Membership Terms and Conditions

  1. 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: (1) Send a signed and dated written notice of cancellation by registered or certified mail, return receipt re-quested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or (2) Personally deliver a signed and dated written notice of cancellation to the Jersey Strong location listed on the front of this Agreement. 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 a 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.
  2. This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or personally delivered, to the Jersey Strong location listed on the front of this contract, upon the Member’s death or permanent disability, if the permanent disability is fully de-scribed and confirmed to the health club by a physician. In a cancellation based on death or permanent disability, Jersey Strong shall 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.
  3. This contract is subject to cancellation at any time by written notice sent by registered or certified mail, return receipt requested to: Jersey Strong, Attn: Cancellation, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719; or personally delivered, to the Jersey Strong location listed on the front of this contract, upon the Member’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 Member. In a cancellation based on change of permanent residence to a location more than 25 miles from the club or an affiliated health club, Jersey Strong shall require proof of the new permanent residence and shall 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.
  1. You may request that your membership be “Frozen” and Jersey Strong may allow the “Freeze”. When permitted, memberships may be Frozen for a period of no less than one month. While your membership is on Freeze, you will pay a $9.99/mo+tax Freeze rate and it does not count towards active membership status. Any Freeze shall become effective on the 1st day of the monthly billing period after the Freeze request is submitted and approved.
  2. 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 attorney fees. 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 Fitness Solutions, LLC, 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 State and Federal Law. Jersey Strong reserves the right to suspend or cancel Your membership privileges and send the matter to collections and/or a collections attorney.
  3. You will receive a monthly membership dues billing discount of $3.00 per month for electing to be billed monthly through EFT out of your bank account. If you elect at any time during your membership to be billed through any method of billing other than EFT out of your bank account, this $3.00 per month billing discount will be removed.
  4. If the club facility is closed for a period longer than 30 days through no fault of the Member, the Member 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 Member under the contract. If the health club facility is not in existence on the date this contract is executed, you may cancel the contract if the facility is not open for business on the Billing Start Date and you may receive a full refund of any deposit or payment on this contract.
  5. Jersey Strong maintains a bond or other security with the director of the Division of Consumer Affairs to protect buyers of these contracts who are damaged or suffer any loss by reason of breach of contract or bankruptcy by Jersey Strong. In the event that You suffer any loss by reason of breach of contract or bankruptcy by Jersey Strong, please contact: Department of Law and Public Safety, Division of Consumer Affairs, Office of Consumer, Regulated Business Section, P.O. Box 45028, Newark, New Jersey 07101, (973) 504-6370.
  1. This contract does not obligate the Member for more than three years from the date the contract is signed by the Member. You are not obligated to renew this contract after the initial membership term, and You may cancel as set forth herein.
  2. Member’s failure to make use of the facilities or other privileges shall not relieve the Member of the financial obligations under this contract.
  3. If the Member is less than 18 years old, then the contract shall be signed by his/her adult parent or guardian as Purchaser, who shall be liable for payment of all financial and other obligations under this contract.
  4. Members shall obey all posted rules, regulations and policies regarding operation, management or use of the club facilities and programming. In the sole and absolute discretion of Jersey Strong, violation of the rules, regulations and policies may result in eviction from the premises and/or suspension and/or termination of membership privileges. Jersey Strong also may terminate this contract in its sole and absolute discretion at any time after expiration of the Initial Term by giving at least 15 days written notice in advance of your next billing date. Member shall be responsible for damages caused by his/her careless use of equipment or facilities. Please use a towel and wipe down all equipment after use; all weights must be racked when you are finished using them; weights are not to be dropped; no loud or inappropriate behavior; solicitation without the consent of Jersey Strong is prohibited.
  1. At any time during the continuance of this contract, Jersey Strong shall have the right to sell, assign, transfer, and set over this contract with all its right, title, and interest therein, to any person, firm, or corporation, or other business entity, without Your consent, and the assignee thereof shall acquire all the rights granted to Jersey Strong and shall be subject to any obligations that Jersey Strong may have under this contract. You shall not assign this contract in whole or in part without the written consent of Jersey Strong. Jersey Strong’s facilities, equipment, policies, contract terms, and services may be added, changed, subject to additional costs, rescheduled or discontinued in whole or in part from time to time, at the sole discretion of Jersey Strong, with or without notice.
  2. It is the policy of Jersey Strong that personal training and coaching may only be performed by employees of Jersey Strong and not by guests and/or members. Jersey Strong guests and Jersey Strong members may only spot for and encourage other Jersey Strong guests and Jersey Strong members while they are on Jersey Strong premises for the sole purpose of personal exercise. Jersey Strong guests and Jersey Strong members may not enter into any agreements, with or without compensation, to provide coaching and/or personal training on the premises of Jersey Strong. A violation of this policy shall result in the termination of membership.
  3. Fitness Classes have limited attendance which is permitted on a first come, first served basis. Advance registration is recommended. Fitness Class schedules, instructors and trainers may change from time to time, with or without notice, at the sole discretion of Jersey Strong.
  4. Upon entering Jersey Strong, You and Your Guests are required to check in at our front desk before using any Jersey Strong facilities, and must present valid driver’s license, membership identification number, barcode or keytag. Jersey Strong reserves the right to remove any articles left in a locker overnight and shall not be liable for locker contents. You are urged to avoid bringing valuables into the facility. Jersey Strong, its agents, representatives, employees, members, stockholders, directors, and officers (collectively as the “Jersey Strong Parties”) shall not be liable for the loss, theft or damage to Your or Your Guests’, personal property and You agree to hold the Jersey Strong Parties harmless from any and all liability, claims, lawsuits or damages associated with the loss, theft and damage to Your personal property or that of Your Guests. Members who are not wearing appropriate (proper) attire will be asked to leave. Jersey Strong prohibits jeans, work boots, non-rubber soled shoes, khaki pants and shorts, and swimming trunks. Behavior deemed inappropriate will be just cause for membership privileges termination with no refund.
  1. Jersey Strong urges all Members and Guests to obtain a physical examination from their physicians prior to the use of any exercise equipment or attendance in any exercise class. In recognition of the possible dangers connected with any physical activity, You hereby knowingly and voluntarily waive any right or cause of action of any kind whatsoever arising as the result of such activity from which any liability may occur to the Jersey Strong Parties. You hereby warrant and represent that You have no disability, impairment or ailment preventing You from engaging in any form of exercise or activity that will be detrimental to Your health or safety. You further understand that Jersey Strong may provide 24 hour access to the gym and that there will be no supervision or assistance during certain hours of operation. You understand and agree that if you are injured, become unconscious, suffer a stroke or heart attack, there will likely be no one to respond to your emergency and Jersey Strong has no duty to provide assistance to you. Jersey Strong is equipped with surveillance cameras, however you understand that it is likely that if you should require immediate assistance none will be provided. For that reason, Jersey Strong highly recommends that you have a workout partner while at the Club. You further understand that during certain hours of operation that you will gain access to Jersey Strong through an electronic controlled door system using your unique Door Access Credentials associated with your Jersey Strong membership. You understand that you are not allowed to provide anyone with access to Jersey Strong with your Door Access Credentials. This includes sharing your Door Access Credentials with others, as well as allowing others to enter Jersey Strong directly before or after you, which is called Tailgating. Both the sharing of your Door Access Credentials and Tailgating will result in a $15 guest fee charged to your membership account for each occurrence. If it becomes an ongoing issue, membership privileges may be revoked.
  1. By signing this contract, You hereby expressly consent to receive collections and other communications from or on behalf of Jersey Strong via, for example, and not limited to, telephone, mobile phone, text messaging, email, mail or any other medium as it may become available. You further expressly consent to receive autodialed and pre-recorded telemarketing calls from or on behalf of Jersey Strong at the telephone number provided in this contract, and any that You may subsequently provide, including Your mobile phone number, if applicable. You understand that consent is not a condition of purchase. This provision shall survive the termination of this contract.
  1. Member affirms, acknowledges and attests that Member’s mailing address, telephone address provided on the face of this agreement are accurate and were provided by Member voluntarily. Subject to applicable law, Member agrees that Jersey Strong 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 Jersey Strong 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.
  1. WAIVER AND RELEASE OF LIABILITY. YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE THE JERSEY STRONG PARTIES FOR ANY INJURY, INCLUDING ANY INJURY ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF JERSEY STRONG, ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT A WAIVER AND RELEASE PROVIDED BY A SINGLE JERSEY STRONG LOCATION SHALL HAVE EQUAL FORCE AND EFFECT AS A WAIVER, RELEASE AND DISCHARGE OF ANY AND ALL CLAIMS FOR INJURY, LOSS OF PROPERTY OR PROPERTY DAMAGE YOU SUSTAIN AT JERSEY STRONG, OR ANY OTHER JERSEY STRONG LOCATION IN THE STATE OF NEW JERSEY. You have read and fully understand this Waiver and Release of Liability. You understand that You have given up substantial rights by signing it, understand that this release cannot be modified orally, and You are fully aware of this Waiver and Release of Liability’s legal consequences as a full release of liability for Injury, loss of property and/or property damage. You acknowledge and agree to be bound by this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to You by JERSEY STRONG and/ or any person or entity on its behalf. You intend that Your signature operate as a complete and unconditional release of all liability to the greatest extent allowed by the law of the State of New Jersey.
  1. BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. DISPUTE: As used in this contract, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between You and Jersey Strong concerning this contract, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. INFORMAL NEGOTIATION OF DISPUTES: You and Jersey Strong agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless You and Jersey Strong otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which You or Jersey Strong mails a notice of the Dispute (“Notice of Dispute”) as specified below. You and Jersey Strong agree that neither will commence arbitration before the end of the time for informal negotiation. NOTICE OF DISPUTE: If You give a Notice of Dispute to Jersey Strong, You must send by certified mail to Jersey Strong, Attn: Notice of Dispute, 1800 Route 34, Building 4, Suite 402, Wall, NJ 07719 (a) Your name, address, and contact information, (b) the facts giving rise to the Dispute, and (c) the relief You seek. BINDING ARBITRATION: You and Jersey Strong agree that in the event the any Dispute is not resolved by informal negotiation as set forth above, any effort to resolve the Dispute will be conducted exclusively by binding arbitration. You understand and acknowledge that by agreeing to binding arbitration, You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, You understand and agree that all Disputes will be resolved before a neutral arbitrator, whose award (decision) will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. THIRD PARTY APPLICATION: This arbitration clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Jersey Strong contracts in order to perform its obligations or exercise its rights under this Membership contract, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC. CLASS ACTION WAIVER. You and Jersey Strong agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither You nor Jersey Strong will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You or Jersey Strong acts or proposes to act in a representative capacity. You and Jersey Strong further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of You, Jersey Strong, and all parties to any such arbitration or proceeding. This class action waiver clause shall also apply to any dispute, controversy, or claim between the member and any third party with whom the Jersey Strong contracts in order to perform its obligations or exercise its rights under this Membership contract, including without limitations, its third party payment processor, which is currently ABC Fitness Solutions, LLC. The above provisions shall survive termination of this contract.
  1. 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.
  1. This contract shall be governed by the laws of the State of New Jersey. The Superior Court of the State of New Jersey shall have jurisdiction over any dispute which arises under this contract, and You submit and hereby consent to such court’s exercise of jurisdiction. In any successful action by the facility to enforce this contract, Jersey Strong shall be entitled to recover its reasonable attorney’s fees and expenses incurred in such action.
  1. E-SIGN CONSENT. Certain laws and regulations may require Jersey Strong 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 Jersey Strong 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 Jersey Strong 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 Jersey Strong 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 Jersey Strong and/or ABC Fitness Solutions, LLC, and to promptly notify Jersey Strong 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 Jersey Strong and/or ABC Fitness Solutions, LLC. To access, view and receive the Documents electronically, Member agrees and acknowledges that it 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 it 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 Jersey Strong and/or ABC Fitness Solutions, LLC, will notify Member following such material modification. By accepting the terms of this contract, 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 Jersey Strong and/or ABC Fitness Solutions, LLC.