Membership Terms and Conditions / Waiver Release
1. General Terms: a. Please read these Membership Terms and Conditions ("Terms", "Terms and Conditions") carefully before using our facility or anchorupfit.com website (jointly referred to as the "Service") operated by Anchor Up Fit ("us", "we", or "our"). b. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. c. These Terms apply to all visitors, users, and others who access or use the Service. d. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
2. Waiver and Release of Liability: a. Participation Risk Acknowledgment: i. I understand and accept the risks associated with participating in training, programs, and events ("Activity") offered by Anchor Up Fitness and Nutrition, LLC. ii. I voluntarily participate in the Activity at my own risk, fully aware of the potential for physical or psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, and death. b. Release of Liability: i. I waive any rights, claims, or causes of action arising from my participation in the Activity. ii. I release Anchor Up Fitness and Nutrition, LLC, and its affiliates from any physical or psychological injury, illness, paralysis, death, damages, economic or emotional loss resulting from my participation in the Activity. c. Indemnification: i. I agree to indemnify and hold harmless Anchor Up Fitness and Nutrition, LLC against any claims, suits, or actions brought by me or on my behalf, including attorney's fees and related costs. ii. I will reimburse Anchor Up Fitness and Nutrition, LLC for any expenses incurred due to such claims. d. Responsibility for Medical Costs: i. I am financially responsible for any medical costs resulting from injuries during the Activity. ii. I acknowledge the importance of carrying my own health insurance. e. Negligence Clause: i. To the extent allowed by law, this release covers negligence by Anchor Up Fitness and Nutrition, LLC, its agents, and employees. f. Property Damage Liability: i. I am liable for any damage to equipment or facilities caused by my or my family's willful actions, neglect, or recklessness.
3. Membership Agreement: a. Memberships: i. Membership pricing is $125, are not prorated, and are only sold as a 30-day service. Services are to be conducted ONLY on site at 2464 S Hwy 29 Cantonment, FL 32533 ii. The initial contract will not be for a period in excess of 30 days. Renewal contracts may not be executed, and the fee therefore paid until the preceding contract expires. iii. Identification is not required by members to enter the facility. b. Membership Payments: I. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (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.
II. There is no option for a contract or extended prepaid membership. Furthermore there is no cancellation fees for memberships. iii. All term memberships and guest fees are collected via auto-debit from either a debit card or credit card. iiii. By providing your debit card or credit card information, you allow Anchor Up Fitness and Nutrition to automatically withdraw dues and fees as they come due each month. c. Family Memberships: i. Family is defined as a spouse or children living in the same household. d. Right to Modify Dues: i. Anchor Up Fitness and Nutrition may increase dues, you will be notified 30 days in advance. e. Cancellation of Membership: i. By Member: 1. A member may cancel his/her membership at any time as membership initiation and cancellations are ENTIRELY controlled by the member. Partial month memberships are not permitted.
ii. Due to Change of Location / Out of Business: 1. Cancellation and refund of the contract will be given if the contracting business location of Anchor Up Fitness and Nutrition goes out of business, or moves its facilities more than 5 driving miles from the business location designated in the contract. 2. Members are entitled to the penalty-free cancellation of this contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Anchor Up Fitness and Nutrition, and refund upon such notice of all monies paid under the contract, except that Anchor Up Fitness and Nutrition 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 30 days after receipt of the notice of cancellation. 3. Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should Anchor Up Fitness and Nutrition go out of business. 4. A member’s notice of his/her intent to cancel shall be given in writing to the health studio. And that such a notice of cancellation shall also terminate 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 such contract after receipt of the notice, it may request the Florida Department of Agriculture and Consumer Services (FDACS) to determine the sufficiency of the notice. If FDACS 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 shall not be deemed out of business when temporarily closed for repair and renovation of the premises: 1. Upon sale, for not more than 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.
iii. Death / Medical Need: 1. If the member dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability, with a refund of funds paid or accepted in payment of the contract.
4. Age Requirements and Supervision of Children: i. Members must be 18 years or older unless supervised by a parent or legal guardian at all times. II. Guests/visitors under 18 must be supervised by a parent or legal guardian at all times. c. Children in Kid's Room: I. Anchor Up Fitness and Nutrition, LLC does not provide supervision. ii. Parents/guardians assume all responsibility for their children’s behavior and safety.
5. Photo Use Release: a. Authorization: i. I grant Anchor Up Fitness and Nutrition, LLC the right to use any photos or videos taken of me for promotional materials, including newsletters, flyers, posters, brochures, advertisements, and digital communications. ii. This authorization extends indefinitely unless revoked in writing. b. Property of Materials: i. All materials become the property of Anchor Up Fitness and Nutrition, LLC and will not be returned. c. Release from Liability: i. I release Anchor Up Fitness and Nutrition, LLC from all liability, petitions, and causes of action related to the use of these materials.
6. Additional Agreements: a. Email, Text, and Fax Communication: i. I understand the privacy risks associated with electronic communication. ii. I agree to assume these risks and not to communicate information I wouldn’t want included on a postcard. 7. Participant Acknowledgment: a. Age and Competence: i. I affirm that I am 18 years or older and legally competent to sign this Agreement. ii. I have read and fully understand the contents of this Agreement and acknowledge it as a release of liability. b. Free Will: i. I am signing this Agreement of my own free will, with a full understanding of its terms.
8. Purchases: i. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase. ii. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. iii We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. iiii. We may offer the option to schedule one or more payments to be automatically deducted from your checking, savings, or credit account ("Subscription billing"). iiiii. You agree to notify Anchor Up Fitness and Nutrition in writing of any changes in your account information or termination of this authorization at least 15 days prior to the next billing date.
9. Availability, Errors, and Inaccuracies: i. We are constantly updating our offerings of products and services on the Service. ii. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10. Contests, Sweepstakes, and Promotions: i. Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. ii.. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
11. Accounts: i. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. ii.. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
12. Intellectual Property: I. The Service and its original content, features, and functionality are and will remain the exclusive property of Anchor Up Fitness and Nutrition and its licensors.
13. Links To Other Web Sites: i.. Our Service may contain links to third-party web sites or services that are not owned or controlled by Anchor Up Fitness and Nutrition. ii.. Anchor Up Fitness and Nutrition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
14. Termination: i.. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
15. Indemnification: i. You agree to defend, indemnify, and hold harmless Anchor Up Fitness and Nutrition and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service.
16. Limitation Of Liability: a. In no event shall Anchor Up Fitness and Nutrition, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages.
17. Disclaimer: i. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
18. Exclusions:
i. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
19. Governing Law: i. These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
20. Changes: i. We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
22. Miscellaneous: a. Lost Articles: i. Anchor Up Fitness and Nutrition assumes no responsibility for lost or stolen articles. b. Smoking, Alcohol, Food and Drink: i. No smoking is allowed in any part of the facility. ii. Food or drink may be taken into the facilities if it is in a non-breakable, enclosed container. No alcohol is permitted anywhere on the premises. c. Damages: i. Members shall pay for any damages to Anchor Up Fitness and Nutrition property which results from the willful or negligent conduct of member, member’s guest, or dependent children. d. Rules and/or Regulations: i. Members who do not observe the rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership of anyone who refuses to observe any of Anchor Up Fitness and Nutrition’s rules or regulations. e. Sauna Use: i. Do not drink alcohol as this may make you tired, drowsy, or sleepy. ii. Do not consume soda, sugary drinks, or drinks containing caffeine before your sauna. iii. Do not use the sauna after a large meal. iv. Do remove all clothing if at all possible. v. Do not allow children in a sauna unless otherwise cleared by Anchor Up Fitness and Nutrition. vi. Do not use a sauna if you suffer from certain medical issues. vii. It is inadvisable to use a sauna if you have any silicon implants or surgical replacements until you have consulted your physician. viii. For other medical conditions, you should check with your primary health care professional. ix. Do not stay in the sauna if at any time you feel nauseated or lightheaded. f. Challenge / Program Participants (Non-Gym Members): i. Participants hereby accept all agreements under "Membership" and following. ii. Drop-in Class Rate: Drop-in fees are paid in advance of each session. g. Availability of Facility: i. Class or by Appointment only: Anchor Up Fitness and Nutrition does not provide an “Open Gym” facility. ii. Limited Availability: Anchor Up Fitness and Nutrition may close its Facility for seminars, certifications, maintenance, selected holidays, and other hours based on municipal requirements. iii. Limited Use: If you know or should know you have a problem that might prevent you from using Anchor Up Fitness and Nutrition and you sign this Agreement; you agree that your membership is limited accordingly.
23. Participant Acknowledgment: i. I have read this document and understand that it is Membership Terms and a release of liability. ii. I expressly agree to release and discharge Anchor Up Fitness and Nutrition, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Anchor Up Fitness and Nutrition, LLC for personal injury or property damage.
24. Entire Agreement: i. This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. ii.. The provisions of this may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties. iii.. If any portion of this Agreement is deemed illegal, void, or unenforceable, then the remaining Agreement shall remain in effect.
Sign (Digital is accepted) x_________________________________________ Today's Date: July 26, 2024 Department of Agriculture and Consumer Services Health Studio Registration #HS13970
| 