Four Seasons Fitness License# HC-00922
The seller does not sell or offer for sale services in which the buyer purchases or becomes obligated to purchase health club services to be rendered over a period longer than three (3) months, and the seller does not require or collect more than three (3) months’ payment in advance for health club services.
Friends & Family Cancellation Policy
Most clubs either lock you into long-term contracts or make it difficult for their members to cancel their memberships. At Four Seasons Fitness, we make it easy for you to cancel your membership, but we also want to make sure that you thoroughly understand our Cancellation Policy to help avoid misunderstandings later on.
- Our Friends & Family membership requires a 90-day cancellation notice from you. Since you have already paid your last month’s dues you will only be charged two more payments after you have cancelled your membership and you can of course continue to use the facility during this time.
- Though we make it easy for you to cancel your membership, you are still obligated to make all of the payments of this agreement if you are the responsible billing person (“Primary”) regardless of how often or how little you or your Friends & Family add-ons use the club.
- Friends & Family is a great way to work out with your family and/or close friends. However, if you’re the Primary, you’re responsible for everyone’s payment. Even if you break up with your boyfriend or girlfriend, go through a divorce, or have a falling-out with your best friend, if you’re the Primary you will be responsible for all payments. The good news is you can always cancel anyone in your group with just a 90-day notice.
- We recommend that you cancel in person at the club, or if you prefer, you may send a certified letter. In addition, membership contracts entered into online may be canceled via the button provided when logged into the member account.
- A $5.00 fee is required for each member you wish to cancel—sorry, no exceptions. We charge a $5.00 fee to make sure we have a paper and/or electronic trail providing proof for every cancellation.
- If you pay your cancellation fee in cash, it will be your responsibility to obtain and keep your receipt as proof of your cancellation.
- If you cancel on the exact due date of your monthly dues you will still be charged two more payments, so make sure to cancel in advance of your due date.
- Cancelling Friends & Family add-ons may cause the Primary’s monthly dues to increase.
Assumption of Risk and Waiver of Liability
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, that may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold Four Seasons Fitness harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest, member add-ons inside the club or in the shopping center’s parking lot.
I agree to be solely responsible for the safety and well-being of my guest and myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.
I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment as posted on this website and signs throughout the club. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
I understand and acknowledge that the use of exercise equipment involves the risk of serious injury, including permanent disability and death.
I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
Notice to Customer
You are entitled to a copy of this contract at the time you sign it. You may cancel this contract at any time before midnight of the third operating day after receiving a copy of this contract. If you choose to cancel this contract, you must [either] take any one of the following actions: 1. Send a signed and dated written notice of cancellation by regular, registered, or certified mail, return receipt requested; 2. Personally deliver a signed and dated written notice of cancellation to: Four Seasons Fitness, 626 Delsea Drive North, Glassboro NJ 08028; 3. Personally place a telephone call to the health club facility location where the agreement was initially entered into; or 4. If you entered into the contract online, use either the direct link on the health club facility’s Internet website, the user settings on your smartphone or tablet, or a termination email formatted and provided by the health club facility to cancel the contract online. If you cancel this contract within the three-day period, you are entitled to a full refund of your money. If the third operating day falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified in this notice on the next operating day. Refunds must be made within 30 days of receipt of the cancellation notice to the health club. ‘Operating day’ means any calendar day on which patrons may inspect and use the health club’s facilities and services during a period of at least eight hours, except holidays and Sundays.”
A health club services contract shall provide that it is subject to cancellation by telephone or written notice online, if the contract was entered into online; sent by regular, registered, or certified mail, return receipt requested; or personally delivered, to the address of the health club specified in the contract upon the buyer’s death or permanent disability, if the permanent disability is fully described and confirmed to the health club by a physician. In a cancellation under this subsection, the health club may retain the portion of the total contract price representing the services used plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price. A health club services contract shall provide that it is subject to cancellation by telephone or written notice online, if the contract was entered into online, sent by regular, registered, or certified mail, return receipt requested; or personally delivered, to the address of the health club specified in the contract upon the buyer’s change of permanent residence to a location more than 25 miles from the health club or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer. In a cancellation under this subsection, the health club may require proof of the new permanent residence and may retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price. A health club services contract shall provide that if a health club facility is closed for a period longer than 30 days through no fault of the buyer of the health club services contract, the buyer is entitled to either extend the contract for a period equal to that during which the facility is closed or to receive a prorated refund of the amount paid by the buyer under the contract. A health club services contract shall not obligate the buyer to renew the contract. A buyer who entered into a health club services contract online shall be provided with the option to terminate the automatic renewal of the health club services contract online through a direct link or button on the health club facility’s Internet website. The link or button shall be in a prominent location on the health club facility’s Internet website and in clear and conspicuous text. If a health club facility is not in existence on the date the contract is executed, the health club services contract shall provide that a buyer of a contract may cancel the contract if the facility is not open for business on a date which shall be set forth in the contract and receive a full refund of any deposit or payment on the contract. As used in this section: “Automatic renewal” means a plan or arrangement in which a health club services contract is automatically renewed at the end of a definite term for a subsequent term. “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language.
Membership Cannot Be Transferred
Four Seasons Fitness may assign this Agreement, including Member’s payment obligation herein. Member may not sell, assign or transfer a Membership hereunder, and any other attempted sale, assignment or transfer shall be null and void.
Cancellation/Termination of Term (non-monthly) Memberships
If you purchase a trial, student or short term paid in full membership it cannot be canceled for any reason except for medical and relocation reasons as outlined below. In the event of a cancellation, member will be charged a prorated rate based on our term paid in full single monthly rate ($80/1 month).
Member shall notify Four Seasons Fitness of cancellation in writing by certified mail, return receipt requested, or by personal delivery to the address specified in this agreement. If Four Seasons Fitness is not in existence and operational on the date the agreement is executed, the Member may cancel the agreement if the Club is not open for business within 12 months from the date of this agreement and receive a full refund of any deposit or payment. In the event that you suffer any loss by reason of breach of contract or bankruptcy by the seller, please contact: Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer Protection, Regulated Business Section, PO Box 45028, Newark, NJ 07101. Telephone (973) 504-6370.
Relocation Cancellation
In the event the Member has a change of permanent residence further than 25 miles from Four Seasons Fitness, or an affiliated health club offering the same or similar services and facilities at no additional expense to the buyer, member may terminate this agreement by supplying proof of new residence and returning the membership card. In a cancellation under this subsection, Four Seasons requires proof of the new residence and may retain a prorated share of the total contract price based upon the date the notice was received plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
Medical Cancellation
This contract is subject to cancellation by notice sent by registered or certified mail, return receipt requested, or personally delivered to Four Seasons Fitness, 626 Delsea Drive North, Glassboro, NJ 08028, upon the buyers death or permanent disability, if the permanent disability is fully described and confirmed to Four Seasons Fitness by a physician. In a cancellation under this subsection, Four Seasons Fitness may retain the portion of the total sale price based upon the date the notice was received, plus reimbursement for expenses incurred in an amount not to exceed 10% of the total contract price.
All notices to Four Seasons Fitness hereunder shall be mailed (certified or registered, return receipt requested) to: Four Seasons Fitness, 626 Delsea Drive North, Glassboro, NJ 08028. If any part of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall not be affected.
I/We have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.
