This form is an important legal document. It explains the risks you are assuming by beginning a fitness program. It is critical that you read and understand it completely.
I, have volunteered to participate in a program of physical fitness under the direction of certified and/or licensed fitness instructors. I do here and forever release and discharge and hereby hold harmless the certified and/or licensed fitness instructors and any assistants from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any fitness program offered at TitanUp Fitness, Inc. 102 6th Ave N, Unit #13, Jacksonville Beach, FLA 32250, TUF Town Center, Inc 7860 Gate Parkway, Unit #112, Jacksonville, FLA 32256, TUF Jax Beach, Inc. 102 6th Ave N, Unit #13, Jacksonville Beach, FLA 32250 and TUF Ponte Vedra, Inc.3791 Palm Valley Rd, Unit #202, Ponte Vedra Beach, FLA 32082 including any injuries resulting there from. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT AND (3) OUR NEGLIGENT INSTRUCTION OR SUPERVISION.
I recognize all types of fitness class may be difficult and strenuous and that there could be dangers inherent in fitness classes for some individuals. I acknowledge that the possibility of certain unusual physical changes during any fitness class does exist. These changes can include abnormal blood pressure, fainting, disorder in heartbeat, heart attack and in rare instances, death.
I have been advised to consult a physician before starting any regular exercise/fitness program. I acknowledge and agree that I assume the risks associated with any and all activities and/or fitness exercises in which I participate at TitanUp Fitness, Inc., TUF Town Center, Inc, TUF Jax Beach, Inc. and TUF Ponte Vedra, Inc, including the fitness classes listed. I certify that I am physically able/fit, have sufficiently prepared myself for participation in this fitness class and have not been advised to not participate by a qualified medical professional. I certify that there are no health related reasons or problems which could preclude my participation in this fitness class and all future classes.
TitanUp Fitness is registered with the state of Florida as a Health Studio Facility Registration Number (TUF Town Center, Inc - HS # ____(Applied for), TUF Jax Beach, Inc. - HS # ____(Applied for), and TUF Ponte Vedra, Inc - HS11909). The following statements are for when services are purchased for more than 30 days at a time:
This contract provides for the penalty-free cancellation of the contract within 3 days after payment, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made within the 3-day provision.[s. 501.017(1)(a), F.S.]
This contract provides for the cancellation and refund of the contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five (5) driving miles of the business location designated in the contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in the contract at no additional cost to the buyer. [s. 501.017(1)(b)1, F.S.]
This contract provides that notice of intent to cancel by the buyer shall be given in writing to the health studio. The notice of cancellation from the consumer terminates automatically the consumer's obligation to any entity to whom the health studio has subrogated or assigned the consumer's contract. If the health studio wishes to enforce the contract after receipt of the notice, it may request the department to determine the sufficiency of the notice. [s. 501.017(1)(b)2, F.S.]
This contract provides that if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio may not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon sale, for not more than fourteen (14) consecutive days; or
2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(b)3, F.S.]
You are advised to contact the department for information within sixty (60) days should the health studio go out of business. [s. 501.017(1)(c), F.S.]
The contract provides for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which the buyer used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer's estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to the health studio a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 provided the diagnosis or treatment is within the physicians scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made pursuant to this paragraph. [s. 501.017(1)(d), F.S.]
This contract provides that the initial contract will not be for a period in excess of twelve (12) months, and thereafter shall only be renewable annually at most. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires. [s. 501.017(1)(e), F.S.]
Should we require you to furnish identification upon entry to our facilities and as a condition of using the services of the health studio, we will provide the you with the means of such identification.[s. 501.017(1)(f), F.S.]
I, the undersigned, hereby grant permission to TitanUp Fitness, Inc., TUF Town Center, Inc, TUF Jax Beach, Inc. and TUF Ponte Vedra, Inc. to photograph and/or record on video this participant listed and to use this material, in whole or in part, to promote TitanUp Fitness, Inc., TUF Town Center, Inc, TUF Jax Beach, Inc. and TUF Ponte Vedra, Inc. I understand that the material will remain the property of TitanUp Fitness, Inc., TUF Town Center, Inc, TUF Jax Beach, Inc. and TUF Ponte Vedra, Inc. I further waive any claim to remuneration for material used for these purposes.
Date: September 18, 2020