WELCOME TO MIAMI STRONG! Miami Strong (the "Club") is dedicated to providing our members with a safe, clean, enjoyable and productive work environment, and have designed the terms of our Membership Agreement to help ensure just such an environment.
Subject to statutory provisions at the end of this Agreement, which shall prevail over any inconsistent terms herein:
I. YOUR RIGHT TO CANCEL
a. You may terminate this Agreement, and/or this Agreement shall be deemed terminated, as follows: (a) you may terminate this Agreement due to a significant physical disability as evidenced by a written note from your physician; (b) if you die, this Agreement shall be deemed terminated and your estate shall be relieved of any further obligation for payment under the Agreement not then due and owing; or (c) if the services of the Club cease to be offered as stated in this Agreement, this Agreement shall be deemed terminated.
b. A member may cancel his/her membership by filling out a Cancellation Request Form and submitting that form to The Club no later than 7 days before the next billing date of their membership. If you fail to cancel your membership before the 7-day time period, and still wish to cancel your membership, you will be charged a $20 late cancel fee. If your membership gets billed before you cancel your membership and still wish to cancel, and are requesting a refund, you will only be refunded 50% of your membership fee due to failure of requesting to cancel before the 7-day time period of the billing date. The Cancellation Request Form can be filed out at the physical location of the Club, in-person; or the Cancellation Request Form can be sent to the member via email. The Cancellation Request Form must have all applicable information completed, and sent back to firstname.lastname@example.org from the email documented on Members account with Club. This will only apply to month-to-month memberships that are not obligated to a contractual end date membership agreement.
c. Upon signing, initialing, and/or clicking the digital acknowledgment box below on this document and agreeing to a month-to-month, auto-debit billing membership, you agree that your membership is subject to a minimum of 2 months of auto-debit payments starting with the first payment. After the second consecutive payment, and if you wish to cancel your membership, you can submit a cancellation request form in accordance to line 'b' on this page above.
d. For any membership that specifies an end-date, and requires monthly payments until that end-date is completed, member will be responsible for said monthly payments for the duration of the contractual agreement. If member wishes to cancel his/her membership before the specified end-date of their specific agreement, member must pay 50% the remaining months on their contract immediately in a single, lump sum fee.
e. ALL SALES ARE FINAL from the initial moment of purchase of any membership. Membership fees will not be refunded. No refunds on unused months.
UPDATE (March 18 2020) In light of the Mandatory Statewide Shutdown of businesses due to Corona Virus (aka Covid19) - Starting Today, March 18th 2020, any exisiting memberships will be automatically set to "Frozen Membership Status", a.k.a - "freeze", free of charge, and will not be billed until we receive notice that we are clear to re-open the buisness. **If you have been billed on any of the dates between March 1st 2020 through March 17th, 2020 you will be gifted back time to account for 30 days of paid membership in correspondence to when you were billed and when the buisness was forced to temporarily close: ex. if billed on March 1st 2020, you will be gifted 14 days back (30 days of membership, minus 17 days business still open for access). ex. 2 if billed on March 10th, 2020, you will be gifted 23 days back (30 days of membership, minus 7 days business still open for access). ex. 3 if billed on March 17th, 2020, you will be gifted 30 days back (30 days of membership, minus 0 days business still open for access).
UPDATE (June 8th 2020) Business in Miami-Dade County, Florida are officially allowed to re-open businesses with new guidelines - Starting Today, June 8th 2020, Miami Strong will re-open for business. Memberships will resume billing starting June 8th 2020. *Please refer to above line if you were billed between March 1st 2020 through March 17th 2020. **If you are not ready to return to Miami Strong Gym, any current membership on file will remain as a "Frozen Membership", free of charge, until Sept. 8th 2020.
UPDATE (Sept 8th 2020) Frozen Memberships from March 1st 2020 - March 17th 2020 will no longer be frozen free of charge - Starting today Sept 8, 2020, if you wish to keep your current membership rate/founding membership rate, you will be accountable for the original "Freeze Policy" on Line V. which states you can freeze your membership at a rate of $20 dollars per month, up to 3 months in a calander year. If you do not wish to continue to "freeze" your membership at the rate of $20 dollars per month, any existing memberships in your account will be cancelled and any credited/gifted monies or equivalent amount in membership days/time surrendered. Gifted time due to membership billing during dates of March 1st 2020 though March 17th 2020 will be valid until Dec 8th 2020, equivalent to the maximum 3 consecutive months allowed for "frozen memberships" as per line V. of the original membership agreement. ex. if you continue to freeze your membership at the $20 dollars per month rate Starting Sept 8th 2020, for 3 consecutive months, you must start using your gifted time no later than Dec 8th 2020. After gifted time is completed, regular monthly billing will resume for your membership, however you will no loger be elibable for additional paid frozen months due to the maximum amount of frozen months alloted having already been used from Sept 8th 2020 though Dec 8th 2020.
f. ALL SALES ARE FINAL from the initial moment of purchase for any membership that is paid in full for a duration of 1 month to 12 months in length. No refunds on unused Months.
II. CLUB'S RIGHT TO CANCEL: By initialing below, you understand and agree that the Club may terminate your membership at any time for any reason, or no reason at all. If the Club terminates this Agreement because you have violated the terms of this Agreement or any other policies and rules that the Club has provided to you in writing or otherwise posted in the facilities or otherwise for cause, the termination shall be effective immediately upon written notice to you from the Club and you shall not be entitled to a refund of any amounts paid by you to the Club.
III. Check-in Policy. A Member must check in each time that he/she uses the Club by presenting his/her current membership card, fob or phone app check-in (as applicable) at the front desk upon arrival. Club usage may be denied to Member if he/she does not present card/fob. The Club may either close or operate at reduced hours on holidays. Business hours, policies, and regulations are subject to change without notice.
IV. Membership Fees and Cancellation
a. Subject to cancellation of your membership by the Club, membership can be either on a month-to-month basis or a contract basis. Membership use and services must be paid for in advance. All members must have a credit or debit card on file at all times regardless of their form of payment for each month. All memberships will be charged monthly or annually, as the case may be, indefinitely, at the selected membership rate, as may be revised from time-to-time upon written notice to all members, until this Agreement is cancelled in accordance with the terms hereof. All monthly memberships may be subject to proration for the initial month of sign-up.
b. EFT Authorization: Member hereby authorizes Miami Strong LLC or its assigns to make monthly charges or withdrawals ("Auto-Debit") from the credit/debit card on file used to pay the Club membership fees. Member understands that Member is entitled to notice of all varying charges and withdrawals under the EFT Authorization. Member may change the credit/debit card designated herein upon phone call or in-person interaction before the next monthly auto-debited charge. Member may timely notify the financial institution in control of Member's account to terminate this EFT Authorization, but such notification will constitute a default, unless another form of payment will be made, and may cause all sums under this Agreement to be due and payable immediately together with all costs of collection to the extent permitted by law, and termination of this Agreement.
c. Miami Strong LLC or its assigns reserves the right to add the following fees to Member's account balance, should any of the following occur: Resubmit unpaid EFT draft ($20.00); unpaid EFT draft (after re-submittal) ($20.00); unpaid credit card debit ($20.00); unpaid Member check ($30.00). Payments received more than ten (10) days after the due date are assessed a late fee of $20.00. In addition, Miami Strong LLC will charge Member a $30.00 NSF fee for any and all returned checks.
d. By signing at the end of this Agreement, Member hereby agrees to this EFT authorization agreement.
e. Member agrees all fees, class schedules and operating hours are subject to change by the Club from time-to-time and at any time; provided, however, that the Club will provide all members with written notice (which may include via e-mail) of any membership fee changes.
f. If Member does not pay, or has not paid Club membership fees at the start of a new billing period:
i. Month-to-Month Memberships, Class Packages, Gym Only Packages: If Member is seen utilizing the Club facilities during the unpaid billing cycle, Member will have the opportunity to pay for either a day/class pass at ($20 for regular gym use or $25 for class use) for the use of Club facilities on that day of use, or to pay for all and any unpaid membership fees. If Member pays for a day pass, Member will be given the opportunity to renew or cancel the membership that same day at no additional charge. If Member does not pay for either a single use pass or for unpaid fees, Club reserves the right to send any unpaid membership fees and/or late fees to a collection agency, for that unpaid billing period, due to use of Club facilities without prior payment. This information will be sent to a collection agency no less than 30 days from the start of failed billing cycle payment. Member's Club membership will be terminated, and the Club reserves the right, in its sole discretion, to maintain the termination of membership indefinitely or until all past due fees and costs are paid. And If Member has not entered into the Club during the billing cycle for which unpaid Membership fees are owed, and Member has not notified Club of cancellation via completed Cancellation Request From, and the Member has not paid for said fees within 30 days, Club reserves the right, in its sole discretion, to terminate membership indefinitely, and nullifying any/all discounted rates previously agreed upon. If Member wishes, at a later date, to re-activate his/her membership, Member will only be allowed to rejoin the Club, by paying a $50 dollar, non-refundable, re-activation fee.
ii. Contract Agreement Memberships, Personal Training packages. If Member is seen utilizing the Club facilities during the unpaid billing cycle, Member will have the opportunity to pay unpaid fees that same day with no additional charges within 14 days.
g. If Member does not pay for unpaid fees on that day they are seen utilizing the Club, the Club reserves the right to send any unpaid membership fees and/or late fees to a collection agency, for that unpaid billing period, due to use of Club facilities without prior payment. This information will be sent to a collection agency no less than 30 days from the start of failed billing cycle payment. Member's Club membership will be terminated, and the Club reserves the right, in its sole discretion, to maintain the termination of membership indefinitely or until all past due fees and costs are paid.
h. And If Member has not entered into the Club during the billing cycle for which unpaid Membership fees are owed, and Member has not notified Club of cancellation via completed Cancellation Request From, and the Member has not paid for said fees within 60 days, Club reserves the right, in its sole discretion, to send the remaining balance of the unpaid contractual membership fees and/or late fees to a collection agency. Members membership will be terminated indefinitely, and nullifying and/all discounted rates previously agreed upon. If Member wishes, at a later date, to re-activate his/her membership, Member will only be a lowed to rejoin the Club after all previous contractual fees are paid.
i. Subject to the termination provisions discussed elsewhere in this Agreement, Member's obligation to pay monthly or annual membership fees, as the case may be, continues in full force and effect until the last day of the month in which the membership is terminated in accordance with the terms of this Agreement or the end of the year for annual memberships, regardless of whether or not Member utilizes the Club facilities. Except as specifically provided for elsewhere in this Agreement, under no circumstances will the Club reimburse or refund Member, or not be entitled to collect, the membership fees from Member as described in this Agreement, for periods during which Member has not used or is not entitled to use the Club facilities or for any other reason. This applies to both month-to-month memberships as we l as annual memberships that have been paid in advance.
j. The obligation to pay dues is not dependent on the availability of all the Club's facilities. Special engagements, repairs, and maintenance of some facilities may make it necessary for the Club to restrict use of, or close, one or more of the facilities. Fees will not be reduced or suspended during the time when one or more of the facilities are not available.
k. Members may cancel monthly memberships by notifying Club personnel of his/her wish to cancel prior to the first day of the month to be cancelled in the manner described in Section 15 below. There are no refunds for membership fees, and the Club will not prorate a cancelled membership. Anyone who cancels must obtain a cancellation confirmation number from the Club. This confirmation number will be used for reference and proof of cancellation. The Club will not accept cancellation claims without a confirmation number.
V. Freeze Policy. Members may put their membership on a "freeze", in one calendar month increments, for up to 3 calendar months per calendar year. Notice of freeze must be given to Club personnel over the telephone or in person any time during business hours 7 days prior to next membership billing date. Members will be billed at a rate of $20 per month to freeze a membership. Regular membership billing will resume automatically upon the end of freeze unless this Agreement is otherwise terminated in accordance with the terms hereof. Annual memberships that are frozen will have the current membership year extended by the number of frozen months. Anyone who freezes his or her membership must obtain a freeze confirmation number/letter from the Club. This confirmation number will be used for reference and proof of freeze. The Club will not accept freeze claims without a freeze confirmation number.
VI. Member's Health Warranty. Member represents and warrant to the Club that Member is in good health and has no disability impairment, disease or aliment preventing him/her from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his/her use of the Club facilities.
VII. Attire. Proper attire is required for all members using the Club facilities. Shirts, shoes, and clean, un-torn clothing are mandatory. The Club has the right to prevent Member from using any of the Club facilities at any time if the proper attire is not worn. No bathing suits or briefs without tights or leg coverings are allowed. Proper footwear must be worn as follows:
a. Aerobics. Court-type or aerobics shoes only, unless otherwise specified by the instructor.
b. Weight Training and General Exercise. No open toed shoes, thongs, sandals, street shoes, bare feet, or soft, slipper-type shoes are allowed.
VIII. Equipment. All equipment must be used for the purposes for which they were intended and designed. If Member is not familiar with use of any equipment at Club facilities, he/she must arrange instruction with a staff member or personal trainer. Instruction is available to members as part of their membership. Members must be familiar with and observe Club rules and regulations posted in the Club facilities. Members who do not observe Club rules and regulations or who abuse equipment in any fashion will be asked to leave the premises and the Club reserves the right to terminate the membership of any Member who refuses to observe any of the Club's rules or regulations.
IX. Conduct. The Club is committed to the health, safety, and welfare of each of its members and staff and will not tolerate any inappropriate, including, for example, loud and abusive, offensive, insulting, demeaning, unreasonable, threatening, obscene, harassing, indecent, profane or illegal language or behavior. The Club has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.
X. Prohibited Items and Activities. The following items and activities are prohibited:
a. No Alcohol, Drugs, or Smoking: You cannot engage in any activity at the Club while under the influence of i legal drugs or alcohol. The Club does not permit smoking, alcohol, or illegal drugs, including steroids, in any of its facilities. No food or drink is allowed beyond the juice bar designated areas or entrance lobby to the Club facilities. Water or other non- alcoholic drinks may be taken into workout areas if in non-breakable, enclosed containers.
b. No glass containers of any type will be allowed in the workout areas.
c. No Weapons: No weapons of any kind are permitted in Club facilities.
d. Photos or Filming: No professional or amateur photography/filming allowed without management approval. Photography or filming of others is not permitted without their prior knowledge and consent, and under no circumstances is any photography or filming permitted in the locker rooms, bathrooms and other private areas of the facilities.
e. Food & Beverages: We reserve the right to limit the consumption of food or beverages in workout areas.
f. Personal Training: No member or guest may train another member or guest for compensation.
g. Outside Equipment: The Club reserves the right, in its sole discretion, to limit or restrict the use of outside equipment.
XI. Personal Training. The Club is staffed in part by fitness/personal trainers. Access to these trainers is complimentary during the trainer "Floor shifts" when applicable, but does not constitute any obligation of the trainer to perform a formal training session. Trainers are available during "Floor shifts" to guide and instruct members regarding proper equipment/facility use. Trainers are available for private, paid training sessions. All members are entitled to 1 complimentary private training session per calendar year. Outside trainers (or anyone acting as a trainer) may not do business of any kind in our facility, whether in the form of client solicitation or training facilitation.
XII. Lockers. Lockers are available for day use only. Locks and articles left overnight will be removed. The use of cellular phones is not a lowed inside the locker room facilities. You should always use a lock to protect your property. Do not leave any valuable property in a locker at any time. The Club is not responsible for any theft of or damage to your property. If you leave a lock on a locker while you're not in the gym, the Club will consider your property abandoned and has the right to cut off the lock.
XIII. Children. Members must be 16 years of age or older. Minors under 16 are not a lowed in the aerobics, exercise, locker, or weight training facilities.
XIV. Damages. Members shall be responsible for any damages to the Club's property which results from the willful or negligent conduct of any member, member's guest, or dependent children.
XV. Lost Articles. The Club assumes no responsibility for lost or stolen articles or items left overnight in lockers and removed from by the Club. Items stored in locker rooms or left openly in facility exercise areas are done so at a Member's (or his/her guest or dependent children's) own risk. Lost and found items may be turned into the front desk, although the Club accepts no responsibility with respect to any such items. Items turned into the front desk and not claimed within 30 days will be donated to charity.
XVI. Guests of Members. Members are assigned 1, single use, complimentary day pass for every month of active membership status, that may be used for basic gym access or class access for their guests. If using for class access, guests must sign up for and check in to the preferred class. All guests must register and show a form of photo identification at the front desk. All guests must be at least 16 years of age.
XVII. Late Payment of Fees. A late payment fee of $20.00 will be charged on any payment past due 14 days. Membership fees will be collected on a monthly basis starting on the date of first payment, and continuing every 30 days thereafter. Late fees will be applied after this time-frame if membership fees have not been paid in full and a Member's membership may be cancelled, at the discretion of the Club, if membership fees are not timely paid.
XVIII. Fitness Classes and Personal Training.
a. FITNESS CLASS RESERVATIONS - Anyone wishing to participate in a Club class, regardless of type of membership or class package, you must reserve your spot in a class to participate in said class. You will not be allowed to participate in a Club class without prior reservation. You may make a reservation online, in-person, or by phone. You may make a reservation up to 5 minutes before class starts if spots are still available. You must be physically present when the class starts or you may not be allowed to enter the class after said class is already in progress.
b. FITNESS CLASS CANCELLATIONS
i. BASIC MEMBERSHIPS AND CLASS PACKAGES: YOU MUST CANCEL YOUR SCHEDULED CLASS SPOT AT A MINIMUM OF 6 HOURS PRIOR TO ANY SCHEDULED CLASS OR YOU WILL BE DEDUCTED THAT CLASS FROM YOUR MEMBERSHIP/CLASS PACKAGE ALLOTMENT. Rescheduling time slots within the 6-hour minimum cancellation period is allowed if and only if the rescheduled class takes place on that same day. You may cancel/reschedule class through our online system or by calling the Club directly.**You are allotted a 1 single no-show/late cancellation per month. After this single no-show/cancellation allotment is used, you will be deducted a class from your membership/class package. Cancellation exception allotments do not rollover to the next month if unused.
ii. UNLIMITED MEMBERSHIPS: YOU MUST CANCEL YOUR SCHEDULED CLASS SPOT AT A MINIMUM OF 6 HOURS PRIOR TO ANY SCHEDULED CLASS. Rescheduling time slots within the 6-hour minimum cancellation period is allowed if and only if the rescheduled class takes place on that same day . You may cancel class through our online system or by calling the Club directly. **Unlimited membership are allotted one (1) no-show/late cancellation per month. After the (1) no-show/late cancellation allotment is used, failure to cancel prior to the 6 hour minimum cancellation period will result in a $25 charge for said class and any future late cancelled classes within that month. Cancellation exception allotments do not rollover to the next month if unused.
c. Class Packages expire after 6 months if they have not already been used. ALL SALES ARE FINAL FOR PURCHASE OF CLASS PACKAGES. All class packages are non-refundable, but may be, in some cases, transferable to another member of the Club. We will not refund unused classes. No exceptions.
d. PERSONAL BELONGINGS: You agree that Miami Strong is in no way responsible for the safekeeping of your personal belongings while you are present in a class. You assume all risk of loss or damage for any of your personal belongings.
e. PERSONAL TRAINING 1-on-1
i. Full amount of the training program or nutritional program must be paid in full prior to starting of the program.
ii. A 6 hour notice must be given to the trainer to cancel a session. Failure to give this 6 hour notice will result in that scheduled session counting as a completed session.
iii. Client will have 30 days from the beginning of their training start date to complete the amount of sessions designated by their specific program within that 30 day period. a4.Money will not be refunded on unused sessions regardless of the reason that the sessions were not used within the 30 day period.
iv. In the event of travel, work related incidents, and medical incidents, a package can be put on a freeze account for up to 30 days from the moment of account freeze. 7 days' notice must be given prior to account being put on a freeze. After the 30 freeze, the client will have up to 30 days from the moment of resuming sessions to complete their remaining sessions.
f. PERSONAL TRAINING 2-on-1 and Small Group Training
i. Full amount of the training program must be paid in full by each individual party prior to the starting of the program.
ii. If ALL individual parties of the group need to reschedule or cancel the training session, a 6 hour notice must be given. The session can be rescheduled pending the trainer's availability. If the trainer does not have the availability to reschedule the session, the session will count as a used session.
iii. If only one individual of the group cancels or reschedules (regardless of a 6 hour or more notice), and the other individual(s) of the group can still attend the session, the individual who cannot make it, their session will still count as a completed session.
iv. If only one individual of a group session had cancelled and still wishes to make up their lost session, they can do so by paying 65% off the full session cost of their specific program for a 1 on 1 session.
v. Client will have 30 days from the beginning of their training start date to complete the amount of sessions designated by their specific program within that 30 day period.
vi. Money will not be refunded on unused sessions regardless of the reason that the sessions were not used within the 30 day period.
vii. In the event of travel, work related incidents, and medical incidents, a package can be put on a freeze account for up to 30 days from the first moment of the very next expected session. 7 days' notice must be given prior to account being put on a freeze.
viii. After the 30 freeze, the client will have up to 30 days from the moment of resuming sessions to complete their remaining sessions.
XIX. Change of Rules and/or Regulations. The Club reserves the right to add to, change or remove rules, conditions of membership, opening and closing hours and the services, classes and facilities offered by the Club from time to time, and at any time. If and when these changes occur, these changes will automatically apply to any of your exisiting memberships with Miami Strong Gym and supersede previous terms and conditions.
XX. Waiver, Release and Assumption of Risk
The undersigned Member understands and agrees that he/she is voluntarily participating in physical activities that may expose Member and Member's spouse, children, unborn children, other family members, or guests and invitees to risks of personal injury, and Member represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities. 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, tendinitis, cartilage tears, bursitis, back pain and bruising of joints. Exercise beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death. Member waives any and all claims or actions that Member may have (or the Member's spouse, children, unborn children, other family members, guests or invitees) against Miami Strong, any of its parents, subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any such personal injury relating to and arising out of the Member's use of the Club's facilities or Miami Strong's negligence, whether direct or indirect. The provisions of this paragraph shall survive the termination of this Agreement and Member's membership.
Member represents and warrants to Miami Strong that he/she is in good physical health, and that he/she shall notify Miami Strong in writing if he/she becomes unable to participate in an activity due to some physical or mental issues. Member acknowledges that Miami Strong has not given Member any medical advice before Member joined the Club or participated in any activities at the Club and cannot give Member any such advice after Member joins the Club, whether related to Member's physical condition and ability to use the facilities and services of the Club or otherwise. In consideration of Miami Strong a lowing Member to participate in physical activity within the facilities of the Club and use the Club's equipment, Member agrees to defend, indemnify, and hold harmless Miami Strong, as we l as its members, shareholders, managers, directors, agents, officers, and employees, against any loss, damage, or expense (including reasonable attorneys' fees) incurred by reason of any claim or liability that may hereafter at any time be made or brought by Member or on Member's behalf for any known or unknown, foreseen or unforeseen, bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member as a direct or indirect result of participating in the aforementioned activities and use of the equipment at the Club. Member also agrees to indemnify Miami Strong we l as its members, shareholders, managers, directors, agents, officers, and employees, against any and all third-party claims resulting from the Member's own negligence or intentional action. In addition, Member acknowledges that surveillance cameras are in use for the protection of Miami Strong, the Club's equipment, employees and its members. Member hereby consents to being photographed and/or recorded for such purposes. The provisions of this paragraph shall survive the termination of this Agreement and Member's membership.
Children under the age of 16 are not permitted in the Club's facilities. I acknowledge that I shall be responsible for supervision of my children who are permitted in the Club's facilities and that Miami Strong will not otherwise supervise my children or determine whether my children should be accompanied by a parent or other adult.
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 the prior written consent of all parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard for conflict of law principles.
b. Any dispute, claim or controversy arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the required to be resolved by binding arbitration. The arbitration will be governed by the rules of the American Arbitration Association under its Commercial Arbitration Rules then in force and effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
XXII. Acklnowledgement of Terms. Member has read, and fully agrees to the terms 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 at least 18 years of age and mentally competent to enter into this Agreement.
XXIII. Statutory Cancellation Provisions. 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 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 30 days after receipt of the notice of cancellation.
Members are entitled to 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 and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.
XXIV. FURTHER STATUTORY RIGHTS
Members are entitled to 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 and fails to provide, within 30 days, a facility of equal quality located within five (5) driving miles to the buyer.
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 department to determine the sufficiency of the notice. (Attention Health Studio Owner! Please Note: this applies to any notice cancellation).
That if the Florida Department of Agriculture and Consumer Services 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:
Upon sale, for not more than 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 will be issued within 30 days after receipt of the notice of cancellation.
Members are advised to contact the Florida Department of Agriculture & Consumer Services for information within 60 days should the health studio go out of business.
This contract may be cancelled if the buyer 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 buyer or the buyer's estate seeking relief under this paragraph may be required to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be 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 to the extent the diagnosis or treatment is within the physician's scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation.
For memberships of less than 30 days:
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. All such sessions must be used within 30 days.
For memberships greater than 30 days:
The initial contract will not exceed 36 months and thereafter shall only be renewable annually. Renewal contracts may not be executed and the fee therefore paid until 60 days or less before the preceding contract expires.
If 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 will provide the buyer with the means of such identification.