TERMS & CONDITIONS
1. PROVISIONS. BODYZONE FITNESS and YOUTHFIT (both together and separately "Fitness Center") will provide a fully equipped exercise facility including a fitness training area with cardiovascular equipment, circuit training equipment, gymnastic equipment, free weights, and group fitness training areas. The Fitness Center may be unavailable during a certain period for repair and maintenance or for special events, programs or private parties, or by Management/Owners decision. The Fitness Center may also be closed due to natural disasters. In order to keep the facility in the best possible condition a portion of the Fitness Center may be closed for a temporary time period for repairs and renovations. There will be no adjustment in membership dues paid for any period of closure. The Member understands that pricing will change from time to time and the Fitness Center has the right to run specials. There will be no refund of the difference between a Member price and the current special price.
2. MINOR MEDICAL RELEASE. If Members, Guest, or Individual is a Parental Guardian signing this Agreement on behalf of their child(s), then the following terms and conditions set forth in this section apply, in addition to the terms and conditions set forth in this Agreement as a whole.
- I give my approval for minor(s) participation in any and all activities of the program. I hereby forever waive, and forever release and discharge, Fitness Center, their officers, directors, employees, and agents from all liability for any and all damages and injuries, whether through active or passive negligence on behalf of Fitness Center, suffered by the participant in connection with said use of the aforementioned equipment, instructors, and facilities. As a student, or parent or guardian of a student, that is my option to consult a physician for assurance of proper health and have been encouraged to do so by Fitness Center.
- I authorize the representatives of Fitness Center to provide any emergency medical services that may be required due to an injury during any activity at or for Fitness Center.
- I understand and acknowledge that the activity my child is about to engage in poses known risks and unanticipated risks which could result in injury, paralysis death, emotional distress, or damage to my child, to property, or to third parties. The following describes some, but not all, of those risks: gymnastics, marital arts, and cheerleading entails certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Without a certain degree of risk, gymnastics, martial arts, cheerleading students would not improve their skills, and the enjoyment of the sport would be diminished. Gymnastics, marital arts, and cheerleading exposes its participants to the usual risk of cuts and bruises. Other more serious risks exist as well. In any event, if your child is injured, your child may require medical assistance, at your own expense.
- I certify that my child has health, accident, and liability insurance to cover any bodily injury or property damage that may be caused or suffered while participating in this event or activity, or else I agree to bear the costs of such injury or damage to my child. I further certify that I am willing to assume the risk of any medical or physical condition that my child may have or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
- Fitness Center is not responsible, whatsoever, for anything that happens before or after the student’s designated class, camp, clinic, birthday party, open gym, or any activity or event. Should Fitness Center, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and reimburse them for such fees and costs.
- By signing this Agreement, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Fitness Center on the basis of any claim from which I have released them herein.
3. MEMBER’S HEALTH WARRANTY. The member warrants and represents that the member or any family member or guest entitled to use the facilities of the Fitness Center under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Member acknowledges and agrees that:
1) the Fitness Center will rely on the foregoing warranty in issuing the Membership;
2) the Fitness Center shall have no obligation to perform a fitness assessment or similar testing to determine the Member’s physical condition;
3) if any fitness assessment or similar testing is performed by the Fitness Center, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes;
4) The Fitness Center shall not be subject to any claim, demand, or injury whatsoever on account of the Fitness Center’s evaluation or interpretation of such fitness assessment or similar testing;
5) The Fitness Center shall not be liable for any injury arising out of the Member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate.
Each Member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. Member acknowledges that staff may render assistance and will call 911 in the event of an emergency. The Member will hold harmless the Fitness Center, employees, directors, stockholders, owners, officers and agents for any action taken on behalf of the Member. The Member accepts full responsibility for use of any and all apparatus, appliance, facility privileges, or service whatsoever owned by the Fitness Center, its shareholders, directors, employees, representatives, owners or agents. The Member holds them harmless for any and all loss, claim, injury, damage, or liability sustained or incurred by the Member resulting there from.
The Member agrees that he/she is engaging in physical exercise and the use of exercise equipment, club facilities, training, and instruction which could cause injury. The Member is voluntarily participating in these activities and assuming the risk that might result.
4. RELEASE AND WAIVER OF LIABILITY. The Member recognizes that there are hazards and risks connected with physical fitness training. These risks include, but are not limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain, bruising of joints, and any and all medical conditions. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. The Member agrees to waive any claim or rights he/she has to sue the Fitness Center, its employees, shareholders, directors, representatives, agents and owners. The Member has carefully read this waiver and fully understands it is a release of liability. The Member agrees to defend, indemnify and hold harmless the Fitness Center against any loss, damage or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the negligent or intentional action of the Member. The Member further agrees to release the Fitness Center and its owners, officer, agents, employees and/or affiliates from any and all liability arising out of injury to Member, whether through active or passive negligence on behalf of the Fitness Center, and further agrees to defend, indemnify and hold the Fitness Center, its owners, officers, employees and/or affiliates free and harmless from against the same. The Member agrees that it is his/her responsibility to keep the Fitness Center aware of any medical conditions at all times. Any and all use of the Fitness Center Facilities, or participation in, the Fitness Center, activities operated, arranged or sponsored by the Fitness Center either on or off of the Fitness Center’s premises by the Member, Member’s Family or Guest(s) shall be AT SUCH PERSON’S OWN RISK, and the Fitness Center shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Member individually, and on behalf of the Member’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge the Fitness Center, its successors and assigns, as well as its officers, agents, owners and employees from all such claims, demands, actions, or causes of action.
5. DAMAGE TO PROPERTY & PERSONAL INJURY. Each member of the Fitness Center shall be liable for any property damage and/or personal injury (caused by the Member, Member’s Family, Guest or any other person) at the Fitness Center or any activity or function operated, arranged or sponsored by the Fitness Center. It shall be the obligation of the member to pay for any costs involved upon presentation of a statement thereof.
6. GROUP FITNESS. Member understands that group fitness classes are an add-on service provided to Member free-of-charge at the expense of Fitness Center. Member further understands and acknowledges that Fitness Center reserves the right to charge for these group fitness services in the future as an additional expense to-be-paid by Member. Should Member purchase a membership during a time in which group fitness services are offered free-of-charge, this does not waive Fitness Center's right to charge for group fitness classes prior to expiration of said membership.
7. EFT (Electronic Fund Transfer). Should the Member elect to enroll in an EFT Membership Contract, they fully understand and agree to be bound by the following terms and conditions:
1) MEMBER UNDERSTANDS THAT THIS EFT MEMBERSHIP CONTRACT IS AN AUTOMATICALLY RENEWING CONTRACT WITH A MINIMUM TERM COMMITMENT OF 12-MONTHS. Thereafter, without notice to member, the EFT Contract will continue on a month-to-month basis until Member provides Fitness Center a written cancellation notice with a 30-Day request to email@example.com. All billing and processing will continue during this 30-Day period.
2) Member understands that utilization of fitness services does not waive their commitment to this EFT Contract
3) Member agrees to be held responsible should any of their Credit Card/ACH payments not be approved by their bank or Credit Card Company. If their payment declines they agree to pay a $25 fee for each late and/or declined payment. Should thier balance become more than 30-Days outstanding they understand that their entire balance becomes due immediately. They further agree to waive the Signed Credit Card Slip for all agreed payments due, and that if any of thier postdated checks or credit card payments default, Fitness Center will use any and all previous credit card numbers on file in order to collect payment in full. All unpaid balances will eventually go to collections.
4) Member understands that that the withdrawal of funds from their account will occur either on (i) the day that the Member purchased membership “Revenue Date”, (ii) the 15th of each month, or (iii) the 25th of each month. This date is to be chosen at the discretion of the Member.
5) Member authorizes the Fitness Center to initiate debit entries to the Member’s account, by and through EZ Facility or other designee and Priority Payments or other designee, and to debit the same to the Fitness Center’s depository financial institution. This authorization is to remain in full force and effect until the Fitness Center receives all monies owed.
6) Member agrees that it is his/her responsibility to keep Fitness Center aware of any and all changes in the electronic funding source which may include name, number, expiration date, billing address, or security codes.
7) Member personally guarantees payment of this EFT Contract obligation and hereby agrees to bind themselves to pay Fitness Center on demand any sum which may become due whenever their account is in default. It is understood that this guarantee shall be a continuing and irrevocable guarantee and indemnity for such indebtedness. Members hereby waives their notice to default, non-payment and notice thereof and consent to any modification of renewal of the membership agreement herby guaranteed.
8. UNPAID BALANCES. All outstanding balances are to be paid in full within 30 days of revenue date of the current membership and/or class package. All balances which are 30 days past due are subject to a $25.00 monthly service fee. In addition to other rights, Management reserves the right to:
1) Collect the current and past due balance.
2) Suspend and/or terminate membership privileges.
3) Recover from the Member any collection fees, court costs, and reasonable attorney’s fees agreed to be 30% of the entire balance due and owing.
4) Collect a service fee of $25.00 for any check or draft payable to the Fitness Center which is not honored.
9. FREEZING A MEMBERSHIP. The ONLY acceptable reason to FREEZE a membership is for a medical reason with a physician’s note stating you cannot workout or military reason with documentation. If there is an EFT in effect, the member will continue to be charged and the medical freeze will be added to the end of the contract. Purchase a contract that fits your needs.
10. REFUND/CANCELLATION POLICY. Fitness Center has a "No Refund, No Return Policy" (except as allowed per Florida Consumer Law). This applies to unused services and products. Memberships cannot be canceled except for (i) Military transfer, and/or (ii) medical issues documented with a Doctor's note stating that the Member is no-longer able to perform fitness activities.
11. SUSPENSION/TERMINATION OF MEMBERSHIP BY MANAGEMENT/OWNERS. Management has the right to suspend and/or terminate any membership for non-payment of dues, fees, Property damage, or for behavior inimical to the enjoyment of the Fitness Center by other members and staff for any reason deemed sufficient is the sole discretion of Management/Owners.
12. BARCODE. The Fitness Center will provide access to the building using a barcode system. The Member acknowledges that supervision is not always provided at the facility. The Member acknowledges that use of the barcode system by someone other than the Member will result in loss of membership immediately with no refund for remaining membership. To obtain entrance into the Fitness Center a barcode or ID must be presented. If the barcode is lost a $5 fee will be assessed.
13. PERSONAL TRAINING. Should a Member wish to make arrangements for personal training, such arrangement shall be solely and exclusively between the Member and the Trainer. The Fitness Center shall not be liable in any way for results or lack of results obtained from any personal training arrangement activities. A separate agreement will be signed between the Trainer and Member.
14. CAMERAS/PHOTOGRAPHY/INTERNET/WIFI. The Member acknowledges that surveillance cameras are in use for the protection of the Facility, its equipment and its Members. The Member hereby consents to being photographed and/or recorded for such purposes. Each Member must have their photo taken for Membership. Fitness Center is not responsible for any hacking, information being stolen, destruction of your device, etc. from viruses/hackers by using the complimentary WIFI. Use WIFI AT YOUR OWN RISK.
15. GYM RULES & GUIDELINES. Member acknowledges that the Fitness Center operates under rules and regulations established for the safety and protection of its Members, and agrees to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by the Fitness Center. Such rules and regulations in effect from time to time are incorporated into this Agreement by reference. Facilities, equipment, hours, service, regulations and policies are subject to change from time to time, without prior notice, at the sole discretion of the Fitness Center. The Member agrees to accept such reasonable change(s) as a condition of membership. Any changes will be posted for the Members on the bulletin board. Member acknowledges that failure to follow these guidelines can result in immediate suspension or termination of membership. Member additionally recognizes:
1. Racking of Weights and Equipment. All weights, dumbbells, equipment, and gym accessories will be placed in their designated spaces after each use, and no weights will be left unracked. Walkways will be kept clear of any equipment and weights.
2. Treatment of Equipment. All gym equipment will be treated with the upmost respect. There will be no slamming, dropping, or reckless use of the gym’s equipment. All equipment must be shared and be made available to all members during active use. Under no circumstances shall Member move exercise equipment or use the equipment in any manner not authorized by the Fitness Center.
3. Hygiene and Cleanliness. All equipment will be wiped down after each use with disinfectant spray or wipes. Clean gym appropriate clothing and close-toed footwear will be worn at all times. All used paper products, wipes, towels, and drinking containers will be discarded in their designated areas.The Member understands that it is a requirement of the Fitness Center to bring a towel to the Fitness Center for hygiene and cleanliness of the Fitness Center. If one is not brought in, one will need to be rented by the Member.
4. Clean Locker Rooms and Bathrooms. All lockers and showers must be clear of any bathing products, hair, clothing, personal items, and soap residue after each use. All paper products and trash will be discarded in designated trash receptacles.
5. No Cell Phones and Disruptive Noises. All phone calls will be taken outside the gym premises. No loud noises, grunting, yelling, or use of foul language is permitted.
6. No member or guest, unless they are a contractor of the Fitness Center will provide Personal Training services. If caught the Membership will be revoked with NO monies returned to the Members.
7. This membership is for the Member, and the Member only, and the Member will not give access to another individual.
8. All Members must be at least eighteen (18) years of age, unless otherwise authorized by the Fitness Center and parental/POA consent is obtained.
9. The Fitness Center shall not be responsible for any lost or stolen items.
16. IMPORTANT NOTICES REGARDING A HEALTH STUDIO IN THE STATE OF FLORIDA, CONSUMER PROTECTION CLAUSES:
A. 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 the health studio, and refund upon such notice of all monies 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.
B. 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.
C. 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 if the notice.
D. 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: Upon sale, for not more than fourteen (14) consecutive days; or 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.
E. The health studio advises the buyer to contact the Florida Department of Agriculture and Consumer Services for information within sixty (60) days should the health studio go out of business.
F. This 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 physician’s scope of practice. A refund shall be issued within thirty (30) days after receipt of the notice of cancellation made pursuant to this paragraph.
G. 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. A renewal contract may not be executed and the fee therefore paid until sixty (60) days or less before the previous contract expires. If this contract states the initial contract will not be for a period in excess of thirty (30) days, renewal contracts may not be executed and the fee therefore paid until the preceding contract expires.
H. The health studio requires a buyer 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 buyer with the means of such identification.
17. LOCKERS. Lockers are available in the Men’s and Women’s locker rooms. If the Member places a lock on a locker over night that the Member did not rent, the Fitness Center reserves the right to cut off the lock and remove all of the contents from the locker for donation. The Fitness Center is not responsible for the contents in the locker at any time.
18. MASSAGE THERAPY/OTHER SERVICES PROVIDED IN THE FITNESS CENTER. Massage Therapy and Pilates Reformer Training may be offered to the Members for an additional cost. If the Member elects to use these services, the Member understands that these are contracted services and agrees to hold harmless the Fitness Center for an injury or claim resulting from the use of these services.
19. USE OF LOGO. No Member may use the BodyZone Fitness/YouthFit name or logo for any purpose.
20. MEDIATION. Parties agree that attorney’s fees are very expensive and if there is an issue between the parties it will be resolved by mediation. During mediation period, Parties shall continue uninterrupted the performance of all their required duties and obligations expressed under this Agreement. Should either Party not do so, a Termination Notice can be supplied by the other Party.
21. SEVERABILITY. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
22. APPLICABLE LAW. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida and subject to the exclusive jurisdiction of the federal and state courts located in Monroe County, Florida.
23. COMPLIANCE WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
24. NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
25. ENTIRE AGREEMENT. This Agreement constitutes the entire exclusive membership agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both parties.
26. SURVIVABILITY. Except as otherwise expressly set forth in this Agreement or any renewal agreements made in the future, all provisions, terms, conditions, representations, claims, and understandings set forth in the Agreement shall survive the termination, expiration, or non-renewal of this Agreement.
I the Member have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
December 11, 2018