Empire Gym Privacy Policy
At Empire Gym, we are committed to protecting your privacy and ensuring the security of your personal information. This privacy policy outlines how we collect, use, and safeguard the information you provide to us, especially in the context of allowing us to send text messages to you.
1. Information We Collect
Personal Information: When you sign up for our text messaging service, we may collect personal information such as your name, phone number, and any other information you provide voluntarily.
Usage Information: We may also collect information about how you use our text messaging service, including details such as the frequency of messages received and interactions with the messages.
2. How We Use Your Information
Communications: We use the information collected to send you relevant updates, reminders, promotions, and other communications related to Empire Gym via text messages.
Service Improvement: Your usage information helps us improve our text messaging service, ensuring that we deliver a seamless and relevant experience to our users.
3. Consent
Opt-In: By providing your phone number and opting in to receive text messages from Empire Gym, you consent to the collection, use, and processing of your personal information in accordance with this privacy policy.
Opt-Out: You have the right to opt out of receiving text messages from us at any time. Simply follow the instructions provided in the text messages or contact us directly to update your preferences.
4. Data Security
Protection Measures: We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.
5. Third-Party Disclosure
Limited Sharing: We do not sell or trade your personal information to third parties for marketing or other purposes without your explicit consent.
6. Changes to Privacy Policy
Updates: We may update this privacy policy from time to time to reflect changes in our practices or legal requirements. Any updates will be posted on our website, and we encourage you to review the policy periodically.
7. Contact Us
If you have any questions, concerns, or requests regarding your privacy or this privacy policy, please contact us at info@empiregymsavannah.com
By continuing to use our text messaging service, you acknowledge that you have read and understood this privacy policy and agree to its terms and conditions.
TERMS AND CONDITIONS
1. Member, by executing this Agreement, does hereby join the CLUB and such Membership entitles the Member to use the facilities. The Member
is entitled to use the facility only and Member shall be required to provide Member’s own athletic equipment and clothes. The Member will be
subject to additional charges for and including, but not limited to, the use of towels, tennis courts, childcare, tanning beds, and martial arts classes.
2. Member must present upon entering the club his/her Membership card. Member agrees that Member may be denied access to the club without
his/her Membership card.
3. Member agrees that at all times when Member is using the facilities of the club, that Member will strictly comply with all the terms and conditions
of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. Member
agrees that it is Member’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the
facility.
4. If Member violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, the club may suspend
the Member’s right to use the facility until such time as the Member provides the club with reasonable assurance of future compliance. During
the period of any such suspension, the Member shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant
to this Membership Agreement. In the event Member continues to violate the terms of this Agreement or the rules and regulations governing
the facility, the Member’s Membership may be terminated by the club.
5. Member agrees and understands that there are risks associated with the use of the facilities and Member further agrees and understands
that Member is assuming the risks associated with the use of the facilities and all equipment contained therein including the risk of injury and
death. For and in consideration of the use of the facilities, Member agrees to release, discharge, and waive any Claim against the club and its
owners, agents, employees and representatives from any and all damages, injuries or death resulting from the Member’s use of the facilities
including but not limited to the exercise and associated equipment and athletic facilities, participation in fitness programs and exercise classes.
The Member represents that he/she is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that
would prevent Member from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury.
Member represents to the club that Member either has the permission and approval of his physician to participate in the athletic activities,
programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the Member hereby assumes the
risk of injury and death, which may result from such activities.
6. Member agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. Member shall not act as
a trainer for any other Members or guests and any acts which constitute such business activities are strictly forbidden. If Member engages in
such commercial or business activities Member’s Membership shall be subject to immediate cancellation.
7. Member agrees that Member shall abide by the club dress code at all times while in the facility, including a workout towel.
8. Member agrees that Member shall not use loud or profane language upon the club premises nor shall Member molest, badger, assault or
harass other CLUB Members, guests or employees. If Member engages in such behavior, Member’s Membership shall be subject to immediate
cancellation.
9. Member understands that the club prohibits the use of any drugs or steroids and Member agrees not to use any drugs or steroids on the
CLUB premises. Member acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to
physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health
problems. Member recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading,
or exchange of steroids and no such activity is allowed upon CLUB premises.
10. Member agrees that if Member fails to use the club facilities that shall not release the Member from the obligation to make all payments required
by the terms of this Membership Agreement.
11. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing
party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement
and shall supercede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express,
or implied.
13. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
14. If the member cancels this agreement before they have fulfilled the original obligation, the member is responsible for half of the remaining value
of the obligation and a cancellation fee of $25.
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.
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 Empire Gym and ABC Fitness Solutions, LLC, including its agents, affiliates, and vendors, not limited to it’s 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 Empire Gym and/or ABC Fitness Solutions, LLC. If you reply STOP to opt out of text alerts, the opt out will
apply to text alerts only.
ARBITRATION: Member agrees that any dispute, controversy, or claim arising out of or relating in any way to the Membership Agreement, including
without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Membership Agreement, shall
be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The
place of the arbitration shall be in the city of your club location and the state of your club location law shall apply. In the event of a claim arising out
of or relating in any way to the Membership Agreement, the complaining party shall notify the other party in writing thereof through a demand for
arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two years from when the
aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom
the Club contracts in order to perform its obligations or exercise its rights under this Membership Agreement, including without limitations, its third
party payment processor, which is currently ABC Fitness Solutions, LLC.
MEMBER UNDERSTANDS AND AGREES THAT THE MEMBER AND THE CLUB ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE
A JUDGE IN A PUBLIC COURT. NEITHER THE MEMBER NOR THE CLUB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR
AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A
CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
E-SIGN CONSENT: Certain laws and regulations may require Empire Gym and/or ABC Fitness Solutions, LLC 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 Empire Gym and/or ABC Fitness Solutions, LLC 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
Empire Gym and/or ABC Fitness Solutions, LLC, and requesting a paper copy. Member may withdraw its consent at any time by notifying the
customer service department of Empire Gym and/or ABC Fitness Solutions, LLC. 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 Empire Gym and/or ABC Fitness Solutions, LLC, and to promptly notify Empire Gym and/
or ABC Fitness Solutions, LLC 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 Empire Gym and/
or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that they 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 they 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 Empire Gym and/or ABC Fitness Solutions, LLC 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 Empire Gym and/or ABC Fitness Solutions, LLC.
FOR ALL BILLING INQUIRIES, PLEASE CALL ABC FITNESS SOLUTIONS AT: 1-888-827-9262 abcfitness.com
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. 31129 EAE 20230421