PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS (A) A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER AND (B) MONTHLY CONTINUOUS SERVICE SUBSCRIPTION TERMS AND CONDITIONS AND THE RESPECTIVE CANCELLATION  POLICIES.

By electing to make a monthly donation to Life Time Foundation (the “Monthly Donation”), you agree to be bound by these Monthly Donation Terms and Conditions (the "Donation Terms"). These Donation Terms govern your voluntary recurring donation to Life Time Foundation and incorporates by reference the General Terms Agreement and Digital Membership Terms that govern your Life Time membership (the “Membership Terms”). Capitalized terms used but not otherwise defined in these Donation Terms have the meanings set forth in the Membership Terms. If there is a conflict between these Donation Terms and the Membership Terms, these Donation Terms control with respect to your Monthly Donation. Your continuance of a Monthly Donation constitutes your acceptance of these Donation Terms, which may be amended from time to time without notice as is allowed by law.

 

1. NATURE OF THE DONATION. Your Monthly Donation is a voluntary charitable contribution separate and apart from your Life Time membership dues, fees, and any other charges. Your decision to donate, the amount of your donation, and any changes or cancellation of your donation will not affect your Life Time membership status, pricing, access, or services. 100% of your donation helps support Life Time Foundation’s programs to improve school meals. No goods or services are provided in exchange for your Monthly Donation.

2. PAYMENT-RELATED TERMS

a.     Life Time, Inc. as an Agent. Life Time, Inc. (“Life Time”) facilitates the processing of your voluntary Monthly Donation through your Preferred Payment Method (as defined below) as an agent of Life Time Foundation and will transfer the full amount of all Monthly Donations to Life Time Foundation within forty-five (45) days of collection. Life Time will not charge any fee in connection with its agency role. Unless expressly stated otherwise, your Monthly Donation is made for the benefit of Life Time Foundation, not Life Time. Life Time is not responsible for Life Time Foundation charitable programs, use of funds, tax status, or receipting, and makes no representations or warranties regarding the same. Life Time Foundation is solely responsible for compliance with charitable solicitation, registration, receipting, and reporting requirements applicable to your Monthly Donation.

b.     Payment Authorization. By enabling a Monthly Donation in your Life Time member account settings (“Account Settings”), you authorize Life Time and its payment processors to automatically and without notice charge or debit, as applicable, your Monthly Payment Method, your Club Tab Account, or such other preferred payment method that is accepted or permitted by Life Time (the “Preferred Payment Method”) for the Monthly Donation amount you select on a recurring monthly basis until you cancel. You agree that Monthly Donations are recurring charges or debits that do not vary in amount, unless otherwise modified by you, and, as a result, no further notice is required for Life Time or its payment processors to charge or debit such amounts to or from your Preferred Payment Method. Monthly Donations will be processed on or about the same calendar day each month that you initially enabled a Monthly Donation; if processing is attempted on a non-business day or a date that does not occur in a given month, processing may occur on the next business day or the closest day in that month. In order to cancel or withdraw your payment authorization for recurring payments, you agree to follow the Cancellation Policy below.

You must maintain at all times a valid, accepted payment method in your account as your Preferred Payment Method. You may voluntarily change your designated Preferred Payment Method for the Monthly Donation at any time in person at your Primary Center or online at mylifetime.life under “My Account”. You agree to update any change in your account, card, or other payment information, such as an expired or re-issued card, at least fifteen (15) days prior to the final business day before your Monthly Donation. You also authorize Life Time to obtain updated account information, when available, directly from your financial institution or through other available means. If a Monthly Donation charge is declined, Life Time may reattempt the charge and, if unsuccessful, may pause your Monthly Donation without notice until you update your Preferred Payment Method or your payment is successfully processed.

c.     Monthly Donations are Non-Refundable. You acknowledge and agree that all Monthly Donations are final once processed and non-refundable unless explicitly stated in these Donation Terms. If you believe a Monthly Donation was processed in error, please contact Life Time Foundation at infor@ltfoundation.org  promptly.

 

d.     Chargebacks and Payment Disputes. If you dispute a Monthly Donation charge with your card issuer or bank, Life Time may provide information to the issuer or bank to respond to the dispute. Life Time may, but is not obligated to, pause future donations while a dispute is pending. Repeated or excessive disputes may result in cancellation of your donation enrollment.

e.    Credit Card Surcharge. Unless otherwise prohibited by law, you understand and acknowledge that Life Time may impose and collect a surcharge each time your credit card is charged for your Monthly Donation, whether recurring or non-recurring. The current surcharge is included on the Fee Schedule, which is available on Life Time's website at https://www.lifetime.life/policy/guest-and-clubpolicy.html and may be updated and revised from time to time. Notwithstanding the foregoing, the surcharge amount shall not be greater than Life Time’s actual cost of acceptance of the credit card or any applicable maximum amount, whichever is less, or an amount as determined by specific state law provisions. You further understand that debit cards do not incur any surcharge, and that you may change a payment method from a credit card to a debit card at any time in person at a Life Time Center or online by accessing my Life Time member page at my.lifetime.life under “View Account” and selecting “Payment Options.”

f.     Transaction History. You agree to monitor and review your Monthly Payment Method, Club Tab Account, additional credit card(s) on file and other Payment Account Transactions on your financial account statements and/or on Life Time’s member website, currently found at my.lifetime.life.

3. TAX MATTERS AND ACKNOWLEDGMENTS
Monthly Donations may be tax-deductive to the extent permitted by applicable law. Life Time Foundation is a public charity described in Internal Revenue Code Section 501(c). You authorize Life Time to share your name, contact information, donation date(s), and amount(s) to Life Time Foundation for receipting and acknowledgment purposes. Donation acknowledgments may be issued by Life Time Foundation and may be provided on a per-donation or annual summary basis. If Life Time Foundation determines that any portion of your Monthly Donation is not deductive, it will reflect that in the acknowledgement to the extent required by law.

4. MODIFICATIONS AND CANCELLATIONS
You may change your Monthly Donation amount or cancel your Monthly Donation at any time through your Account Settings. Modifications or cancellations take effect within the next billing cycle; any Monthly Donations already processed will not be affected. If you increase or decrease your Monthly Donation, the new amount will be charged beginning with your next monthly billing date. If you cancel, no further Monthly Donation charges will occur after the effective date of cancellation. You will receive an email confirmation of your change or cancellation.

5. ELECTRONIC AND TELEPHONIC COMMUNICATIONS

a.        Consent to Receive Electronic Communications. You expressly consent to receiving informational, operational or other transactional communications, including any disclosure, notice, agreement, statement, term, condition, or any other information (collectively, "transactional communication") from Life Time and Life Time Foundation and each of its agents, successors, affiliates and assigns to any email address or phone number, including cellular telephone numbers, provided by you in connection with your Monthly Donation.  You further expressly consent to receiving promotional, advertising or other marketing communications, including communications regarding Life Time, Life Time Foundation, and third-party products and services (collectively, "marketing communications") from Life Time and Life Time Foundation and each of its agents, successors, affiliates and assigns to any email address provided by you.

i.        Marketing Communications. With respect to marketing communications, you may optout of such marketing communications by following the opt-out instructions contained within the applicable e-mail.  You may also opt-out at any time through Life Time's member page, my.lifetime.life, by clicking "View Account" and then selecting "Communication Preferences."  You understand that you may receive additional emails, calls and/or texts before Life Time can process your opt-out, but you will be unsubscribed within ten (10) business days.

ii.     Transactional Communications.  Even if you opt-out of certain marketing communications, you understand and agree that you will still receive transactional communications to any email address or phone number provided by you, including but not limited to communications related to contract or policy amendments or changes or other transactional issues. You expressly consent to Life Time and Life Time Foundation providing transactional communications to you electronically or by phone, including by automated dialing systems and/or prerecorded or artificial voice messages including each and every disclosure, notice, agreement, statement, term and condition, and any other information (collectively, the "Documents") that Life Time and Life Time Foundation may provide to you. Charges from your phone or network provider may apply, including message and data rates.  Your consent to receive the Documents electronically and telephonically shall continue until you expressly withdraw the consent.

b.     Withdrawal of Consent.  You may withdraw your consent by contacting Life Time at 1-888-430-6432 (or such other number as Life Time may provide in its Club Policies). You understand that withdrawing your consent may result in additional fees for receiving the Documents in a nonelectronic format, such as by U.S. mail to a physical address. Additionally, you may not receive certain Documents not legally required to be provided.

c.     Updating Contact Information. You agree to maintain a valid email address, physical address and phone number with Life Time and to promptly notify Life Time of any changes to my email address, physical address or phone number.  You understand that Life Time may rely on the validity of your contact information in providing important information and updates regarding your Monthly Donation.  If you have provided another type of electronic contact information, then you may change that contact information by contacting Life Time at 1-888-430-6432 (or such other number as Life Time may provide in its Club Policies). You may also change certain contact information by logging in to your Life Time member page by signing in at my.lifetime.life and clicking "View Account" and then selecting the applicable update under "Personal Information."  

d.     Technological Capability to Receive Documentation.  You agree and acknowledge that you have, and will continue to have, the hardware and software required to read and retain the Documents and any notices and other information that Life Time may send to you in electronic form. That may include a computer or mobile device; an internet browser that is supported by your computer or mobile device; sufficient electronic storage capacity; software that can display electronic PDF files; and an e-mail account.

 

6.     REPRESENTATIONS; ELIGIBILITY. You represent that you are the (i) Primary Member, Partner Member or Additional Member, (ii) are the authorized user of the payment method you designate for your donation and (iii) are of legal age and capacity to make the donation.

 

7.     DISPUTES. Any dispute arising out of or relating to these Donation Terms or your Monthly Donation(s) will be governed by the ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER set forth in your Member Terms.

8.     PRIVACY AND DATA SHARING. Life Time will handle personal information associated with your donation in accordance with the Life Time Privacy Policy. To facilitate receipting, compliance, and donor stewardship, you consent to Life Time sharing with Life Time Foundation your name, contact information, payment information, member information, donation amounts and dates, and any designation you select. Life Time Foundation’s handling of your information is subject to its own privacy policy. Neither Life Time nor Life Time Foundation sells your donation information, but either may disclose it as required by law or to comply with regulatory reporting and charitable solicitation laws.

9.     COMPLIANCE WITH LAWS AND CHARITABLE SOLICITATION. You acknowledge that donations may be subject to federal, state, and local laws, including charitable solicitation, registration, and reporting requirements. Donations may be unavailable in certain jurisdictions due to legal restrictions. If required by law, charitable solicitation disclosures for Life Time Foundation will be made available to you or posted on a designated webpage. Your donation is not intended for, and will not be used for, any improper purpose.

10.  NO WARRANTIES. To the fullest extent permitted by law, the donation add‑on is provided “as is” and “as available,” without warranties of any kind. Neither Life Time nor Life Time Foundation will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising out of or related to your donation or these Donation Terms.

11.  LIMITATION OF LIABILITY. In no event will Life Time or Life Time Foundation’s aggregate liability arising out of or relating to your donation exceed the total donation amounts you paid during the three (3) months preceding the event giving rise to liability. These limitations apply to the maximum extent permitted by applicable law.

12.  CHANGES TO DONATION PROGRAM OR TERMS. To the fullest extent permitted by applicable law, Life Time may modify, suspend, or otherwise alter any aspect, term, or condition of these Donation Terms at any time. Furthermore, to the fullest extent permitted by applicable law, Life Time or Life Time Foundation may discontinue the ability to donate monthly to Life Time Foundation at any time. Material changes will be communicated to you in advance when required by applicable law. If you do not agree to any of the changes, you may cancel your Monthly Donation at any time in accordance with Section 4 above. Continuance of your Monthly Donations after changes become effective constitute your acceptance of the changes.

13.  CONTACT INFORMATION. For questions about your donation, to request assistance with changes or cancellations, or to correct donation records, please contact Life Time Foundation at info@ltfoundation.org, or visit your Account Settings. Questions about tax receipts, charitable status, or Life Time Foundation’s use of funds may be directed to Life Time Foundation at  info@ltfoundation.org.

14.  SEVERABILITY; WAIVER.  If any provision of these Donation Terms is held unlawful, void, or unenforceable, that provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

15.  ASSIGNABILITY AND SUBCONTRACTING. You cannot assign these Donation Terms. These Donation Terms may be assigned by Life Time in its sole discretion and without notice to the extent permitted by law. Life Time may use any subsidiary or affiliate as a subcontractor to facilitate the processing of your Monthly Donation at Life Time's sole discretion and without notice, provided, however, Life Time will remain responsible for any subsidiary's or affiliate's provision of such processing.

 

16.   ENTIRE AGREEMENT. These Donation Terms, together with the Membership Terms, supersedes and replaces any prior oral or written agreements or other communication between the parties with respect to the subject matter of these Donation Terms. You are not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to enter into these Donation Terms.

 

 

DISCLOSURE STATEMENT

Life Time Foundation is organized and operated for charitable and educational purposes, including the promotion of healthy school meals through education and related grantmaking. CONTRIBUTIONS ARE DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES IN ACCORDANCE WITH APPLICABLE LAW. REGISTRATION IN A STATE DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION OF LIFE TIME FOUNDATION BY THE STATE. For information regarding the purpose, programs, activities, and finances, please contact Life Time Foundation at 2902 Corporate Pl, Chanhassen, MN 55317 or for residents of the states listed on the backside of this form, as stated there.

 

Charitable Disclosure Information

COLORADO: Colorado residents may obtain copies of registration and financial documents from the office of the Secretary of State, 303-894-2200, www.sos.state.co.us/ Reg. No. 20083012933.

FLORIDA: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, 1-800-435-7352 (800-HELPFLA) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida Registration #CH[34091.

GEORGIA:  A full and fair description of the programs of Life Time Foundation and our financial statement summary is available upon request at the office and phone number indicated above.

ILLINOIS:  Contracts and reports regarding Life Time Foundation are on file with the Illinois Attorney General.

MARYLAND:  For the cost of copies and postage, Office of the Secretary of State, State House, Annapolis, MD 21401.

NEW JERSEY:  INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

NEW YORK:  Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.

NORTH CAROLINA:  FINANCIAL INFORMATION ABOUT THIS ORGANIZATION AND A COPY OF ITS LICENSE ARE AVAILABLE FROM THE STATE SOLICITATION LICENSING BRANCH AT 1-888-830-4989. THE LICENSE IS NOT AN ENDORSEMENT BY THE STATE.

PENNSYLVANIA:  The official registration and financial information of Life Time Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement.

VIRGINIA:  Virginia State Office of Consumer Affairs, Department of Agricultural and Consumer Services, PO Box 1163, Richmond, VA 23218.

WASHINGTON:  Charities Division, Office of the Secretary of State, State of Washington, Olympia, WA 98504-0422, 1-800-332-4483.

Registration with any of these state agencies does not imply endorsement, approval or recommendation by any state.

This is a month-to-month continuous service contract for donations that will continue until you cancel as stated in the MODIFICATIONS AND CANCELLATIONS provisions above (Section 4).

BY ACCEPTING THIS AGREEMENT (WHETHER BY CLICKING TO ACCEPT ONLINE, BY SIGNING A SIGNATURE PAD IN CLUB OR OTHERWISE), I HEREBY AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING SPECIFICALLY THE BINDING ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER. ACCEPTANCE ALSO CONSTITUTES AN ACKNOWLEDGEMENT OF THE CONTINUOUS SERVICE SUBSCRIPTION OFFER TERMS AND CONDITIONS AND THE RESPECTIVE CANCELLATION POLICY. I HAVE READ, UNDERSTOOD AND RECEIVED A COPY OF THIS AGREEMENT.