THIS IS A CONTRACT THAT AFFECTS THE RELATIONSHIP BETWEEN YOU AND NUTRITION JOURNEY, LLC – PLEASE READ IT CAREFULLY
By applying for membership to Nutrition Journey L.L.C. 1801 Century Park E #2400 Los Angeles CA 90067 I represent and warrant that I am 18 years of age or older and all facts and information set forth above and/or in the Membership Application dated (the Application) are true, correct and complete. The Application is incorporated by reference and made a part of this Contract for payment.
the Applicant has selected the Monthly Payment option, and does hereby authorize payment to Nutrition Journey, LLC as follows:
- Initial payment will be processed upon submission of this Contract (“Initiation Fee”);
- After the initial payment as set forth above, your account will be automatically debited the agreed upon amount each month.
Applicant agrees to provide Nutrition Journey, LLC all necessary information for processing the monthly charges. Applicant agree to a membership minimum term of two (2) months and acknowledge that the automatic withdrawals (payments) will continue on a month-to-month basis thereafter unless Applicant’s membership is terminated as permitted in this Contract or Applicant converts to different payment option with the consent of Nutrition Journey, LLC pursuant to a new written contract.
Subject to change, withdrawals (payments) will be made on or about the same day of the month as your contract start date.
All memberships require a minimum of two months (2) from the date of the Start Date (or if none is specified, then the date of this Contract) and will continue thereafter on a month-to-month basis until terminated as permitted hereunder. The term of this Contract may be extended as follows:
- If Nutrition Journey, LLC temporarily suspends services for thirty (30) days or less, the term shall be extended for the number of days equal to the number of days that the services are suspended (excluding holidays and any other days the facility is normally closed), at no additional cost to Applicant.
- Applicant may extend the term of this Contract, at no additional cost, due to disability for the number of days equal to the days comprising the duration of Applicant’s disability for any disability that precludes Applicant from using one-third (1/3) or more of the membership services for a period of less than six (6) months and that disability is verified by a licensed physician. Applicant must give timely notice to Nutrition Journey, LLC of the request to extend under this subsection.
Either party may cancel this Contract without penalty in accordance with the following:
- Any time prior to Applicant’s receipt of a fully executed copy of this Contract.
- Within three (3) business days after signing this Contract and receiving a fully completed copy of this Contract.
- Any time after the initial two-month period with 30 days written notice.
- The buyer shall notify the health club of cancellation in writing, by certified mail, return receipt requested. All money to be refunded upon cancellation of this Contract shall be paid within forty (40) days of receipt of the notice of cancellation. If Applicant has executed a credit, lien, or automatic funds transfer agreement with Nutrition Journey, LLC, any negotiable instrument or credit or lien agreement executed by Applicant shall also be returned and any automatic transfer shall be canceled within forty (40) days after the cancellation.
FEE GUARANTEE. Membership fees may be modified from time-to-time by Nutrition Journey, LLC. However, no membership fee change will apply to Applicant during the initial two-month term of this Contract (but will be effective for any renewal periods).
DEFAULT/REMEDIES. Any monthly payment which is received more than ten (10) days after the due date shall be subject to a late charge of the greater of ten percent (10%) of the amount due or $20.00, for the added administrative costs. Any payment that remains unpaid for thirty (30) days shall entitle Nutrition Journey, LLC to terminate the membership, to suspend some or all membership privileges, and/or to take other actions permitted by law or in equity. Closing of account, insufficient funds or any other action which prevents the automatic charge for Applicant’s monthly dues, if applicable, will be a material breach of this Contract. The prevailing party in any legal action under this Contract, whether arbitration or litigation, shall be entitled to a reasonable award of attorney’s fees and costs.
- Applicant acknowledges and agrees that the Initiation Fee represents a reasonable charge for the time and effort of Nutrition Journey, LLC in initiating my membership.
- Applicant acknowledges that he/she understands that this Contract is a legally binding and enforceable contract and that I have agreed to maintain my membership for the period of time specified.
- This Contract sets forth the entire agreement between Applicant and Nutrition Journey, LLC regarding Applicant’s membership and any and all prior discussions, agreements, understandings or correspondence are hereby made null and void.
- This Contract may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by Applicant and Nutrition Journey, LLC.
- If any term or provision of this Contract is found to be invalid, illegal or unenforceable, in whole or in part, the rest and remainder of this Contract shall remain in full force and effect to the fullest extent permitted by law.
The parties hereby agree to all terms of this Contract, intending to be legally bound hereby, and each has received a complete executed copy of this Contract.