member agrees that after the expiration of the Initial Term the Club may increase monthly membership fees. Club shall provide Member with notice at the e-mail or street address provided by Member at least 30 days in advance of the imposition of any increase in monthly membership fees. Notice shall be deemed to be given when sent via e-mail or when mailed or placed into the U.S. Mail.

Monthly Dues Increase and Maintenance Fees At the Start of Each Year. I agree that the Club may increase the amounts and terms of payment in the Club’s sole and absolute discretion and at any time. If the Club may choose, I authorize the Club to initiate an increase of my monthly membership dues amount at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this dues increase shall apply to former members who return, rejoin or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I also acknowledge and agree that the Club, in its discretion, may charge a Maintenance Fee as part of my membership. I agree that the Club may charge a Maintenance Fee at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this maintenance fee shall apply to former members who return, rejoin, or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I agree to pay Maintenance Fees through EFT or ACH in accordance with the Payment Preauthorization provisions contained in this Agreement. The Maintenance Fee is $69 for Individual memberships or $79 for Couple or Family memberships. I agree that the Club has discretion to increase the amount of the Maintenance Fee. I understand the Club will provide notice of any Maintenance Fee increase at the e-mail or street address that I provide at least 30 days in advance of the imposition. Notice shall be deemed to be given when sent via e-mail or when mailed or placed into the U.S. Mail. If member’s join date is prior to 1/1/2024 and account status has been continuously open, the terms of member’s previous agreement, as it relates to Annual Fees and Monthly Dues Increases, remains in place.

Release. In consideration of gaining membership or being allowed to participate in programs of the Club and to use its facilities, equipment, programs and classes, supplies, staff, services, locker rooms and other facilities (collectively “Facilities”) in addition to the payment of any fee or charge, I do hereby forever (a) assume all risk of personal injury, illness, death, property loss and other damages, including the risk of contracting COVID-19 or other bacterial or viral illnesses, associated with access to and use of the Facilities, and (b) waive, release, discharge and covenant not to sue HART 353 North Clark LLC, Heitman Capital Management LLC, and its affiliates, directors, officers, agents, and employees, the Club, Fitness Formula, Ltd. and its affiliates, Fitness Formula clubs (together “FFC”) , and their respective trainers, employees, agents, administrators, owners, officers, directors, affiliates, representatives and others acting on their behalf (hereinafter “Released Parties”) from any and all claims, costs, demands, losses, liabilities or damages to my person and/or property that I might sustain while participating in, arising out of, or on account of my use of the Facilities at the Club or its affiliated Fitness Formula clubs, INCLUDING BUT NOT LIMITED TO ILLNESS, PERSONAL INJURY, DEATH, DISABILITY OR DAMAGE TO PERSON OR PROPERTY, CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR OMISSION OF THE RELEASED PARTIES OR OTHERS ACTING ON THEIR BEHALF.

Release. In consideration of gaining membership or being allowed to participate in programs of the Club and to use its facilities, equipment, programs and classes, supplies, staff, services, locker rooms and other facilities (collectively “Facilities”) in addition to the payment of any fee or charge, I do hereby forever (a) assume all risk of personal injury, illness, death, property loss and other damages, including the risk of contracting COVID-19 or other bacterial or viral illnesses, associated with access to and use of the Facilities, and (b) waive, release, discharge and covenant not to sue 111 South Wacker LLC, Jones Lang LaSalle Americas (Illinois), L.P., an Illinois limited partnership, and its affiliates, directors, officers, agents, and employees, the Club, Fitness Formula, Ltd. and its affiliates, Fitness Formula clubs (together “FFC”) , and their respective trainers, employees, agents, administrators, owners, officers, directors, affiliates, representatives and others acting on their behalf (hereinafter “Released Parties”) from any and all claims, costs, demands, losses, liabilities or damages to my person and/or property that I might sustain while participating in, arising out of, or on account of my use of the Facilities at the Club or its affiliated Fitness Formula clubs, INCLUDING BUT NOT LIMITED TO ILLNESS, PERSONAL INJURY, DEATH, DISABILITY OR DAMAGE TO PERSON OR PROPERTY, CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART, BY THE NEGLIGENT ACT OR OMISSION OF THE RELEASED PARTIES OR OTHERS ACTING ON THEIR BEHALF.

1. There have been no verbal agreements or other agreements made to alter the terms of the Membership Agreement.
2. By signing this Agreement I certify that I understand that all personal training services and other benefits provided by the Club to me shall be subject to the terms of this Agreement and the Terms and Conditions.
3. By signing this Agreement I certify that a copy of the Illinois Physical Fitness Services Act ("Act") 815 ILCS 645/1 et seq. (2013) has been made available to me at www.ffc.com/docs/ILPFA.pdf , and I agree that the terms of the Act are incorporated into this Agreement. Any prohibitions or disclosures required by the Act are made by incorporation of the Act herein. Further any other agreement between Member and Club which is subject to the Act, hereby incorporates the Act into the terms of such agreement.

1. There have been no verbal agreements or other agreements made to alter the terms of the Membership Agreement.
2. By signing this Agreement I certify that I understand that all personal training services and other benefits provided by the Club to me shall be subject to the terms of this Agreement and the Terms and Conditions.
3. By signing this Agreement I certify that a copy of the Illinois Physical Fitness Services Act ("Act") 815 ILCS 645/1 et seq. (2013) has been made available to me at www.ffc.com/docs/ILPFA.pdf , and I agree that the terms of the Act are incorporated into this Agreement. Any prohibitions or disclosures required by the Act are made by incorporation of the Act herein. Further any other agreement between Member and Club which is subject to the Act, hereby incorporates the Act into the terms of such agreement.

1. Membership. Membership is a contractual privilege to use the facilities from time to time offered by the Club to memberswithin a class of membership, during the Club’s hours of operation. The Club reserves the absolute right to initiate, change or eliminate equipment, facilities, services, and programs offered at Club and to change hours of operation of the Club, without notice to Member.
2. Classes of Membership. An Individual Membership is defined as a membership for one person, whether married or not. A Couple Membership is defined as 2 people who share a common household either through marriage or as unmarried persons, 18 years or older who are living together as each other’s sole domestic partner, and jointly share financial responsibilities. Dependent Membership is defined as a membership for one person who is the dependent 14 through 20 and living at home with an existing Club member. In the event the initial member terminates his/her membership in the Club, the Spouse/Partner, or Dependent, dues rate will revert to the full prevailing rate for that membership type.
3. Conflict of Interest. Customers may not conduct business in the facilities which competes with products and services offered by the Club. Use of non-Club personal trainers is prohibited. Members may not personal train other members.
4. Enrollment Fee. Except as otherwise provided in Paragraph No. 10 herein, the Enrollment Fee is nonrefundable. The Enrollment Fee is a fee for membership and not a prepaid sum for services; it merely entitles Members to buy services by paying dues and other applicable charges.
5. Monthly Dues Increase and Maintenance Fees At the Start of Each Year. I agree that the Club may increase the amounts and terms of payment in the Club’s sole and absolute discretion and at any time. If the Club may choose, I authorize the Club to initiate an increase of my monthly membership dues amount at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this dues increase shall apply to former members who return, rejoin or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I also acknowledge and agree that the Club, in its discretion, may charge a Maintenance Fee as part of my membership. I agree that the Club may charge a Maintenance Fee at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this maintenance fee shall apply to former members who return, rejoin, or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I agree to pay Maintenance Fees through EFT or ACH in accordance with the Payment Preauthorization provisions contained in this Agreement. The Maintenance Fee is $69 for Individual memberships or $79 for Couple or Family memberships. I agree that the Club has discretion to increase the amount of the Maintenance Fee. I understand the Club will provide notice of any Maintenance Fee increase at the e-mail or street address that I provide at least 30 days in advance of the imposition. Notice shall be deemed to be given when sent via e-mail or when mailed or placed into the U.S. Mail. If member’s join date is prior to 1/1/2024 and account status has been continuously open, the terms of member’s previous agreement, as it relates to Annual Fees and Monthly Dues Increases, remains in place.
6. Dues/Charge Privileges/Unpaid Balances. Member shall not be relieved of the obligation to make payments agreed to and no deductions from any payments shall be made because of Member’s failure to use the Clubs’ facilities. If the Club in its sole discretion extends charge privileges, Member agrees to pay all charges through EFT, ACH or by such other means as the Club may establish. Member acknowledges that he/she is responsible for notifying his/her bank of any errors that appear on his/her bank or credit card statement in a timely manner and that he/she shall notify the Club within 60 days of a claimed error on his/her bank or credit card statement. If the Club has to take action to collect any amounts due, Member agrees to pay all costs of such action. Failure to make payment of dues or other charges on account may result in suspension or termination of membership. Paid- in- full membership dues must be paid by 12:00 midnight of the expiration date or Club privileges will be suspended and a new enrollment and/or processing fee will be required. The obligation to pay dues is not dependent on the availability of all the Club’s facilities. Events, parties, repairs and/or maintenance of the facilities may make it necessary for the Club to restrict use of one or more of the facilities or to temporarily close the Club which will not reduce or suspend the Member’s obligation for payment of dues. If any check or credit/debit card draft payable to the Club is not honored, the Club will:(a) assess a return fee of $30.00 for each check or credit card rejected to reimburse the Club for the cost of collection, and (b) collect the current and past-due balance in any subsequent month.
7. Increase in Dues/Fees and Collection of Taxes. After the Initial Term, with 30 days written notice, the Club may increase the monthly membership fee and/or collect any and all taxes imposed by any governmental entity on any amounts payable by Member under this Agreement. Written notice to the Member may include, but is not limited to: direct mail to the Member, e-mail to the Member, written notice handed to the Member and notice posted in the Club in an area where it may be viewed by all Members. All such increases, including those resulting from the imposition or increase in applicable taxes, shall constitute a modification of this Agreement. If the Member does not agree to the increase, including those resulting from the position or increase in applicable taxes, Member must follow the cancellation procedures set forth in Paragraph No. 10. Member’s failure to cancel his/her membership by the 15th of the month prior to the first billing month in which the increase or tax is charged shall constitute Member’s agreement to so modify this Agreement.
8. Suspension/Termination. The Club can suspend or terminate Member’s membership at any time for any breach of this Agreement or for any other reason or, for any violation, oral or written, of the Rules and Regulations of the Club by giving Member written or oral notice of such termination. If the Club terminates Member’s membership, Member must immediately surrender membership card(s) and will remain liable for all unpaid dues, fees, taxes and other charges against Member’s account.
9. Members Health Warranty. Member represents that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naïve or abusive exercise.
10. Cancellations. All notices of cancellation by Member shall be made in writing and delivered by mail or electronic mail to the address specified in this Agreement, by the 15th of the month before the intended cancellation month. All notices and requests of cancellation must include the membership card(s). All refunds to which the Member is entitled shall be made within 30 days of the Club’s receipt on the cancellation notice. (A) Member may cancel this Agreement without any penalty within three (3) days after the first business day after this Agreement is signed by Member (or within seven calendar days after the Club initially opens for business) provided it is in writing and delivered by certified or registered mail to the address specified in this Agreement. All monies paid shall be refunded within thirty (30) days of the Club’s receipt of the cancellation notice. (B) Member has the right to cancel this Agreement if Member moves and the new residence is more than twenty five (25) miles from any health club operated by Club or its affiliated locations, and upon the failure of the Club to designate a center with comparable facilities and services within 25 miles of the new residence which agrees to accept the obligations of this Agreement, Member may cancel this Agreement. Member must submit written cancellation notice by certified or registered mail and provide satisfactory proof of new residence. If Member so cancels this Agreement, Member will be liable for only that portion of the charges allocable to the time before evidence of relocation is presented to the Club, plus a fee not to exceed 10% of the unused balance or $50, whichever is less. (C) If Member is unable to use or receive all services contracted for, because of death or disability, Member or Member’s estate shall be liable only for that portion of the charges allocable to the time prior to death or the onset of the disability. In the event of a cancellation for death or disability, the Club has the right to require and verify reasonable evidence of such death or disability. (D) To the extent not made pursuant to sub-paragraphs 10(A) through 10(C) herein, all requests by Member for cancellation of this Agreement after the Initial Term must be provided by the 15th of the month prior and must be in writing and delivered by certified or registered mail to the address specified in this Agreement.
11. Automatic Renewal After Initial Term. After the Initial Term, the Agreement may be renewed automatically on a month-to-month basis. After the Initial Term, to terminate this Agreement member must provide written notice of termination to the Club by the 15 th of the month prior the next billing month. Member’s failure to notify Club of termination by the 15th of the month prior to the next billing month will result in Member being charged for the following month. After the Initial Term, the monthly membership fee shall be in excess of 10% of the total Original Membership Cash Price set forth in the Agreement.
12. Membership Freeze Policy. The Club may allow Member to temporarily suspend its membership one (1) time in any consecutive twelve (12) month period of time, under the following terms: (A)A freeze request must be made in-person at the membership office or through registered or certified mail to the Club at least 15 days before the intended freeze date; (B) Only whole months will be approved for a minimum of one (1) month and a maximum of three (3) consecutive months; (C) Member agrees to be charged a $30.00 fee for each month his or her account is temporarily suspended, or a $60.00 fee for each month if there are two or more individuals on the membership account, payable in advance by EFT or ACH withdrawal; (D) If Member is medically unable to use the Club, Member can request a medical freeze for up to six (6) months. Member agrees to provide a doctor’s letter at the time of requesting a medical freeze; (E) Member’s account must be in good standing and Member must sign the Club freeze policy agreement.
13. Guests. Members’ guests are permitted in the Club pursuant to Club rules, regulations, fees and schedules for guests as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the Club, would be detrimental to the Club, its members or staff. All guests must be 18 years of age or older, must sign in at the front desk and present a photo ID.
14. Children's Use. All children 16 years and younger must be accompanied by their parent or guardian at all times within the Club unless in another Club-sponsored, supervised activity. Children and/or Junior members will only have access to the main club during paid programming and designated family hours.
15. Lockers. Daily lockers are provided solely for the convenience of Members while the Member is in the club. Management will remove any items left in a locker overnight and/or after Member has left the premises. Rental lockers cannot be placed on freeze.
16. Valuables and Personal Property. Members are urged not to bring valuables to the Club. The Club shall not be liable for the loss of or theft, or damage to, the personal property of Members or guests, including items left with any staff or staff stations.
17. Presentation of Valid Membership Identification. No one will be admitted to the Club without a photo on file that has been validated against a government issued ID and displaying valid proof of current membership or registering as a guest.
18. Independent Contractors. From time to time, the Club may make available to Members and guests the service of independent contractors. The Club does not warrant and does not guarantee the quality of these services and does not guarantee these services will remain available to Members and guests for any period of time, and hereby disclaim all liability out of such services.
19. Change in Membership Information. Members must promptly notify the Club in writing of any changes in their billing information (including account numbers and expiration dates), address, e-mail address, or telephone number. Failing such notice, all communications shall be presumed to have been received by the Member within five days after mailing.
20. Assignment of Agreement. This Agreement may be assigned by the Club at any time. Upon assignment all Terms and Conditions of this Agreement remain in place.
21. Severability. Any portion of this Agreement which is deemed to be unenforceable or illegal by any arbitrator or court of competent jurisdiction is to be severed from this Agreement and the remainder of the Agreement shall be enforceable.
22, MANDATORY ARBITRATION, WAIVER OF RIGHT TO CLASS ACTION. BECAUSE THIS IS A WAIVER OF CERTAIN RIGHTS, IT IS IMPORTANT THAT YOU READ THIS ENTIRE PROVISION CAREFULLY BEFORE INITIALING BELOW AND SIGNING THIS AGREEMENT.

(a) Mandatory Binding Arbitration: I understand and agree that any and all claims (legal and equitable), demands, disputes, litigation or controversies between Member and
FFC or any other Released Parties, arising under or related to this Agreement or otherwise, including but not limited to claims under the Americans with Disabilities Act, Telephone Consumer Protection Act, the Electronic Funds Transfer Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Illinois Physical Fitness Act and all other consumer fraud and protection statutes and corresponding regulations, must be resolved by arbitration in accordance with the rules of the American Arbitration Association then in existence. Such arbitration shall take place in Chicago, Illinois, and the applicable law will be the laws of the State of Illinois, without regard to all applicable conflicts of law

provisions and statutes therein. Member agrees that venue is proper in Illinois and submits to the personal jurisdiction of Illinois and agrees that the decision of the arbitrator shall be final and binding on Member and FFC. Payment of all filing, administrative and arbitrator fees will be governed by the Arbitration Rules.
(b) Class Action Waiver: I understand and agree that with respect to any claim, litigation or controversy made by Member against FFC or its related companies, either arising under the terms of this Agreement or related in any way to membership at FFC, including but not limited to claims under the Americans with Disabilities Act, the Telephone Consumer Protection Act, the Electronic Funds Transfer Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Illinois Physical Fitness Act and all other consumer fraud and protection statutes and corresponding regulations, Member acknowledges and agrees that it has no right or authority to file or arbitrate such claims as a class or collective action, private attorney general, or in a representative capacity on behalf of any individual or company.
(c) Waiver of Jury Trial: I understand that I am waiving my constitutional and statutory rights to have a trial in front of a judge or jury, electing instead to resolve all claims by binding arbitration as set forth in Paragraph 23(a) above.
(d) Confidentiality: All aspects of the arbitration proceedings, including but not limited to the award of an arbitrator and compliance with that award will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, class action waiver or to enforce an arbitration award.

23. Notices. Notice to the Club. Any Notice which Member is required to send to Club shall be sent by U.S. Mail or overnight service to the following address: 619 West Jackson, Chicago, IL 60661. Such notice shall not be deemed to have been sent until the date it is actually received by Club. Notice to Member: Unless otherwise indicated, any notice which Club is required to send to Member may be sent via e-mail to the e-mail address indicated by Member in the Membership Agreement or by overnight delivery or U.S. Mail to the street address indicated by Member for any updated address. Such notice shall be deemed to have been made when the e-mail is transmitted or the Notice is placed into the U.S. Mail or overnight carrier for delivery.
24. Consent. Member hereby consents to voluntarily engage in fitness activities. Member gives this consent understanding that there is the risk of certain changes occurring during or following fitness activities and that the reaction of the cardiovascular system to such activities cannot always be predicted with complete accuracy. Member gives this consent understanding that these changes may include abnormalities of blood pressure, heart rate, and in rare instances, cardiac complication. Member gives this consent understanding that a physician will not be present during the fitness activities.
25. Model Release. I hereby grant Fitness Formula, Ltd, d/b/a/ Fitness Formula Clubs as its brand name (FFC/the Company) for each of its locations, permission to use my likeness and/or voice in any and all of its publications and videos, including web and all other forms of digital and printed entries, without payment or any other consideration. I understand and agree that these materials will become the property of Fitness Formula, Ltd, d/b/a/ Fitness Formula Clubs (FFC/the Company) and will not be returned. I hereby irrevocably release, waive, and forever discharge any and all claims against FFC/the Company and authorize FFC/the Company to edit, copy, exhibit, publish or distribute my likeness and/or voice for purposes of publicizing FFC/the Company and/or viewing FFC/the Company’s programs. In addition, I waive the right to inspect or approve the finished product. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness and/or voice.
26. Assumption of Risk. Member understands that fitness activities involve a risk of injury and even death and that Member is voluntarily participating in these dangers involved. Member understands and is aware that strength, flexibility, and aerobic exercise, including the use of equipment and machinery, is a potentially hazardous activity that could result in adverse physical changes, including but not limited to abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke or even death. Member understands that there exists the risk of bodily injury including but not limited to injuries to muscles, ligaments, tendons and joints of the body. Member also understands that there are many other risks of injuries, including serious disabling injuries, and that it is not possible to specifically list each and every individual injury risk. Member fully understands these risks of bodily injury, disability, heart attack, stroke or even death, but knowing these risks, it is Member’s desire to participate as herein indicated and to hereby agree to expressly assume and accept all risks of injury, disability and death. Member assumes full responsibility for his/her use of the facility and shall indemnify the Club(s), the owner(s) of the Club, its affiliates, agents, and employees against any and all liability arising out of the use of the facilities.

1. Membership . Membership is a contractual privilege to use the facilities from time to time offered by the Club to members within a class of membership, during the Club’s hours of operation. The Club reserves the absolute right to initiate, change or eliminate equipment, facilities, services, and programs offered at Club and to change hours of operation of the Club, without notice to Member.
2. Classes of Membership . An Individual Membership is defined as a membership for one person, whether married or not. A Couple Membership is defined as 2 people who share a common household either through marriage or as unmarried persons, 18 years or older who are living together as each other’s sole domestic partner, and jointly share financial responsibilities. Dependent Membership is defined as a membership for one person who is the dependent 14 through 20 and living at home with an existing Club member. In the event the initial member terminates his/her membership in the Club, the Spouse/Partner, or Dependent, dues rate will revert to the full prevailing rate for that membership type.
3. Conflict of Interest . Customers may not conduct business in the facilities which competes with products and services offered by the Club. Use of non-Club personal trainers is prohibited. Members may not personal train other members.
4. Enrollment Fee . Except as otherwise provided in Paragraph No. 10 herein, the Enrollment Fee is nonrefundable. The Enrollment Fee is a fee for membership and not a prepaid sum for services; it merely entitles Members to buy services by paying dues and other applicable charges.
5. Monthly Dues Increase and Maintenance Fees At the Start of Each Year. I agree that the Club may increase the amounts and terms of payment in the Club’s sole and absolute discretion and at any time. If the Club may choose, I authorize the Club to initiate an increase of my monthly membership dues amount at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this dues increase shall apply to former members who return, rejoin or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I also acknowledge and agree that the Club, in its discretion, may charge a Maintenance Fee as part of my membership. I agree that the Club may charge a Maintenance Fee at the beginning of each calendar year, on or around January 1, regardless of my start date and regardless of the length of time I have been a member. I understand and acknowledge that this maintenance fee shall apply to former members who return, rejoin, or re-activate their accounts after a prior cancellation, after requesting a “freeze” of their accounts or after some other pause in membership. I agree to pay Maintenance Fees through EFT or ACH in accordance with the Payment Preauthorization provisions contained in this Agreement. The Maintenance Fee is $69 for Individual memberships or $79 for Couple or Family memberships. I agree that the Club has discretion to increase the amount of the Maintenance Fee. I understand the Club will provide notice of any Maintenance Fee increase at the e-mail or street address that I provide at least 30 days in advance of the imposition. Notice shall be deemed to be given when sent via e-mail or when mailed or placed into the U.S. Mail. If member’s join date is prior to 1/1/2024 and account status has been continuously open, the terms of member’s previous agreement, as it relates to Annual Fees and Monthly Dues Increases, remains in place.
6. Dues/Charge Privileges/Unpaid Balances . Member shall not be relieved of the obligation to make payments agreed to and no deductions from any payments shall be made because of Member’s failure to use the Clubs’ facilities. If the Club in its sole discretion extends charge privileges, Member agrees to pay all charges through EFT, ACH or by such other means as the Club may establish. Member acknowledges that he/she is responsible for notifying his/her bank of any errors that appear on his/her bank or credit card statement in a timely manner and that he/she shall notify the Club within 60 days of a claimed error on his/her bank or credit card statement. If the Club has to take action to collect any amounts due, Member agrees to pay all costs of such action. Failure to make payment of dues or other charges on account may result in suspension or termination of membership. Paid- in- full membership dues must be paid by 12:00 midnight of the expiration date or Club privileges will be suspended and a new enrollment and/or processing fee will be required. The obligation to pay dues is not dependent on the availability of all the Club’s facilities. Events, parties, repairs and/or maintenance of the facilities may make it necessary for the Club to restrict use of one or more of the facilities or to temporarily close the Club which will not reduce or suspend the Member’s obligation for payment of dues. If any check or credit/debit card draft payable to the Club is not honored, the Club will:(a) assess a return fee of $30.00 for each check or credit card rejected to reimburse the Club for the cost of collection, and (b) collect the current and past-due balance in any subsequent month.
7. Increase in Dues/Fees and Collection of Taxes. After the Initial Term, with 30 days written notice, the Club may increase the monthly membership fee and/or collect any and all taxes imposed by any governmental entity on any amounts payable by Member under this Agreement . Written notice to the Member may include, but is not limited to: direct mail to the Member, e-mail to the Member, written notice handed to the Member and notice posted in the Club in an are where it may be viewed by all Members. All such increases, including those resulting from the imposition or increase in applicable taxes, shall constitute modification of this Agreement. If the Member does not agree to the increase, including those resulting from the position or increase in applicable taxes, Member must follow the cancellation procedures set forth in Paragraph No. 10. Member’s failure to cancel his/her membership by the 15 th of the month prior to the first billing month in which the increase or tax is charged shall constitute Member’s agreement to so modify this Agreement.
8. Suspension/Termination. The Club can suspend or terminate Member’s membership at any time for any breach of this Agreement or for any other reason or,
for any violation, oral or written, of the Rules and Regulations of the Club by giving Member written or oral notice of such termination. If the Club terminates
Member’s membership, Member must immediately surrender membership card(s) and will remain liable for all unpaid dues, fees, taxes and other charges against
Member’s account.
9. Members Health Warranty. Member represents that Member is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of naïve or abusive exercise.
10. Cancellations. All notices of cancellation by Member shall be made in writing and delivered by mail or electronic mail to the address specified in this Agreement, by the 15th of the month before the intended cancellation month. All notices and requests of cancellation must include the membership card(s). All refunds to which the Member is entitled shall be made within 30 days of the Club’s receipt on the cancellation notice. (A) Member may cancel this Agreement without any penalty within three (3) days after the first business day after this Agreement is signed by Member (or within seven calendar days after the Club initially opens for business) provided it is in writing and delivered by certified or registered mail to the address specified in this Agreement. All monies paid shall be refunded within thirty (30) days of the Club’s receipt of the cancellation notice. (B) Member has the right to cancel this Agreement if Member moves and the new residence is more than twenty five (25) miles from any health club operated by Club or its affiliated locations, and upon the failure of the Club to designate a center with comparable facilities and services within 25 miles of the new residence which agrees to accept the obligations of this Agreement, Member may cancel this Agreement. Member must submit written cancellation notice by certified or registered mail and provide satisfactory proof of new
residence. If Member so cancels this Agreement, Member will be liable for only that portion of the charges allocable to the time before evidence of relocation is presented to the Club, plus a fee not to exceed 10% of the unused balance or $50, whichever is less. (C) If Member is unable to use or receive all services
contracted for, because of death or disability, Member or Member’s estate shall be liable only for that portion of the charges allocable to the time prior to death or the onset of the disability. In the event of a cancellation for death or disability, the Club has the right to require and verify reasonable evidence of such death or disability. (D) To the extent not made pursuant to sub-paragraphs 10(A) through 10(C) herein, all requests by Member for cancellation of this Agreement after the Initial Term must be provided by the 15 th of the month prior and must be in writing and delivered by certified or registered mail to the address specified in this Agreement.
11. Automatic Renewal After Initial Term. After the Initial Term, the Agreement may be renewed automatically on a month-to-month basis. After the Initial Term, to terminate this Agreement member must provide written notice of termination to the Club by the 15 th of the month prior the next billing month. Member’s failure to notify Club of termination by the 15 th of the month prior to the next billing month will result in Member being charged for the following month. After the Initial Term, the monthly membership fee shall be in excess of 10% of the total Original Membership Cash Price set forth in the Agreement.
12. Membership Freeze Policy. The Club may allow Member to temporarily suspend its membership one (1) time in any consecutive twelve (12) month period of time, under the following terms: (A)A freeze request must be made in-person at the membership office or through registered or certified mail to the Club at least 15 days before the intended freeze date; (B) Only whole months will be approved for a minimum of one (1) month and a maximum of three (3) consecutive months; (C) Member agrees to be charged a $30.00 fee for each month his or her account is temporarily suspended, or a $60.00 fee for each month if there are two or more individuals on the membership account, payable in advance by EFT or ACH withdrawal; (D) If Member is medically unable to use the Club, Member can request a medical freeze for up to six (6) months. Member agrees to provide a doctor’s letter at the time of requesting a medical freeze; (E) Member’s account must be in good standing and Member must sign the Club freeze policy agreement.
13. Guests. Members’ guests are permitted in the Club pursuant to Club rules, regulations, fees and schedules for guests as may then be in effect. The Club reserves the right to limit the number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility, in the sole opinion of the Club, would be detrimental to the Club, its members or staff. All guests must be 18 years of age or older, must sign in at the front desk and present a photo ID.
14. Children's Use. All children 16 years and younger must be accompanied by their parent or guardian at all times within the Club unless in another Club-sponsored, supervised activity. Children and/or Junior members will only have access to the main club during paid programming and designated family hours.
15. Lockers. Daily lockers are provided solely for the convenience of Members while the Member is in the club. Management will remove any items left in a locker overnight and/or after Member has left the premises. Rental lockers cannot be placed on freeze.
16. Valuables and Personal Property. Members are urged not to bring valuables to the Club. The Club shall not be liable for the loss of or theft, or damage to, the personal property of Members or guests, including items left with any staff or staff stations.
17. Presentation of Valid Membership Identification. No one will be admitted to the Club without a photo on file that has been validated against a government issued ID and displaying valid proof of current membership or registering as a guest.
18. Independent Contractors. From time to time the Club may make available to Members and guests the service of independent contractors. The Club does not warrant and does not guarantee the quality of these services and does not guarantee these services will remain available to Members and guests for any period of time, and hereby disclaim all liability out of such services.
19. Change in Membership Information. Members must promptly notify the Club in writing of any changes in their billing information (including account numbers and expiration dates), address, e-mail address, or telephone number. Failing such notice, all communications shall be presumed to have been received by the Member within five days after mailing.
20. Assignment of Agreement. This Agreement may be assigned by the Club at any time. Upon assignment all Terms and Conditions of this Agreement remain in place.
21. Severability. Any portion of this Agreement which is deemed to be unenforceable or illegal by any arbitrator or court of competent jurisdiction is to be severed from this Agreement and the remainder of the Agreement shall be enforceable.
22. Mandatory Arbitration, Waiver of Right to File Class Action. BECAUSE THIS IS A WAIVER OF CERTAIN RIGHTS, IT IS IMPORTANT THAT YOU
READ THIS ENTIRE PROVISION CAREFULLY BEFORE INITIALING BELOW AND SIGNING THIS AGREEMENT.
(a) I understand and agree that any and all claims (legal and equitable), demands, disputes, litigation or controversies between Member and FFC or any other Released Parties, arising under or related to this Agreement or otherwise, including but not limited to claims under the Americans with Disabilities Act, Telephone Consumer Protection Act, the Electronic Funds Transfer Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Illinois Physical Fitness Act and all other consumer fraud and protection statutes and corresponding regulations, must be resolved by arbitration in accordance with the rules of the American Arbitration Association then in existence. Such arbitration shall take place in Chicago, Illinois, and the applicable law will be the laws of the State of Illinois, without regard to all applicable conflicts of law provisions and statutes therein. Member agrees that venue is proper in Illinois and submits to the personal jurisdiction of Illinois, and agrees that the decision of the arbitrator shall be final and binding on Member and FFC.
(b) I understand and agree that with respect to any claim, litigation or controversy made by Member against FFC or its related companies, either arising under the terms of this Agreement or related in any way to membership at FFC, including but not limited to claims under the Americans with Disabilities Act, the Telephone Consumer Protection Act, the Electronic Funds Transfer Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Illinois Physical Fitness Act and all other consumer fraud and protection statutes and corresponding regulations, Member acknowledges and agrees that it has no right or authority to file or arbitrate such claims as a class or collective action, private attorney general, or in a representative capacity on behalf of any individual or company.
23. Notices. Notice to the Club. Any Notice which Member is required to send to Club shall be sent by U.S. Mail or overnight service to the following address: 111 Fitness Club, 111 S. Wacker,Chicago, IL 60606. Such notice shall not be deemed to have been sent until the date it is actually received by Club. Notice to Member: Unless otherwise indicated, any notice which Club is required to send to Member may be sent via e-mail to the e-mail address indicated by Member in the Membership Agreement or by overnight delivery or U.S. Mail to the street address indicated by Member for any updated address. Such notice shall be deemed to have been made when the e-mail is transmitted or the Notice is placed into the U.S. Mail or overnight carrier for delivery.
24. Consent. Member hereby consents to voluntarily engage in fitness activities. Member gives this consent understanding that there is the risk of certain changes occurring during or following fitness activities and that the reaction of the cardiovascular system to such activities cannot always be predicted with complete accuracy. Member gives this consent understanding that these changes may include abnormalities of blood pressure, heart rate, and in rare instances, cardiac complication. Member gives this consent understanding that a physician will not be present during the fitness activities.
25. Model Release - I hereby grant Fitness Formula, Ltd, d/b/a/ Fitness Formula Clubs as its brand name (FFC/the Company) for each of its locations, permission to use my likeness and/or voice in any and all of its publications and videos, including web and all other forms of digital and printed entries, without payment or any other consideration. I understand and agree that these materials will become the property of Fitness Formula, Ltd, d/b/a/ Fitness Formula Clubs (FFC/the Company) and will not be returned. I hereby irrevocably release, waive, and forever discharge any and all claims against FFC/the Company and authorize FFC/the Company to edit, copy, exhibit, publish or distribute my likeness and/or voice for purposes of publicizing FFC/the Company and/or viewing FFC/the Company’s programs. In addition, I waive the right to inspect or approve the finished product. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness and/or voice.
26. Assumption of Risk. Member understands that fitness activities involve a risk of injury and even death and that Member is voluntarily participating in these dangers involved. Member understands and is aware that strength, flexibility, and aerobic exercise, including the use of equipment and machinery, is a potentially hazardous activity that could result in adverse physical changes, including but not limited to abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke or even death. Member understands that there exists the risk of bodily injury including but not limited to injuries to muscles, ligaments, tendons and joints of the body. Member also understands that there are many other risks of injuries, including serious disabling injuries, and that it is not possible to specifically list each and every individual injury risk. Member fully understands these risks of bodily injury, disability, heart attack, stroke or even death, but knowing these risks, it is Member’s desire to participate as herein indicated and to hereby agree to expressly assume and accept all risks of injury, disability and death. Member assumes full responsibility for his/her use of the facility and shall indemnify the Club(s), the owner(s) of the Club, its affiliates, agents, and employees against any and all liability arising out of the use of the facilities.