CLUB HEAL MEMBERSHIP AGREEMENT HEAL Transformation System, LLC, dba CLUB HEAL, ("CH") offers various membership plans with automatic recurring monthly payments (each, a "Monthly Membership"). AUTOMATIC RENEWAL TERMS Your Monthly Membership(s) will be automatically renewed each month for successive monthly periods and your credit card will be automatically charged at the beginning of each such successive monthly period at the then-current monthly fee until you cancel your Monthly Membership(s) in the manner set forth below. You hereby agree and authorize CH to process monthly charges to your credit card without further authorization from you. You also agree that each of your Monthly Memberships has a recurring payment charge at the then-current monthly fee, and you hereby accept responsibility for all such recurring charges prior to cancellation. We encourage an initial 90 day commitment for our testing has confirmed the need for 3 months of circuit sessions to facilitate a true detox and rejuvenation lifestyle and correction of any health challenges. No returns on used, unused or remaining portions of your Monthly Membership Benefits. Membership Benefits are available to use only during the month of benefits you are currently in. Benefits do not roll over, and are not accrued. You must be 18 years of age or older to purchase any Monthly Membership. You agree to pay the monthly membership fees and any other charges incurred in connection with your Monthly Membership(s), including, without limitation, any applicable taxes, at the rates in effect when the charges are incurred. You acknowledge and agree that CH reserves the right, at any time, to modify its Monthly Membership offerings, including without limitation monthly membership fees and billing methods. In addition, CH may, for any reason in its sole discretion, immediately terminate this agreement and your Monthly Membership(s). If CH terminates for its convenience and you are not in breach of this agreement, CH will refund your membership fee on a pro rata basis from the date of such termination to the end of the then-current monthly term. CANCELLATION POLICY FOR MONTHLY MEMBERSHIPS To cancel your Monthly Membership(s) at any time, you may send us an email at manager@clubheal.net requesting cancellation of your Monthly Membership(s). In such event, your Monthly Membership(s) will be cancelled at the end of your then-current monthly membership period. If you wish to avoid renewal, your cancellation request must be received (at the email address above) by no later than 4:00 p.m. Pacific Time ONE week minimum, prior to your renewal date. Your credit card will be charged on your Monthly Membership renewal date, which is the same day of each successive month after the date hereof (or if there is no such day during that month, then the last day of that month). If you cancel any Monthly Membership, you may use your membership benefits until the end of your then-current monthly membership period. FREEZING POLICY FOR MONTHLY MEMBERSHIPS We extend you the ability to place a freeze on your Monthly Membership if you are traveling or circumstances dictate that you need to put a hold on your Membership for a desired period. Monthly freezing fee is just $25 and will be charged to your account as with automatic renewal terms and cancellation policy of one week notice applies. AUTHORIZATION TO UPDATE CREDIT CARD ACCOUNT INFORMATION If the credit card provided by you to CH has expired during an attempt to renew your Monthly Membership(s), you authorize CH to revise the expiration date and proceed with billing using the same credit card account. If CH is unable to process any monthly charges to your credit card (for any reason), your membership will automatically terminate and expire at the end of the then-current monthly membership period, and you shall not receive any further membership benefits after the end of such current monthly membership period. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT CH’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE CH’S SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER CH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ARBITRATION Any dispute, controversy or claim arising out of or relating to this agreement shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis and agree that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. SIGNATURE BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT. Date: March 28, 2024 |