FAIRWINDS CHILDREN’S MIRACLE NETWORK HOSPITALS®  
VARIABLE RATE CREDIT CARD AGREEMENT 

DEFINITIONS: “Card” means the Children’s Miracle Network Hospitals® Credit Card, as the case may be, which we 
issue to you under this agreement, including any duplicates or renewals, and includes any device or check used to 
obtain credit or cash from the account. The words “you”, “your”, and “Cardholder” mean each person jointly and 
individually who holds, signs, retains, uses, or permits others to use or sign a Card. The words “our”, “we” and “us” 
mean FAIRWINDS Credit Union or any of its assignees. Unless otherwise stated “account” means your VISA® Credit 
Card Line of Credit with us. 

1.  We  agree  to  extend  credit  to  you  and  advance  amounts  up  to  your  credit  limit.  We  will  notify  you  of  your 
maximum credit limit. Upon receipt of your Card, you will immediately sign the back of the Card to ensure proper 
use.  You  agree  to  pay  us  for  credit  extended  pursuant  to  the  use  of  the  Card  by  you  or  any  other  cardholders 
together  with  all  applicable  finance  charges,  and  in  accordance  with  the  terms  of  this  agreement.  You  agree  by 
signing, using or permitting others to use the Card to the terms and conditions contained in this agreement, on the 
Card, or any charge slip resulting from authorized use of the Card and on any authorized cash advance slip. 

2. We will have no liability or responsibility if any merchant refuses to honor the Card. No cash refund will be made 
to you with respect to any adjustment for goods or services purchased. All adjustments will be made by credit to 
your account by an executed credit voucher issued by the appropriate merchant. 

3. You agree to use the Card only within the credit limit authorized by us. You also agree that we can change your 
credit  limit  at  any  time.  Any  extension  of  credit  to  you,  made  or  honored  by  us,  shall  be  at  such  times,  in  such 
amounts and for such purposes as shall conform to this agreement and only in the event there does not exist any 
default. We are not obligated to accept charges which would cause you to exceed your credit limit. 

4. You agree to advise us of any change in your financial condition which may affect your creditworthiness and to 
provide us with a current loan application whenever we request one. 

5. You agree to make a good-faith effort to resolve any billing error dispute. 

6. You agree to pay all charges (purchases, balance transfers and cash advances) on your account made by you or 
anyone  who  you  authorize  to  use  your  account.  Your  obligation  to  pay  the  amount  owed  on  your  account 
continues until paid in full even though an agreement, divorce decree, or other court judgment to which we are 
not  a  party  may  direct  someone  else  to  pay  the  account  balance.  If  more  than  one  person  is  subject  to  this 
agreement,  each  is  individually  responsible  for  all  amounts  owed.  This  means  we  can  enforce  this  agreement 
against any of you individually or all of you together. 

7.  You  also  agree  that  we  can  change  the  terms  of  this  agreement  at  any  time,  as  long  as  we  give  you  written 
notice as required by law before the change becomes effective. Use of your account on or after the effective date 
of any change will constitute your acceptance of the new terms. Any changes to the agreement may apply to all 
outstanding  indebtedness.  This  includes  any  indebtedness  which  shall  have  arisen  out  of  purchases,  balance 
transfers and cash advances made by you on the effective date of the changes. 

                     
 
 
 
 
 
 
 
 
 
 
 
 
 
8.  We  may  disclose  information  about  your  account  in  order  to  advise  third  parties,  such  as  credit  bureaus  or 
merchants,  of  the  existence  or  condition  of  your  account,  or  if  you  give  us  written  permission,  or  in  order  to 
comply with a government agency of court orders. 

9. DEFAULT. You  will be in default if you fail to  make any minimum payment  or other  required payment  by the 
date that it is due. You will be in default if you break any promise you make under this Agreement or any other 
agreement with us. You will be in default if you die, file for bankruptcy or become insolvent, that is, unable to pay 
your obligations when they become due. You will be in default if you make any false or misleading statements in 
any  credit  application  or  credit  update.  You  will  also  be  in  default  if  something  happens  that  we  believe  may 
substantially reduce your ability to repay what you owe. When you are in default,  we have the right to demand 
immediate payment of your full Account balance without giving you notice. If immediate payment is demanded, 
you agree to continue paying finance charges as described in this Agreement until what you owe has been paid, 
and any shares, deposits and other funds on deposit with us that were given as security for your Account may be 
applied towards what you owe.  

10. THE CARD. Upon receipt of the Card(s) you and all other cardholders will sign the signature panel on the back 
of the Card(s). The Card remains our property and may be revoked by us without notice at any time. The Card must 
be surrendered to us (or our agent designated to repossess it) upon demand or revocation. If we employ an agent 
for such repossession, your account will be charged with any related fee. You will remain responsible to pay the 
amount  you  owe  us  according  to  the  terms  of  this  agreement.  If  this  account  is  jointly  held,  either  of  the  joint 
cardholders may terminate the account at anytime by returning all Cards issued under this agreement to us. Such 
action will not relieve either of the joint cardholders or any other  cardholder from liability for repayment of any 
obligations arising from the use of the account. 

11. ISSUANCE AND USE OF CONVENIENCE CHECKS. If we issue you convenience checks, they are processed as cash 
advances and accumulate finance charges from the date the check posts to your account. Convenience Checks may 
only  be  used  by  the  person  whose  name  is  printed  on  them.  We  may  refuse  to  issue  or  reissue,  and  may  also 
terminate, limit, or modify the use of, the checks  without  notice to you, and you agree to surrender the  checks 
upon our demand or upon learning of our cancellation or withdrawal of the checks. All the terms and conditions of 
this  agreement  apply  to  the  checks  and  balance  transfers.  Only  checks,  balance  transfers  and  other  methods 
authorized by us now and into the future may be used to obtain funds from this account, and if so authorized by 
us,  your  use  of  a  personal  identification  number  (PIN)  for  such  purposes  shall  constitute  your  signature.  Paid 
convenience checks and balance transfer checks become our property and will not be returned to you. Copies may 
be provided, if requested, for a nominal fee per item. Should we decline to pay any convenience check or balance 
transfer, we shall not be liable for any action we take regarding payment or nonpayment of a convenience check or 
balance transfer. You will not date any check later than the date you write it. If you do and the check is presented 
for payment before its date, we may return it unpaid. 

12.  ANNUAL  FEE.  There  is  no  annual  fee  at  this  time.  You  will  receive  prior  written  notice  should  we  decide  to 
impose an annual fee. 

13.  PAYMENTS.  A  payment  is  due  each  month.  Your  payments  must  be  mailed  to  the  address  indicated  on  the 
monthly statement. All payments will be credited to your account promptly, in most cases as of the day of receipt 
and in no case more than 5 business days from the date of receipt. Your Card account (16-digit) number should 
always be written on the bottom left hand corner of your check or money order. You understand and agree that, 
except  as  otherwise  required  by  applicable  law,  payments  will  be  applied  in  the  following  order  (1)  finance 
charge(s), (2) fee(s) (if applicable), (3) the remaining amount of your payment equal to the minimum payment due 
to the balances with the lowest APRs, and (4) payment of the amount in excess of your minimum payment due will 
be applied to the balances with the highest APRs. All payments made to your account must be in US dollars and 
drawn  on  a  US  bank.  You  agree  that  purchases  and  cash  advances  made  on  foreign  countries  and  foreign 

                     
 
 
 
 
 
 
currencies will be billed to you in US dollars. Your minimum payment due is the greater of $20 or 2% of the “new 
balance” plus the “past due” amount, and/or all amounts in excess of the authorized credit line/limit shown on the 
periodic statement. If the new balance does not exceed $20, only the “new balance” is due and is shown as the 
“minimum payment due”. All “past due” or “overlimit” amounts are due and must be fully paid immediately upon 
notification. You may pay the total amount due, which is shown as the new balance, or you may pay any additional 
amount you wish over the “minimum payment due”. 

14. LATE CHARGES: If you do not make the total minimum payment due on your monthly statement by the date 
listed on your statement you may be assessed a late charge of $25, in the case of the first violation, or $35, in the 
case of any additional violation during any six consecutive billing cycles; provided, however, the late charge shall in 
no case exceed the amount of the required minimum payment due. Any late payment charge you owe us will be 
added to your account but will not be included in any finance charge calculation. 

15. RETURN PAYMENT: If a payment is returned, there will be a return payment charge of $25, in the case of the 
first  violation,  or  $30,  in  the  case  of  any  additional  violation  during  any  six  consecutive  billing  cycles;  provided, 
however, the return payment charge shall in no case exceed the amount of the required minimum payment due. 
Any  return  payment  charge  you  owe  us  will  be  added  to  your  account  but  will  not  be  included  in  any  finance 
charge calculation. 

16. CASH ADVANCE WITHDRAWALS LIMITS: ATM cash advance withdrawals shall be limited to $505 daily. 

17. CASH ADVANCE FEES: For each cash advance, a fee of 4% will be charged. The minimum cash  advance fee is 
$10. Cash advance transactions are defined as ATM withdrawals, Convenience Checks, and cash advances made at 
any financial institution branch. 

18.  BALANCE  TRANSFER  FEES:  For  each  balance  transfer,  a  fee  of  3%  will  be  charged.  The  minimum  balance 
transfer fee is $5.  

19. FINANCE CHARGE. The FINANCE CHARGE (INTEREST) for purchases and balance transfers will equal the sum 
of the Prime Rate as listed in the Money Rates Section of Eastern edition of the Wall Street Journal on the last 
business  day  of  each  month  plus  a  margin  based  upon  your  cumulative  credit  history.  Your  margin,  initial 
monthly Periodic Rate and corresponding ANNUAL PERCENTAGE RATE (APR) for purchases and balance transfers 
are  as  set  forth  in  the  Account  Opening  Disclosures  provided  to  you  at  the  time  of  the  delivery  of  this 
agreement, the terms of which are incorporated herein by reference.  The FINANCE CHARGE for purchases and 
balance transfers will be subject to a maximum of the lesser of 18.00% APR or the highest APR then permitted 
by applicable law. The FINANCE CHARGE (INTEREST) for cash advances will equal the sum of the Prime Rate plus 
17.99%, subject to a maximum of the lesser of 18.00% APR or the highest APR then permitted by applicable law. 
If the index is discontinued or is no longer available, a successor index setting forth the prime rate will be chosen 
by us.   To avoid incurring an additional  FINANCE CHARGE  on purchases and balance transfers reflected on your 
periodic statement and on any new purchases and balance transfers appearing on your next statement, you must 
pay  the  new  balance  for  purchases  and  balance  transfers  shown  on  the  periodic  statement  on  or  before  the 
Payment Due Date. The FINANCE CHARGES for a billing cycle are computed by applying the monthly periodic rate 
to the average daily balance of (i) purchases, (ii) balance transfers, or (iii) cash advances, as the case may be, which 
is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. 
Separate average daily balances are calculated for (i) purchases, (ii) balance transfers, and (iii) cash advances. Each 
daily  balance  of  (i)  purchases,(ii)balance  transfers,  or  (iii)  cash  advances,  as  the  case  may  be,  is  determined  by 
adding to the previous balance of (i) purchases,(ii) balance transfers, or (iii) cash advances, as the case may be, any 
new  (i)  purchases,(ii)  balance  transfers,  or  (iii)  cash  advances,  as  the  case  may  be,  posted  to  your  account  and 
subtracting any payments as received and credits posted to your account and applied to (i) purchases,(ii) balance 
transfers,  or  (iii)  cash  advances,  as  the  case  may  be,  but  excluding  any  unpaid  FINANCE  CHARGES.  FINANCE 

                     
 
 
 
 
 
 
 
CHARGES  will begin to accrue on Cash Advances, including  Bank Cash Advances, Convenience Checks, and ATMs 
from  the  date  of  the  transaction.  Fees  are  not  included  in  the  calculation  of  the  average  daily  balance.  Finance 
charges will continue to accrue on your account until what you owe under this agreement is paid in full. 

20. VARIABLE ANNUAL PERCENTAGE RATE (APR): The Variable ANNUAL PERCENTAGE RATE (APR) for purchases, 
balance transfers and cash advances will be based on the Prime Rate as published in the Money Rates Section of 
the Eastern edition of The Wall Street Journal on the last business day of each month and your cumulative credit 
history. Changes in the Prime Rate will cause changes in the APR. Changes in the APR as the result of changes in 
the Prime Rate will be effective on the first day of the next month following one full billing cycle after any change 
in the Prime Rate. If the ANNUAL PERCENTAGE RATE increases or decreases, the FINANCE CHARGE will increase or 
decrease. Any increase in the ANNUAL PERCENTAGE  RATE and its corresponding monthly periodic rate and daily 
periodic  rate  will  result  in  more  finance  charges  and  higher  minimum  periodic  payments.  Each  change  in  the 
ANNUAL PERCENTAGE RATE and Monthly Periodic Rate will apply to any balance outstanding on the effective date 
of  such  change  as  well  as  to  future  credit  purchases,  Balance  Transfers  and  Cash  Advances.  The  APR  will  not 
increase above the lesser of the maximum rate allowed by law or 18.00%. 

21.  CASH  ADVANCE  APR.  Cash  Advance  ANNUAL  PERCENTAGE  RATE  will  be  the  Prime  Rate  plus  17.99%  for  all 
bank cash advances, ATM cash advances, and convenience checks. 

22. ASSIGNMENT OF ACCOUNT. You agree that we may at any time sell, transfer or assign your account to another 
financial institution. 

23.  LOST  OR  STOLEN  CARD.  You  are  responsible  for  the  possession  and  use  of  the  Card  and  must  maintain  the 
confidentiality of the PIN we may assign you. You will notify us if you believe your Card has been lost, stolen or if 
you  have  reason  to  believe  that  the  Card  is  being  used  without  your  permission  immediately.  You  may  notify 
security by calling 407-277-5045 or 1-800-443-6887 seven (7) days a week twenty-four (24) hours a day. 

24.  LIABILITY  FOR  UNAUTHORIZED  USE.  You  are  liable  for  all  authorized  use  of  any  Card  issued  under  this 
agreement regardless of the credit limit or the party using it.  You also may be liable for the unauthorized use of 
your Card as follows: 1) If you tell us after learning of the loss or theft of the card, your liability for unauthorized 
transactions using the VISA system is Zero; 2) For card transactions through a non-VISA network, VISA Commercial 
Cards, VISA or Plus ATM, or any ATM transactions, or to cards issued outside the United States, if you tell us within 
two (2) business days after learning of the loss or theft of the Card, your liability for unauthorized transactions is 
$50.00; 3) For ATM transactions, your liability for unauthorized transactions is $500.00 if you do not tell us within 
two (2) business days; and 4) if you do not tell us within sixty (60) days after the statement was mailed, you may 
not get any money you lost if we can prove that we could have stopped someone from taking the money had you 
told us in time. The term “unauthorized” does not include any transaction from which you receive a benefit or any 
transaction by a person with actual, implied, or apparent authority to use the Card. We may require you to provide 
a  written  statement  regarding  claims  of  unauthorized  transactions.  If  we  determine  that  you  have  been  grossly 
negligent or fraudulent in the handing of your account or Card, your liability may increase. These rules do not apply 
to other electronic transfers. You will not  be liable for unauthorized use that occurs after  you notify us orally  at 
407-277-5045 or 1-800-443-6887, or in  writing to  FAIRWINDS Credit Union, Attn:  Card Services, 3075 N. Alafaya 
Trail, Orlando, FL 32826. You agree to cooperate with us in the recovery of any amounts advanced based on such 
unauthorized use. 

25. STATEMENTS AND NOTICES. We  will bill you monthly, on a  date selected by us, for amounts due under this 
agreement. Upon receipt of each periodic statement you should examine it and immediately notify us in writing of 
any  transaction  you  believe  to  be  in  error  to  Customer  FAIRWINDS  Credit  Union,  Attn:  Card  Services,  3087  N. 
Alafaya Trail, Orlando, FL 32826.Statements and notices will be mailed to you at the most recent address you have 

                     
 
 
 
 
 
 
 
given us. You agree to notify us promptly of any change in your name, address and phone number. Notice sent to 
any one of you will be considered notice to all of you. 

26. SECURITY INTEREST. If you give us a specific pledge of shares by signing a separate pledge of shares for this 
account, your pledged shares will secure your charge account. You pledge as security for the charge account all 
shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with us 
now or in the future. Also, any property you give as security will secure all amounts owed under this agreement 
and all other loans you have with us now or in the future, except any loan secured by your principle dwelling. 
Your pledge does not apply to any Individual Retirement Account or any other account that would lose special 
tax treatment under state or federal law if given as security. Property securing other loans you have with us may 
also secure this agreement. 

27. MEMBERSHIP REQUIREMENT. You must be and remain a  member in good standing with us to be eligible for 
continuing Account and/or Card privileges including future purchases and advances. We may suspend the Account 
and/or Card privileges, including closing the Account, if you do not maintain your Membership with us. 

28. FOREIGN  TRANSACTIONS: Purchases, Cash  Advances, and credits  made in foreign  currencies will be billed to 
your Account in U.S. dollars. The conversion to U.S. dollars will be made in accordance with the Visa® operating 
regulations  for  international  transactions.  The  exchange  rate  between  the  transaction  currency  and  the  billing 
currency used for processing international transactions is a rate selected by Visa® from the range of rates available 
in wholesale currency markets for the applicable Central Processing Date, which rate may vary from the rate Visa® 
itself  receives,  or  the  government-  mandated  rate  in  effect  for  the  applicable  Central  Processing  Date  in  each 
instance, plus a two percent (2%) foreign transaction fee. This fee will also apply to foreign transactions which do 
not  require  a  conversion  to  US  dollars.  The  conversion  rate  may  be  different  than  the  rate  on  the  day  of  the 
transaction or date of posting of the Account. When a credit to the Account does not fully offset a charge to the 
Account due to changes in the rate, you are responsible for the difference. 

29. ILLEGAL USE. You may use your FAIRWINDS Credit Union credit Card for any transaction permitted by law. You 
may not use your Card for any gambling purposes, either legal or illegal. You agree that illegal use and/or use in 
gambling  activities  of  this  Card  will  be  deemed  an  action  of  default  and/or  breach  of  contract  and  such  service 
and/or other related services may be terminated at our discretion. You further agree, should illegal use occur, to 
waive the right to sue us for such illegal activity directly or indirectly related to it. You also agree to indemnify and 
hold us harmless from any suits or other legal action or liability, directly or indirectly, resulting from such use. 

30. OTHER AGREEMENTS.  All the terms and conditions of  any other agreement  between us and you and/or any 
other institution that is part of a  network of automated teller  machines (ATM) in which we participate, and any 
applicable rules and regulations, also apply to use of the Card. In the event of a conflict between the terms of this 
agreement and the terms of other agreement or sales, cash advance, credit or other slips you sign or receive, the 
terms of this agreement  shall govern.  There may be  minimum and/or  maximum limits on the amount  of a cash 
advance  dispensed  from  electrical  terminals  which  accept  the  Card.  All  of  the  transactions  made  by  electronic 
means are subject to verification by us. You agree that we do not waive our rights under this agreement if we fail 
to assert them. The agreement binds and benefits us and our successors and assigns and binds you, your estate 
and your personal representatives.  

31.  INVALIDITY OF PROVISIONS AND CAPTIONS. If any provision of this Agreement is deemed invalid the rest of 
this Agreement will remain in full force and effect.  The paragraph headings are for convenience only and do not 
form a part of this Agreement. 

                     
 
 
 
 
 
 
 
 
32.  GOVERNING LAW AND VENUE.  The terms and conditions of this Agreement are governed by and construed in 
accordance with the laws of the State of Florida and any applicable Federal law. The venue for any legal action or 
claim you make against the Credit Union will be Orange County, Florida.  

YOUR BILLING RIGHTS - KEEP THIS DOCUMENT FOR FUTURE USE 

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

What to do if you find a mistake on your statement 

If you think there is an error on your statement, write to us at:  

FAIRWINDS Credit Union 

Attn: Card Services 
3075 N. Alafaya Trail 
Orlando, FL 32826 

You may also contact us on the web: www.fairwinds.org 
In your letter, give us the following information: 

  Account information:  Your name and account number 
  Dollar amount:  The dollar amount of the suspected error 
  Description of problem:  If you think there is an error on your bill, describe what you believe is 

wrong and why you believe it is a mistake. 

You must contact us: 

  Within 60 days after the error appeared on your statement. 
  At least 3 business days before an automated payment is scheduled, if you want to stop payment 

on the amount you think is wrong. 

You must notify us of any potential errors in writing [or electronically]. You may call us, but if you do we are not 
required to investigate any potential errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if 

we have already corrected the error. 

2.   Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the 

bill is correct. 

While we investigate whether or not there has been an error: 

  We cannot try to collect the amount in question, or report you as delinquent on that amount. 
 

The  charge  in  question  may  remain  on  your  statement,  and  we  may  continue  to  charge  you 
interest on that amount. 

                     
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  While you do not have to pay the amount in question, you are responsible for the remainder of 

your balance. 

  We can apply any unpaid amount against your credit limit. 

After we finish our investigation, one of two things will happen: 

1. 

2. 

If we made a mistake: You will not have to pay the amount in question or any interest or other 
fees related to that amount. 
If we do not believe there was a mistake: You will have to pay the amount in question, along with 
applicable interest and fees. We will send you a statement of the amount you owe and the date 
payment is due. We may then report you as delinquent if you do not pay the amount we think 
you owe. 

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that 
you  still  refuse  to  pay.  If  you  do  so,  we  cannot  report  you  as  delinquent  without  also  reporting  that  you  are 
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must 
let those organizations know when the matter has been settled between us. 
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if 
your bill is correct. 

Your Rights If You Are Dissatisfied With Your Credit Card Purchases 

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried 
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount 
due on the purchase. 

To use this right, all of the following must be true: 

1.   The purchase must have been made in your home state or within 100 miles of your current mailing address, 
and the purchase price must have been more than $50.  (Note: Neither of these are necessary if your purchase 
was  based  on  an  advertisement  we  mailed  to  you,  or  if  we  own  the  company  that  sold  you  the  goods  or 
services.) 

2.   You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or 

with a check that accesses your credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If  all  of  the  criteria  above  are  met  and  you  are  still  dissatisfied  with  the  purchase,  contact  us  in  writing  or 
electronically at: 

FAIRWINDS Credit Union 

Attn: Card Services 
3075 N. Alafaya Trail 
Orlando, FL 32826 
www.fairwinds.org 

While  we  investigate,  the  same  rules  apply  to  the  disputed  amount  as  discussed  above.  After  we  finish  our 
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we 
may report you as delinquent.