MEMBER CONTRACT
a) You are entitled to the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys 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 made within the 3-day provision.
(b) 1. You 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 5 driving miles from the business location designated in such contract and fails to provide, within 30 days, a facility of equal quality located within 5 driving miles of the business location designated in such contract at no additional cost to the buyer. 2. Notice of intent to cancel by the buyer shall be given in writing to the health studio. Such a notice of cancellation from the consumer shall also terminate automatically the consumer's obligation to any entity to whom the health studio has surrogated or assigned the consumer's contract. If the health studio wishes to enforce such contract after receipt of such showing, it may request the department to determine the sufficiency of the showing. 3. If the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The business location of a health studio shall 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 during ownership, for not more than 7 consecutive days and not more than two periods of 7 consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
(c) The buyer is advised to contact the department for information within 60 days should the health studio go out of business.
(d) You are entitled to the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which 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 buyer or the buyer's estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer shall be established if the buyer furnishes to the health studio 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.
(e) The initial contract will not be for a period in excess of 36 months, and thereafter shall only be renewable annually. Such renewal contracts may not be executed and the fee therefor paid until 60 days or less before the preceding contract expires.
(f) 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 shall provide the buyer with the means of such identification.
MEMBERSHIP AGREEMENT
1. MEMBER, by executing this Agreement, does hereby join the CLUB and such membership entitles the MEMBER to use the facilities.
2. MEMBER agrees to present his/her membership upon entering the CLUB. MEMBER agrees and understands that he/she may be asked to present identification.
3. MEMBER agrees that at all times when MEMBER is using the facilities of the CLUB, that, MEMBER will strictly comply with all the terms and conditions of this Membership Agreement and the rules and regulations regulating the use of the facilities as may be in effect from time to time. MEMBER agrees that it is MEMBER’s responsibility to seek out and familiarize himself/herself with the rules and regulations, as they exist for use of the facility.
4. If MEMBER violates this Agreement and the terms contained herein or any of the rules and regulations for use of the facility, the CLUB may suspend the MEMBER’s right to use the facility until such time as the MEMBER provides the CLUB with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms of this Agreement or the rules and regulations governing the facility, the MEMBER’s membership may be terminated by the CLUB.
5. MEMBER agrees and understands that there are risks associated with the use of the facilities and MEMBER further agrees and understands that MEMBER is assuming the risks associates with the use of the facilities and all equipment contained therein included the risk of injury and death. For and in consideration of the use of the facilities, MEMBER agrees to release, discharge, and waive any Claim against the CLUB and its owners, agents, employees and representatives from any and all damages, injuries or death resulting from the MEMBER’s use of the facilities including but not limited to the exercise and associates equipment and athletic facilities, participation in fitness programs and exercise classes. The MEMBER represents that she/he is in good health and does not suffer from any infirmity, disease, impairment or physical conditions that would prevent MEMBER from participating in any of the activities and programs or use of the exercise equipment without suffering harm or injury. MEMBER represents to the CLUB that MEMBER either has the permission and approval of his physician to participate in the athletic activities, programs, and exercise classes and use of exercise equipment or if he/she does not have such permission, the MEMBER hereby assumes the risk of injury and death, which may result from such activities.
6. MEMBER agrees that MEMBER shall abide by the CLUB dress code at all times while in the facility. Athletic shoes only, no open toed shoes, sandals, flip flops or slip-on shoes.
7. MEMBER agrees that MEMBER shall not use loud or profane language upon the CLUB premises nor shall MEMBER molest, badger, assault or harass other CLUB members, guests or employees. If MEMBER engages in such behavior, MEMBER’s membership shall be subject to immediate cancellation.
8. MEMBER understands that the CLUB prohibits the use of any drugs or steroids and MEMBER agrees not to use any drugs or steroids on the CLUB premises. MEMBER acknowledges and is aware that steroids can cause numerous physical, mental, and emotional problems relating to physical maturity and growth and may cause heart disease, strokes, liver dysfunction, sterility and infertility, and many other adverse health problems. MEMBER recognizes and acknowledges that there are serious criminal and civil penalties for the illegal possession, sale, use, trading, or exchange of steroids and no such activity is allowed upon CLUB premises.
9. MEMBER shall be required to provide MEMBER’s own towel to be used to wipe off body oils or perspiration the MEMBER may have left on the CLUB’s equipment. CLUB may provide disinfectant and towel if further cleaning is desired.
10. MEMBER agrees to comply with the CLUB’s 30-minute time limit on cardio machines when all of the same machine types are in use.
11. MEMBER agrees to return weight plates, dumbbells, benches, attachments, and any other accessories to their original location.
12. MEMBER agrees not to disrupt the CLUB’s comfortable environment. Possible disruptions include, but are not limited to: intimidating or aggressive behavior; unreasonable grunting or breathing; dropping weight plates, bars, or dumbbells; and slamming the weight plates on the cable station.
13. MEMBER agrees that if MEMBER fails to use the CLUB facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.
14. In the event a dispute arises between MEMBER and the CLUB which relates to this Membership Agreement, the events, negotiations, representations, and warranties which occurred or were made prior to the execution of this Membership Agreement or to MEMBER’s use of the CLUB facilities, exercise equipment, or participation in the exercise classes or other programs including any injuries to the MEMBER, the dispute will be decided by arbitration in accordance with the commercial rules of the American Arbitration Association.
15. Should this Agreement be placed in the hands of an attorney for the violation of any provision contained herein, the parties agree the prevailing party shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney’s fees.
16. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, express, or implied.
17. This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.
ACTIVITY RELEASE AND INDEMNITY AGREEMENT
THIS RELEASE AND INDEMNITY AGREEMENT ("Release") is made by the undersigned adult (I), to release and indemnify Miami Strength and Fitness Health Clubs. (MSFHC), its parent company, affiliated or subsidiary companies, and all their respective officers, directors, agents, contractors, employees, heirs, successors, and assigns (collectively, MSFHC), as set forth below.
I AGREE TO ABIDE BY THE RULES AND REGULATIONS OF MSFHC, INC. I FURTHER AGREE THAT ALL USE OF MSFHC, INC.'S FACILITIES, CLASSES, PROGRAMS AND SERVICES SHALL BE UNDERTAKEN AT MY SOLE RISK AND THAT MSFHC, INC. SHALL NOT BE LIABLE FOR ANY INJURIES, ACCIDENTS OR DEATH OCCURRING TO ME, INCLUDING THOSE RESULTING FROM MSFHC, INC.'S NEGLIGENCE, ARISING EITHER DIRECTLY OR INDIRECTLY OUT OF MY PARTICIPATION IN OR USE OF MSFHC, INC.'S FACILITIES, PROGRAMS AND SERVICES. I, FOR MYSELF AND ON BEHALF OF MY EXECUTORS, ADMINISTRATORS, HEIRS AND ASSIGNS, DO HEREBY EXPRESSLY RELEASE, DISCHARGE, WAIVE, RELINQUISH, AND COVENANTS NOT TO SUE MSFHC INC., ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES FOR ALL SUCH CLAIMS, DEMANDS, INJURIES, DAMAGES OR CAUSES OF ACTION, INCLUDING THOSE RESULTING FROM MSFHC INC.'S NEGLIGENCE, ARISING EITHER DIRECTLY OR INDIRECTLY OUT OF MY PARTICIPATION IN OR USE OF MSFHC'S FACILITIES, PROGRAMS, CLASSES, AND SERVICES.
I RELEASE MSFHC, INC. FROM ANY LIABILITY FOR MY INJURY OR DEATH, OTHER THAN INJURY OR DEATH RESULTING FROM GROSS NEGLIGENCE BY MSFHC, INC., INCLUDING THOSE CAUSED BY NEGLIGENCE BY MSFHC, INC. I AGREE NOT TO SUE MSFHC, INC., FOR BODILY INJURY PROPERTY DAMAGE, OR DEATH OCCURING TO ME AS A RESULT OF PARTICIPATING IN THE ACTIVITIES.
I HEREBY ASSUME FULL RESPONSIBILITY FOR BODILY INJURY, PROPERTY DAMAGE OR DEATH DUE TO THE NEGLIGENCE OF MSFHC, INC. AND THE NEGLIGENCE OF ANY THIRD PARTY INCLUDING OTHERS PARTICIPATING IN THE ACTIVITIES.
I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MSFHC, INC. FROM ANY AND ALL CLAIMS ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES INCLUDING THOSE RESULTING FROM MSFHC, INC.'S NEGLIGENCE, AT MY SOLE COST AND EXPENSE.
ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITIES, IS BROUGHT AT MY SOLE RISK AS TO ITS THEFT, DAMAGE, OR LOSS.
I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me during the Activities, as MSFHC, Inc. may deem appropriate.
I agree to abide by all facility rules and regulations, including the mandatory re-racking of all free weights, dumbbells, and accessories immediately following use. Leaving weights un-racked constitutes a safety hazard and a breach of this agreement. I expressly authorize MSFHC, INC. to charge a $10 administrative penalty to the credit card on file per violation, provided that photographic or video evidence of the infraction is documented by management. Repeated offenses may result in my membership termination.
I expressly agree that the terms of this release and indemnity are intended to be as broad and inclusive as is permitted by the laws of Florida State permit. Any provision or portion of this document found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The remaining provisions or portions of this document shall then be construed and enforced as if such stricken provision or portion had not been contained herein.
Miami Strength and Fitness Health Cubs is registered with the State of Florida as a health studio facility. Registration #HS15880