TERMS & CONDITIONS // WAIVER AND RELEASE OF LIABILITY

WAIVER AND RELEASE OF LIABILITY

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the anchorupfit.com website (the "Service") operated by Anchor Up Fitness and Nutrition ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

In consideration of the risk of injury while participating in training, programs, and/or events (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Anchor Up Fitness and Nutrition, LLC, located at 2464 S Highway 29, Cantonment, Florida 32533, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Anchor Up Fitness and Nutrition, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Anchor Up Fitness and Nutrition, LLC incurs any of these types of expenses, I agree to reimburse Anchor Up Fitness and Nutrition, LLC.

I acknowledge that Anchor Up Fitness and Nutrition, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Anchor Up Fitness and Nutrition, LLC.

I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I acknowledge and will adhere the following rules of sauna use:

Do not drink alcohol as this may make you tired, drowsy or sleepy. This is not a good thing as it may inadvertently affect the amount of time you spend in the sauna. This could lead to dehydration.
Do not consume soda, sugary drinks or drinks containing caffeine before your sauna. A few glasses of water is highly recommended to reduce the risk of dehydration or heat stroke. When you are sweating profusely you can quickly deplete your bodies water content.
Do not use the sauna after a large meal. It is advisable to wait between 1 and 2 hours after eating before entering the sauna.
Do remove all clothing if at all possible as they tend to stick to damp skin and may cause overheating. No jewelry should be worn either as metal tends to heat up quickly and can cause burns.
Do not allow children , as posted, in a sauna unless otherwise cleared by Anchor Up Fitness and Nutrition.
Do not use a sauna if you suffer from certain medical issues as it may have an adverse effect. A few of these conditions are: severe aortic stenosis, recent heart attack, unstable angina, a brain tumor or a stroke caused by bleeding in the brain.
It is inadvisable to use a sauna if you have any silicon implants or surgical replacements (Hip, Knee) until you have consulted your physician as it is a little controversial at this stage.
For other medical conditions you should check with your primary health care professional. It is always a good idea to ask for medical advise as a sauna can also have adverse effect on certain medications. No sauna safety tips are complete without saying “See your doctor first”.
Do not stay in the sauna if at any time you feel nauseated or light headed as this could indicate your body is detoxifying at a greater speed than it should or the temperature is to high.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. 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.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Anchor Up Fitness and Nutrition, LLC, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Anchor Up Fitness and Nutrition, LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

Supervision of Children –

Members must be 18 years of age or older unless supervised by a parent or legal guardian at all times.
Guests/Visitors under the age of 18 must be supervised by a parent or legal guardian at all times.
Children may play in the kid’s room but Anchor Up Fitness and Nutrition is not a daycare service and will not provide supervision of children in the kid’s room. Parents/guardians assume all responsibility for their children. Please consider physical and emotional maturity before leaving any child in the kid’s room.

I hereby grant and authorize Anchor Up Fitness and Nutrition, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing.

I understand and agree that these materials shall become the property of Anchor Up Fitness and Nutrition, LLC and will not be returned.

I hereby hold harmless, and release Anchor Up Fitness and Nutrition, LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.

Membership Agreement –

WAIVER AND RELEASE OF LIABILITY

Anchor Up Fitness and Nutrition, LLC, located at 2464 S Highway 29, Cantonment, Florida 32533,

their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I acknowledge and will adhere the following rules of sauna use:

1. Do not drink alcohol as this may make you tired, drowsy or sleepy. This is not a good thing as it may inadvertently affect the amount of time you spend in the sauna. This could lead to dehydration.

2. Do not consume soda, sugary drinks or drinks containing caffeine before your sauna. A few glasses of water is highly recommended to reduce the risk of dehydration or heat stroke. When you are sweating profusely you can quickly deplete your bodies water content.

3. Do not use the sauna after a large meal. It is advisable to wait between 1 and 2 hours after eating before entering the sauna.

4. Do remove all clothing if at all possible as they tend to stick to damp skin and may cause overheating. No jewelry should be worn either as metal tends to heat up quickly and can cause burns.

5. Do not allow children , as posted, in a sauna unless otherwise cleared by Anchor Up Fitness and Nutrition.

6. Do not use a sauna if you suffer from certain medical issues as it may have an adverse effect. A few of these conditions are: severe aortic stenosis, recent heart attack, unstable angina, a brain tumor or a stroke caused by bleeding in the brain.

7. It is inadvisable to use a sauna if you have any silicon implants or surgical replacements (Hip, Knee) until you have consulted your physician as it is a little controversial at this stage.

8. For other medical conditions you should check with your primary health care professional. It is always a good idea to ask for medical advise as a sauna can also have adverse effect on certain medications. No sauna safety tips are complete without saying “See your doctor first”.

9. Do not stay in the sauna if at any time you feel nauseated or light headed as this could indicate your body is detoxifying at a greater speed than it should or the temperature is to high.

Agreement Continued:

I hereby affirm that I am entering a course or instruction in physical fitness and/or performance training and/or nutritional consultation. By enrolling in this course I certify that I am cognizant of all of the inherent dangers of physical fitness and therapy, nutrition and diet changes, and the basic safety rules for activities connected herewith.

I understand and agree that neither The Diet Doc, LLC, nor its owners, operators, agents, or instructors may be held liable in any way for any occurrence in connection with my physical fitness and performance or nutrition/diet changes, which may result in injury, death, or damages to me or my family, heirs, or assignees. I further acknowledge and forever release The Diet Doc, LLC, its owners, operators, agents, and instructors in connection directly or indirectly with my physical fitness training and therapy and nutrition/diet changes as a result of The Diet Doc, LLC, its owners, operators, agents, and instructors own negligence, which may result in injury, death, or damages to me or my family, heirs, or assignees.

In consideration of being allowed to enroll in this course I hereby personally assume all risks connected with the course, and I further release The Diet Doc, LLC, the instructors, program, agents, and operators, including but not limited to the persons mentioned for any injury or damage which may be incurred by me while I am enrolled in the fitness or performance course and nutrition/diet programs, including all risks connected therewith, whether foreseen of unforeseen; and further to save and hold harmless the program and persons from any claim by me, or my family, estate, or heirs, or assignees, arising out of my enrollment and participation in this course.

I further state that I am of lawful age and legally competent to sign this aforementioned release; that I understand that the terms herein is contractual and not a mere recital; and that I have signed this document as my own free act.

I have fully informed myself of the contents of this aforementioned and release by reading it before I sign it, I have been advised to submit at my own expense and time, to a medical examination to ensure myself, and assume my own responsibility of physical fitness and capability to perform under the normal conditions of the fitness and therapy program and/or nutrition/diet program, and am physically fit as tested by medical examination. I also understand that the owner reserves the right of membership.

I agree that I am purchasing a consulting program, which requires skill and assessment of professional staff. I understand that customized programming is being created solely for me. Due to the proprietary and intellectual property involved, refunds will not be issued.

I am aware that computer e-mail, texts, and e-fax communication, can be relatively easily accessed by unauthorized people and hence can compromise the privacy and confidentiality of such communication. I understand that e-mails, texts, and e-faxes, in particular, are vulnerable to such unauthorized access due to the fact that servers or communication companies may have unlimited and direct access to all e-mails, texts and e-faxes that go through them and while data on The Diet Doc, LLC, staff computers and electronic devices. I understand it is always a possibility that e-faxes, texts, and e-mail can be sent erroneously to the wrong address and computers and that unencrypted e-mail or texts provide as much privacy as a postcard. I agree not to communicate any information to my consultant that I would not want to be included on a postcard that is sent through the Post Office. I understand that e-mail messages on my computer, my laptop, tablet, phone or other devices have inherent privacy risks – including when my e-mail access is provided through my employer or when access to my e-mail messages is not password protected.

I understand that e-mails, faxes, and texts are all part of my clinical records and that phone messages are transcribed and sent via unencrypted e-mails.

I understand that I can decide to avoid or limit, in any way, the use of e-mail, texts, cell phone calls, phone messages, or e-faxes by notifying The Diet Doc, LLC. I understand that if I communicate confidential or private information via unencrypted e-mail, texts or e-fax or via phone messages, it will be assumed that I have evaluated the risks and made an informed decision and The Diet Doc, LLC, will view it as my agreement to take the risk that such communication may be intercepted, and my desire to communicate on such matters will be honored.

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.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Anchor Up Fitness and Nutrition, LLC, its agents, and employees.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

PHOTO USE RELEASE

I understand and agree that these materials shall become the property of Anchor Up Fitness and Nutrition, LLC and will not be returned.

If the person signing is under the age of consent, then this release is assumed to be signed by a parent or guardian

Purchases

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 including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. 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. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Due to the nature of intellectual property and ecommerce law, there are no refunds for programming purchases. We may offer the option to schedule one of more payments to be automatically deducted from your checking, savings, or credit account ("Subscription billing"). When you make a purchase with subscription billing, your payment authorization will remain in effect until the programming agreement is paid in full, and 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. If the above noted periodic payment dates fall on a weekend or holiday, the payment may be executed on the next business day. In the case of an ACH/EFT Transaction being rejected for Non Sufficient Funds (NSF), Anchor Up Fitness and Nutrition may at its discretion attempt to process the charge again within 30 days, and an additional service charge for each attempted and returned NSF will be initiated as a separate transaction from the authorized recurring payment. The origination of ACH/EFT transactions to your account must comply with the provisions of U.S. law. You agree not to dispute this recurring billing with your bank so long as the transactions correspond to the terms indicated here. You may prepay any portion of the total purchase amount without penalty. Failure to continue ACH/EFT transactions to fulfill your purchase results in the remainder of the program cost to come due immediately.

Availability, errors and inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

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. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Anchor Up Fitness and Nutrition.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Anchor Up Fitness and Nutrition. Anchor Up Fitness and Nutrition has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 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. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

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. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

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 a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

All of the information presented on this site is for educational and resource purposes only. It is there to help you make informed decisions about health related fitness issues. It is not a substitute for any advice given to you by your physician. Always consult your physician or health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in this text is at the sole choice and risk of the reader. You are solely responsible for the way you perceive and utilize information in this text and you do so at your own risk. In no way will Joe Klemczewski, Kori Propst, or any persons and or entities associated with Anchor Up Fitness and Nutrition be held responsible for any injuries or problems that may occur due to the use of this text or the advice contained therein. Prior to beginning any physical fitness regimen or making any nutritional changes you are strongly urged to consult your physician. 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, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Anchor Up Fitness and Nutrition its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

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.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

If you have any questions about these Terms, please contact us. Please follow the link to the Contact page on this website to find our contact details. This document was last updated on June 27th 2018.

1. Lost Articles - Anchor Up Fitness and Nutrition assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

2. Smoking, Alcohol, Food and Drink. - No smoking is allowed in any part of the facility. 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.

3. Supervision of Children –

a. Members must be 18 years of age or older unless supervised by a parent or legal guardian at all times.

b. Guests/Visitors under the age of 18 must be supervised by a parent or legal guardian at all times.

c. Children may play in the kid’s room but Anchor Up Fitness and Nutrition is not a daycare service and will not provide supervision of children in the kid’s room. Parents/guardians assume all responsibility for their children. Please consider physical and emotional maturity before leaving any child in the kid’s room.

4. Conduct - Anchor Up Fitness and Nutrition is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Anchor Up Fitness and Nutrition has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership without refund of any member engaging in unacceptable behavior.

5. Damages - 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.

6. Rules and/or Regulations - Members who do not observe Anchor Up Fitness and Nutrition 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. Not all rules and regulations are listed in this agreement. Anchor Up Fitness and Nutrition reserves the right to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by Anchor Up Fitness and Nutrition.

7. Miscellaneous –

a. 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. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties

b. Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.

c. If any portion of this agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.

8. Challenge / Program Participants (Non-Gym Members) -

a. Participants: Participants hereby accept all agreements under "Membership" and following.

b. Drop-In Class Rate: Drop in fees are paid in advance of each session. (Not required by Challenge participants)

9. Availability of Facility -

a. Class or by Appointment only: Anchor Up Fitness and Nutrition does not provide an “Open Gym” facility. Members may use the facilities only during scheduled classes, scheduled events or by appointment. Operating hours and current class schedules are listed on our website at www.anchorupfit.com. Anchor Up Fitness and Nutrition reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement.

b. Limited Availability: Anchor Up Fitness and Nutrition may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. Anchor Up Fitness and Nutrition may delete, change, discontinue, repair, or replace any part or all of the Facility without any effect on this Agreement. If no part of the Facility is unavailable for more than three (3) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, Anchor Up Fitness and Nutrition will extend your membership, without Dues, for the same period the Facility was unavailable. Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel this membership effective the following 1st of the month. Anchor Up Fitness and Nutrition will not be responsible for refunding any membership fees paid, including advance payments up to 12 months. Any memberships that are paid for more than 12 months in advance will have the portion corresponding to a term beyond 12 months refunded.

c. Limited Use: If you know or should know you have a problem that might prevent you from using Anchor Up Fitness and Nutrition (i.e., medical or family emergency, business travel, vacation, etc…) and you sign this Agreement; you agree that your membership is limited accordingly. However, because this is your choice, you still must pay your monthly dues as if you could use the Facility; there will be no carry-over of monthly dues into subsequent months for any time unspent using the Facility in a previous month. See our Cancellation Policy for other options.

10 Declined Credit Card Fees - A declined credit card/debit card may result in a fee of $25.

11 Membership -

a. Memberships: Monthly Dues are not prorated and are only sold as a 30 day service.

b. Membership Payments: All term memberships and guest fees are collected via auto-debit (i.e., electronic funds transfer) from either a debit card or credit card. 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. (Challenge / Program participants excluded.) Membership fees must be paid on or before their monthly due date. Members who are not current will not be allowed to participate in classes.

c. Family Memberships: Family is defined as spouse or children living in the same household. Only one member is allowed to satisfy dues. If a family membership drops to one member, the Dues change to the Individual rate in effect at that time.

d. Right to Modify Dues: Anchor Up Fitness and Nutrition may increase dues, but you will be notified 30 days in advance.

e. Cancellation of Membership:

1. By Member - A member may cancel his/her membership at any time with at least a 3 day notice. Please remember partial month memberships are not permitted. Cancellation of the 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 moneys 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 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 services have been rendered. A refund shall be issued within 30 days after receipt of the notice of cancellation made within 3 days. Written intent to cancel can be delivered to Anchor Up Fitness and Nutrition in person. The notice of cancellation from the consumer terminates automatically the consumer’s obligation to any entity to whom Anchor Up Fitness and Nutrition has subrogated or assigned the consumer’s contract. If Anchor Up Fitness & Nutrition wishes to enforce the contract after receipt of the notice, it may request the Department of Agriculture and Consumer Services determine the sufficiency of the notice. If the department determines that a refund is due the 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.

2. Due to Change of Location / Out of Business -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 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 member. The business location of Anchor Up Fitness and Nutrition may not be deemed out of business when temporarily closed for repair and renovation of the premises:

a. Upon sale, for not more than 14 consecutive days; or

b. During ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year.

Member is advised to contact the department for information within 60 days Anchor Up Fitness and Nutrition go out of business.

3. Death / Medical Need - 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 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 member or the 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 the member is established if the member furnishes to Anchor Up Fitness and Nutrition a certification of such disability by a physician licensed under chapter 458, chapter 459, chapter 460, or chapter 461 to the extent the diagnosis or treatment of the disability is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.

SHOULD YOU (THE 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.

Today's Date: April 28, 2024

Department of Agriculture and Consumer Services Health Studio Registration #HS13970

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Adult Minor(s)Adult and Minor(s)
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First Participant's Age Acknowledgment*

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Second Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Fourth Participant's Date of Birth*

Fifth Participant's Name

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Fifth Participant's Date of Birth*

Sixth Participant's Name

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Sixth Participant's Date of Birth*

Seventh Participant's Name

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Seventh Participant's Date of Birth*

Eighth Participant's Name

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Eighth Participant's Date of Birth*

Ninth Participant's Name

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Tenth Participant's Name

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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