Prime Strength LLC
Agreement, Waiver, and Release Form
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
You have agreed to purchase a membership at a facility that allows you to access at any time. As such, you are aware that there will be times where no supervision or assistance is available. You are also aware that if you are injured, become there will potentially be no one to respond to unconscious, suffer a stroke or heart attack, that your emergency and this facility has no duty to provide assistance to you. Even though this facility is equipped with surveillance cameras, it is likely that should you require immediate assistance, none will be provided. We HIGHLY recommend that you have a workout partner accompany you while at the club.
1. Parties
Prime Strength LLC (“Prime Strength”) and you agree that by signing this agreement, you purchased a
membership or services and agree to all the terms in this agreement. The terms “you” and “Prime Strength” include heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds all these included persons and entities. It is your responsibility to notify Prime Strength of any change in your address or phone number.
2. Representations
Physical Condition & No Medical Advice: You represent that you are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of Prime Strength's facilities. As such, you acknowledge that Prime Strength did not give you medical advice before you joined, and cannot give you any after you join, relating to your physical condition and ability to use the facilities. If you have any health or medical concerns now or after you join, discuss them with your doctor before using the facilities.
A)
Liability for Property: Prime Strength is not liable to you or your guest for any personal property that is damaged, lost, or stolen while on or around Prime Strength's premises including, but not limited to, a vehicle or its contents or any property left in a locker. If you or your guest cause any damage to Prime Strength's facilities, you are liable to Prime Strength for its cost of repair or replacement.
Types of Risk: Member acknowledges there are inherent risks of: (a) injury (such as cuts, bruises, muscle strain, twisted or
sprained ankles, knees, shoulders, or wrists, burns, dirt or other materials in eye, concussions, broken bones, emotional injuries,
landing wrong, over-exertion, paralysis, disability); (b) death; (c) personal injury to third persons; and (d) property damage (Inherent
Risks) that may occur and be caused, in whole or in part, by Prime Strength’s negligence including: (a) defective design or manufacture of)
equipment, (b) improper or negligent installation of equipment; (c) negligent maintenance of equipment; (d) failure of the attraction
surface or attachments; (e) failure to warn; (f) failure to clean; (g) negligently causing equipment failure; (m) error of judgment by
employees; (n) negligent security; and (o) other unknown and unforeseeable hazards associated with participation in the Activities
(Urban Air's Negligence).
ASSUMPTION OF RISKS. KNOWING AND UNDERSTANDING THE INHERANT RISKS THAT COULD RESULT FROM PRIME STRENGTH'S
NEGLIGENCE, MEMBER KNOWINGLY ASSUMES ALL SUCH INHERENT RISKS WITH PARTICIPATING IN THE ACTIVITIES AND
ACCESSING THE PREMISES. MEMBER THEREFORE WAIVES ANY AND ALL RIGHTS MEMBER MAY HAVE OTHERWISE HAD TO
RECOVER MONEY DAMAGES RESULTING FROM PRIME STRENGTH'S NEGLIGENCE FROM PRIME STRENGTH AS MORE FULLY SET FORTH IN PARAGRAPH E, BELOW.
RELEASE AND INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, MEMBER ON BEHALF OF HIMSELF, AND THEIR
HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES. AGREES NOT TO SUE, AND SHALL INDEMNIFY AND DEFEND
PRIME STRENGTH, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE
PREMISES, AND ANY OF THEIR LENDERS, PARENTS. AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS.
SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES.
HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF
THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS.
DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS. FEES, AND EXPENSES (INCLUDING REASONABLE
ATTORNEY'S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR
ARISING QUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY
INJURY (INCLUDING DEATH) TO MEMBER RESULTING IN ANY WAY FROM (A) MEMBER'S USE OF THE PREMISES, (B)
MEMBER'S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT OF PERSONAL PROPERTY,
OR (D) PARTICIPANT'S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY
CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL
MISCONDUCT OF THE PROTECTED PARTIES OR MEMBER.
Entire Agreement & Enforcement: You acknowledge that neither Prime Strength, nor anyone else, made any representations or promises upon which you relied that are not stated in this agreement. This document contains the entire agreement between you and Prime Strength and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Prime Strength does not enforce any right in this agreement for any reason, Prime Strength does not waive its right to enforce it later.
3.Membership
General. Your membership permits you to use Prime Strength's premises, facilities, equipment and services. Your membership is subject to all current company policies, rules and limitations and guest privilege rules. Your membership gives you no rights in Prime Strength, its management, property or operation. Prime Strength may assign or transfer your membership in its sole discretion. Prime Strength can sell memberships at different rates and terms than yours. Any special promotional membership or rate regarding privileges, usage, hours, benefits or facilities is valid only at the home club, unless otherwise noted.
4. Rules & Regulations
You agree to follow Prime Strength's membership policies and club rules. Prime Strength may, in its sole discretion, modify the policies and any club rule without notice at any time, Prime Strength reserves the right, in its sole discretion, to terminate your membership at any time, effective immediately, for violation of any membership policy or club rule.
5. Facilities & Services
Prime Strength reserves the right at any time to delete, discontinue, repair or replace the equipment without any effect on this agreement. Prime Strength also reserves the right to make changes to the type or quantity of equipment or services offered and to alter the hours of operation in Prime Strength's discretion. You acknowledge that the equipment and services in the facilities are available subject to demand and are offered on a “first come first serve basis.”
Prime Strength regularly closes on a temporary basis its facilities (or portions of its facilities) for maintenance, selected holidays, etc. and such temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your home club is permanently closed, moved or sold, Prime Strength reserves the right to assign and transfer your membership to another club within 5 miles of your home club in accordance with the buyer's rights under state law.
6. Dues, Fees, Charges & Taxes
Payment Authorization. You have full control over the payment authorization and can stop it anytime by notifying Prime Strength as set forth on the front page of this agreement or by notifying your bank, or credit card company to stop. You are responsible for notifying your bank of any error that appears on your bank or credit card statement in a timely manner. You must notify Prime Strength within 60 days of a claimed error on your bank statement or credit card statement. If you claim your monthly dues were not stopped when you told Prime Strength you must have written proof or Prime Strength will not reimburse you for any deductions which you claim should not have been deducted.
Charges & Taxes: Prime Strength has the right to add to your prepaid dues or to your monthly dues any tax imposed by the government. Prime Strength also has the right to add any utility charges or surcharges to your prepaid dues and monthly dues.
7. Cancellation Rights (Buyer's Rights)
As a buyer, you have the following rights:
The Club and the undersigned Member agree as of this date to this Agreement as described in the comprehensive list of programs. As a buyer of this membership plan, the Member has the following rights under Section 501.017, F.S.: I, The Club will: a) Refund the Member the pro-rated cost of any unused services, within 15 days after request thereof: if 1) The Member is are unable to receive benefits from the Club’s services by reason of death or disability sufficient to warrant cancellation of the Agreement by Member. The Club may require that the disability be confirmed by an examination of a physician licensed under Chapter 458, 459, 460 or 461, F.S. provided the diagnosis or treatment is within the physician’s scope of
practice; or
2) The Club is relocated more than five (5) driving miles from its present location, or the services provided by the Club are materially impaired, unless the Club provides a facility of equal quality located within five (5) driving miles of the business location designated in this Agreement at no additional cost to the Member. b) Refund the Member the pro-rated cost of any unused services within 15 days after the Club ceases operation or goes out of business. The business location of the Club shall not be deemed to have ceased operations or gone 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. c) Reserve the right to discontinue any programs at any time.
II. The Member is hereby advised to contact the Florida Department of Agriculture and Consumer Services within 60 days in the event that the Club ceases operation or goes out of business. :
III. Memberships can be frozen for medical reasons only.
IV. If rates will be increased due to Club population or usage, such increase will happen in the month of January after the Member’s rate guarantee expires.
V. Cancellations are to be made in person (by delivering written notice to the Club) or by certified mail to the Club. Such a cancellation by the Member shall also terminate automatically the Member's obligation to any entity to whom the Club has subrogated or assigned the Member’s Agreement. If the Club wishes to enforce such Agreement after receipt of such showing, it may request the Florida Department of Agriculture and Consumer
Services (the “Department”) to determine the sufficiency of such showing.
VI. If the Department determines that a refund is due the Member, the refund shall be an amount computed by dividing the Agreement price by the number of weeks in the Agreement term and multiplying the result by the number of weeks remaining in the Agreement term. SHOULD YOU (THE MEMBER) 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 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.
VII, Upon the occurrence of any of the circumstances enumerated in sub paragraphs
1.(a) or (b) or (c) of this section, the Member or his or her estate shall be relieved of any further obligation for payment under the Agreement not then due and owing. The Member hereby acknowledges and agrees that he or she has read the attached comprehensive list of all membership plans offered for sale by the Club, and the respective price of each plan.
The Member realizes that all of the foregoing written material will be honored by the Club and understands the Member's rights of not signing if there are any unfilled blanks, and rights of cancellation and refund policies as listed in the Agreement. The Member further agrees to obey the rules of the Club as modified or amended in the sole discretion of the Club. The Club hereby reserves the right to refund the pro-rated cost of any unused services and remove the Member from the Club at any time that the Member's actions violate the rules of the Club, which are attached hereto or as may be amended or modified in the Club’s sole and absolute discretion. Changes to such rules will be posted within the Club and/or communicated by appropriate means. Member acknowledges and accepts the risk inherent in the use of Club services and facilities. By using the Club facilities and services, the Member hereby assumes the risk of injury, accident, death, disability, loss, cost or damage in his or her person or property which may arise from the use of the Club’s services or facilities. In consideration of the above mentioned parties’ participation in the activities of the Club and/or use of the facilities of the Club, the Member hereby, for the Member and each of the Member's associates and the Member's respective heirs, assigns, and legal representatives, release and forever discharge the Club and ail its affiliated organizations, officers, agents, and employees, acting officially or otherwise, from any and all claims, demands, actions, or causes of action on account of the Member’s death or on account of any injury to the Member, which may occur from any cause during such participation and/or use of the facilities of the Club. All such participation and/or use is undertaken at the Member's own risk and the risk of associates of the Member.
The Member hereby represents that the Member and associate members are physically able to undertake any and all physical activities, exercise or sports activities, or treatment in which Member and his or her associates choose to participate or which is provided by the Club. This Agreement does not cover claims, demands, actions, or causes of action arising from the willful or wanton negligence of the Club or its officers, agents, or employees.
The Member hereby acknowledges that he or she has read and understands and voluntarily enters into this Agreement, including the release and assumption of risk herein, and has received a copy of this Agreement and the attachments hereto. This constitutes the entire Agreement between the Club and the Member. Further, the Member hereby acknowledges receipt of a copy of the Rules of the Club at the time of the Member's execution of this Agreement.
8. Limitation of Liability
Unless controlling legal authority requires otherwise, any award by the arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if
one party told the other party that they might suffer these damages.
9. LICENSE. Member irrevocably grants Prime Strength the right to use all or a portion of an image or video of Member and their name
and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity and without compensation. Member waives the right to inspect or approve images or videos used for the publication or the written copy that may be used in connection with the images/videos. Member releases Prime Strength from any claims that may arise regarding the use of Member's statements, videos, or images including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright.
10. ACKNOWLEDGMENTS. Member represents to the Prime Strength that this Agreement is a complete and final release and indemnity agreement, that Member is voluntarily entering into this Agreement, and no representations, promises, or statements made by
any of the Protected Parties has influenced Member in signing this Agreement. Member agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be
modified in writing, and that Member is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Member expressly agrees that this Agreement is intended to be as broad and inclusive-as is
permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to
Member's use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply. By signing below, Member authorizes Prime Strength to
communicate with Member via email, with updates, news, advertisements, and offers.
11. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, MEMBER AND PRIME STRENGTH KNOWINGLY, WILLINGLY, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY DISPUTE.
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, AND I AGREEE TO BE BOUND AS SET FORTH HERIN.
Because physical exercise can be strenuous and subject to risk or serious injury, the club urges you to obtain
a physical examination from a doctor before using any exercise equipment or participating in any exercise
activity. You agree that if you engage in any physical exercise or activity, or use any club amenity on the
premises including any sponsored club event, you do so entirely at your own risk. Any recommendation for
changes in diet including the use of food supplements, weight reduction and/or body building enhancement
products are entirely your responsibility and should consult a physician prior to undergoing any dietary or
food supplement changes. You agree that you are voluntarily participating in the use of this facility and
assume all risks of injury, illness or death. We are also not responsible for any loss of your personal property.
You acknowledge that you have carefully read this "Waiver and Release Form" and fully understand that it is
a release of liability. You expressively agree to release and discharge the club, and all affiliates, employees,
agents, representatives, successors, or assignee's, from any and all claims to causes of actions and you agree
to voluntarily give up or waive any right that you may otherwise have to bring legal action against the club for
negligence, personal injury or property damage.
Note: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement will remain in full force and effect.
I Agree
PRIME STRENGTH LLC
2135 Siesta Drive, Sarasota, FL 34239
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