It is agreed by and between Boynton Barbell Center LLC (BBC) and you, the undersigned member (Member), that you are purchasing a membership from BBC according to the terms of this Membership Agreement. The Terms and Conditions, Club Rules and the Monthly Recurring Credit Card Authorization Form are attached hereto and incorporated herein by reference (collectively, the Membership Agreement, Terms and Conditions, Club Rules and Monthly Recurring Credit Card Authorization Form are referred to herein as the Agreement).
You agree to pay $49.95 dollars (plus 7% tax) per calendar month (the Monthly Membership Fee), due on the first of each calendar month, to BBC beginning on the Effective Date indicated below. If this Agreement begins on an Effective Date other than the first day of a calendar month, the first payment shall be prorated based on the number of days left until the next calendar month. Membership is automatically renewed on the Expiration Date and each period thereafter on a month-to-month basis. You are under no obligation to pay for more than one calendar month at a time, nor are you under any obligation to make any future payments.
All Monthly Membership Fees are subject to applicable Florida sales tax.
CONSUMER PROTECTION CLAUSES:
This contract provides for the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to BBC, and refund upon such notice of all monies paid under the contract, except that BBC may retain an amount computed by dividing 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 BBC location goes out of business, or moves its facilities more than five (5) driving miles of the business location designated in such contract at no additional cost to Member. [s. 501.017(1)(b)1, F.S.]
This contract provides that notice of intent to cancel by Member shall be given in writing the BBC. Such a notice of cancellation from Member shall also terminate automatically the consumer's obligation to any entity to whom the BBC has subrogated or assigned Members contract. If BBC wishes to enforce suchcontract after receipt of such showing, it may request the Department to determine the sufficiency of the showing. [s. 501.017(1)(b)2, F.S.]
This contract provides that if the Department of Agriculture and Consumer Services determines that a refund is due Member, 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 shall 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.
3. 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.]
Contact the Department of Agriculture and Consumer Services for information within 60 days should the health studio go out of business. [s. 501.017(1)(c), F.S.]
This contract provides for the cancellation of the contract if Member dies or becomes physically unable to avail himself or herself of a substantial portion of those services which Member 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 Member or Member'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 Member shall be established if Member furnishes to BBC 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 thirty-six (36) months, and thereafter shall only be renewable annually. Such renewal contracts may not be executed and the fee therefore paid until sixty (60) days or less before the preceding contract expires. [s. 501.017(1)(e), F.S.]
This contract provides that if the health studio requires a Member to furnish identification upon entry to the facility and as a condition of using the services of the health studio, the health studio shall provide the Member with the means of such identification. [s. 501.017(1)(f), F.S.]
SHOULD YOU (MEMBER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND/OR THIS BUSINESS LOCATION CEASES TO OPERATE. THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date.
The Monthly Membership Fee will be billed each month through the credit card you authorized. In addition to the grounds for termination as provided herein, you may terminate your Membership no later than 7 days prior to the upcomming monthby providing notice to BBC. Any dues processed prior to your effective date of cancellation are non-refundable. Members are responsible for any back dues, late fees and bank charges prior to cancellation.
Default In Fee Obligation: All Monthly Membership Fees are due and payable each month. If dues become 30-days delinquent, use of BBC facilities will be suspended. If Monthly Membership Fees become 90-days delinquent, member will automatically be terminated and, if applicable, the unpaid balance will become due and payable. Member will also be responsible for reasonable attorney fees for collection of a delinquent account.
Cancel ability and Transferability: This Membership is not negotiable, transferable or cancelable except as otherwise provided herein.
Disclaimer Release and waiver of liability and indemnity: BBC urges all members to obtain a physical examination from their physicians prior to exercise. You hereby acknowledge and agree that Members use of BBCs facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below and Member assumes full responsibility for such risks. In consideration of being permitted to enter any facility of BBC for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds BBC, its members, managers, directors, officers, employees and agents harmless from all liability to Member and Members personal representatives, assigns, heirs, and next of kin for any loss or damage and forever gives up any claim or demands therefore on account of injury to Members person property including injury leading to the death of Member, whether caused by the negligence of BBC or otherwise to the fullest extent permitted by law while Member is in, upon or about the premises or using any BBC facilities, services or equipment. Member also hereby agrees to indemnify BBC from any loss, liability, damage or cost BBC may incur due to the presence of Member in, upon or about BBC premises or in any way observing or using any facilities or equipment of BBC whether caused by the negligence of Member of or otherwise. You represent (a) that Member is in good physical condition and has no disability, illness or other condition that could prevent Member from exercising without injury or impairment of health and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member of impairment of Members health. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member of others in supervised or unsupervised activities or programs at a club; injuries and medical disorders arising from exercising at a club such as heart attacks, strokes, heat stress, sprains, broken bones and torn muscles and ligaments among others; and accidental injuries occurring anywhere in BBCs facilities. Member further expressly agrees that the foregoing release waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid it is agreed that the balance shall not withstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause and agrees that no oral representations, statements or inducement apart from this Agreement have been made.
Jurisdiction: To the full extent permissible by law, for purposes of any dispute arising out of this agreement, all parties hereto agree to submit to the sole and exclusive jurisdiction of the State of Florida and to the application of Florida law. The sole venue for any claims under this Agreement shall be in the state or federal courts located in Palm Beach County.
Entire Agreement: Member and BBC acknowledge that this Agreement constitutes their entire agreement. It cannot be amended except in written form executed by both parties.
Assignment: BBC may assign this Agreement, including Members payment obligation herein. Any Membership may be transferred by Member to anyone over 18 years of age provided that all payments under the Agreement are current at the time of transfer. The new Member (transferee) must sign a new agreement and pay BBC a $50.00 processing fee.
Member acknowledges that Member has read the terms and conditions set forth herein and accepts this Agreement as a legal and binding contract. Member is of legal age and capacity and is willfully entering into this Agreement.
- Membership is a privilege and will carry no right of participation in management or control of the finances of BBC.
- BBC is not obligated to repurchase any memberships.
-Failure to utilize BBC facilities does not relieve Member of the obligation to pay Monthly Membership Fee.
- BBC reserves the right to discontinue any program, service or amenity at anytime.
- All personal trainers must be authorized and approved by BBC: Private personal/professional training by members and or guest is strictly prohibited with any individual who is not contracted with BBC.
- Rules and regulations as set forth are part of the Agreement and Member is obligated to observe and comply with them. BBC may make reasonable changes from time to time. Said changes shall be posted on the premises.
- Hours: Facility hours are 24/7 FOR MEMBERS ONLY. Key fob entry is required after normal open-gym hours (8 A.M - 8 P.M.). Facility hours of operation are subject to change. Holidays, special occasions, or extraordinary maintenance are at the discretion of management.
- Guests: There will be a $10.00 charge for a guest to come with a member, or on their own. Guests will be required to sign a Non-Member Waiver Consent Form before participating. Guests ARE NOT ALLOWED into the premises after open-gym hours (8 A.M. - 8 P.M.). Any member seen or recorded bringing in a guest without permission from management will result in a possible membership dismissal.
- Registration: All members, upon entering BBC are required to show their membership card and register at the reception desk. Gues ts are welcome and must be registered and fees paid at the reception desk. Lost membership key fob charge is $10.00.
- Key Fob Entry/Keypad: Each member will be assigned a personal key fob that he/she will use for entry into the premises. IF Key Fob is lost or forgotten then an assigned key code can be used on keypad to gain entry. Lost key fobs will be subject to a $10.00 charge. If a member is seen giving his/her code to a non-member or uses a member's key fob to gain access to the premises then said member's contract will be terminated immediately.
- Warranty of physical fitness: The member warrants that (s)he is in good physical condition and has no disability, impairment or ailment, which would be adversely affected by participation in a physical conditioning program or by use of BBCs facilities or services.
- Clothing Requirements & Basic Club Etiquette: Shirts, athletic shoes and appropriate exercise clothing (i.e. shorts, tee-shirt, sweats, and leotards) are required in exercise areas. No jeans or open toed shoes. Members must wipe down the equipment after use. Members are required to replace all free weight equipment, medicine balls, exercise balls, jump ropes, ladders, cones etc. Be courteous to other members.
- Violations of Rules and Regulations: In the event a Member violates any of the rules, regulations and conditions of membership herein contained or posted on BBC premises, BBC may terminate your membership immediately. If the terminated Member has prepaid any sum for services all funds will be forfeited.
-Retention of Dues To Cover Damages: In the event a Member, through negligence or willfulness, damages any of the facilities, BBC may terminate the membership and retain as much of the prepaid sum as is allocable to services he has taken and to cover damages caused by the Member. The processing fee shall not be refundable or applicable to cover damages. This provision does not in any way preclude BBC from seeking damages beyond the amount of the prepaid sum, nor is BBC precluded from seeking damages without terminating membership.
- Basic Gym Rules are as Follows:
Rack all Bars, weights, and dumbbells back to their proper position.
Clean up all trash, and pick up belongings.
BRUSH OFF barbells with brush after use (If using Chalk).
Wipe clean BENCHES after use.
ALL doors besides front main entrance door are not to be used unless instructed too. Alarm will sound if opened.
Please use a spotter when operating equipment.